Section 6 in Revenue Standing Orders Relating to Forest Settlement
6.
The following orders have been issued, from time to time, for the information and guidance of officers engaged in forest settlement and are now brought together for facility of reference:-(1)Board's Proceedings, dated the 3rd May 1889, Forest No. 257. - The District Forest Officer and the Forest Settlement Officer should refer, in the draft notifications under sections 4 and 16 of the Forest Act submitted by them, respectively, to the following features, chiefly:-(a)Surveyed and demarcated village boundaries and their marks;(b)Surveyed and demarcated field boundaries and kandam marks;(c)Roads, paths, rivers, canals, railways, etc.(d)Natural features, such as ridges or spurs of well-known hills, banks of rivers or streams, etc.(e)In the absence of other mark or features, forest boundaries and their marks.The description of boundaries should start from the north-west comer and go round the block along the northern, eastern, southern and western sides in order.With a view to secure uniformity in all the districts in the matter of boundary descriptions, both under sections 4 and 16, the following points should be attended to:-In surveyed and demarcated districts, the boundaries of reserves should follow the surveyed boundaries of field and villages adjoining the forest on the out side, or at any rate commence and end at village or field boundary marks. The advantage of this course is obvious, as an accurate and authentic tracing of the proposed reserves can at once be prepared from village maps. As the demarcation of village and field boundaries has already been performed, there will be no need in most cases for a fresh forest survey and demarcation in connection with the notification under section 4 and though the final demarcation for forest purposes should be complete in itself and independent of field stones, it will be greatly facilitated if the deviations from the village and field survey limits are only such as may be required to secure good boundary lines.It must be of course be understood that these instructions are not meant to apply to eases in which it is desired to leave a margin between the reserve and land now under cultivation or set aside as village poramboke.As regards unsurveyed tracts, in the absence of a sufficient number of natural features or other well-known land marks for a complete boundary descriptions, as many cairns as possible should be erected on sites which can be fixed with reference to some known point, the direction of the lines from one cairn to another and the distance between each cairn being at the same time given.(2)Board's Proceedings, dated the 20th July 1889, Forest No. 390. - The clauses (a) and (b) of section 12 of the Act (V of 1882) are intended to be alternative, that is, if the Forest Settlement Officer has passed an order under one of the clauses in regard to a certain right, he is precluded from dealing with the same right under the other clause.(3)Board's Proceedings, dated the 29th August 1889, Forest No. 442. - Forest Settlement Officer is not empowered by the Act to review his own decision, but he may correct verbal or clerical errors.(4)Board's Proceedings, dated the 3rd July 1891, Forest No. 291. - Forest Settlement Officers should, as far as possible, accept the Collector's wishes in regard to the course to be pursued under section 10(i); if they consider themselves unable to do so with propriety, they should refer the matter to the Chief Conservator of Forests for orders.(5)Board's Proceedings, dated-the 31st March 1890, Forest No. 178. - It is not illegal to include in a notification under section 4 of the Forest Act any land over which the Government recognizes any claims or about which there is dispute; but where the dispute relates to a large tract of land, it is better to proceed under the Tamil Nadu Survey Boundary Act, 1923 (Tamil Nadu Act VIII of 1923) before notifying the area under the Forest Act. The mere fact that the land is notified under section 4 does not of itself forbid the exercise of the private rights of the claimant to the land excepting his right to clear land for cultivation without the permission of the Forest Settlement Officer or to get a patta without the sanction of Government.(6)Board's Proceeding, dated the 19th April 1899, Forest No. 208. - The District Forest Officer is not bound to oppose every claim made, as a matter of course nor is he required to bring up for admission and record every right of way on behalf of the public, but only such as he considers important.(7)Board's Proceedings, dated the 31st October 1892, Forest No. 605 and 25th January 1893, Forest No. 54. - Lands which it is necessary to acquire for forest settlement purposes must invariably be acquired under the Land Acquisition Act. In this connection, attention is invited to the instructions contained in Board's Standing Order No. 90 (New Edition).(8)Board's Proceedings, dated the 2nd July 1888, Forest No. 337. - The District Forest Officer, as representing Government is competent to move the Forest Settlement Officer to exclude any portion of a proposed reserve by alteration of the notified boundary; but neither officer has the power to add to the reserve any land not included within the limits given in the notification under section 4.(9)Board's Proceedings dated the 25th January 1893, Forest No. 55, and 24th February 1893, Forest No. 128. - The Forest Settlement Officer should, whenever he can spare time, help the District Forest Officer in the preparation of correct plans of the reserves in surveyed taluks where village plans are available. Fie should make all the alterations in the maps which he can without wasting time by sending them back to the District Forest Officer.(10)Board's Proceedings, dated the 24th February 1893, Forest No. 128. - It is only in rare cases that a reference to the District Forest Officer should be required to ascertain the areas of portions of blocks excluded at settlement. The Forest Settlement Officer should be able, with the help of a scale, to find out from the map the area of the portions to be excluded as well as the District Forest Officer could do it. He can also refer to the village karnam where necessary.(11)Board's Proceedings, dated the 7th Jun» 1889, Forest No. 317. - The draft final notification for each block should be submitted with a separate covering letter.(12)Board's Proceedings, dated the 15th March 1887, Forest No. 147. - After publication of the final notification in the [Fort St. George Gazette] [Now Tamil Nadu Government Gazette.], Forest Settlement Officers need not wait for the receipt of the order of Government to publish the proclamation prescribed by the second clause of section 16, but should take action on receipt of the Fort St. George Gazette.(13)For the purpose of the second clause of section 16, the Forest Settlement Officer is merely required to publish the final notification in the manner described in the first clause of section 6. The remaining clause of the latter section are not applicable to the proclamation issued under section 16.(14)Board's Proceedings, Miscellaneous No. 1488, L. R. and S., dated the 13th May 1932, Board's Proceedings Miscellaneous No. 2672, L. R. and S., dated the 8th September 1932, Board's Proceedings Miscellaneous No. 813, L. R. and S., dated the 14th March 1933, and Board's Proceedings Miscellaneous No. 1450,.L. R. and S., dated the 23rd May 1933. - The original records of all forest settlement enquiries relating to each reserve should be kept in separate bundles, between paper card boards or wooden planks in wooden boxes or almirahs. The packets as well as the boxes or almirahs should be sealed with the seal of the Collector. A copy of the list of contents of each packet should be on record in the District Forest Office. When the District Forest Officer desires access to the records of any reservation, he should make a written indent signed by himself, to the Collector. The Collector should satisfy himself that the contents of each packet are complete on its return from the District Forest Officer, who would be personally responsible for the safe custody of the records when they are in his office. The Collector should, on or before the 15th April, furnish the Conservator of Forests concerned with an annual certificate of the verification of the number of sealed packets and boxes in his custody. It shall be the duty of the Conservator to satisfy himself during his periodical inspection of District Forest Officers in such manner as he may deem fit, that these rules are being observed.(15)Board's Proceedings, dated the 23rd May 1902, Forest No. 157. - In submitting notifications under section 16 of the Forest Act, Collectors should satisfy themselves that the lands and trees to which private rights have been admitted at settlement have been well defined and marked, the lands being permanently demarcated on the ground and the trees marked, numbered and stamped and should, invariably mention in their covering letter to the Chief Conservator of Forests that they have done so.Appendix
