Joint Forest Management Resolution
HARYANA
Memo. No. 1370-FL-1-90/15610 dated 13.6.90
from the Financial Commissioner and Secretary to Govt. of Haryana, Forest Department to
the Principal Chief Conservator of Forests, Haryana.
During recent years there has been a growing recognition of the
failure of traditional forest management systems, particularly in areas adjoining
villages. While forest areas have continued to get further degraded the level of mistrust
between forest department staff and villagers has increased. Presently one of the major
roles of the Forest Department is to police the surviving forest resources.
This roles in a continuous confrontation between local villagers who need to exploit these
resources for survival and the forest staff who are duty bound to protect them.
The Haryana forest department (HFD) in collaboration with the
Central Soil and Water Conservation Training and Research Institute, Chandigarh played a
pioneering role in developing an alternative to the present management system through its
work is Sukhomajri and Nada in the late 1970s and early 1980s. the essential
learnings from Sukhomajri and Nada were the following:
A major reason for soil erosion and forest degradation is
non-sustainable exploitation of hill resources by impoverished villagers due to their
economic compulsions.
As such purely technical soil conservation and afforestation
measures cannot succeed as the problem lies in the villages and not in the hills,
The same people and the same hills can undergo dramatic
transformation within a short period of time if the relationship between the people and
hills can be changed from a destructive one to t a productive one.
That the forest department and village communities can be
partners in developing sustainable natural resource management in hilly forest areas
community to do so.
That social fencing by village communities can be more effective
in protecting forest areas then any amount of policing by the FD.
From the early 1980s, the HFD has done commendable work in
extending the joint management approach to several other villages in the Shivalik belt.
Registered Hill Resource Management Societies (HRMS) of villagers have been formed to take
responsibility for protection of forest areas. In return, the HFD has given them leases
for harvesting bhabbar or grass from adjoining forest areas or built small water
harvesting dams from which supplemental irrigation is provided to villagers fields.
However, in many of expansion areas, cooperation between the
forest staff and village communities has not been as effective as in the pilot villages of
Sukhomajri and Nada. In part, this has resulted from grater stress on the technical
engineering aspects of the programme than on involving the villagers in protecting and
building up their management capabilities. Another major reason for this has been the lack
of clear policy guidelines on how the HFD will share the benefits of improved protection
and management with HRMS. The rights and responsibilities of both HFD and HRMS need to be
clearly defined as a basis for reaching an agreement between the two parties prior to
initiating any action of the principles of joint management.
Once this is done, the HFD can proceed with training its staff
to implement the policy systematically and integrate working in partnership with village
communities in their day-to-day work.
Philosophy and Benefits of the Proposed Policy
The basic philosophy underlying the proposed policy is to link
the economic interests of villagers living adjacent to forest areas with sustainable
management of those areas. This would be achieved through identifying one or more
catalysts in each village which would motivate the villagers to improve the productivity
of the forest areas and giving them a major share in the increased production.
For the state government there will be no loss in existing
revenues (if any) from the concerned areas. The present levels of revenue will be
maintained and in certain cases there will increase over a period of time. Simultaneously,
through increased production resulting from villagers participation with the villagers,
the villagers economic status will improve substantially without any
additional cost to the government. The government will get the benefit of increasing
incomes and employment without making any additional investments. Further, with villagers
accepting responsibility for protection and management of forest areas near the villages,
the departments future costs for their protection and rehabilitation will be substantially
reduced. In fact, the FDs traditional role of policeman will change to one of
enabling villagers to participate in improved management of forest areas.
Further, if productivity of the forest belt adjacent to villages
is sufficiently increased through joint management to meet all the villagers requirements
of biomass products, the productivity of forest areas beyond this belt will increase
through natural regeneration thereby increasing the government revenue from these areas
without much additional investment.
An improved environment and restoration of the ecological
balance will be yet another benefit for the state.
Policy Content
The basic unit of interaction at the village level could be a
hamlet of a village, a whole village or, in exceptional circumstances, a gram panchayat.
The HFD will negotiate with an organisation of the villagers and not directly with any
individual. The minimum of households in the unit should be 10 to 15. The selection of the
villagers unit will based among other criteria, on physical proximity of residence,
sharing of common rights or interests in biomass resources from specific forests areas and
at least minimal level of social cohesiveness/identity among the member households. To
begin with, the member households could form an unregistered society which will
subsequently be registered within a specified period of time under the Societies
Registration Act. The society, would be called Hill Resource Management Society (HRMS). At
a subsequent date, if considered desirable, the pros and cons of creating statutory body
could be explored.
Subject to the willingness of the majority of households of the
concerned unit to accept responsibility for joint management of the specific forest area
in their vicinity the HFD, in collaboration with the villager will prepare a
development-cum-management plan for the area. This micro-planning exercise will aim to
clearly delineate the forest area to be brought under joint management with HRMS and as
far as possible efforts will be made to ensure that only HRMS members have rights in that
area to conflict with other right holders. One or more of the following catalysts will be
identified for tying the villagers interest with improved management of the demarcated
area:
Water (through a dam or a kool system) for irrigating villagers
field to reduce their dependence on the forest area and their accepting the condition to
stop open grazing to protect their water source.
Grass for fodder. A grass lease for hand harvesting of grass
could be given to the HRMS instead of auctioning the same to intermediary given to the
HRMS instead of auctioning the same to intermediary contractors. In exchange, HRMS could
be asked to protect the area from open grazing.
Bhabbar for rope making or sale. A lease could be given to the
HRMS paper mill of either auctioning to private contractor or a lease direct to the paper
mill. In villagers where some people use bhabbar for rope making a provision will be
incorporated in the agreement HRMS, that all their bhabbar requirements will be met prior
to sale of the grass to outsiders.
Bamboo for basket making. Members of the Banjea community
engaged in bamboo basket making can be allowed to harvest increased quotas of bamboo as
per their requirements for upto 9 months in the year (mid September to mid June) on the
condition that they will maintain the clumps at optimum productivity levels and assist in
prevention of fire during the fire season. They can also be asked to harvest bamboo for
the production division to ensure that there is no mishandling of clumps by outside
labour.
Timber, katha, firewood, fruit and other forest produce. Similar
arrangements can be worked our for harvesting/processing of the above. The basic aim
production of forests areas.
Prior to the commencement of joint management a joint management
specify the rights and responsibilities of both parties and will be supported by a
resolution of the society that its members accept the joint management plan. Where any
physical works are involved 9construction of dam or a kool system), no physical works will
be started before the joint management has been signed by the majority of the households.
The major rights and responsibilities of HFD and HRMS are summarised below:
State |
|
HFD |
HRMS |
+ |
|
Rights |
Responsibilities |
Rights |
Responsibilities |
Planning |
- Not to enter into agreement if majority unwilling to accept
responsibility |
- Facilitate discussion of planning options and provide technical guidance |
- To seek information on all aspects of joint management and not to enter
into agreement unless satisfied about potential benefits |
- Participate in planning process, define membership rules and
responsibilities of members for protection and management. Through open discussions define
rules for equitable distribution of benefits among members, taking major decisions only in
general house meetings and agree upon a system of fines / punishment for members who
violate rules |
Implementation and initial Management Period |
|
- to evaluate joint management functioning of HRMS and elections to
managing committee and equitable |
- provide technical
& financial inputs as planned;
- facilitate
management capacity building of HRMS
|
- to get grass bhabbar, bamboo, water or other produce as per agreement |
- to contribute
voluntary labour, if so planned
- to protect
area from open grazing,
- punish
member
|
State |
|
HFD |
HRMS |
+ |
| |
Rights |
Responsibilities |
Rights |
Responsibilities |
| |
Sharing
of benefits among menbers |
|
|
Offenders
as per rules. If this is ineffective authorised FD to punish offender;
- conduct regular MC and general body meetings to keep all members
informed of progress and increase consensus |
Ongoing
implementation |
| |
To
refer case to appropriate federative HRMS body if an HRMs is not fulfilling
responsibilities;
- to examine distribution rules, functioning and accounts |
To
ensure HRMS gets its share of increased production;
- to assists
HRMS get registration, strengthen functioning and monitor its performance;
- to oversee
elections and annual audit of accounts
|
To
harvest increased production and gets its share of income as per agreement |
to reinvest
part of HRMS income into its management area;
- to fulfill all agreed responsibilities |
Dispute
Arbitration |
| |
To
appoint senior officer to arbitrate on disputes between HRMS & HFD |
To
help resolve disputes withing HRMS |
To
levy fines on offending members; withdraw membership of chronic offenders
- to revise bylaws, when necessary |
To settle
disputes within membership;
- refer violation; of rules by non-members to HFD |
Sharing Increased Production
The basis of sharing increased production between HFD and HRMSs
could be as follows for different situations.
Where the system of auctioning grass leases to private
contractors is already in operations, the present practice of giving the lease to HRMSs at
the average price fetched during the previous three years could be continued. As hand
harvested grass is mostly used by the poorest households, at the most the lease charges
could be increased by 5 per cent annually from year 3 onwards to account for inflation.
In areas where the lease system is not in operation and
villagers have been operating free grazing rights, it will be difficult to persuade them
to stop grazing and start paying for hand cutting the grass as well. In such areas, no
charges for grass cutting should be introduced by the HFD. The HRMSs on its own may decide
to levy a minimal charge to cover its running expenses.
In cases where HFD assists an HRMS to get irrigation water
either by constructing a dam or installing/renovating a kool system, the initial financial
investment shall be made by the HFD. HRMS members could contribute some voluntary labour
for digging for the pipelines as was done in main Wada. However, depending on the
membership size of the HRMS, it could be laid down in the agreement that once the system
is functioning normally, all protection, maintenance and repair expenses for the system
must be raised through levying adequate water charges to the users. The HFD will provide
additional financial assistance for maintenance and repairs only in exceptional cases such
as in case of dam, excessive rate of sedimentation, rectification of technical faults,
etc.
In the case of commercial produce like bhabbar, to begin with,
the lease money, hirable to HRMS can be continued as the average amount fetched through
open auction during the previous 3 years. However, the increase should be monitored
annually. The HRMS could be bound by the agreement to invest half its income form bhabhar
either back into the joint management area or other development and social activities for
the common benefit of its members.
In the case of produce like timber, katha, fruit, medicinal
herbs. HFDs net income from sales could be shared with HRMS which may invest some
its share of the income back into the joint management area for increasing its
productivity further.
The Apportionment of Trees Rules 1987
Short Title, Extent and Commencement
These rules may be called apportionment of Trees Rules 1987.
These rules extend to the whole of Haryana State.
These rules shall come into force on the 14th day of
December, 1987.
Definitions
Road : Means national highways, state highways, district
roads, link and approach roads.
Land : Means a person who owns land adjoining
road/railway lines and canals.
Railway Lines : Any railway line within the state of Haryana.
Canal : Any canal including distributaries, minor drains and
embankments.
Share : Share means 50 per cent of the trees.
Application
The rules will be applicable only to the cultivating land adjoining roads/railway lines
and canals and not to institutions lands put to other uses such as factories,
schools, shops and any kind of building, etc and private tree land where any tree species,
orchards, etc. are grown on commercial scale or in agro forestry.
Apportionment
Apportionment/sharing of trees will be done only in case of
final felling according to 10 years approved felling programme/working plans based on the
rotation of each species and not for cultural operations like cleaning and thinning where
saplings and poles are generally removed. The share of the farmers is dry, dead and wind
fallen trees will also be included.
Provided that these rules will be applicable only to the first
row of plantation/trees grown within tree meters of the boundary of the agricultural
lands.
Explanation : the apportionment will be applicable only to land
on the side of road/railway lines and canal sides.
Any illicit felling done by the farmer will be an offence under
the provisions of Indian Forest Act, 1927.