G. O. MS. No. 21. : 5th - MARCH - 1998

GOVERNMENT OF ANDHRA PRADESH

FOREST DEPARTMENT

 

FOREST DEPARTMENT - Joint Forest  Management - Sanction of incentive to Vana Samrakshana  Samithis for apprehending smuggling of Forest Produce - Procedure described -

Forwarded - Orders - Issued.

 

ENVIRONMENT FORESTS SCIENCE AND TECHNOLOGY (FOR .III) DEPARTMENT

 

G.O.Ms.No.21.                                                                                                    

Dated : 05.03.1998

                                                                                                                             Read the following :

 

1.G.O.Ms.No.218, E&F (For. VI) DEPT., dt,28.02.1992.

2.G.O.Ms.No.224,EFS&T Dept , dt. 11.11.1993.

3.Minutes of State Level Committee meeting on implementation of JFM held on 26.08.1995.

4.From the PCCF ,Hyd. Lr.No.43923/95/PIC - II., dt. 26.10.1996.

5.G.O.Ms.No.10, EFS&T Dept., dt.31.10.1996.

6.Minutes of the meeting of (3) members committee constituted under G.O.Ms.No.10 held on 06.06.97.

7.Minutes of State Level Committee on Joint Forest Management held on 14.07.1997.

8.From the Prl.CCF, Hyd. Lr.No.1307/97/PIC - II/1,dt.11.02.1998.

 

* * *

ORDER :

         

1.In the Government Order first read above , the State Government issued orders for constitution of Vana Samrakshana Samithi (VSS) for protection and development of degraded forests through Joint Forest Management .The essence of the said order is to secure the participation of the local people who depend on the forests, for the purpose of protection and development of forests.

 

 

2.During the Second State Level Committee meeting on the implementation of Joint Forest Management held on 26.08.1995 it was tentatively agreed to pay 25% of compounding Fees to Vana Samrakshana Samithi members, if they apprehend smugglers with the forest produce, provided certain conditions are fulfilled.

 

 

3.The Prl.Chief Conservator of Forests in his letter 4th read above has sent proposals, to issue Government orders regarding sharing of compounding fees with the Vana Samrakshana Samithi members which will lead to better forest protection and prevent smuggling of Forest produce.

 

4.The Government examined the proposal, and issued orders vide G.O.Ms.No.10, Environment, Forests, Science and Technology Department , dated 31.01.1996 constituting (3) members committee consisting of the following officers who will scrutinse the cases apprehended by the members of Vana Samrakshana Samithi and recommend  the award to be given to such  Vana Samrakshana Samithis.

 

1.Principal Secretary,

      Environment, Forests, Science and Technology Department.

2.Secretary (Finance), Finance and Planning Department.

3.Prl.Chief Conservator of Forests, Andhra Pradesh, Hyderabad.

 

 

5. The committee consisting of the above (3) members met on 06.06.1997 for sanction of  incentive   awards to the Vana Samrakshana Samithi.The committee considered the present  system of sanctioning of incentive award to Vana Samrakshana Samithi as out lined in    G.O.Ms.No.10 , Environment, Forests ,Science and Technology Department and  recommended  that system should be decentralised at the district level. On the  recommendations of the Divisional Forest Officers the District Forestry Committee may   review such cases under the Chairmanship of Collector and District Magistrate and   dispose off the cases at district level only.

 

6.The State Level Committee on Joint Forest Management in the meeting held on 14.07.1997 recommended.

i.To delegate the power of sanctioning incentive to District Forest Committees.

ii.To pay 25% of compounding Fee collected to be Paid to Vana Samrakshana Samithi.

iii.To exempt the payment of incentive amount to the Vana Samrakshana Samithi from treasury control and authorise Divisional Forest Officer concerned to disburse the amount ,as per approval of the district forestry committee.

iv.To remove clause in the Government order 5th read above ,which says that only incremental value of ‘C’ Fee would be considered for sanction of incentive and to amend G.O.Ms.No.10,dated 31.01.1996 of Environment ,Forests ,Science and Technology

     (For .II) Department suitably.

 

7. The Prl.Chief Conservator of Forests ,Andhra Pradesh ,Hyderabad accordingly sent proposal  in   the  

      reference 8th read above to issue Government Order.

 

8.The Government have carefully examined the above recommendations of the (3) members      committee and the recommendations of the State Level Committee on Joint Forest  Management and issue necessary orders in the regard under the powers vested under section 68(2) (c) of Andhra Pradesh Forest Act, 167.Government accordingly order that when ever the Vana Samrakshana Samithi members apprehend smugglers transporting forest produce illegally, Vana Samrakshana Samithis concerned will be sanctioned incentive amount   subject to the conditions in para  (9) below.

 

9.The sanction of incentive to VSS will be subject to the following conditions. :-

i.It shall be the discretion of the competent authority to compound the offense or not as provided under compounding and prosecution rules. The VSS cannot demand any case to be compounded as a matter of right.ii.No VSS member is involved in the offense.

iii.The Forest Produce so seized by the Ana Samrakshana Samithi is not from the same Vana Samrakshana Samithi area.

iv.The produce with smugglers is produced before the concerned forest officer.

v.If competent authority compounds the case, 25% of the ‘C’ fee collected will be paid to VSS unless ‘C’ fee is fully collected and remitted to the Government Treasury as per existing rules.

vi.If the case is not compounded by competent authority VSS will be sanctioned 25% of the value of the produce as incentive. The value of the produce for this purpose will be taken as the same as value of produce recorded in offense case.

 

10.The Concerned Divisional Forest Officer as per the approval of District Forestry Committee  

   will be disburse the incentive amount.

 

11.Release of incentive amount to Vana Samrakshana Samithi will be free from Treasury   

   control to ensure prompt payment.

 

 

12.The expenditure on payment of incentive award to Vana Samrakshana Samithis for apprehending of Forest produce shall be debited to 2406 - Forestry and Wild Life - 01 - Forestry - M.H.800 - Other expenditure - S.H.(11) - Incentive awards to Vana Samrakshana Samithis for apprehending smugglers of forest produce -390 - Reward ( to be opened).

 

13.The Prl.Chief Conservator of Forests ,Hyderabad is advised to issue detailed guidelines to ensure maximum uniformity in implementation of the procedure in all the Districts.

 

14.The Prl.Chief Conservator of Forests ,Hyderabad is advised to obtain quarterly reports from    Territorial Officers regarding the impact of the above scheme on forest protection through the mechanism of Vana Samrakshana Samithis and submit the same to Government.

 

15.G.O.Ms.No.10 ,Environment ,Forests ,Science and Technology (For .II) Department ,dated stands cancelled with immediate effect.

 

16.This order issues with the concurrence of Finance and Planning (FW) Department under their       U.O.No.342/Prl.Secy.(Fin)/(W&P)/98.dated 27.02.1998.

 

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

                                                                                                 

 

                                                                                            C.S.RANGACHARI,

                                                                    SPECIAL  CHIEF  SECRETARY  TO GOVERNMENT.