Amendment status not verified — confirm the current text below against the official source.
Substituted vide Nagaland Act 9 of 1969. for jhum cultivation by persons in the habit of practicing such cultivation on such land. Inquiry by Forest Settlement Officer. – 7. (1) The Forest Settlement Officer shall take down in writing all statements made under section 5, and shall inquire into all claims made under that section, and the existence of any right or practice mentioned in section 4 in respect of which no claim is made. (2) The Forest Settlement Officer shall at the same time consider and record any objection which the Forest Officer, if any, appointed under section 4 to assist him, may make any such claim or with respect to the existence of any such right or practice. Powers of Forest Settlement Officer. – 8. For the purposes of such inquiry the Forest Settlement Officer may exercise – (a) power to enter, by himself or any officer authorized by him for the purpose, upon any land, and to survey, demarcate, and make a map of the same; and (b) the powers of a Civil Court in the trial of suits. Treatment of claims relating to practice of jhum cultivation.- 9. (1) In the case of a claim relating to the practice of jhum cultivation the Forest Settlement Officer shall record a statement setting forth the particular of the claim and of any local rule or order under which the practice is allowed or regulated, and submit the statement to the State Government, together with his opinion as to whether the practice should be permitted or prohibited wholly or in part. (2) On receipt of the statement and opinion the State Government may make an order permitting or prohibiting the practice wholly or in part. (3) If such practice is permitted wholly or in part the Forest Settlement Officer may arrange for its exercise – (a) by altering the limits of the land under settlement so as to exclude land of sufficient extent of a suitable kind, and in a locality, reasonably convenient for the purpose of the claimants, or (b) by causing certain portions of the land under settlement to be separately demarcated, and giving permission to the claimants to practice jhum cultivation therein under such conditions as he may prescribe. All arrangements made under this sub-section shall be subject to the previous sanction of the State Government. (4) The practice of jhum cultivation shall in all cases be deemed to be a privilege subject to control, restriction, and abolition by the State Government, and not to be a right. Power to acquire land over which right is claimed.- 10. (1) In the case of a claim to a right in or over any land other than the following rights, namely: - (a) a right to a watercourse or to use of water, (b) a right of pasture or to forest produce, the Forest Settlement Officer shall pass an order specifying the particulars of such claim and admitting or rejecting the same wholly or in part. (2) If such claim is admitted wholly or in part, the Forest Settlement Officer may: - (a) come to an agreement with the claimant for the surrender of the right, or (b) exclude the land from the limits of the proposed forest, or (c) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894 (1 of 1894) or the Nagaland Land (Requisition and Acquisition) Act, 1965 (3 of 1965). (3) For the purpose of so acquiring such land – (i) the Forest Settlement Officer shall be deemed to be a Collector proceeding under the Land Acquisition Act, 1894 (1 of 1894) and Nagaland Land (Acquisition and Requisition) Act, of 1965 (3 of 1965). (ii) the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 7 of the Nagaland Land (Acquisition and Requisition) Act, 1965 (3 of 1965), (i) the provisions of the proceeding sections of that Act shall be deemed to have been complied with, and (ii) the Collector, with the consent of the claimant may award compensation in land, or money, or partly in land and partly in money. Order on claims to right-of-way, watercourse or pasture, or forest produce.- 11. (1) In the case of a claim to a right of a kind specified in clause (a), (b) or clause (c) of section 10, sub-section (1), the Forest Settlement Officer shall pass an order specifying the particulars of such claim and admitting or rejecting the same wholly or in part. (2) When a claim to any such right is admitted, if the right is for the beneficial enjoyment of any land or building, the Forest Settlement Officer shall record the designation, position, and area of such land or the designation and position of such building. (3) Where the right is a right to forest produce, the Forest Settlement Officer shall record whether the forest produce obtained by the exercise of such right may be leased, sold, or bartered, and such other particulars as may be necessary in order to define the existence, nature, and extent of the right. Provision for right of pasture or to forest produce admitted.- 12. (1) When the Forest Settlement Officer has admitted wholly or in part and recorded under the last foregoing section a claim to a right of pasture or to forest produce, he shall be as far possible provide for the exercise of such right: (a) by altering the limits of the proposed reserved forest so as to exclude land of sufficient extent of a suitable kind, and in a locality reasonably convenient for the purpose of the claimant, or (b) by recording an order continuing to the claimant a right of pasture or to forest produce, as the case may be, subject to such rules as may be prescribed by the State Government. (2) An order passed under clause (b) of sub-section (1) shall record, as far as practicable, (i) where the right of pasture, the number and description of the cattle which the claimant is from time to time entitled to graze and the local limits within which, and the seasons during which such pasture is permitted, and (ii) where the right is the right to forest produce, the quantity of such produce, which the claimant is authorized to take or receive and the local limits within which, the season during which and the mode in which, the taking or receiving of such produce is permitted, and (iii) whether the right is a right to forest produce such other particulars as may be required in order to define the extent of the right which is continued, the mode in which it may be exercised, and the extent to which the benefit thereof may be leased, sold, or bartered. Commutations of such right.- 13. Whenever any right of pasture or to forest produce admitted under section 11 is not provided for in one of the ways prescribed in section 12, the Forest Settlement Officer shall, subject to such rules as the State Government may prescribe in this behalf commute such right by paying a sum of money in lieu thereof or, with the consent of the claimant, * * * *1 by the grant of land or in such other manner as such officer thinks fit. Appeal from order passed under foregoing sections.- 14. Any person who has made a claim under the Chapter or any Forest Officer or other person generally or specially empowered by the State Government in this behalf may, within three months from the date of any order passed on such claim by the Forest Settlement Officer under sections 10, 11, 12 and 13 present an appeal from such order to such officer of the Revenue Department, of rank not lower than that of a Deputy Commissioner, as the State Government may, by notification in the Official Gazette, appoint by name, or as holding an office, to hear appeals from such orders. Appeal under the last foregoing section.- 15. (1) Every appeal under the last foregoing section shall be made by petition in writing and may be delivered to the Forest Settlement Office, who shall forward it without delay to the officer competent to hear the same. (2) Every such appeal shall be heard in the manner prescribed for the time being for the hearing of appeals in matters relating to revenue and, except as hereinafter provided, the order passed on appeal shall be final. Notification declaring forest reserve.- 16. (1) When the following events have occurred, namely: - (a) the period fixed under section 5 for preferring claims has elapsed, and all claims, if any, made within such period have been disposed of by the Forest Settlement Officer, and (b) if such claims have been made, the period fixed by section 14 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, and