Rights are those claims which are supported by documentary evidence such as Sanad, Patta or Government record. The rest will be treated as concession. Concessions are terminable as and when found necessary by the Government. While dealing with the claims made, it will be found that they will be one or other of the following kinds.
A claim to whole land itself or (more likely) one or more plots of land within the proposed forest: — In such a case, the claim likely to be put forward is to be ownership of the land itself or some part of it. If the claim should affect the whole of the proposed forest or greater part of it, it would follow that the proposal to create forest estate under the Act could not be carried out; the proceedings would then be closed, on decision going in favour of the claimant, unless indeed it is some special case in which the Forest is on public ground, so desirable, the Government will be justified in declaring public utility & proceeding to acquire the estate under the Land Acquisition Act.
11 In such a cases the Forest Settlement Officer will send his report to the Chief Conservator of Forests informing him that on the ground mentioned in his decision it is not possible to constitute a forest estate of the block.
Generally, what happens is that one (or many plots) inside the forest block are either claimed under proprietary right or tenancy right or as Charagaha earmarked for the village cattle. if the claim is allowed then either:
(1) it will be bought out by consent or acquired under the Land Acquisition Act, if the Division) Forest Officer makes a move that it would be in the interest of Forest Conservation to do so;
or
(2) will be exchanged for some other suitable piece of land for this purpose concurrence of the Commissioner of the Division will be necessary, or
(3) exclude it from the forest boundary, if this can conveniently be done, or
(4) let alone in such a case the plot or plots which would be shown by interior lines both on the map as well as on the spot.
Sometimes, small plots are cleared and cultivation established without proper authority. If the case is shown to be one of unauthorised clearing or a case of squatting with no equitable title, the claim would be disallowed. It will however, sometimes happen that a plot has been cleared or appropriated without regular authority, but still circumstances are such as to justify some leniency; here probably the unauthorised holder who has been continuously in cultivating possession for more than three years on the date of inquiry his case should be treated as if it was a claim of tenancy right provided it does not interfere with the principles of Forest Conservation, otherwise a solatum may be granted.
A claim to a right of the class which does not involve taking produce from the estate e.g., a right of way. - Cattle drive, a right to have a water course (canal cut or drain channel) across the land, a right to have access to or use of; water such as a spring for household purpose or cattle watering or for worship at a tample and to hold Mela within the forest limit.
As these are mostly, 'Necessary Rights' therefore, the record and description is all that is possible and needful.
In case of right of way, it should be specially recorded whether it is for a private person or a whole village or people at large. It will also be desirable to specify whether it is a way for passage of human beings; for driving cattle, or for taking cart along; and in such case it may be desirable to record the width of the way allowed.
In case of right to watercourse or drainage, particulars (in case of a canal or ditch) such as regards access for purpose of clearing, or deposit of the slit cleared out or the like; as well as the width of channel and its necessary margin or bank space should be recorded.
In case of right to use of water where a spring or pool in the forest is main place which neighbouring cattle can get water at, or at which household of water can be obtained; should be recorded as a right of necessity. As far as possible, if such places are near the edge of the forest, they may be excluded from proposed forest by altering its boundary unless these are the only places where wild animals come to drink water which necessitates the inclusion of such spots in the forest boundary for the purpose of saving the wild life from destruction.
Claims of right of worship and right of holding mela, are of necessity and should be recognised as such. In case of right of holding mela, the dates and the places should be specified.
12 A claim to practice of shifting cultivation. - The procedure provided under Section 10 is in detail and should be followed.
A right in the nature of easement or otherwise which involves taking some produce or part of the estate e.g., - to dig clay, lime stone, to cut truf or sods, to burn lime or charcoal, or boil catechu to cut grass, to pasture cattle, cut wood; and in fact, every class of the wellknown forest rights or easements.
There may be the following form of taking forest produce: -
1. Rights to Woods. - (i) For building and cattle shed
(ii) For industry and agricultural purposes.
(iii) For fuel. (Brush-wood, billet wood, dead-wood, Torches).
(iv) For fencing.
(i) Wood for building and cattle-shed - For this, reference has always to be made to the usual style of building in the locality and there is never any need to allow the best or costly woods for indoor or other work where an inferior timber will do as well. The quantity cannot always be prescribed but sometimes a periodical cutting of so many stumps (of certain size) can be defined. If the intervals at which wood can be demanded are to be fixed, it will be with reference to the number of years each kind of building will ordinarily last. As far as possible, the extend be determined in consultation with the right holder, and the Forest Officer of the area. The table given a Form 'P' may be useful as a rough guide.
(ii) For industrial and Agriculture purpose. - In Rajasthan, the right to wood for industrial purposes hardly exists. For agriculture purposes wood from forest is generally extracted either as a matter of right or as concession and in all such cases, it will be found that there are customary kinds and sizes of wood used for the particular purposes and can easily be prescribed to the satisfaction of all parties. The extent in term of cubic feet of wood required for agricultural purposes, can be determined on the basis of number of ploughs with the help of a rough table given in Form 'P' showing the requirement per plough-holder. A complete plough requires 1.5 to 2 eft. and so far other implements of agricultural are concerned, the list given in the Form 'P' may be taken as a rough guide. These concessions should not exceed the limit of ploughs per family as prescribed in the G.O. No. F. 34(44) Rev./53 dated
24.11.55.
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(iii) For Fuel. - Definition (beyond general instructions as to kind) is not easy, but it may be possible to specify the number of bundles or head loads to be taken per mensem.
It would be possible to ascertain some limit because the right is for firing of certain number of hearths, ovens, and cooking place belonging to the houses to be supplied. As, whoever, it cannot be sold, the Right-holder rarely cares to take money than he really wants of the dead-wood and small stuff which is his habitual consumption.
The fuel is claimed either by the people of village situated near the edges of the forest or of small villages consisting of a couple or more hamlets deep in the forest. The former type has considerable area of land outside forest limits and can meet part of their fuel requirement from the areas not included in the forests.
In such cases on average of about 8 head loads weighing 20 to 30 srs.each per month per house should suffice. On a broad scale half a seer per head per day.
of fuel may be admitted. While villages which are located deep in the forest extract roughly double the said quantity should be allowed because the fuel is easily available in abundance and also because they have no lands other than forest from where to get fuel wood.
No green wood is to be cut fuel for but only dry wood in headloads may be allowed to be taken away free for bonafide domestic consumption. In rare cases such as here certain hill tribes, e.g., Bhils and Minas etc., who have no other means of livelihood except the sale of firewood in headloads in the neighbouring localities it would be necessary to fix a limit to the number of headloads that may be removed per mensem, which may be fixed at 15 to 20 head-weighing 20 seers each per individual for all the year round except the rainy season.
(iv) Fencing. - Thorny bushes and twings, such as of 'Dhokra' and Dansren' are taken for fencing cattle sheds by cultivators.
Roughly 5 head loads a year may be allowed for cattle shed of an average size holding 10 cattle heads. It is not easy to determine the requirements for fencing cultivation. At a rough calculation 1 cart load per bigha of holding may be permitted every alternate year.
2. Rights of Pasture or Grazing. - This right may be of two kinds. — (1) Right of the adjoining villages of local right holder and (2) those of migratory herds. The latter type of right is seldom existent in Rajasthan. Grazing facilities are allowed mainly for bulls, oxen, cows and buffaloes. There is no direct prohibition of the grazing of goats, sheeps and camels, but since these are destructive to the forests, their numbers be restricted as far as possible. Mules, horses, donkey are not common and they may be treated on the same footing as cows and buffaloes.
The maximum number and kind of cattle admitted to graze must always be specific and estimated at the rate of 2 acres per cow and four acres per buffalo. In desert areas or where the stocking of forest is very poor, the unit will be 15 acres per cow. The latest cattle Census figures may be taken as the basis of determining the maximum number. The reason open to grazing may also be specified.
While admitting the cattle for grazing, the Forest Settlement Officer will be kept in view the scale and note his opinion whether the forest can stand the burden and give his suggestion.
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3. Right of Grass Cutting - This right is not recognized for the purpose of stocking above the actual domestic requirements. As the grass is cut and brought from the forest in head-loads only for milch cows and buffaloes or calves or oxen, the number of heads-loads may be determined at the rate of one head-load for two cows or for one buffalo or for a pair of oxen or for four young calves per day. The season may also be specified during which head-loads of grass may be cut. For estimating the quantity, 100 head loads per year per family may be taken as a rough guide. The period from March to July should be specifically mentioned as closed to grass cutting.
4. Right of Litter and of Lopping - The definition will consist in describing the nature of right. As to lopping, if for fodder, the kind of tree and the places where it can be exercised should be defined. This should be permitted only if it has been a long standing practice, Looping is generally for (1) milch buffalo e.g. cheela leaves or Dhokra (2) young ones of goats and sheep who cannot go out for grazing. As to the former one head-load of cheela or Dhokra leaves for one milch buffalo and for the latter one head-load for Dhokra for a herd of fifty heads may form the basis for determining the quantity per day.
At places where cheela leaves are collected for thatching the number of headloads may be ascertained by examining the need of the right-holder. Roughly five head-loads per year should suffice for thatching a shed for 10 cattle-heads.
5. Right to Collect Minor Produce - Right to collect minor forest produce consists of collection of gums and resin, wax and honey, hides and horns, wood oil medicinal herbs, flowers and leaves, fruits and seeds, bark, fibre, clay, sand, gravel, limestone pabbles and concrete etc.
The produce will be removed on head-loads only to the extent permitted for their personal bonafide requirements and for petty sale.
Right of Hunting and Fishing Such rights do not exist, except for the Rulers of the Former States. These rights arc governed by the terms of the privileges recognised separately in each by the Government.