G.O. No. 342 dated 8.8.1997
1. Objective
The national forestry envisages people’s involvement in the
development and protection of forests. The government of Tamil Nadu stand committed to
involve local people in reforestation and protection of degraded forests and to share with
them the sustainable benefits from these forests. This arrangement will be known as
"Joint Forest Management" and the involvement of people will be ensured through
village forest council. In case the land belongs to government, the approval of the
concerned district, collector shall be obtained and in case of lands within the
jurisdiction of the panchayats, the approval of the concerned panchayat shall be obtained
before implementing the projects.
2. Selection of Area
The unit of management under joint forest management will be a
hamlet/group of hamlets/entire village, the abuttant degraded forest, community and
private lands so as to make it a cohesive and manageable unit. The unit of management will
also be on watershed basis. The area covered under each unit of management will be decided
by district/divisional forest officers concerned in consultation with local communities
and the local field staff of the forest department.
3. Village Forest Council
3.1 In each of the identified management unit, the people's
representative body called village council(VFC) will be formed which will be fully
involved in the planning and execution of works, protection, harvesting and benefit
sharing in the management unit with focus on the degraded forest. the forester concerned
will initiate the process of formation VFC.
3.2 The VFC will have as its members, one male member and one
female member from each household provided that they are willing. The forester/ranger
district forest officer/divisional forest officer concerned will explain the concept of
joint forest management to the villagers and motivate the maximum number of people to
become members of VFC. VFC membership annual non-refundable fee will be Rs. 1 and Rs. 2
for other categories. Any person who opts out from the membership VFC will not be entitled
to any benefit.
3.3 The forester/ranger/district forest officer/divisional
forest officer concerned will conduct participatory rural appraisal (PRA) exercises with
the members of VFC and decide the basic thrust areas of the management unit consultation
with the members of the VFC
3.4 The VFC will meet as and when called for but in any case, at
least once in three months.
4. Executive committee
4.1 Each VFC will elect an "Executive Committee" in
such a manner that one hamlet elects at least two members one of whom is a woman. Each VFC
will elect a minimum of 5 (five) and a maximum of 15 (fifteen) members to the executive
committee. The village panchayat members of the management unit will be co-opted as
ex-officio members of the executive committee. The members of EC (both elected and
ex-officio) will elect its president from among themselves, who will also be ex-officio
president of VFC. The forest ranger concerned who will be the member secretary of the EC
will also facilitate the election process of the members and president of EC.
4.2 In necessary, the district forest officer/divisional forest
officer concerned may nominate one representative of a development department of the
government and NGO as member of EC.
4.3 The term of EC will be five years or till the completion of
the project period. It will meet at least once in a month.
4.4 The EC will be responsible for day to day activities of the
VFC.
4.5 Constant efforts will be taken by EC to bring about
unanimity in its decisions. However, in case of difference of opinion, the decisions of
the EC will be taken be majority vote of the members present (elected members and
ex-officio members)
4.6 The member secretary (MS) will prepare the micro watershed
plan for the management unit, after consultation with the members of village forest
council. After preparation, the micro plan will require formal approval of the EC and then
the technical approval of district forest officer/divisional forest officer concerned.
4.7 As per the micro plan so approved, the member secretary will
prepare the detailed estimates, for various items of works to be executed, based on forest
schedule of rates/public works department standard schedule of rates/agricultural
engineering standard schedule of rates and get them sanctioned by district forest
officer/divisional forest officer or conservator of forests, depending on the financial
powers vested with district forest officer/divisional forest officer and conservator of
forests.
4.8 For executing the works as per the sanctioned estimates, the
forest ranger (Member secretary ) will submit fund application to district forest
officer/divisional forest officer. In the fund application, the signature of the president
of the VFC will be obtained by the member secretary in order to keep him informed about
the details of the works to be undertaken. District/divisional forest officer will about
the details of the work to be undertaken. District/divisional forest officer will release
the funds to the forest ranger for taking up the works. Subsequent funds will be released
only after the receipt of the accounts for the previous funds released and such accounts
should be signed by both the president and MS. The expenditure incurred for works should
be for those items for which the funds were released by the district forest
officer/divisional forest officer unless prior written permission of the district forest
officer/divisional forest officer is taken for the deviation and the amount of money
released for each item should no be exceeded without prior written permission of the
district forest officer/divisional forest officer.
4.9 The execution of works will be done by MS with the
assistance of the foresters working under him by engaging local people on muster roll. In
case, adequate local labour is not available for engaging muster roll any other system as
prescribed in Tamil Nadu forest code/Tamil Nadu Financial code (petty contract or
scheduled contract etc.) as decided by EC/VFC may be followed. In execution of works and
in rendering accounts the MS will follow the Tamil Nadu forest code. Tamil Nadu financial
code, Tamil Nadu accounts code and the existing rules and regulations in force, in respect
of items which are not especially mentioned in these guidelines.
4.10 The EC can also impose fines against erring
individuals/hamlets for illicit removal of firewood or illicit grazing of cattle. The fine
amount collected will be credited to the village forest development fund to be created for
the village forest council. If persuasive efforts fail, it may request the
district/divisional forest officer council. If persuasive efforts fail, it may request the
district/divisional forest office concerned to invoke the provisions of forest act for
protecting the management unit.
4.11 The EC will have the right to expel any of its member or
member of VFC after providing an opportunity of defence.
4.12 The EC if need be, may constitute sub-committees from among
its members, for any specific purpose.
5. Benefit Sharing.
5.1 Sharing the sustainable benefits from the degraded forests,
government lands and community lands lying within the management unit, with the members of
VFC and among them is the most important component of JFM scheme. The guiding principle of
this benefit sharing will be equitable distribution and the individual beneficiaries will
be decided by the EC bearing in mind the parameters outlined in paras 5.2.1 to 5.2.4
5.2.1 District/divisional forest officer will conduct sample
survey of the unit of management and decide about the quantity of firewood available for
supply to landless and poor households. Firewood for their own use to the extent possible
will be supplied free of cost to poor and landless households, subject to the availability
on sustained basis.
5.2.2 Fodder and greenleaf manure will be given free of cost to
members of VFC except big farmers, subject to availability. Sustainable quantities of
fodder and greenleaf manure, etc. available will be decided by the district/divisional
forest officer from time to time and will be given free of cost.
5.2.3 Grazing will be allowed free of cost depending on the
carrying capacity except in regeneration areas which will be closed for grazing for 3
years. The carrying capacity will be decided by the District forest officer.
5.2.4 All non wood forest produce (minor forest produce) for
domestic consumption will be given free of cost to be members of VFC subject to
availability. Any surplus quantity will be sold by EC sustainable NWFP available will be
decided by district divisional forest officer. Any other sustainable yield from the
management unit as decided by district / divisional forest officer will be sold by EC. The
sale proceeds so received will be distributed equitably among the member of VFC by the EC
after remitting 25% (twenty five percent) to village forest development fund.
5.2.5 Surplus benefits likely to be available from the
management unit can be extended to others by the district/divisional forest officer in
consultation with VFC..
6. How VFC Finances are managed
6.1 A joint account in the name of the VFC will be opened in a
local or nearest bank or post office with the president and member secretary as
signatories. All the VFC funds will be kept in this account. The president and member
secretary will together be responsible and accountable to the VFC for all financial
transactions.
The member secretary will be specifically responsible for the
proper maintenance of accounts and shall have in his/her possession all records relating
to cheque book and a record of harvest, sale and share of JFM produce with a list of
beneficiaries.
The village forest development fund shall be maintained as
separate account head, into which will be credited:
25% (twenty five percent) of sale proceeds realised in
accordance with para 5.2.4
membership money
initial expenditure provided from the forest department.
Grants and loans obtained for JFM activities from authorized
sources as per the MOU.
Money levied as fines and penalties.
6.2 The village forest development fund created for the VFC will
be utilized for any contingent or ancillary expenditure by the EC. Accounts of the village
forest development fund will be maintained by MS which will be audited by the
district/divisional forest officer annually.
7. Decisions of EC to be placed before VFC
The president of EC will inform the VFC once in three months, of
the decisions taken/activities undertaken by EC and a general consensus obtained.
8. Monitoring
8.1 The district/divisional forest officer concerned will
monitor the functioning of the EC of the VFC in his jurisdiction and send monthly report
to the conservator of forests. He will also have the authority to disband the committees
and order for reconstitution if in his view, the committees are not discharging their
duties properly. He will do so only after giving adequate opportunities to the committee
members, except the member secretary who may be dealt with under disciplinary rules. He
will also be the appellate authority against the orders of EC expelling a member of
EC/VFC.
8.2 The conservator of forests is the appellate authority whose
decision on the appeals against the district/divisional forest officers order will be
final. The conservator of forests will also send monthly report on the working of these
committee, benefit sharing system and village forest development fund to the chief
conservator of forests.
8.3 The chief conservator of forests (TAP) or any other chief
conservator of forests incharge of TAP will take up review once in three months on the
reports of the conservator of forests. The chief conservator of forests will have
supervisory control and will be empowered to modify any of these guidelines, include or
exclude specific items of non wood forest produce and other forest produce to suit
specific local conditions subject to a report to the government through the principal
chief conservator of forests.
Memorandum of understanding (MOU) between the forest
department and the village forest council (VFC) …………….. village
for Tamil Nadu afforestation project implementation.
Parties :
The following MOU is entered between the two parties viz forest
department and village forest council (VFC) ……… village
First party
Tamil Nadu forest department represented by the
district/divisional forest officer…………. Division of
…………. Circle and his successor in office having the office
at………..
Second party
Represented by the president of the village forest council (VFC)
…………… village and his successor in office having the address
……………
Objectives
To evolve an effective joint forest management (JFM) system with
local communities by the Tamil Nadu forest department through village forest council (VFC)
To conserve and develop natural forests with the vast variety of
flora and fauna in and around the …….. village (management unit) through village
forest council (VFC)
To involve local people through village forest council (VFC) in
planning, planting, protection, harvesting, managing and benefit sharing in management
unit with focus on degraded forests.
Creating public awareness in the management unit for better
report and motivation towards JFM through village forest council (VFC)
Providing incentives for tree cultivation on private lands in
the management unit.
Promoting home stead, farm stead and community planting through
village forest council (VFC) to increase the green cover of the state besides improving
peoples life support and environment.
Th ensure flow of employment generation and benefits to local
people living in the management unit.
The area of operation/status
The map of the management unit comprising programme
village/villagers including reserved forests, reserved land, patta and community lands,
clearly demarcating each, should be furnished at this para.
Extent of the management unit
Reserved forest
………………………. Ha
Reserved lands
………………………. Ha
Community lands
………………………. Ha
Patta lands
………………………. Ha
Boundaries of the management unit to be specified
North boundary
…………………………..
South boundary
…………………………..
East boundary
…………………………..
West boundary
…………………………..
Organization and activities
Each management unit will have a village forest council and both
the parties agree to abide by the guidelines for implementation of JFM in Tamil Nadu as
approved by the government of Tamil Nadu in G.O.Ms. No. ………… E & F
dept dt……….. 97. These guidelines are appended in this MOU and DFO should
affix their signature in the annexure as taken of their agreement.
Responsibility and role of the forest department
To utilise the cooperation of non governmental organizations
(NGOs) and the local community to the best advantage in involving an effective joint
forest management technique in the management unit (programme village/villages)
To conduct PRA exercises in the programme village and create
awareness among people regarding forests, ecology and environment.
To provide technical guidance and advise the local community in
the implementation of Tamil Nadu afforestation project.
The forest ranger (member secretary of VFC) will prepare the
micro plan with the advice of the VFC and get the approval from the district/divisional
forest officer concerned. The required funds will be released for the various works
prescribed in the micro plan.
To exercise disciplinary control over member secretary to
executive committee. Any misconduct, financial or otherwise on the part of member
secretary will be dealt with under Tamil Nadu civil services (discipline and
appeal)…… rules. Appropriate action will be taken immediately against the member
secretary, by the district/divisional forest officer, if any irregularity in execution of
work, both in quality and quantity is brought to his notice.
The concerned district/divisional forest officer will frequently
inspect the works executed by the member secretary and ensure correctness of the quantity
and quality of works. The concerned district/divisional forest officer will also
check/measure the works the works of member secretary as per the norms of the forest
department. Superchecking of works executed by member secretary will be done by
conservator of forests as per norms of forest department.
The district/divisional forest officer will closely monitor the
involvement and the cooperation of the VFC in executing the TAP works and orient them in
the proper way. He will also send a monthly report in this regard to the conservator of
forests.
The district/divisional forest officer shall have the authority
to disband the committees which are not discharging their duties properly. He will do so
only after giving adequate opportunities to the committee members.
The district/divisional forest officer will also lend his advice
in the use of the reserve fund.
The district / divisional forest officer will also be appellate
authority against the orders of the EC expelling a member of EC/VFC.
Responsibilities and role of the village forest council
To extend co-operation to the forest department in evolving an
effective joint forest management for the management unit with active participation of the
local community.
To actively participate in the afforestation activities by
arranging required labourers and protecting the aforested area from cattle grazing,
illicit cutting forest fire, etc.
To abide by the guidelines for implementation of JFM in Tamil
nadu as approved by government of Tamil Nadu in G.O. Ms No…….. E & F
dept…… dated….97.
To agree to transfer unspent amount at the close of the
financial year to the forest department account.
To agree to produce accounts, vouchers for audit to an officer
not below the rank of district forest officer or a representative of overseas economic
co-operation fund (OECF) Japan.
Member of VFC/EC are free to bring to the notice of its
president or the district forest officer, any irregularity in the execution of works who
will take immediate remedial measures.
The VFC shall have the power to expel the members of VFC/EC if
the member is found to be erring from his responsibilities.
The VFC will decide about the sharing of benefits.
The VFC will arrive at a consensus in the utilisation of reserve
fund for the benefits of the village. It will send the accounts to the district forest
officer.
The VFC of the village. It will send the accounts to the
district forest officer.
The VFC will convene the general body meeting once in three
months and the members will be informed about the performance of the VFC.
Period of agreement
This agreement will be in force for a period of five years or
till the end of project period.
Immunity of Birth Civil and Criminal Acts
If one party commits any criminal misconduct or tort, that party
alone will be libel for such acts and other party will be totally immune from the
liability.
About suing or being sued
In the event of any litigation arising from third parties, the
member secretary is empowered to sue on behalf of both parties and can be used by third
parties and the legal expenses will be borne from the reserve fund.
