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State of Himachal Pradesh - Section

Section 19 in The Himachal Pradesh Forest (Settlement) Rules 1965, As Amended By First Amendment Rules 1975

19.

After the issue of a notification under section 4, no fresh clearing for cultivation or for any other purpose shall be made in the land included in the said notification.Provided that the Collector may with the previous concurrence of the Chief Conservator of Forests permit such clearings for rehabilitating displaced persons and landless tenants and for irrigation projects.[20 [Substituted vide Amendment H.P. Government Notification No. 15-2/73-Section F. dated 3.10.1975.]](i) Usually all Government forest lands and waste lands, the protection of which is necessary, will be continued as Protected Forests.
(ii)The Conservator of Forests will send a proposal with sketches to the Collector Forests with regard to areas which are required declared as Protected Forests. The areas under near cultivated lands and ABADIS may not be proposed to be declared as Protected Forests sufficient areas are to be left out for legitimate use of the right holders. As soon as the proposals are received, th6 Collector. Forest shall depute Forest Settlement Staff under him to measure and demarcate the proposed area and the responsible Forest Officer by fixing boundary pegs or stone cairns
(iii)The Collector Forests shall get prepared the following records for each forest with the help of revenue settlement record: -
(a)Map of the forest.
(b)Field Book.
(c)Jamabandi.
(d)Khasra Banaobast as perform 'B'.
(e)A general statement as per form 'C'.
(f)A list of ways and paths open to Public throughout the year as per form 'D'.
(g)A list of religious places open to public for worship as per form 'E'
All this record will be checked 100% by the Kanungo and to a minimum of 30% and 25% by the Naib Tehsildar and Tehsildar respectively and results recorded in the Inspection Note Book. The record mentioned at (d), (e), (f) and (g) above will be signed by the Collector Forests also which will be attached with the Forest file concerned at the time of file construction.
(iv)After the demarcation and completion of record as mentioned above, the Collector Forests will issue a proclamation in form 'L' under section 29 of the Act, inviting claims and objections of the right holders pertaining to their rights into the said forests to be filled within 30 days from the date of issue of the proclamation.
The publicity of the proclamation shall be made by the beat of drum through the Tehsildar Mohal concerned. Copy of the proclamation will also be sent to the concerned Divisional Forest Officer as well as to the Gram Panchayat concerned.
(v)After the expiry of period of 30 days, the Collector Forests shall hold enquiry into the rights of Government, and of the private persons at a convenient place as close to the concerned forests as possible. The date and place of enquiry shall be intimated in advance to the concerned parties.
(vi)Concerned Divisional Forest Officer or his nominee will appear, plead and act on behalf of the Government before the Collector Forests and furnish written statements regarding rights and concession exercised by the right holders such like matters. The enquiry shall not be elaborated. Abstracts of rights and concessions as admitted shall also be reproduced as per annexure of form 'G'.
(vii)The Collector Forests will prepare for each forest, one file containing the following documents: -
(a)title page.
(b)Order sheet.
(c)Khasra Bandobast vide form 'B'.
(d)a general statement as given in form 'C'.
(e)a list of ways and paths open to public throughout the year as per form 'D'.
(f)a list of religious places open to public for worship as per form E'.
(g)proclamation issued under sub-rule (iv).
(h)claims and objects, if any received under sub-rule (iv).
(i)summons issued under sub-rule (v).
(j)statements of parties etc., recorded under sub-rule (vi).
(k)any other document relevant with the case, and
(I)abstract of rights and concessions as per annexure of form 'G'.