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.
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* * * *
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.
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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
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Superintendent