The degraded and barren forest land and
similar other land in rural areas will be included in this scheme.
Since the proposed programme will be implemented with the help
of local village panchayat, the production from the identified forest area which will
accrue because of protection and afforestation will be made available, on priority, to the
local people to meet their daily needs. Lands allotted to individuals or institutions as
well as to forest-based industries by agreement, will be excluded from the scheme.
If sizable areas, other than the forest, is available within the
village area and if this area is adjacent to the identified forest area which will accrue
because of protection and afforestation, will be made to individuals or institutions, as
well as to forest-based industries by agreement, will be excluded from the scheme.
It is not a scheme to allot forest lands on lease. For the
protection and development of reserved and protected forest, conservator of forest
(Territorial) will identify the compartment nos. and survey nos. of the area for
implementation of the schemes after assessing the needs of Nistar and willingness of
village panchayat in protecting and developing identified forest areas.
The underlying principles of the scheme will be as follows:
Reforestation of the denuded forest, which is adjacent to a
village will be done through a forest protection committee. The representation on the
above said committee will be available to nearly all families of the village.
The forest protection committee accept responsibility for
protection and maintenance of forests.
The forest protection committee will appoint one executive
committee which will prepare the details of the scheme, and take necessary decisions for
the implementation of the scheme. However, all policy matters will be finalised with the
consent of the forest protection committee.
The benefits of the forest produce which will accrue after the
development of the denuded forest will be given to forest protection committee/local
people according to some norms.
It is possible to take help of autonomous voluntary institutions
for implementing this scheme. But these institutions will not be eligible for any
benefits.
Since the implementation of this scheme will entail active
participation of village panchayat, it is necessary that village panchayat should resolve
to support this scheme. Divisional forest officers, after receipt of such resolution
should discuss with the local villagers, sarpanch and other members of village panchayat
and should get the forest protection committee members elected in village meeting.
Divisional forest officer can enlist cooperation of NGO if required, in implementing the
scheme in the area in consultation with village panchayat. In such case, two
representatives from such institution should be nominated on the executive committee as
members. The executive committee should also be formed in this manner.
Forest labour cooperative societies can be entrusted with
implementation of this scheme in their in their area of operation. However the forest
labour co-op. Society should enroll at least one person from every family in their area of
operation as a member of the society. Where there is a common area of operation for both
village panchayat and forest labour society the decision as to who will work as
implementing agency will be decided on merit. However in view of their difficult financial
position F.L.C.S. deserves priority.
Work plan : deputy conservator of forest (Territorial) will
prepare a plan for the area of the villages selected under this scheme given following
details :
Area of natural regeneration
Scheme for increasing the density of trees
Nature and model of afforestation
Recommendation for species to be planted
Soil and moisture conservation work
Demarcation of boundaries
Maintenance of plantation
The period work plan will be 10 years.
The constitution of the committee which will sanction the plan
prepared by the deputy conservator of forests will be as follows:
1. Conservator of forests Chairman
2. Deputy conservator of forests working plan Member
3. Joint Director, Social Forestry Member
4. Deputy director, Social Forestry Member
5. Two beneficiaries from executive committee Members
&
6.
7. Deputy conservator of forests (Territorial) Member-secretary
The execution of the above work plan will be under the
supervision of the forest department. The necessary changes should be made in working plan
prepared by the forest department for the working plan officer.
The beneficiaries of the scheme will normally be the persons
living in this forest area or on the border of the forest area and from economically
backward and weaker sections of the community. However, this opportunity will be available
to each individual of such families who are involved in the proposed forest protection
scheme.
All the expected benefits of this scheme will be available to
those families of whom at least one member has participated in the scheme.
the constitution, duties and responsibilities of the forest
protection committee will e as follows:
The deputy conservator of forests, after discussion with the
village panchayat will nominate the members of the forest protection committee. Every
family residing in and around the forest area will get an opportunity to become a member
of the committee.
It is necessary that the gram panchayat should extend all
cooperation to this committee with a view to ensure smooth implementation of the
programme.
The executive committee will be organised for execution of the
work given by the forest protection committee.
The constitution of the executive committee will be as follows:
1. Sarpanch, Ex-officio Member Member
2. Gram Sevak Member
3. Six members elected by the beneficiaries Member
4. 2 persons nominated by the voluntary organization Member
5. Forester Member Secretary
The member of the executive committee will be elected every year
from member of the forest protection committee. The range forest officer will supervise
this election. It will be binding on the beneficiaries to elect 2 women and 2 persons from
scheduled caste/tribes and other backward class members. The chairman of the executive
committee will be elected by the executive members in the meeting. The forester being
member secretary of the executive committee will arrange meetings in a planned manner.
Duties : The executive committee of the forest protection
committee will maintain a register of all : name, name of father, address, age, no of
members in the family, name of the representative of the family etc.
Executive committee should obtain the application forms duly
filled in by the representative of the family and all such forms be pasted in the
register. These registers should be kept permanently in the office of the range forest
officer.
The forest protection committee will maintain a proceedings
register and minutes of the executive meeting will be recorded in this register from time
to time. The record of the general body meeting will be signed by the chairman. The
proceedings will be sent to the range forest officer for record.
Details of Works
To determine the policy for protection of forest and plantation
areas through committee members.
To protect the forest and plantation area through the members of
the committee.
To prohibit encroachment in forests, illicit cutting of trees
and other destructive activities and to inform the names and details of such culprits to
the forest officer.
To prohibit the culprit from committing forest offence and help
the forest officer to take action against him.
To help the department in conducting regular and smooth working
of forest work as per working plan.
To help the forest department in extraction and storage of
forest produce.
To help the forest officer in the distribution of 50 percent of
the auction produce among the members through Nistar rates (according to the list prepared
by the executive committee and approved by the deputy conservator of forests).
If any primary member of the forest protection committee
purposely causes damage cancellation of his membership by informing the fact to forest
officer.
To help the forest officer in taking action against the persons
or members who have violated the laws and rules of the forest department and help forest
officers in forest protection and plantation work.
The provisions of Nistar in the area of this scheme will be as
follows:
There should be proper coordination amongst village panchayat
beneficiaries and foresters protection committee where the rights of Nistar are
prevailing. In such cased the prevailing procedure for distribution of forest produce
should be accepted. However, where the individual or a family, who enjoys Nistar
facilities refuses to participate in the forest protection scheme, no benefits under this
scheme will be made available to them.
The following procedure should be adopted in distributing the
forest produce.
The member of the forest protection committee should actively
participate in forest protection work of the area to become eligible for the benefits of
the forest produce.
After a period of 10 years from planting and after verification
that the forest protection committee has continuously and effectively protected the forest
and that the forest crop has reached its maturity, forest produce will be deemed to be
eligible for Nistar distribution.
The planning for distribution of Nistar to the members of the
forest protection committee will be made by the forest officers. The members of the forest
protection committee can procure without cost the following items without damaging the
forest and the plantation.
Dry and fallen branches of trees, fruits, flowers, seeds (except
cashewnuts) and leaves (except tendu).
The interim and final produce from the forest areas and
plantation raised under this scheme.
The exploitation of the final produce from the forests and
plantation area will be done by the forest department and the benefits would be made
available to the members of the forest protection committee at a concessional rate. These
rates will be fixed by coordination of deputy conservator of forests and district
collector and these rates would be not more than 50 per cent of the market rates. The
produce that remained after the supply at concessional rates to members of the forest
protection committee, will be auctioned by the forest department.
The income received from the block plantation scheme of the
social forestry will be distributed between the village panchayat and government letter
the ratio of 9:1 as has been stated in the government letter dt. 17.9.1985. the village
panchayat will spend at least 25 per cent of the total amount received for wages of
watchman and maintenance of trees, etc. in addition to this, 50 per cent of the total
production should be reserved for the local people and it should be sold to landless
labourers and persons below poverty line. It has been mentioned in the order/circulars
that sales of produce to such persons should be at the rate of 50 percent of the market
rate. The remaining produce would be disposed of through auction and such auction will be
restricted to the villagers only. The need of the landless labourers and persons below
poverty line for fodder and fuel should be estimated properly. If the supply of forest
produce was found to be short than the requirements then it should be distributed on merit
basis.
If all concerned decided to implement this scheme in the area of
block plantation scheme then the benefits of the forest produce would be available as
specified in that scheme.
If the right of purchase of the forest produce is with the
Maharashtra Tribal Development Corporation then beneficaries/forest protection committee
should sell the produce to the Maharashtra tribal development corporation.
Control on the working of forest protection committee.
Violation of above conditions, and those of provisions of the
Indian Forest Act 1927 and other later Acts will be sufficient reasons to cancel the
primary membership of the forests protection committee or even to cancel the forest
protection committee itself.
The deputy conservator of forests would be competent to cancel
or dissolve the forest protection committee. An appeal can be made to the conservator of
forests against the decision of the deputy conservator of forests. The decision given by
the conservator of forests would be final and binding on both parties. The deputy.
Conservator of forests may delegate the powers to the range forest officer to cancel the
membership of the forest protection committee and accordingly the range forest officer on
the recommendation of the executive committee of the forest protection committee would
execute the action against the persons violating the conditions. An appeal against the
decision of the range forest officer can be made to the deputy conservator of forests
through Taluka Panchayat samiti. The decision of the conservator of forests will be final
and binding on both the parties.
During the period of implementation of the scheme the government
has accorded sanctions for formation of a high powers committee as mentioned below to
evolve suitable policy decision required during the period of implementation of this
scheme.
1. Chief Minister - Chairman
2. Minister (Finance) - Member
3. Minister (Forest) - -
4. Minister (Rural Development) - -
5. Minister (Tribal Development) - -
6.-9 Representatives of voluntary organisations - -
10. Secretary (Finance) - -
11. Secretary (Rural Development) - -
12. Secretary (Tribal Development) - -
13. Secretary (Planning) - -
14. Secretary (Forests) - -
This government resolution is issued with the concurrence of
planning and finance departments.
Memorandum of Understanding
THIS MEMORANDUM OF UNDERSTANDING made at ……….. on
the ………… day of ………… in the year
…………. between the GOVERNOR OF MAHARASHTRA exercising the executive
power of the government of the state of Maharashtra hereinafter referred to as the
government (which expression shall unless the context does not so admit include his
successors and assigns) of the One part and (1)
SHRI/SMT………..(2)……….(3)………. etc. being,
respectively the present chairman, secretary and members of the executive committee of
…………. Village forest protection committee, Taluka ………
District ………. and having its office at ……………
hereinafter referred to as "Forest Protection Committee" (which expression shall
unless the context does not so admit include its successors and assigns) of the other
part.
WHEREAS the national forest policy, 1988 envisages participation
of people in the development and protection of forests:
AND WHEREAS in pursuance of the guidelines issued to forest
secretaries of all the state government by the government of India, Ministry of
Environment and Forests, department of Environment, Forests and Wildlife, New Delhi under
its letter No. 6-12/89-8.P dated the 1st June, 1990, the government of
Maharashtra has decided to implement a programme regarding regeneration of degraded forest
land with participation of village communities (hereinafter referred to as the "said
government resolution)".
AND WHEREAS the said programme is to be implemented in selected
villages with the cooperation of respective village panchayats and under the supervision
of the forest officer:
AND WHEREAS Deputy conservator of forests, ……….
division ………….. has selected and earmarked ………….
Hectares of degraded forest land of village ………….. forest block No.
……….. compartment / survey No……….. for the purpose of the
said programme (hereinafter referred to as "the selected forest area").
AND WHEREAS, Deputy Conservator of Forest ……….
Division ………… has prepared a work plan known as
"……….." for the selected forest area, and the same has been duly
approved by a committee appointed in that behalf under the said government resolution
(hereinafter referred to as "the approved work plan") a copy whereof is hereto
annexed and market as Annexure – A.
AND WHEREAS, Deputy Conservator of Forest ……….
Division ………… has constituted………… village forest
protection committee under the said government resolution for the purposes of
implementation of the approved work plan in the selected forest area on the terms and
conditions mentioned therein as well as in the said government resolution.
AND WHEREAS, as per one of the agreed terms and conditions the
forest protection committee is required to execute an agreement with the government being
in fact these presents;
NOW THIS AGREEMENT WITHESSETH AS FOLLOWS:
In consideration of the government having agreed to grant
certain share in the usufructory benefits to the member of forest protection committee in
the manner as provide in clause (4 hereof the forest protection committee both hereby
agree for itself and for and on behalf of all the members, to do execute and perform the
duties herein below specified, viz.
To protect the selected forest area in accordance with the
forest protection scheme to be framed by the forest protection committee in consultation
with deputy conservator of forests, ………. Division.
To assist the deputy conservator of forest ……..
division in …….. implementing the approved work plan in the selected forest
area.
To duly perform and execute all duties and obligations on the
part of the forest protection as specified in the approved work plan.
To obey and comply with the orders, direction, suggestions, etc.
given by deputy conservator of forests from time to time within the given period.
To make demarcation of boundary line and erect thereon such
permanent marks with the approval of deputy conservator of forests, ……….
division ………….
To assist deputy conservator of forests, ………..
division ……. In enforcing preventive measures for stooping encroachments or
illicit, felling etc. in selected forest area.
To provide local intelligence with regard to commission of
forest offences, names of the forest offenders and other logistic support.
To provide assistance to the forest officials in mustering of
the labourers for forestry works.
To assist the forest department in connection with harvest,
collection of the forest produce from the forest area and for distributing the forest
produce for nistar purposes.
To take every measures with the help of the forest department
for prevention of commission of any offence under Indian Forest Act. 1927. Rules made
thereunder.
To enroll the names of the members of the forest protection
committee in a register kept in the office of the range forest officer and to maintain it
upto date.
To maintain register to minutes of the meetings of their
representatives as well as the minutes of the meetings of the general body.
Subject to the provisions of clause (I) hereof, this agreement
shall remain in force for a period of 30 years from the ……… day of
…….. 1994 unless terminated earlier by the government in accordance with the
terms and conditions hereof.
During the subsistence of this agreement the forest protection
committee shall merely assist the concerned forest officers for the purposed of carrying
out afforestation/plantation work in accordance with the approved work plan and protection
of the selected forest area in accordance with the forest protection scheme and that the
actual ownership of the land, on which afforestation / plantation work is to be carried
out by the committee, shall continue to remain with the government, and the committee or
its members shall not have any leasehold, tenancy or any other rights whatsoever over the
selected forest area.
In consideration of the forest protection committee having
agreed to participate in the said programme and to assist the forest department in
implementing the said work plan in the forest area, strictly in accordance with the
provision made in the approved work plan and under the supervision of the forest
department the government hereby agrees to grant benefits of forest produce, fuel, etc.
derived from the afforestation made under the approved scheme only to those members of the
forest protection committee who have actively participated in the implementation of
approved work plan as per the distribution plan prepared by the deputy conservator of
forests, ……… division …………. As provided in para 9 of
the said government resolution. Such benefits shall be distributed amongst all the members
of the forest protection committee in the manner to be decided by the members of the
forest protection committee in the manner to be decided by deputy conservator of forests
……… division …………
If the forest protection committee fails or neglects to assist /
carry out afforestation plantation work on the authorized premises strictly in accordance
with the approved work plan or commits a breach of any of the terms and conditions of this
agreement, the government may be giving 30 days notice in writing to the committee
forthwith terminate this agreement and in that event the forest protection committee shall
not have any claim in the forest produce derived from the selected forest area and also no
compensation shall be payable by the government to the committee on any account
whatsoever.
All disputes and difference whatsoever relating to this
agreement and whether as to the construction or interpretation of any terms and conditions
thereof or otherwise howsoever either during the subsistence of this agreement or at any
time thereafter arising between parties hereto shall be referred to deputy conservator of
forest ……….. division ………… An appeal can be made to
conservator of forests ………. circle ……… against the decision
of deputy conservator of forests……….. division ……….. . The
decision of conservator of forests circle ……….. thereon shall be final and
binding on the parties hereto.
IN THE WINTNESS WHEREOF THE governor of Maharashtra hath caused
the deputy conservator of forests, ………. Division ………. to
hereto set his hand and affix the seal of his office for and on his behalf and the named
present members of the executive committee of the forest protection committee have hereto
set their respective hands the day and year first herein above written.
SINGED SEALED AND DILIVERED BY
SHRI………………..
Deputy conservator of forest…………. division
Division ………………. for and on
behalf of the governor of Maharashtra in the presence
of………….
1……………
2……………
SIGNED AND DELIVERED BY
SHRI/SMT……….………………..
……………. etc.
