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State of Uttar Pradesh - Section

Section 23 in The United Provinces Private Forests Act, 1948

23. Manner in which Forest Settlement Officer should pass orders.

(1)The Forest Settlement Officer shall, when passing order under Section 22-
(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 18 shall be allotted to the right-holders;
(c)decide the maximum amount of timber and other forest produce which each right-holder is entitled;
(d)determine the number and description of the cattle, if any, which the claimant is from time to time entitled to graze in the area and the season during which such pasture is permitted; and
(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 18 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 utilize the said waste land;
(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 subsection (3) of Section 18 and is still available for exercise of the rights of right-holders.