Section 26 in Himachal Pradesh Private Forests Act, 1954
26. Manner in which Forest Settlement Officer should pass orders.
(1)The Forest Settlement Officer shall when passing orders under section 25 -(a)prepare a list of the right-holders with their father's names, castes, residences and occupations of each;(b)decide what fraction of the timber and other forest produce of the forest notified under sub-section (3) of section 21 shall be allotted to the right-holders;(c)decide the maximum amount of timber and other forest produce to which each right-holder is entitled;(d)determine the number and description of the cattle, if any, which the claimant is form time to time entitled to graze in the area and the season during which such pasture is permitted;(e)consider the capacity of the area to supply without danger to its conservation, the requirements of the right-holders.(2)In deciding what fraction of the timber and other forest produce shall be allotted to the right-holders, the Forest Settlement Officer shall have regard to-(a)the entries in any record of rights prepared and finally published under any law for the time being in force and value to be attached to such entries under such law;(b)the amount of forest produce which the right-holders have taken from the area notified under sub-section (3) of section 21 for their fuel or other domestic or agricultural purposes;(c)the attempts, if any, made from time to time by the landlords or the right-holders to preserve the said forest or utilise the said wasteland;(d)any other material showing the respective rights of the landlord and right-holders in the said area; and(e)the extent of land not included in the area notified under sub-section (3) of section 21 and is still available for exercise of the rights of right-holders.
