G. O. MS. No. 218. : 28th - AUGUST - 1992

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

FORESTS ? Forest Lands ? Joint Forest Management ? Constitution of ?VANA SAMRAKSHNA SAMITHI?  for Protection and Development of Degraded Forests  - Approved ? Orders ? Issued.

 

ENERGY FORESTS ENVIRONMENT SCIENCE  & TECHNOLOGY (FOR .VI-1) DEPARTMENT

 

G.O.Ms.No.218.                                                                 

Dated:28th August,1992

Read the Following:-

1.G.O.Ms.No.357, Forests and Rural Development (For. I) Department,

                        dated.13-12-1983.      

2.G.O.Ms.No.445,Forests,Animal Husbandry and Fisheries (For.VI)    

Department,dated.21-10-1986.

3.G.O.Ms.No.197, Forests, Animal Husbandry and Fisheries (For.VI)

Department, dated.21-5-1987.

4.From the Government of India, Ministry of Environment and Forests,

Department of Environment, Forests and Wild Life, New Delhi, Letter 

No.6-21/89-FP, dated.1-6-1990.

5.From the Secretary to Government of India,(Environment and Forests)

Lr.No.6-21/89-FP dated.17-7-1990.

6.From the Principal Chief Conservator of Forests, Letter No.70742/89-

SF.II/2,dated.19-2-1991.

7.From the Chief Conservator of Forests (Social Forestry),

D.O.Lr.No.19898/91-SF.I/2, dated . 18-5-1991.

 

* * * * *

O R D E R :

 

            In the G.O. First read above, the State Government have issued orders in the year 1983 for implementation of a Scheme for leasing out of the Degraded Forest Lands on ?Tree Patta? basis to the Weaker Sections of the Society for Raising Fuelwood Plantations with a view to improve the performance under Social Forestry Programme and also to help the weaker sections of the Society through Afforestation Programme in the State.  The above scheme could not however, be implemented due to various constraints and also considering that it attraots the provisions pf the Forest Conservation Act, 1980.  The scheme has, however been examined in the light of the Forest Conservation Act, 1980 and was modified as ?Reforestation of Degraded Forests with Family Assistance Method? and approved the same in the G.O. Second read above.  The above scheme meant for granting Tree Pattas for raising Block Plantations to the Weaker Sections of the Society was to be implemented in all the Districts of Andhra Pradesh.  There was still a doubt whether this scheme of Family Assistance Method (Tree Patta Scheme) will also fall within the scope of Forest Conservation Act, 1980, the Government of India have been requested to clarify as to whether the scheme in question will attract the provisions of the Forest Conservation Act, 1980.

 

2.The Government of India in their D.O.Letter 5th read above, have informed that the Scheme for ?Reforestation of Degraded Forests with Family Assistance Method? (Tree Patta Scheme) needs to be abandoned especially on Forest land and have suggested that instead of the existing Tree Patta Scheme, a suitable scheme may be evolved for seaking community participation in protection and Development of Degraded Forests on the guidelines suggested in their letter fourth read above.

 

3.After the tempo of Social Forestry Programmes had reached cognitive level of participation from local people, the focus has shifted to promoting conservation of natural forests and their regeneration of , where degraded.  It has been widely held that neither regeneration of degraded forests nor prevention of their degradation could be achieved without participatory involvement of local people who depend on the forests for usufrut and the cattle grazing.  The National Forest Policy, 1988 envisages people?s participation in protection and development of forests and that the forest communities should be motivated to identify themselves with development and protection of forests from which they derive benefits.  Broadly the concept is called Joint Forest Management(/J.F.M). Having regard to Forest Policy 1988, the Government of India have issued guidelines in the reference fourth road above for regeneration and protection of Degraded Forests with the help of People?s participation.  The Governments of West Bengal, Bihar, Gujarat and other few States have already taken up such Schemes for Regeneration of Forests with people?s participation.

 

4.Considering importance and the problems of degradation of forests in the vicinity of human habitation and the need to regenerate the same,  this Government hereby order that the Joint Forest Management Programmes be introduced and implemented in all the Districts of Andhra Pradesh State ensuring:-

 

(a)    Local People?s interest before starting the programme at given location:

 

(b)   To lay emphasis on places where good leadership is available or NGOs active  enough, to provide interface between the Government and the people:

(c)    To associate an officer not below the rank of a Range Officer to ground and monitor the programme:

 

(d)   To provide for local people?s requirement and wishes in the planning process;

 

(e)To provide for constant and frequent review to identify good points and short comings and to amend the rules and regulations to steer the course of events towards a positive direction;

 

5.Accordingly,Government hereby direct that the Local Village Community be constituted into a ?VANA SAMRAKSHANA SAMITHI? (Samithi for short) to plan and carry out the forest programmes jointly with the Forest Department as per the rules annexed to this order and the guidelines issued thereon by the Government of India in the reference 4th road above, adopting the conditions obtaining in the State.  The Government also direct that the on-going programme of ?Reforestation of Degraded Forests with Family Assistance Method? be continued, however constituting the members involved in the Scheme into suitable Vana Samrakshana Samithis and also streamlining their activities in line with the present regulations.

 

6.The Principal Chief Conservator of Forests shall be authorized to introduce and implement the Joint Forest Management Programme all over the State, using his discretion and judgment on location-specific situations and keeping in view the precautions and safe guards as require in implementing such Joint Forest Management Activities.

 

7.The salient features and the rules applicable under the Scheme are detailed in the Annexure to this order.

 

8.This Order issues with the concurrence of Finance and Planning (Fin.Wing.Exp.EFEs&T) Department vide their U.O.No.545/FSP/92,dated.15-6-1992.

 

(BY ORDER AND IN THE NAME OF THE GOVERNER OF ANDHRA PRADESH)

 

M.V.NATARAJAN,

                                                                PRINCIPAL SECRETARY TO GOVERNMENT

 

To

The Principal Chief Conservator of Forests, A.P., Hyderabad.

-//true copy//-

 

                                                                                                SUPERINTENDENT

 

A N N E X U R E

CONSTITUTION OF VANA SAMRAKSHNA SAMITHI:

1.The Section Officer          of the Range Officer will convene a general meeting of Village/Cluster of Villages in which all adults of the  Villages can participate.  The quorum of the Meeting will be treated as Complete, if 50% of the house-holds of these Villages/Clustar of Vi-llages are represented in the Meeting.

 

2.After explaining the concept of Joint Forest Management and evaluating the responsiveness of the Villagers the Section Officer will constitute a VANA SAMRAKSHNA SAMITHI within the frame-work of the following rules and regulations.  Where possible any Voluntary Agency on its own motion or at the suggestion of the Forest Officer or other wise may perform the same role.  The Villagers themselves on their own initiative may also constitute the Samithi.

 

3.Every household living in the Village/Cluster of Villages, particularly those depending on forests for their daily needs, would have the option of becoming a member of the SAMITHI; Any two adult members could represent the household, One of them being a Women.

 

4.The concerned Forester shall be the Ex-officio Secretary to the Samithi.

 

CONSTITUTION OF A MANAGING COMMITTEE:

 

5.(i)         Every Samithi shall have a Managing Committee to carry out an approved

                        Joint Forest Management Programme within the scope of these rules.The Committee would have one year term.

(ii) The Composition of the Managing Committee shall be as follows:-

 

a)President of the Gram Panchayath Member

 

b)Six to ten elected representatives from

 the SAMITHI Member

 

c)Concerned Forester Member Secretary

 

d)Concerned Forest Guard Member.

 

(iii) The Committee will elect its won chairperson.  The term of the

            Chairperson will be conterminus with that of the Committee.

 

(iv) Elected Representatives shall not be less than six.  The number will be increased by one for every fifty households or fraction over and above the base of 150 house holds, the maximum being restricted to ten.   At least  three members shall be women.  The number is fixed based on the strength of membership of the SAMITHI at the time of constituting the Managing  Committee.

 

(v) In recognized Integrated Tribal Development Agency (ITDA) areas out of the elected representatives atleast the members shall be tribals, and the ITDA may be associated in establishing Joint Forest Management. Where tribal members constitute  the majority in a Samithi, the elected tribal representatives will be in proportion to the tribal members.  Each Tribal habitation may be considered as a Unit for constituting Joint Forest Management Councils or SAMITHIS and the Tribal?s Traditional practices may be kept in view in delimiting the forest areas to be managed.

 

(vi) The Forester and the Forest Guard shall not have voting rights.

 

(vii             Half the number of Committee shall constitute the quorum.

 

APPROVAL BY THE DIVISIONAL FOREST OFFICER:

 

6.Upon receipt of the proposal from the Secretary of the SAMITHI, the Divisional Forest Officer may accord recognition in consultation, if necessary, with District Social Forestry Committee and ITDA?s in Tribal Areas.  Only such recognized Institutions are entitled to operate under these rules.

 

7.DUTIES AND RESPONSIBILITIES OF THE SAMITHI:

 

(i) A general body meeting of the SAMITHI shall be held once in every six months to review the activities of Joint Forest Management Plan (described later) and functioning of the Managing Committee.  The Member-Secretary of the Managing committee will convene the Meeting.  The Member-Secretary, Range Officer and the concerned Forest Guard would have the right to participate but no right to vote.

(ii) The member of SAMITHI, individually and collectively will

a)     Ensure protection against grazing, fires and thefts of forest produce in accordance with a plan to be developed by the SAMITHI; and carry out development of forests in accordance with the Joint Forest Management Plan.

b) Make other villagers aware of the importance of forests;

c)     Assist the Forest Officers in carrying out forestry development works in accordance with the approved Joint Forest Management Plan.

 

DUTIES AND RESPONSIBILITIES OF THE MANAGING COMMITTEE:

 

8.(i)The Committee will be constituted at the commencement and at the end of

                        every term with the Range Officer concerned acting as a Returning Officer

                       (or Forester if so, authorized by him) for filling in the quota of elected

                        members

(iii) The Managing Committee will meet every month.

(iv) The Member-Secretary shall be responsible for convening the meetings and maintaining the record of proceedings.  He shall send one copy of the proceedings to the Range Officer to keep him informed and obtain necessary guidance.

(v) The Conservator of Forests/Divisional Forest Officer or the Range Officer may give directions from time to time for smooth and proper binding on the Committee.  Such directions are given in case the trend of the SAMITHI activities reveal non-observance of forest laws or sound principles of forest conservation.

(vi) Other duties and responsibilities remain same as for the SAMITHI mentioned earlier.

 

RANGE OFFICER AN EX-OFFICER MEMBER OF THE SAMITHI AND MANAGING COMMITTEE.

 

9.The Range Officer concerned will have the freedom at attend the Managing Committee or SAMITHI meetings, to participate in discussions and tender advice.  He would have no voting right.

 

10.If any member of the SAMITHI  is found indulging in acts against forest laws or sound principles of forest conservation, or village interests, such member can be debarred from the SAMITHI by the Range Officer on the recommendations of the Managing Committee.  An appeal lies to the Divisional Forest Officer.

 

11.JOINT FOREST MANAGEMENT PLAN:

 

(i) Forest area close to the vicinity of the Village (or a cluster of Villages as the cass may be) as identified by the Managing Committee with the assistance of the Section Officer and Beat Guards  will be approved by the Range Officer concerned.  He may revise the same if necessary in accordance with the general instructions from his superiors on the subject.  This area will be earmarked for Joint Forest Management by SAMITHI.

(ii) A working Scheme (therein after called Joint Forest Management Plan) for the area will be prepared by the Range Officer concerned in consultation with the Managing Committee after carrying out a micro-planning exercise; the exercise would focus on demand for traditional forest products from that area, supplies available and identify the measures necessary to increase the productivity through natural or arterial regeneration of the forests.  The Divisional forest Officer will have the power to revise plan in consultation with the managing committee and approve the same.  The Joint Forest Management Plan should be prepared for a (10) year cycle.

(iii)              The overall implementation of the Joint Forest Management Plan and its supervision will be the responsibility of the Samithi    the active guidance of the Range Officer.

(iv) The planting programme, if any, may include low value fruit species such as Usiri, Chinta, Ippa,  Neredu to enrich the crop composition but shall not include any horticultural varieties of species Eg.Mango, Sapota,Guava etc.

(v) Soil and Water Conservation measures shall form an integral part of the Joint Forest Management Plan.

(vi) The Joint Forest Management Plan shall also identify the measures which involve labour input and work out a schedule of unpaid labour contribution(Sramadan) from the SAMITHI.

(vii) It shall be the responsibility of the Managing Committee to schedule an action plan assigning duties and responsibilities to ensure protection of the forests under its charge from biotic interference and also to implement the measures involving unpaid or paid labour inputs.  The members of the SAMITHI shall have the first preference for wage employment.

 

12.CHOICE OF SAMITHI FORESTS:  The programme will be introduced initially in Degraded Natural Forests where simple protection combined with average silvicultural measures may help copious production of usufruct like grass, leaf fodder, fencing material etc.

 

13.FUNDING THE J.F.M.PLAN:  The Government will bear the expenditure to be incurred for implementing the Joint Forest Management Plans through the Forest Department or other Agencies.

 

USUFRUCTORY RIGHTS:

14.The SAMITHI  will have the usufructory rights provided it discharges its duties and responsibilities under these rules.  It shall be within the competence of the  SAMITHI acting through its Managing Committee to assign the shares of the usufruct equitably among its members.  Lesser share or no share being granted to any member shall be in order if he has not discharged the duties and responsibilities assigned to him.  For the purpose of usufructory rights  each household is treated as one member.

 

15.Usufruct will be of two kinds viz., reserved items and non-reserved items.  Non-reserved items are available to the SAMITHI free of cost and include (i) leaf and grass fodder (ii) Thatch grass (iii) Broom grass (iv) Thorny fencing material obtained from specified species.  (v) Fallen lops and tops and twings used  as fuelwood.  If season oriented or size based restrictions are imposed by Joint Forest Management Plan they should be respected.

 

16.Reserved items cannot be appropriated by the SAMITHI as the right to the same would have been vested in third parties.  Illustratively these include Minor Forest Produce items on lease to Girijan Cooperative Corporation (GCC) and Beedi Leave sold in annual auctions.  In such cases, the right to collection would exclusively vest in the SAMITHI members subject to the same being delivered to the Girijan cooperative Corporation or similar designated right holders, against payment of prescribed wages for collection/delivery.  Such reserved items will be mentioned in the Joint Forest Management  PLAN.

 

17.Other reserved items include timber and poles.  Right to the same can be earned by SAMITHI after fulfilling the responsibilities under these rules, after the third year of SAMITHI  coming into existence.  Joint Forest Management Plan would identify these products and would set apart 50% of the products harvestable for self consumption among SAMITHI members and 50% will go the department.  However, any sale of sus   produce not required the Samithi members for their own use, shall be done through Forest Department.  The harvesting and distribution           will be  in the micro plan.

 

18.The members of SAMITHI shall alone be allowed access to collect from the Forests his/her share of usufruct.

 

19.All doubts issues in respect of usufruct rights between individual members shall be resolved by the Managing Committee.

20.It shall be within the competence of the Conservator of Forests to relax the procedures.

 

MISCELLANEOUS:

 

21.voluntary agencies are available and have experience       forestry programmes they may be associated to play      of a facilitator and interface between the Forest Department and the Community.  They could articulate the views of the Community, which is yet to organize itself effectively to function as an institution.  The agency would not however be entitle to any remuneration.  The agency would benefits under the Joint Forest Management Programme.

 

22.Number of villages included for constituting a SAMITHI shall not exceed the size of a Panchayat or 350 households.  Traditional amity or otherwise among the different villagers should be one of the factors to be examined before including them together in one SAMITHI.

 

23.The Forest to be  assigned to the care of the SAMITHI should normally be the fringe area not  deeper than 500 Meters from the boundary.  The extent to be set a part should depend on the practical considerations of SAMITHI?s ability to provide care and protection and the extent of usufruct available to satisfy the expectations of the SAMITHI.  Rightburdened  areas under forest settlement should be excluded from the purview of the Joint Forest Management.

 

24.Villages falling within the watersheds as identified (by Drought Prone Area Programme (DPAP) may be given preference in introducing Joint Forest Management Programmes so as to be able to integrate with a holistic activity and also gain access to DPAP funds for Joint Forest Management Plans.

 

25.Forest Department and their Officers shall be the Nodal Agency for implementing the JFM activities.

 

26.The Divisional Forest Officer for sufficient reasons may supercede a SAMITHI only after consulting the District Social Forestry Committee, he may refer to the Conservator of Forest for his decision, which shall be final.

 

27.The Join-t Forest Management Programmes will be reviewed after a period of (10) years but the Government reserves the right to do so ever earlier if the circumstances so warrant.

 

28.EFFECT OF PREVIOUS SCHEME:  The rights and privileges assigned generally under the earlier scheme approved in G.O.Ms.No.445, Forests,Animal Husbandry and Fisheries (For.VI) Department, dated.21-10-1986 read with G.O.Ms.No.197, Forests, Animal Husbandry and  Fisheries (For.VI) Department dated.21-5-1987 shall be applicable to all the beneficiaries selected earlier.  They shall be however, constituted into VANA SAMRAKSHANA SAMITHI with the assistance of the Forest Department to streamline their activities in line with the present scheme.

 

 

M.V.NATARAJAN

PRINCIPAL SECRETARY TO GOVERNMENT

 

 

-//true copy//-

 

 

Superintendent 

Top | Main_Menu | Home