Section 22 in Rules Having The Force of Law and Executive orders Relating to Forests
22. Refund of value of timber or resignation of a grant. - In any case in which settlement-holder has paid royalty for timber standing on his estate he may, in case he hereafter resigns the whole or any portion of his estate, be granted a refund of the value of the timber of trees standing thereon subject to the following provisions :
(i)Where the area resigned is a compact area of 250 acres or upwards the settlement-holder shall be entitled to a refund, in respect of all unused timber, of the royalty paid at the time of settlement.(ii)Where the area resigned is not a compact area of 250 acres, refund of the royalty paid at the time of settlement in respect of all unused timber may be made at the discretion of the Commissioner.(iii)Where a settlement-holder resigns land on which valuable trees have been planted subsequent to settlement, a fair valuation of the trees standing on the land may be paid to the settlement-holder at the discretion the State Government.(iv)When a refund is claimed under Clause (i) or (ii) it shall be for the settlement holder to prove the amount of royalty paid at the time of settlement in respect of the area resigned. The Deputy Commissioner shall cause a Forest Officer to estimate what proportion the value of the standing trees to the value of the trees at the time of settlement, and the amount of the refund shall bear the same proportion to the amount of royalty paid at the time settlement ; provided that the Commissioner may at his discretion authorise a Forest Officer to assess the timber at its present market value in situ, in cases where it is not possible to prove the amount of royalty paid in respect of the area resigned.
