APF Act 11अध्याय 2 · Reserved Forests

धारा 11 · Claims to rights of way, etc

(1)

Where the claim relates to any of the rights specified in clauses (a) to (d) of sub section (1) of section 10, the Forest Settlement Officer shall, after considering the particulars of such claim so far as may be necessary to define the nature, incidents and extent of the rights claimed, and the objections of the forest officer, if any, pass an order; admitting or rejecting such claim wholly or in part, after recording the reasons therefor.

(2)

Where the claim admitted relates to a right for the beneficial enjoyment of any land or building, the Forest Settlement Officer shall record the designation, position and area of such land and the designation and position of such building.

(3)

Where the claim admitted relates to a right of way or to a water course or to the use of water, the Forest Settlement Officer shall either accept the voluntary surrender of the right by the claimant with or without conditions or pass an order for the continuance of the exercise of such right subject to such conditions as may be agreed upon between the Forest Department and the claimant or in default of such agreement, as the Forest Settlement Officer, may impose.

(4)

Where the claim admitted relates to a right of pasture or to forest produce, the Forest Settlement Officer shall either accept the voluntary surrender of such right or pass an order, providing for the exercise of such right, if any, subject to such conditions or restrictions as he may impose, or directing the exclusion of the land of sufficient extent, of a suitable kind, and in a locality reasonably convenient to the claimant, by altering the limits of the proposed reserved forest.

(5)

In the order passed under sub section (4) the Forest Settlement Officer shall record, as far as practicable, the number and description of the cattle which the claimant is from time to time, entitled to graze, the local limits within which, and the seasons during which, such pasture is permitted, or the quantity of timber or other forest produce which the claimant is authorised to take or receive, the local limits within which, the seasons during which, and the mode in which, the taking or receiving such produce is permitted, and such other particulars as may be required in order to define the extent of the right which is continued and the mode in which it may be exercised.

(6)

A copy of every order passed under this section shall be furnished to the claimant by the Forest Settlement Officer and another copy shall be forwarded to the Forest Officer, if any, representing the Forest Department under sub section (3) of section 4 or where no such officer is appointed, to the Divisional Forest Officer.

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