MADHYA
PRADESH
No. F. 16-4-10-2-91 Bhopal Dt. 4th January, 1995
The State Govt. had earlier issued a resolution for ensuring the
participation of villagers in forest protection and development works, in accordance with
which Forest Protection Committee / Village Forest Committee were constituted, but some
practical difficulties and discrepancies were felt in implementation of this resolution.
In order to eliminate these difficulties and discrepancies and also to make it resolution
no. F-16-Gen-291 dt. 10/12/92. The State Govt. hereby passes amended resolution.
The Amended resolution of the State Govt. is :
In order to get the co-operation of villagers in rehabilitation
of forest degraded due to biotic presence Village Forest Committees (VFC) should be
constituted through panchayats in villages / groups of villages located within the
periphery of five kms. From the forests, consequent to the reafforestation of such areas,
30 percent of the net income from the timber and fuelwood of main felling and cent percent
income from the intermediate yield obtained from thinning, cleaning etc. will be given to
Village Forest Committee. If the committee wished so, instead of the income, total forest
produce obtained from the thinning cleaning, etc. will be given to the committee.
For the purpose of protection and ecodevelopment in the
remaining areas, Forest Protection Committee comprising resident of villages / groups of
villages within 5 kms. Periphery should be constituted through panchayats and in lieu of
successful contribution, such committees will be provided forest produce under nistar
system by only charging extraction and haulage expenditure and without charging any
royalty.
The procedure for constitution and operation of the committees
will be as follows:
Village Forest Committee (VFC)
These will be constituted in villages located within the
periphery of 5 kms. Of degraded forests. specific degraded forest area will be allocated
to each VFC. A 10-year micro management plan for development of village and forest
resources will allocated forest area will remain suspended and the area will be managed
under micro-management plan initially jointly by the FD and VFC and eventually, after
training, by the VFC.
Area selection of VFC
A Village Forest Committee of residents of village / group of
villages within the panchayat area adjoining degraded forest area will be constituted.
Divisional Forest Officer will select such degraded forest blocks on priority basis where
nearby villagers are willing to participate in management of such areas.
Divisional Forest Officer will selected degraded forest areas,
to be managed and protected by the concerned Village Forest Committee, after considering
the population in degraded forest areas and the quantity of forest produce necessary for
meeting nistar requirements.
Procedure for constitution of VFC
CONSTITUTION OF COMMITTEE:
Initially, preliminary meetings will be held in the selected
fringe villages and concept of Joint Forest Management (JFM) will be explained to the
villagers. In case villagers are voluntarily willing to protect and manage the forests, a
meeting under the chairmanship of the sarpanch/panch will be convened for the constitution
of VFC. On behalf of the department, Divisional Forest Officer or officer authorised by
him not below the rank of a forest ranger will participate in the meeting. If a minimum of
50 percent resident adults of the village attend the meeting and one female, from each
household will be member of VFC. In the first meeting the committee members will elect the
chairman and the Vice-Chairman whose tenure will be one year.
EXECUTIVE
The Executive Committee of the VFC will be constituted under the
chairmanship of sarpanch from among the resident members of the VFC as under.
The Chairman and Vice Chairman of VFC will also act as Chairman
/ Vice Chairman of the executive committee
Minimum of 2 women members
Minimum of 2 members from the landless families (male or female)
In addition the following will be the ex-officio members of the
Executive Committee.
All selected nominated sarpanch and panch
The beat guard of forester in charge of the allocated forest
area, who will also act as secretary. The secretary will convene the meetings of VFC and
Executive Committee as and when necessary and will record the proceedings in a register.
Any one resident teacher nominated by the VFC.
Any members of the Executive Committee (except ex-officio
members) will be nominated by consensus by the members of the VFC. The term of the
Executive Committee will be for the period of one year.
The Village Forest Committee shall fully assist forest officer
in grazing control.
Village Forest Committee shall ensure equitable distribution of
benefits derived from the allocated forest area and the village resources, among its
members.
Village Forest Committee shall forest officers in apprehending
culprits and ensure the safety of the produce involved in the offence. They should
immediately hand over the apprehended person and forest produce concerned to the forest
officer. The Village Forest Committee provide required assistance to the forest officer in
investigation of the offence including prosecution of the offender in judicial court.
On the report of any illegal cutting of tree or any other
offence committed by any member of the Village Forest Committee, the concerned forest
officer will take immediate action and may request the committee to debar him from the
membership of the committee.
If any member of the Village Forest Committee is found guilty,
action can be taken against him as desired by the committee which can include the
termination of his membership from the Village Forest Committee. A terminated member will
not get any benefit which are available to the regular members.
The VFC will bear the responsibility of compliance of directives
issued by the State government from time to time in connection with just and fair
distribution of the forest produce derived from the allocated forest area.
Duties and responsibilities of forest officer
The forest officer will extend his full co-operation and
guidance in VFC in preparation and implementation of the micro-management plan.
The forest officer will also make all efforts to arrange for the
funds required for the implementation of the plan annually.
If the forest is satisfied that the VFC has successfully and
voluntarily protected the allocated area against grazing, fire, theft, encroachment, etc.
the funds earmarked for these functions will be placed under village resource development
plan (VRDP) funds and the funds so accrued shall be invested on village resource
development in accordance with the provisions made in the micro-management plan.
The Divisional Forest Officer or an officer authorized by him
will make quarterly review of the work done by the VFC. Shortcomings noticed during the
review will be put before the VFC, who will take all necessary corrective measures to
overcome all the shortcomings all early as possible and not later than the date of next
review.
If the forest officer finds that funds released for the
implementation of the plan are not being properly utilized he will be authorized to
suspend execution of the micro management plan.
The forest officer will also make available training facilities
regarding raising and maintaining a forest nursery, tree plantation and forest and forest
management. He will train the VFC about how to keep the accounts of the works executed by
it. In brief, the aim of training is to make the VFRC competent for successful
implementation of the management plan. At that stage the department will release, directly
to the committee, the annual plan budget as required under the micro-management plan.
Facilities to be given by the State government
If after the prescribed review the DFO comes to the conclusion
that Village Forest Committee have made appropriate efforts for the implementation of the
approved management plan, he will issue a certificate to this effect to the committee ever
year. On issue of such certificates, the following benefits will be provided to the
villagers through "Village Forest Committee";
VFC will have full right over all non-nationalised minor forest
produce available from the allocated forest area in addition to produce obtained from
village resource area.
The VFC will be entitled to get fodder, fuelwood, small timber
(poles) bamboo and other produce obtained from the allocated area given under
micro-management plan.
The VFC shall organize collection and delivery of all the
nationalised minor forest produce produced on the allocated area and the village resource
area (excluding private lands) following conditions prescribed by the Govt. from time to
time. The VFC members will be entitled to only such collection charges, incentive,
remuneration, bonus, etc. as declared by the Govt. from time to time.
The micro-management plan shall prescribe the rotation on basis
of which the development allocated forest area will be worked. The committee will be
entitled to 30% of the produce obtained from final felling of natural or planted trees
including the timber logs, poles and fuelwood or it may request for 30% of the net sale
value of the produce obtained from final felling. The net value of the produce will be
reckoned as the spot value minus harvesting cost. The VFC shall distribute the produce
obtained from its members in an equitable manner. The VFC shall seek the approval of the
modality of equitable distribution of the forest produce from the forest officer.
Derecognition of the committee
If repeated adverse inspection reports are submitted by the
inspecting officer after reviewing the functioning of the committee, the DFO will inspect
the area himself. If the DFO comes to the conclusion that conflict cannot be resolved and
the committee cannot work as a viable agency, then he may submit a report, to the
conservator of forests , seeking his opinion about the feasibility of continuance of the
committee.
After obtaining concurrence of the conservator of forests, DFO
will issue a notice to the Chairman of the committee clearly spelling out the omission and
commissions of the committee and direct the FPC to show cause why the recognition granted
to the VFC should not be withdrawn. The notice will also specify the consequences in the
event of derecognition of the committee.
If the committee fails to satisfactorily explain the cause of
its failure and also fails to assure the DFO about improvement in its functioning then the
DFO may pass necessary orders withdrawing recognition. It will be necessary for the DFO to
describe in this order the consequences that will follow after the issuance of the order.
The VFC will have the right to appeal to the conservator of
forests against the order pass by the DFO within a period of 1 month. On the receipt of
this appeal, the CF shall carry out independent assessment of the FPCs functioning. He
shall also consider the possibility to improvement in functioning of the VFC.
While deciding the appeal, CF may take resource to the following
alternatives ;
He may stay the derecognition orders passed by the DFO and give
a reasonable time to the committee for improvement in its functioning. On expiry of such
time if the conservator of forests concludes that there is a definite improvement in the
functioning of the committee then he may set aside the DFO’s order and direct the DFO
to recognize (register) the VFC.
He may confirm the DFO’s order if he feels that the
inherent conflict among the VFC members cannot be resolved and the committee eventually
will not be in position to perform satisfactorily.
If considered necessary the State government may issue an order
in respect of the execution of a formal agreement between the committee and the forest
department regarding the above and any other conditions. On issuance of the order, the DFO
will be responsible for compliance of the prescribed conditions and execution of agreement
with the committee. The State government will have the right to issue instruction in
respect to different issues involved in the above resolution from time to time.
Forest Protection Committee (FPC)
Village level Forest Protection Committees (FPC) will be
constituted in villages adjoining the well stocked forests. The main functions of the VFC
will be ; to enforce regulatory grazing, provide biological protection to closed areas and
prevention of theft, fires and encroachments. It will be the responsibility of the DFO to
ensure that the well stocked areas do not become degraded. Th ensure this it is necessary
to reduce the dependence of the fringe villages on the forests. Therefore, village
resource development plan (VRDP) will be prepared in each FPC. The allocated forest area
under each FPC shall continue to be managed under the existing working plan.
Area selection of FPC
Within the panchayats, the Divisional Forest Officer will select
on priority basis such forest areas, which are prone to illicit felling, heavy grazing,
fire, encroachment, etc. and where villagers are willing to offer their co-operation in
the protection of forests. The DFO, after considering the distance of the concerned
village from the selected forest area, the size of population and quantity of forest
produce required as usufructs, will constitute a Forest Protection Committee (FPC) for
each village and allot a specific forest area for each protection committee.
Constitution of Committee
Initially, preliminary meetings will be held in the selected
fringe villages and the concept of Joint Forest Management (JFM) will be explained to the
villagers. In case villagers are voluntarily willing to protect and manage the forests, a
meeting the chairmanship of the sarpanch/panch will be convened for the authorised of FPC.
On behalf of the department, Divisional Forest Officer or officer authorised by him but
not below the rank of a forest ranger, will participate in the meeting. If a minimum of 50
percent resident adults of the village attend the meeting and unanimously pass the
proposal, FPC be constituted for that village. One male and one female, from each
household will be member of the FPC. In the first meeting of the committee, members will
elect the Chairman and the Vice-Chairman whose tenure will be one year.
Executive
The Executive Committee of the FPC will be constituted under the
chairmanship of sarpanch from among the resident members of the FPC as under:
The Chairman and Vice Chairman of the FPC will also act as
Chairman/Vice-Chairman of the Executive Committee.
Minimum of 2 women members.
Minimum of 2 members from the landless families (male or
female).
In addition the following will be the Ex-officio members of the
Executive Committee.
All selected nominated sarpanch and panch./
The beat guard of forester in charge of the allocated forest
area, who will also act as secretary. The secretary will convene the meetings of FPC and
executive as and when necessary and will record the proceedings in a register.
Any one resident teacher nominated by the FPC.
The members of the executive (except ex-officio members) will be
nominated by consensus by the members of the FPC. The term of the Executive Committee will
be for the period of one year.
All members of the Executive Committee will compulsorily be
resident inhabitants of the village concerned.
Approval of the divisional officer will be the essential for the
constitution of each FPC. The DFP will approve and issue recognition letter to the
Chairman of the committee giving the registration no. date and year.
The ex-officio secretary, in consultation with Chairman, will
convene meeting of the executive and record the proceedings in a register.
In the absence of the Chairman in a meeting, members will
unanimously propose someone to preside as Chairman.
Duties and responsibilities of the FPC
The Forest Protection Committee will be entirely responsible for
the full protection of the forest area allocated to the committee.
The Forest Protection Committee shall prevent any attempt of
illegal cutting, encroachments, illegal grazing, fire and theft of forest produce or
damage to forests. For this purpose Forest Protection Committee will perform its
protective function through its members.
The Forest Protection Committee shall ensure equitable
distribution of benefits derived from allocated forest area and village resources.
Forest Protection Committee shall assist forest officer in
apprehending the culprit and ensure safety of produce involved in the offence. The
offenders apprehended by the committee and forest produce will be immediately handed over
to the concerned forest officer. The Forest Protection Committee shall provide required
assistance to the forest officer in investigation of the offence including prosecution of
the offender in judicial court.
On the report of any illegal cutting of tree or any other
offence committed by any member of the Forest Protection Committee, the concerned forest
officer will take immediate action and may request the committee to debar him from the
membership of the committee.
If any member of the Forest Protection Committee is found
guilty, action can be take against him as desired by the committee, which can include the
termination of his membership from the Forest Protection Committee.
Duties and responsibility of the forest officer
the forest officer will extend his full co-operation and
guidance to FPC in preparation and implementation of the village resource development plan
(VRDP).
The forest officer will also make all efforts to arrange for the
funds required for the implementation of the plan annually.
The Divisional Forest Officer or an officer authorized by him
will carry out quarterly review of the functioning of the FPC. After such review if it is
found that efforts made by the FPC are not adequate then the inspecting officer shall
issue a notice to FPC about the areas of deficiencies and action required to be taken by
FPC. He will also simultaneously send a copy of the inspection to the DSO/DFO.
Facilities to be given by the State government
In lieu of protection, forest based bona fide Nistar
requirements of the members of FPC will be met on priority basis, subject to availability
of the forest produce in the adjoining areas, without charging any royalty.
