G. O. MS. No. 173. : 7th - DECEMBER - 1996

Government Order on Joint Forest Management ( Improvement of Degraded forests)

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FORESTS - Joint Forest Management - Improvement of Degraded F21orests - Comprehensive Orders - Issued.

 
ENVIRONMENT FOREST SCIENCE & TECHNOLOGY (FOR.II) DEPARTMENT

G.O.MS.NO.173

Dated: 07.12.1996
Read the following:-


1. G.O.Ms.No.218, E.F.E.S&T (For.VI) Dept., dt. 28.08.90.
2. G.O.Ms.No.224, E.F.E.S&T (For.II) Dept., dt. 11.11.93.
3. Govt.Memo.No.315/For.II/95-8, EFS&T Dept., Dt. 09.02.96.
4. Govt.of India guidelines issued in Lr.No.6021/89-FP, dt. 01.06.1990.
5. Govt.of

India D.O.No.6-21/89-FP(pt), dt. 06.06.96.

-oOo-
O R D E R :


1.    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 the development and protection of forests from which they derive benefits. Broadly the concept is called Joint Forest Management (JFM). Having regard to Forest Policy, 1988, the Government of India have issued guidelines in the reference fourth read above for regeneration and protection of degraded forests with people's participation.
2.    Following the guidelines of the Government of India and in compliance with the provisions of National Forest Policy, 1988, the Government of Andhra Pradesh has issued orders in the reference 1st cited for improvement of degraded forests through the participation of local people by introduction of the Joint Forest Management programme.
3.    From time to time, however, certain provisions of the Government Order issued in the reference first cited have been modified in the Orders 2nd and 3rd cited in favour of the local people or the members of the Vana Samrakshana Samithi especially with respect to sharing of benefits from the forests under their protection.
4.    Since the issue of the order 3rd cited, it has become desirable to incorporate a few more changes in order to give more incentives to the members of the VSS with respect to sharing of benefits from the reserved items like Beedi Leaf.
5.    Government of India

have also observed while reviewing the JFM Programme in Andhra Pradesh that in the name of Joint Forest Management Programme, horticulture should not be practiced in the forest areas but bio-diversity should be maintained.
6.    After careful consideration of all the factors mentioned above and in supercession of the orders 1st to 3rd cited above, the Government hereby issue the following comprehensive order on Joint Forest Management Programme:-
7.    Considering the importance and the problems of degradation of forests in the vicinity of human habitation and the need to regenerate the same, the Government hereby order that the Joint Forest Management Programme under implementation in all the districts of Andhra Pradesh State should ensure:-
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 shortcomings and to amend the rules and regulations to steer the course of events towards a positive direction.

8.    Accordingly Government hereby direct that the local village community be constituted into a "VANA SAMRAKSHANA SAMITHI" (Samithi for short) and the Samithies already constituted 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.
9.    The salient features and the rules applicable under the scheme are detailed in the Annexure I and II to this order.
10.    This order is issued with the concurrence of Finance & Planning (Fin.Wing Exp.EFS&T) Department vide their U.O.Note No. 44162A /317/ EBS.II/ 96, dated : 21.11.1996.

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


DR. C.S. RANGACHARI,
PRINCIPAL SECRETARY TO GOVERNMENT.

ANNEXURE - I

A. CONSTITUTION OF VANA SAMRAKSHANA SAMITHI:

    1. A General Body Meeting will be convened out of the hamlets / village / clusters of villages in which all the adults of hamlets/village/clusters of villages can participate. On behalf of Forest Department, Divisional Forest Officer or any officer authorised by him not below the rank of Range Officer will convene the General Body Meeting. The quorum of the meeting will be the adult members from 50% of the households of these hamlets / villages / clusters of villages.

    2. The concept of Joint Forest Management (JFM) will be explained by the Divisional Forest Officer or any Officer authorised by him as stated above. The concerned officer should hold a series of participatory meetings with the community as well as separate meetings with women's groups and with other disadvantaged sections of the community. Through such meetings the views and priorities of the villages should be ascertained and a Vana Samrakshana Samithi (VSS) should be formed within the framework of the subsequent rules and a JFM plan agreed upon between the VSS and the concerned Forest Officer.

3. Every household living in the hamlets / villages / cluster of villages, particularly those depending on forest for the daily needs, would have the option of becoming a Member of Samithi. However, all SC / ST Members of the hamlets / villages / cluster of villages would become members of Samithi automatically. Any two adult members could represent the household and out of them one will be a woman.

B. CONSTITUTION OF MANAGING COMMITTEE:
1. After constitution of VSS as explained above, a Managing Committee shall be constituted to carry out the approved Joint Forest Management Plan. The term of the managing Committee shall be two years.

2. The composition of Managing Committee shall be as follows :-
a) 10 to 15 elected representatives from VSS of which atleast 30% shall be women ... Member
b) Concerned Forest Guard ... Member
c) An officer nominated by PO ITDA of the concerned area ... Member
d) The local NGO involved actively in the formation of the VSS shall be a member of the Managing Committee ... Member
e) Village Administrative Officer/Village Development Officer/Village Teacher ... EO Member
f) Concerned Forester/Dy.Range Officer ... Member- Secretary*
        * After a period of two years, efforts will be made to identify a literate person from VSS who is able to maintain minutes, to discharge the functions of Member-Secretary.
3. The concerned Forest Range Officer shall be responsible for holding an election for the purpose of deciding 10 to 15 members out of the VSS. In short the Forest Range Officer will act as a Returning Officer as far as the elected representatives of the Managing Committee are concerned.
4. The Committee will elect its own Chair-person whose term will be co-terminus with the term of the Managing Committee.
5. In ITDA areas all the elected members of the Managing Committee shall be tribals.
6. Non-elected members will have no voting rights.
7. The quorum for the convening the Managing Committee shall be 1/2 number of members of the Managing Committee.
8. In areas other than ITDA areas atleast 1/3 of the members shall be reserved for SCs & STs.
9. In case of population of Tribals/SCs being insufficient in ITDA and areas other than ITDA,the District Forestry Committee as constituted in G.O.Ms.No.182, EFS&T (For.II) Department, dated 24.8.1993 under the Chairmanship of the Collector shall have power to decide the number of representatives from Tribals / SCs community.
10. The Member Secretary shall be the convenor of the Managing Committee.

C. DUTIES AND RESPONSIBILITIES OF VANA SAMRAKSHANA SAMITHI :

1. A General Body Meeting of the VSS shall be held once in every six months to review the action taken in pursuance of the approved Joint Forest Management Plan and functioning of the Managing Committee. Under special circumstances, the General Body Meeting of the VSS may be convened provided not less than 1/3 of the Samithi Members agree to convene such a meeting and make such a request to the Forest Range Officer concerned.
2. The

Forest Range Officer shall be the convenor of General Body of VSS.
3. the Members of VSS, individually and collectively shall be responsible to:
a) ensure protection of forest against encroachment, grazing, fires and thefts of forest produce
b) carry out development of forests in accordance with the approved Joint Forest Management Plan
c) make other villagers aware of the importance of forests
d) help the forest officers in carrying out forestry development/eco-development work in accordance with the approved Joint Forest Management Plan.
4. Members of VSS shall have the power to:
a) apprehend the forest offenders and hand them over to the authorities concerned to take action under the provisions of the relevant forest Acts and Rules.
b) all such cases where forest offenders have been handed-over to the concerned forest officials the concerned forest authority will be responsible to report back the action taken by him to the Managing Committee. In cases where the Members of the Managing Committee feel that the punishment inflicted is not commensurate with the gravity of the offence, the Member Secretary of the Managing Committee shall report the matter to Divisional Forest Officer concerned for further action.
5. The Forest

Range Officer shall maintain a Minutes Book wherein the proceedings of General Body Meeting held from time to time will be recorded.

D. DUTIES AND RESPONSIBILITIES OF MANAGING COMMITTEE:
1. Managing Committee shall meet atleast once every month. In case atleast half of the elected members of Managing Committee decide to meet the President of the Managing Committee shall have the power to convene a meeting of the Managing Committee.
2. The Member-Secretary of the Managing Committee shall be responsible for convening the meetings and to maintain the record of the proceedings. A copy of the record of proceedings shall be sent to the Forest Range Officer for information and advice. In case, the Forest Range Officer finds that the deliberations of the Managing Committee are contrary to the approved JFM Plan or the relevant forest Acts and Rules, he shall report the matter to Divisional Forest Officer and the Conservator of Forests immediately.
3. If any Member of the VSS is found to be indulging in Acts against Forest Laws or approved Joint Forest Management Plan such Member can be debarred from VSS by the Managing Committee. It shall be the responsibility of the managing Committee to schedule the action plan assigning duties and responsibilities to the Member of VSS with a view to ensure protection of Forests and under its charge from biotic interference and also to implement the measures involving labour inputs. The Members of VSS shall have preference for wage employment within the areas of VSS of which they are members.
E. FUNCTIONS AND RESPONSIBILITIES OF FOREST DEPARTMENT:
1. The actions taken for implementation of the concept of JFM shall be reviewed by District Forestry Committee as constituted in GOMs. No.182, E.F.E.S&T (For.II) Department, dated 24.8.1993.
2. The

Forest Department shall be responsible to provide assistance to VSS in selection / demarcation of the Forest

area to be put under JFM and in preparation of JFM Micro-Plan, approving the micro-plans, drawing of the budget for micro-plan and getting the budget approved.
3. Forest Department shall be responsible to transfer the skills of sound silvicultural treatment and soil conservation practices to the members of VSS and to guide JFM micro-plan implementation.
4. Bio-diversity shall be maintained while developing the degraded forests under JFM Programme.
5. The officials of the Forest Department shall assist the members of VSS in apprehending forest offenders wherever necessary.

F. PREPARATION OF JOINT FOREST MANAGEMENT PLAN:
1. A Joint Forest Management Plan shall be prepared by the Managing Committee and Forest Range Officer concerned through a process of mutual consultation among all sections particularly women and other disadvantaged sections of the community.
2. Such a JFM Plan on approval by the Managing Committee shall be put before the General Body of VSS and its approval obtained. Thereafter the concerned Divisional Forest Officer shall grant formal approval of the Joint Forest Management Plan which will be called as the approved JFM Plan.
3. In cases where the General Body does not agree with the JFM Plan so prepared the Managing Committee shall carry out such changes as are necessary which are in accordance with the policy of the Government.
4. The choice of the species for plantations within the area earmarked for VSS shall be decided by the Members of VSS and it shall be in accordance with the Forest Policy of the Government of India 1988.
5. Along with trees for fuel, fodder and timber, the village community shall be permitted to plant such fruit trees as would fit with the overall scheme of Afforestation, such as amla, imli, mohua etc., as well as shrubs, fodder legumes and grasses which would meet local needs, help soil and water conservation and enrich the degraded soil / land. Even local medicinal plants may be grown according to the requirements and preference to beneficiaries.
6. The JFM Plan can be implemented under an arrangement between the voluntary agencies / NGOs, if available, the village community and the State Forest Department. Memorandum of Understanding to be signed is at Annexure-II of this order.
7.Soil and Water Conservation measures shall form an integral part of Joint Forest Management Plan.
8. While preparing the JFM Plan the labour component shall be worked out and the wages be paid for every labour contribution from the members of the VSS.
9. A Model Plan should be evolved by the department for each bio-climatic area which would serve as a model for drawing up local plan with adequate flexibilities.
G. USUFRUCTORY RIGHTS:
Vana Samrakshana Samithi protecting the forests shall be entitled to the following share from the forests:-
a) All Non-timber Forest Produce except those for which GCC holds the monopoly rights. However the right to collection shall remain with the Vana Samrakshan Samithi members, if they so desire. The members shall be paid the collection charges upon delivery of the produce as per the rates fixed by the Government.
b) In case of Beedi Leaf 50% of the net income from increased yield over and above the average yield of 5 years (in weight) due to better protection and management offered by the VSS will be paid to VSS members equally.
c) Vana Samrakshana Samithi shall be entitled to 100% share in timber and bamboo harvested from the regenerated degraded forests as prescribed in the approved Micro Plan subject to the following conditions:-
- Expenditure incurred on the harvesting shall be deducted from the total income. However, the harvesting work will be got done by the members of the VSS only as far as possible.
- Expenditure necessary to sustain the productivity of the forests like raising plantations, carrying out other silvicultural operations as per the micro plan shall be deducted from the total income. This amount will be retained in the joint account of Vana Samrakshana Samithies and the Forest Department for ploughing back in the forests under the management of the Vana Samrakshana Samithies. {This amount in no case should be less than 50% of the income after deducting harvesting and transportation cost.}
- Balance income shall be equally apportioned among the members of Vana Samrakshana Samithies.
H. OTHER REGULATIONS:

    1. Access to forest land and usufructory benefits will be allowed only to the members of VSS.

    2. Cutting of trees should not be permitted before they are ripe for harvesting. The Forest Department also should not cut the trees on the forest land being protected by the members of VSS except in the manner prescribed in the approved JFM Plan. In case of emergency needs the members of VSS and the Managing Committee should be taken into confidence.

    3. The areas to be selected for treatment under JFM should be free from the claims (including existing rights, privilages & concessions) of any person who is not a beneficiary under the scheme.

    4. Wherever voluntary agencies are available with experience in forestry programme they may be associated to play the role of a facilitator as interface between the forest department and the community. They can articulte the views of the community which is yet to organise itself effectively to function as an institution. The Members of voluntary agencies would not however be entitled to any remuneration, rights or benefits under the JFM Programme.

    5. The village falling within the watersheds as identified by DPAP may be given preference in introducing JFM Programmes so as to enable to integrate with the holistic activity.

    6. The Divisional Forest Officer may supercede VSS for sufficient reasons only after the approval of the District Forestry Committee.

    7. The JFM Programme will be reviewed after a period of 10 years but the Government reserves the right to do so even earlier if the circumstances so warrant.

I. EFFECT OF PREVIOUS SCHEMES:

    The rights and privileges assigned earlier, under the schemes approved in G.O.Ms.No.445, Forest Animal Husbandry and Fisheries (For.IV) Department, dated 21.10.1986 read with G.O.Ms.No.197, Forest Animal Husbandry and Fisheries (For.IV) Department, dated 21.5.87 shall be applicable to all the beneficiaries selected earlier. The Forest Department shall, however, strive to constitute them into VSS with a view to streamline their activities in line with the present scheme.


ANNEXURE - II
MEMORANDUM OF UNDERSTANDING

We, the Managing Committee Members of the ________________ Vana Samrakshana Samithi duly elected by the Vana Samrakshana Samithi as per the provisions of G.O.Ms.No.224, dated 11.11.1993, do hereby undertake to perform the duties and functions as detailed in the G.O.Ms.No.173, dated 07.12.96 of the Forest Department, Government of Andhra Pradesh for proper protection of the Forest(s)/Plantation(s) assigned to this Committee as per the schedule given hereunder :

SCHEDULE:
1. Name of Vana Samrakshana Samithi
2. District
3. Division
4. Range
5. Section
6. Beat
7. Block, Compartment No.
8. Area (ha)
9. Boundary

North - East -
South - West -

We understand that in return for the satisfactory performance of the above duties and functions, the Vana Samrakshana Samithi will be entitled to share in the usufructs as envisaged in the aforesaid G.O.Ms.No.173, dated 07.12.96 and that these usufructory benefits as detailed in the aforesaid G.O.Ms.No.173, dated 07.12.96 shall be allowed only upon satisfactory observance of the duties and functions by this committee and the individual beneficiaries.

Signature of the Members of the Committee Signature of Witnesses

Name & Address - Signature Name & Address - Signature
1. 1.
2. 2.
3. 3.

We agree to perform the duties mentioned in G.O.Ms.No.173, dated 07.12.1996.

Signature of

Local Forest Officer

S.No. Name & Designation Signature
1.
2.
                                   
We agree to assist the State Forest Department and V.S.S. in carrying out the J.F.M. Plan and implementation of G.O.Ms.No.173, dated 07.12.1996.

Signature of N.G.O.

S.No. Name & Designation
1.
2.
Division.