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
ORDER
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 practised in the forest areas but bio-diversity should be
maintained.
6. After careful consideration of all the factors mentioned
above and in supersession 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 the
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 placed 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 "VAN 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 application 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.44162/317/EBS.II/96, dated : 21.11.1996.
ANNEXURE - I
A. Constitution of Van Samrakshana Samithi
1. A General Body Meeting will be convened out of the
hamlets / village / clusters of villages in which all the adults of the 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 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 state
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 of two years.
2. The composition of Managing Committee shall be as follows.
a) 10 to 15 elected representatives from VSS of which at least
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 memberof the Managing Committee-Member
e) Village Administrative Officer/VillageDevelopment
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 Chairperson whose term will
be continuous 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
half the number of members of the Managing Committee.
8. In areas other than ITDA areas at least 1/3 of the members
shall be reserved for SCs/STs.
9. In case of population of Tribals/SC being insufficient in
ITDA and areas other than ITDA, the District Forestry Committee as constituted in
G.O.Ms.No.182, EFS&T (Fr.II) Department, dated 24.08.1993 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 Van 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 one third 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 the 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 our forestry
development/ecodevelopment 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 in 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 at least once every month.
In case at least 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 action taken for implementation of the concept of JFM
shall be reviewed by District Forestry Committee as constituted in G.O. Ms. No.182,
E.F.S.&T (For. II) Department, dated 24.08.1993.
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.
4. Bio-diversity shall be maintained while developing the
degraded forests under JFM Programme.
5. The officials of the Forest Department shall assist the
member of VSS in apprehending forest offenders wherever necessary.
F. Preparation of Joint Forest Management
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 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 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 accordance 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. Usufructuary Rights
Van Samrakshana Samithies 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 monopoloy rights. However the rights to collection shall remain with the Vana
Samrakshana 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 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 usufructuary 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, privileges & concessions) of any
person who is not a beneficiary under the scheme.
4. Wherever voluntary agencies are available with experience in
forest programme they may be associated to play the role of a facilitator as interface
between the forest department and the community. They can facilitate 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 supersede 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
by 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 _____________ Van
Samrakshana Samithies duly elected by the Vana Samrakshana Samithi as per the provisions
of G.O.Ms. No.224, dated 11.11.1993, do hereby undertaken to perform the duties and
functions as detailed in the G.O. Ms. No.173, dated 07.12.1996 of the Forest Department,
Government of Andhra Pradesh for proper protection of the Forests(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 usufruct as envisaged in the aforesaid G.O. Ms. No.173, dated 07.12.1996 and that
these usufructuary benefits as detailed in the aforesaid G.O.Ms. No.173, dated 07.12.1996
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 Signature of Witness
Committee
Name & Address SignatureName & 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.
3.
4.
5.
We agree to assist the State Forest Department and V.S.S. in
carrying out the JFM Plan and implementation of G.O. Ms. No.173, dated 07.12.1996.
Signature of N.G.O.
S.No.Name & Designation
1.
2.
3.
Division
