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The
National Forest Policy 1988 envisages participation of local
people is necessary for conservation & development of
forests. Accordingly Ministry of Environment & Forests,
Government of India, (on 1st June 1990), has directed
all the State Governments that tribals & other communities
living in and around forests have their first rights on the
forest produce. In consonance with this principles the local
people have been involved in the management of forest through
Joint Forest Management.
2.
In accordance with the direction provided by the Government of
India, the State Government herewith passes a resolution for
people's participation in forest protection and management :
2.1
Forest Protection Committees will be constituted in the villages
situated within 5 Km. radius of
dense forest Area .
2.2
Village Forest committees will be constituted in the villages,
excluding the villages mentioned under section 2.1, situated
within 5 Km. radius of degraded forest Area.
3.
Procedure for the
Constitution of committee
3.1
Local
staff of forest department will convene meetings of villagers in
villages of the State to introduce the concept of joint forest
management and if villagers voluntarily decide to join in
protection and management of forest then on intimation, a formal
meeting will be organised in the presence of a forest officer
not below the rank of Forester with the help of local public
representatives. If 50% or more villagers, who have the voting
rights in the Gramsabha, are present and unanimously pass the
resolution for constitution of a committee then a relevant
committee as per zonation mentioned above shall be constituted.
In case both degraded and dense forest areas are present around
the village then, either Forest Protection Committee or Village
Forest Committee may be constituted, depending upon the forest
area in majority.
3.2
With
the aim of constitution of
in committees as per Panchayat (Extension to Scheduled
Areas) Act 1966 section 4 (b) those hamlets or group of hamlets
or small village or its group in which such communities are
included which manage their activities as per their traditions
and beliefs shall be treated as village whether that village
falls in or out side scheduled area (Schedule of constitution).
Divisional Forest Officer (Territorial) concerned shall register
the committee as per para-2 within one month after passing of
such resolution. Every villager having voting rights, shall be
the member of general body of these committees. These members
shall elect President and Vice President, whose tenure will be
of two years, out of the villagers in the first meeting of
committee, presided over by Sarpanch of concerned village
panchayat. It is obligatory to have at least one female member
as President/ Vice- President.
3.3
If any forest committee already exists in the village, it will
be recognised as either of the mentioned joint forest management
committees.
3.4
A confederation of Presidents of the committees shall be
constituted at Forest Division level.
4.
Executive Committee
The Executive Committee shall be constituted comprising
minimum 11 and maximum 21 members out of members of the
committee (excluding nominated members) as per following
procedure :-
-
Executive
committee members will be nominated by organising a meeting
under chairmanship of the elected President of the
committee.
-
President
/ Vice President of Forest Committee will act as ex-officio
President / Vice President of the executive committee.
-
Representation
of schedule tribe, schedule caste & other backward
classes in the executive committee will be in accordance
with ratio of their population in village.
-
At
least the executive committee will have 33% of women members
and one member must be from the women savings group, if such
group is existing in village.
-
At
least two members (one male & one female) of the
landless families, if existing and one member from the self
help group, if existing in village, must be included in the
executive committee.
-
All
Panch & Sarpanch residing in village will be ex-officio
members of the executive committee.
-
At
least one beneficiary from different beneficiary groups of
Watershed Development Committee under Rajiv Gandhi Watershed
Mission will be member of committee.
-
At
least one member from each of various user groups of village
resources will be elected as members of working committee
for remaining vacancies.
-
Forest
Guard or Forester of that forest area will be ex-officio
Secretary of the executive committee.
-
Members
of executive committee, excluding ex-officio members, will
have maximum 2 years as "tenure of service".
5.
Selection
of Area
After
constitution of the committee Divisional Forest Officer
(Territorial) shall select forest area for various committees on
the advice of executive committee. The Divisional Forest officer
can authorise an officer, not below the rank of Range Forest
officer, for this purpose. While selecting forest area for the
committee the distance of the said forest area from the village
and traditional nistar rights of villagers over that forest area
will be taken in to consideration. Technically the suitability
of the area will be considered on the basis of feasibility
report of Assistant Conservator of Forests. In case of any
dispute in selection of area, the decision of Divisional Forest
Officer (Territorial) shall be final.
6.
Micro Plan
6.1
After
constitution of the committee, the villagers will prepare a
microplan with the help of Forest Department. Area of the
village and Forest area selected under committee will be
included in this plan. Plan will have provision to include both
forest management and village resource development programme.
The works included in the micro plan will be based on expected
potential of the resource and other works will be added in
appendix of the plan on priority basis. Executive agency and
possible source of funding will be shown against works. The
committee will sent the micro plan to district level forest
officer for its approval. The micro plan will be accorded
approval after the technical and legal scrutiny.
6.2
Management
principles are laid down for forest / wild life management in
working plan / management plan. Works proposed in forest area
under committee will be in accordance with above principles. It
will be ensured that forest / wildlife acts or rules are not
violated in the micro plan.
6.3
The
financial resources for executing the works in forest as per the
micro plan will be provided by state Government besides works,
which reduces dependence of villagers on forests and are related
to better management of forest resources. The funds will be
provided, as far as possible, by Forest Department, govt. funds
at the disposal of committee, District Rural Development Agency,
other Govt. departments, Panchayats and other sources. Execution
of works will comprise, as far as possible, 25% of labour
component as "Shram Dan" by the committee members.
Amount equivalent to "Shram Dan" will be deposited in
the account of committee so that committee can utilise these
funds in village resource development programme.
6.4
Forest Department and committee will prepare the micro plan with
help of other developmental agencies. The village resource
development works included in the micro plan will get technical
and financial assistance from other development departments of
the State.
6.5
The activities / works for economic development, which are
ecologically appropriate and feasible shall be included and
prioritized in the micro plan.
6.6
The
state Govt. will constitute a Coordination Committee in each
district with President of Forest Sub committee of District
Panchayat as chairman to coordinate the village development
works to be executed through micro plan.
This
committee will organize at least one meeting in every 4 months,
in which President Janpad Panchayat and district level officers
of all the departments will be members. A District level forest
officer nominated by Conservator of
Forests will be its Member Secretary.
7.
Meetings
Secretary
will call meetings of executive committee with the permission of
President. Minimum one meeting in every three months is to be
organised. compulsorily General committee's President / Vice
President will preside over the meeting, but in their absence
any member can be selected to preside over the meeting with the
consensus of rest of the members. Minimum one general body meeting
will be held in every six months. Time and venue of meeting will
be decided after consulting the President. Proceedings of the
meeting will be recorded in the concerned register by the
Secretary. During the terminal year of executive committee's
tenure succeeding executive committee will be elected in the
existing general body meeting. This meeting has to be called one
month before the end of tenure of executive committee.
8.
Quorum
A
quorum will be complete with the presence of 50 % members for
executive committee and 30% of members for the general body
meeting.
9.
Rights & Duties of
Committee
9.1
Rights
On
the satisfaction of the District level forest officer that
committee has done satisfactory work under joint forest
management, the committee will be eligible to get the following
benefits.
1.
Families of all committees will be eligible to get annual
royalty free nistar, after deducting expenditure on harvesting,
as per availability.
2.
All the forest committees shall be eligible to get 100% of the
produce obtained from time to time, on thinning of timber coupes
and cleaning of bamboo clumps in degraded bamboo forest as per
the prescriptions of microplan / working plan, on payment of
expenditure incurred on harvesting.
3.
Forest produce equivalent to the 10% value of the amount
calculated by deducting the expenditure incurred on exploitation
(of timber / bamboo) from the total value of timber / bamboo
obtained on final felling in coupes in forest area alloted to
F.P.C. (as per prescriptions of Working plan) shall be given to
the F.P.C.. If a loss due to illicit felling in the forest area
allocated to committee is detected then concerned forest
committee will be accountable to the 50% value of the loss and
the equivalent forest produce to that amount will be deducted
from the forest produce to be distributed to that committee.
4.
Forest produce equivalent to 30% value, calculated by deducting
the expenditure incurred on harvesting (of timber / bamboo) from
the total value of timber / bamboo obtained an final felling in
plantation / rehabilitation of degraded forest / pasture
development works etc, shall be given to Village Forest
Committee. Computation of value shall be based on the approved
Malik Maqbuja rates of timber / bamboo of that year in the
concerned Forest Circle. If a loss due to illicit felling in the
forest area allocated to committee is recorded then concerned
village forest committee will be accountable to the 50% value of
the loss and equivalent forest produce of that amount will be
deducted out of forest produce to be distributed to that
committee.
5.
In case of minor forest produce, rights of committee will be in
accordance with the Panchayat (Extension to Schedule Areas). Act
1996 amended as and when by the Govt. of Chhattisgarh.
6.
If the committee helps in apprehending the offender against the
offence occurred in jurisdiction of
the committee, then 50% of fine / fees deposited by
offender in lieu of compounding the case or decision of court,
shall be deposited in the account of committee, which shall be
used for development of the
village.
7.
If
any member of committee does not cooperate in committee's work
or does not follow committee's decision or indulges in forest
offence, the committee will cancel his membership duly
restricting his Nistar Rights. But before this the committee
will provide an opportunity to the concerned member to present
his case after taking a decision in general body meeting action
against forest offence will be additionality to the above
action.
The
committee can delegate its all are specific powers to the
executive committee by taking decision in general body
meeting.
9.2
Duties
1.
Committee will elect Executive body.
2.
Committee members will protect forests from fire, illicit
grazing, illicit felling, illicit transportation, illicit
mining, encroachment & poaching. To achieve this objective
the committee will take necessary steps for forest protection
with the help of its members. The Committee will be responsible
for 50 % of the loss due to illicit felling in its jurisdiction.
3.
Committee
will give information to Forest Department about the unlawful
entry / illegal activities of person or persons who cause damage
to forest and wild life.
4.
The
committee will ensure the safety of wondering wild life who
incidentally came out of the forests and will inform the nearest
forest officer accordingly.
5.
Committee
with cooperation of Forest Department will prepare Micro plan
and annual action plan. Plan will comprise community,
beneficiary oriented, and site specific need based activities.
Priority shall be given to works, which are directly or
indirectly related to protection of forest and wild life. Forest
Range Officer, on behalf of Forest Department and President of
Working Committee, on behalf of the committee will sign on micro
plan. Annual Action Plan for each financial year will be
prepared on basis of Micro plan. In order to implement annual
action plan, 10% of amount will be released in single installment
as an advance to committee. Committee shall execute the approved
plan. If execution of works by the committee is not satisfactory
or the committee is not interested in execution of works then,
the execution of works will be done departmentally.
6.
Members
of committee, after receiving information of forest offence in
their jurisdiction or other forest area, shall immediately
inform to beat guard / game guard besides helping forest
personnel in apprehending the forest offenders. The forest
produce and offenders shall be brought before the concerning
forest officers.
7.
A
Memorandum of Understanding shall be singed by President of the
committee and District level forest officer or officer
authorised by him.
8.
Committee
will ensure "Shramdan" as part of the labour component
from committee members, as per the para 6.3 of resolution, in
execution of the
micro plan.
9.
Members
of committee will help Forest Department staff during the
enquiry of forest offence.
10.
Committee
shall maintain account of the fund received from different
sources and audit of expenditure will be done by agency
authorised by forest officer.
11.
Committee
shall maintain a register of its member's list along with other
registers and records prescribed by the forest officer.
12.
In
reference of forest protection members of the forest committee
shall be treated as public servant at par with forest personnel
under various acts during the forest patrolling in their area
and they shall get legal protection as in the case of public
servant for the works done in god faith of public and government
interest. In the same way if, member of committee gets injured
or die while preventing / informing forest offence, he will get
all benefits at par with forest personnel.
13.
If
committee assists in apprehending the forest offender against
the offence occurred in its jurisdiction, 50% of the amount
recovered as fees or fine after compounding or on the basis of
court's decision
shall be deposited in the committee's account.
10.
Powers
& Duties of Forest Officers
District
level forest officer shall have following powers & duties.
If it is not mentioned otherwise in the Resolution, he can
delegate the powers to an officer not below the rank of forest
Range officer.
10.1
Powers
1.
Allocation
of Area for committee according to para 5.1
2.
Approval of
the micro plan.
3.
Inspection of committees account & procedures for sharing of
forest produce & other benefits among committee members.
4.
If committee does not discharge their duties satisfactorily
according to para 9.2 & if there is no improvement after
being warned in writing by forest officer, then forest officer
can dissolve the committee can terminate the Memorandum of
Understanding. In that condition all benefits to committee as
cited in para 9.1 will be ceased.
10.2
Duties:
1.
To organize meeting to constitute committee in accordance with
para 3.1
2.
Registration of committee.
3.
Supervision of election of committee & executive body.
4.
To provide training technical assistance to committee members in
preparation and execution of micro plan.
5.
To provide financial resources for execution of Micro Plan as
per para 6.3 and to establish coordination between different
departments according to para 6.4.
6.
To assist committee in execution and monitoring of their duties
& to help in resolving their internal conflicts.
7.
Monitoring
& evaluation of works carried out by the committee.
8.
To
authorize an agency to inspect the annual account of committee
and to carry out the annual auditing through it.
9.
1.
To distribute forest produce & other benefits from
allotted area
to the committee in accordance with para 9.1 & sub
para 1 to 4.
10.
To
ensure the participation of the weaker sections of society
especially women in decision making & distribution of
benefits.
11.
Appeal
1.
A
Person can appeal to the forest officer in jurisdiction and of
the rank of Territorial
Forest Range Officer, against the order passed under sub para 7
of para 9.1 within one month from the date of passing of such
order.
2.
An
appeal can be made against forest officer's order of dissolution
of committee to the Union constituted under para 3.4 with in one
month of date of passing of such order.
3.
The
orders of above Appellant Authorities shall be final.
On
the Name and Seal of Governor of Chhattisgarh
(
Ram Prakash )
Special
Secretary
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