Section 14
Section 14
―(1) Upon receipt of the report furnished under section 13, the Director shall make a decision as to⎯
(a)
the right or privilege that is to be admitted and subjected to section 21; or
(b)
the right or privilege that is to be extinguished.
(2)
Where any right or privilege is to be extinguished under subsection (1)(b), the Director shall forthwith proceed to assess the compensation payable to the claimant in accordance with section 15.
Assessment of compensation 15.
In assessing compensation payable under this Part for the extinguishment of any right or privilege under section 14, the Director shall take into account the following⎯
(a)
the nature and extent of the right or privilege claimed;
(b)
whether such right or privilege is still exercised or enjoyed by the claimant at the date of the notification published under section 8;
(c)
the degree of actual dependency, if any, of the claimant on such right or privilege as a means of his livelihood;
(d)
if the right or privilege relates to the planting of any crop, whether an alternative site or area has been provided by the
Government for the person or the community to which he belongs, for farming; and
(e)
any other relevant factors or circumstances pertaining to the enjoyment or exercise of such right or privilege.
19
Decision on compensation 16.
The decision of the Director on the amount of the compensation payable to any claimant under this Part shall be served on the claimant at the address provided by him at the time of submission of his claim or if his claim is submitted by his Headman on his behalf, the decision shall be served on the claimant by handing a copy thereof to the Headman.
Appeal 17.―(1) Any person aggrieved by the decision of the Director may, within thirty days from the date of service of the decision on him, appeal to a Sessions Court.
(2)
An appeal to a Sessions Court shall be by way of an application as provided in the Rules of Court 2012 [P.U. (A)
205/2012].
(3)
Subject to the Rules of Court 2012 [P.U. (A) 205/2012], a
Judge of the Sessions Court may give such direction as he deems fit or necessary for the disposal or hearing of any appeal before him under this section.
Proclamation 18.―(1)
At any time after the Director has made a decision on the compensation for extinguishment of any right or privilege under section 15, the Minister may publish in the Gazette, a
Proclamation to constitute the area specified in the notification referred to in section 8, a forest reserve or protected forest.
(2)
Such Proclamation shall―
(a)
provide a name for the forest reserve or protected forest;
(b)
specify the limit of the forest reserve or protected forest;
(c)
declare the date on which the Proclamation shall take effect;
(d)
declare that all rights or privileges in the forest reserve or protected forest have been extinguished unless admitted under section 14; and
20 CAP.
(e)
stipulate the special conditions, if any, governing the reservation or protection thereof.
Proposal may be withdrawn 19.―(1) The Minister may, at any time before the publication of the Proclamation under section 18, withdraw a proposal to constitute any State land as a forest reserve or protected forest.
(2)
Upon such withdrawal, the Minister shall publish a notification accordingly, in the same manner as provided in section 8.
Effect of Proclamation 20.―(1) From the date fixed in the Proclamation, the area stipulated therein shall be a forest reserve or protected forest and shall, together with all the forest produce therein and all things found thereon, belong absolutely to the Government.
(2)
A forest reserve or protected forest constituted under this
Part shall be managed, administered and controlled by the Director, subject to such direction as may be given to him from time to time, by the Minister.
(3)
From the date of the constitution of a forest reserve or protected forest, no person whose rights or privileges have been extinguished in accordance with this Part, shall exercise and enjoy such rights or privileges, and shall not, without the written approval of the Director or forest officer authorized by him, enter upon, remain in or occupy any part of the forest reserve or protected forest.
(b)
Any person who fails to comply with paragraph (a), may, without notice, be removed or evicted therefrom by a forest officer authorized by the Director, or by a police officer not below the rank of Inspector.
Exercise of subsisting rights, etc.