Chapter III CONTROLLED FORESTS

(1) If the State Government is satisfied A at any time that the provisions of chapter II are not sufficient to secure due protection of any notified forest or that it is not necessary in the interest of the general public to apply the provisions of this chapter to any private forest whether notified or not, it may constitute such forest a Controlled Forest in the manner hereinafter provided. (2) If it appears from the report of the Forest Officer that any wasteland, the area of which is not less than fifty acres which is lying uncultivated for more than seven years and is suitable for afforestation and that the owner of such land is unwilling or unable to cultivate is by growing therein agricultural crops, or to use it for purposes of horticulture to the satisfaction such Forest Officer or to afforest it, the State Government may, after satisfying itself that such land cannot be more advantageously used for the purposes of agriculture or horticulture than for the purposes of afforestation, constitute such wasteland as Controlled Forest in the manner hereinafter provided.

(1) When it is proposed to constitute any area a private forest or wasteland or Controlled Forest, the State Government shall issue a notification- (a) declaring that it is proposed to constitute such area a Controlled Forest; (b) specifying, as nearly as possible, the situation and limits of such area; and (c) stating that any landlord whose interests are likely to be affected if such area is constituted a Controlled Forest, may, within such period not being less than six months from the date of the notification, as shall be stated in the notification, present to the Collector in writing any objection to such area being constituted a Controlled Forest. (2) A copy of such notification shall be served on the landlord in the prescribed manner. Explanation.- For the purpose of clause (b) it shall be sufficient to describe the limits of the area by roads, rivers, ridges or other well known or readily intelligible boundaries.

(1) The Collector shall in the prescribed manner hear any objection presented under clause (c) of section 20 and shall pass an order- (a) dismissing such objection, or (b) directing that the proposal to constitute the said area a Controlled Forest shall be dropped either in respect of the whole of the said area or in respect of a part of it to be specified in the order. (2) Any landlord who is aggrieved by an order passed by the Collector under sub-section (1) or any Forest Officer or other person generally or specially empowered by the State Government in this behalf, may file a revision application to the State Government whose orders shall be final. (3) If no objection is presented under clause (c) of section 20 or if such objection is presented and is finally disposed of under the provisions of this section, the State Government may, where it considers that any area included in the notification issued under section 20, should be constituted a Controlled Forest, issue a notification- (a) declaring that it has been decided to constitute such area a Controlled Forest; (b) specifying as nearly as possible the situation and limit of that area; and (c) appointing a Forest Settlement Officer to enquire into and determine the existence, nature and extent of any rights other than landlord's rights alleged to exist in favour of any person in or over any area comprised within such limits, or in or over any forest produce and to deal with the same as provided in this chapter. (4) The Forest Settlement Officer appointed under clause (c) of sub-section (3) shall, in the prescribed manner, give an opportunity to the landlord to be heard in the enquiry referred to in that clause.

Where a notification has been issued under sub-section (3) of section 21, the Forest Settlement Officer shall publish in every town and village in the neighbourhood of the area comprised therein, a proclamation- (a) specifying as nearly as possible the situation and limits of the proposed area; (b) explaining the consequence which, as hereinafter provided will ensue when such area is constituted a Controlled Forest; and (c) fixing a period of not less than six months from the date of such proclamation,, and requiring every person claiming any right mentioned in sub-section (3) of section 21 (other than landlord's rights) within such period either to present to the Forest Settlement Officer a written notice specifying or to appear before him and state the nature of such right and the amount and particulars of the compensation, if any, claimed in respect thereof.

The Forest Settlement Officer shall take down in writing all statements made under section 22 and shall at some convenient place inquire into all claims duly preferred under that section and the existence of any rights mentioned in sub-section (3) of section 21 other than landlord's rights and not claimed under section 22 so far as the same may be ascertainable from the records of Government and the evidence of any persons likely to be acquainted with the same.

For the purpose of such inquiry the Forest Settlement Officer may exercise the following powers, that is to say- (a) power to enter, by himself or to authorise any officer to enter upon any land, and to survey, demarcate and make a map of the same; and (b) the powers of the Civil Court in the trial of suits.

(1) The Forest Settlement Officer shall when passing orders under section 25- (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 21 shall be allotted to the right-holders; (c) decide the maximum amount of timber and other forest produce to 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; (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 21 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 utilise the said wasteland; (d) any other material showing the respective rights of the land lord and right-holders in the said area; and (e) the extent of land not included in the area notified under sub-section (3) of section 21 and is still available for exercise of the rights of right-holders.

When passing an order under section 25 on any claim the Forest Settlement Officer is of opinion that the conservation of the Forest or the utilisation of the wasteland concerned so requires, he may instead of permitting the exercise of the full rights provided by the claimant, order that the exercise of such rights shall be suspended wholly, or in part, for such period and subject to such conditions as may be specified in the order: Provided that it shall be necessary for the Forest Officer to make adequate arrangements for the grazing of cattle.

Rights (other than landlord's rights) in respect of which no claim has been preferred under section 22 and regarding the existence of which nothing has come to notice during the inquiry under section 23 shall be extinguished unless before the publication of the notification under section 35 the person claiming them satisfies the Forest Settlement Officer that he has sufficient cause for not preferring such claim within the period fixed under section 22.

After the issue of notification under section 20, the landlord of the forest or the area specified in such notification, shall not enter into any contract with any person conferring on such person the right, to cut, collect or remove timber or other forest produce or trees in or from such area and any such contract entered into for the issue of the said notification under section 20 shall be void: Provided that this restriction shall, without prejudice to the provisions of the Act, cease, if the proposal to constitute the area concerned a Controlled Forest, is dropped or the area is eventually not constituted a Controlled Forest.

(1) At the time of issuing a notification under section 20 or at any time thereafter the State Government may make an order prohibiting, until the date of the publication of a notification under section 35 and subject to such conditions and exceptions as may be specified in the order, the cutting, collection and removal of any trees, or any class of trees, in the area in respect of which such notification is issued, and effect shall be given to such order notwithstanding anything contained in any contract, grant or record-of-rights to the contrary: Provided that the order shall not apply to an area the proposal to constitute which as a Controlled Forest is dropped. (2) Every such order shall be published in the neighbourhood of the said area in the prescribed manner.

(1) In the case of a person who claims to have a right under any contract with, or grant made by, the landlord before the issue of a notification under section 20, to cut, collect or remove any forest produce in or from, or to pasture cattle in an area notified under sub-section (3) of section 21 or any part thereof, and who claims compensation, for the loss or modification of such right, the Forest Settlement Officer shall determine the amount which should, in his opinion, be awarded as compensation to such claimant and subject to the provisions of sub-section (3) shall direct that the amount, if any, so determined shall be awarded to the claimant. (2) In determining the amount of compensation to be awarded to such claimant, the Forest Settlement Officer shall take into consideration the following and no other matters, namely:- (a) any payment made by the claimant to the landlord ; (b) whether or not such payment was a reasonable and bonafide payment; (c) whether or not the exercise by claimant of his rights under any contract entered into between the claimant and the landlord or under any grant made by the landlord contravened or tended to contravene the provisions of section 7; (d) any expense reasonably incurred by the claimant in order to cut, collect or remove trees, timber or other forest produce; (e) the value of trees, timber or other forest produce cut, collected or removed by, or with the permission of the claimant. (3) Instead of directing the award of compensation in cash, the Forest Settlement Officer may direct that the claimant shall be permitted to cut, collect and remove from the said area such quantity of timber or other forest produce as shall not exceed in value the amount determined by the Forest Settlement Officer under sub-section (1). (4) The claimant shall not cut, collect or remove any timber or other forest produce except in such manner and at such times and in such parts of the said area as may be specified in rules or instructions issued by the Forest Officer. (5) The Forest Officer shall decide when the claimant has cut, collected and removed trees, timber or other forest produce to the aggregate value mentioned in sub-section (3) and the decision of the Forest Officer shall, subject to any order that may be passed in revision by the Conservator of Forests, Working Plans Circle, be final.

Any person who has made claim under section 25 or section 31, any Forest Officer or other person generally or specially empowered by the State Government in this behalf, may, within six months of the date of the order passed by the Forest Settlement Officer under section 25 or section 27 or section 31, present an appeal from such order to the prescribed authority.

(1) Every appeal under section 32 shall be made by petition in writing and may be delivered to the Forest Settlement Officer, who shall forward it without delay to the prescribed authority referred to in that section. (2) The petition of appeal received from the Forest Settlement Officer shall be heard in the manner provided for the time being for the hearing of appeals in matters relating to land revenue.

The State Government, or any person who has made a claim or presented an objection under this Act, may appoint any person to appear, plead and action its or his behalf before the Collector or the Forest Settlement Officer or the appellate court, in the course of any inquiry, hearing or appeal under this Act.

(1) When the following events have occurred, namely:- (a) the period fixed under section 22 for preferring claims has elapsed, and all claims, if any, made under sections 22 and 31 have been disposed of by the Forest Officer; and (b) if any such claims have been made, the period limited by section 32 for appealing from the orders passed on such claims has elapsed, and all appeals, if any presented within such period have been disposed of by the appellate officer, the State Government shall publish a notification in the Gazette specifying definitely according to boundary marks, erected or otherwise, the limits of the area which is to be constituted a Controlled Forest, and declaring the same to be a Controlled Forest from a date fixed by the notification, and from the date so fixed such forest shall be deemed to be a Controlled Forest: Provided that, if in the case of any area in respect of which notification under section 20 has been issued, the State Government considers that the enquiries, procedure and appeals referred to in this chapter will occupy such length of time as to endanger in the meantime the conservation of the forest, the State Government may pending the completion of the said enquiries, procedure and appeals, declare such area to be a Controlled Forest, but not except as provided in sections 29 and 30 so as to prejudice or affect any existing rights. (2) Any declaration made in respect of any area by the State Government under the proviso to sub-section (1) shall cease to have effect from the date of any final order passed under section 21, directing that the proposal to constitute such area a Controlled Forest shall be dropped, or of any order passed under sub-section (1).

The Forest Officer shall, before the date fixed by such notification, cause a copy thereof to be published in every town and village in the neighbourhood of the forest.