4. 1 The Telangana Forest Settlement Rules, 1969

4 · 1 The Telangana Forest Settlement Rules, 1969

2 · [2-A. The Forest Settlement Officer shall serve a copy of the proclamation made in Form 3 on every known or reputed owner or occupier of any land included in or adjoining the land proposed to be constituted as a reserve forest, or on his recognised agent or manager either in person or under Certificate of Posting].

3 · [Copies of statements filed by parties] in evidence and of the decision recorded by the Forest Settlement Officer may be granted to claimants on payment of the requisite fee, such copies shall be stamped in accordance with the provisions of the Andhra Pradesh Court–fees and Suits Valuation Act, 1956(adopted) .

1 · . Vide G.O.Ms.No.437 Food & Agri (Legn.) Dept., dt. 12.3.1969 in A.P. Gazette RS, Pt.II, dt. 29.5.1969 p. 233.

2 · . Rule 2 – A was inserted by G.O.Ms.No.52 F & RD (For.I) Dept., dt. 7.1.1978, Pub. in A.P. Gazette (EO) RS to PT.II dt. 26.01.1978.

3 · . The words 'copies of documents filed 'substituted by G.O.Ms.No.52, F & RD (For.I) Dept., dt. 7.1.1978.

5 · Claims on behalf of a family may be presented by any member of the family; on behalf of a tribe or community by any member of the tribe or community; on behalf of Joint Claimants or Pattadars by any one of the Joint Claimants or Pattadars; 1 [and on behalf of village, by the Tahsildar of the taluk or any officer duly authorized by him, or the headman or Sarpanch of the village]. Otherwise all claimants must 2 [appear in person or through a legal practitioner] before the Forest Settlement Officer.

3 · [6. The Forest Settlement Officer may, at any time, combine any number of claims, provided they are all situated in the same proposed reserved forest area, in order to hold a common inquiry, or may severe any claims joined or jointly made in order to hold separate inquiries at his discretion. It shall not be necessary to take for a second time, evidence already recorded in an enquiry relating to another claim. However, in deciding upon the claim of any person, the Forest Settlement Officer shall admit previously recorded evidence or documents, 4 [and] may also recite a previous decision in disposing of a case; the person whose claim is thus treated shall be entitled to obtain a copy of such previous evidence, documents or decisions, as if it had been recorded during the enquiry into his own claim.]

5 · [7. At the time of settlement, the Forest Settlement Officer shall verify the gairan land available in the village limits for the use of community and if it is not equal to the minimum area required for reservation for communal purposes in respect of the said village he shall provide for the same in consultation with the District Collector by deleting a portion of the proposed forest block from the periphery. He shall intimate the revenue authorities particularly, the Collector and the Tahsildar as to the purpose for which the area is so left out and inform them to enter it in the prohibitory order book so as to make them unassignable for any other purpose.]

1 · Sub. for 'and on behalf of a village by the headman of the village or Sarpanch' by G.O.Ms.No.365, F & RD (For.III), dt.20.5.1978, pub.in A.P. Gazette, RS to Pt. II, dt.22.6.1978.

2 · The Words 'appear in person' substituted by G.O.Ms.No.52, F&RD (For.I) dt.22.6.1978.

3 · Subs. For original Rule 6 by G.O.Ms.No.52, F&RD (For.I) dt.7.1.1978.

4 · Subs. For "ör" vide Memo No. 574/For-I/78-2 F & RD Dept., dt. 11.2.1980, published in A.P. Gazette No.9, dt.6.3.1980, pages 131, 132.

5 · Subs. For original Rule 7 by G.O.Ms.No.815, F & RD (For.I), dt.14.11.1975, Pub.in A.P. Gazette R.S. to Pt. II, dt.11.12.1975, page 1240.

8 · The Forest Settlement Officer shall make suitable enquires to find out the customary rights and concession enjoyed by the various scheduled tribes living in the forest adjoining the forest in respect of which reservation is proposed and protect or extinguish the same after proper examination and enquiry 1 [and after giving a reasonable opportunity of making a representation to the person affected].

9 · Claimants may employ a legal practitioner or other person to appear on their behalf. In such cases, the Forest Settlement Officer shall require the Production of the usual stamped authority.

10 · The Forest Settlement Officer shall examine the claimants and witnesses upon oath or solemn affirmation. Process fee according to the scale laid down in the Civil Rules of Practice and circular orders shall be required from claimants, but not from the Forest Officer attending the enquiry, if application is made to the Forest Settlement Officer to compel the attendance of witnesses or production of documents.

11 · The Forest Officer attending the inquiry shall have 2 [rights and responsibilities] similar to those of a defendant in a civil suit. He may cross examine the witnesses who support claims; and produce evidence to rebut claims and may comment on any documents produced. He may peruse and take copies of any documents or evidence and no Court-fess shall be required for him. If the claimant desires to prefer an appeal against any decision, the Settlement Officer shall give him a duly stamped and certified copy of such decision and shall meet the cost from the contingencies of the Forest Settlement Officer.

12 · The Divisional Forest Officer shall normally attend the inquiry, if he is unable to attend the inquiry before the Forest Settlement Officer, he may forward to the Forest Settlement Officer any statement he may wish to make in writing along with any documents he may decide to put in. The Divisional Forest Officer may, in such cases, if he so wishes, depute a subordinate to explain, if necessary, the statement submitted by him. In cases the Officer so deputed shall not be below the rank of Ranger.

1 · Added by G.O.Ms.No.52, F & RD (For.I) Dept., dt.7.1.1978.

2 · Subs. For ‘powers’ by G.O.Ms.No.52, F & RD (For.I) Dept., dt.7.1.1978.

13 · The Forest Settlement Officer shall, at all times afford the Forest Officer attending the inquiry all reasonable information regarding the posting of claims for hearing as far as is convenient to meet the wishes of the Forest Officer in adjourning inquiries to give time for him to consult the Collector or the Conservator of Forests, 1 [ the Forest Settlement Officer shall inform the date of hearing to the parties concerned also and may for sufficient reasons, grant adjournments].

14 · The views of the Collector in cases regarding land the claims to which are being investigated under Section 10, or of the Conservator of Forests, in any other question which may arise, shall be placed before the Forest Settlement Officer by a Written note. Such written note shall be read aloud and shall form part of the record and shall be explained to the claimants in their vernacular language if they do not understand English.

15 · (1) The Forest Settlement Officer shall keep a diary of this day-to-day proceedings which shall be clearly written up and shall be initialled by himself every evening as magisterial diaries are kept.

1 · Claims of land

2 · Claims to rights of the nature of easements specified in Section 10 of the Act 2 [xxx]

1 · Added by G.O.Ms.No.52 F& RD (For.I) dt.7.1.1978.

2 · For the words "by the Forest Officer" omitted by G.O.Ms.No.52, F & RD (For.I),dt.7.1.1978, pub.in A.P. Gazette (EO) RS to PT.II, dt.26.1.1978.

6 · [16. Where a claim is admitted by the Forests Settlement Officer, the concerned Conservator of Forests may indicate to the Forest Settlement Officer the Course under clause (a) of sub-section (2) of Section 10 of the Act which the Forest Department desires to be followed. The Forest Settlement Officer shall give an opportunity of being heard to the claimant whose claim has been admitted before deciding the course of action he will take in the matter.]

1 · . The words "He shall record the evidence and decide on the claim in each case in the manner laid down by the Code of Civil Procedures for adoption in appellate cases. He shall also" substituted by ibid .

2 · . The words 'which fall under Section 10 from those which fall under Section 11'were omitted by G.O.Ms.No.52, F& RD (For.I) dt. 7.1.1978, pub. in A.P. Gazette (EO) RS to Pt.II, dt. 26.1.1978.

3 · . Subs. For 'distinct' by ibid.

4 · . Subs. For 'appellate decisions 'by ibid .

5 · . Subs. For the word 'judgment' by ibid .

6 · . Subs. For original Rule 16 by ibid.

17 · If the Forest Settlement Officer, chooses to grant any land in exchange of the rights admitted under Section 10, he shall consult the Chief Conservator of Forests, if the land proposed to be granted in exchange is a 1 [protected forest or is proposed to be constituted as a reserved forest and the Collector if it is any other land.]

18 · Where the Forest Settlement Officer acts under sub -section (4) of Section 11 and commutes a right of pasture or to forest produce by grant of money or land, such commutation shall ordinarily be calculated as follows:-

19 · When the settlement is concluded and the notification under Section 15 is published, the Forest Settlement Officer shall deliver to the Forest Officer a statement of all rights finally admitted within the reserved forest specifying their nature and extent.

2 · [ xxx]

2 · [xxx]

1 · . Subs. For 'protected forest and the Collector if it is Government land' by ibid .

2 · . Omitted by G.O.Ms.No.52, F & RD (For.I) dt.7.1.1978, pub. in A.P. Gazette (EO) RS to Pt. II, dt. 26.1.1978.

1 · {(See Rule 2-A)]