No. 2008/14 PB.V./97-109/93 dated Lucknow
30.8.1997
THE UTTAR PRADESH VILLAGE FORESTS JOINT MANAGEMENT RULES, 1997
Short Title, Application and Commencement
1. (1) These rules may be called the Uttar Pradesh Village Forest Joint
Management Rules, 1997.
They shall apply to such village forests in Uttar Pradesh as are not governed by
the Uttar Pradesh Panchayati Forest Rules, 1976.
They shall come into force with effect from the date of their publication in the
official gazette.
Definition
In these rules unless there is anything repugnant in the subject or context
-
"Act" means Indian Forest Act, 1927 as amended in its application to
Uttar Pradesh.
"Forest Panchayat" shall have the meaning assigned to it in the Uttar
Pradesh Panchayati Forest Rules, 1976;
"Form" means a Form appended to these rules;
"Governor" means the Governor of Uttar Pradesh;
"Government" means State Government of Uttar Pradesh;
"Gram Sabha", "Gram Panchayat", "Pradhan",
"Up-Pradhan", "Panchayat area", "Village" shall have the
meanings respectively assigned to them in the United Provinces Panchayat Raj Act, 1947;
"Microplan" means the scheme of management of a village forest;
"Sarpanch" means the Sarpanch of a Forest Panchayat;
"Village community" means such persons as are registered in the
electoral rolls relating to village;
"Village committee" means a Village Forest Committee or Forest
Panchayat, as the case may be;
"Village Forest Committee" means a committee constituted under
sub-section (6) of Section 29 of the United Provinces Panchayat Raj Act. 1947 for the
purposes of these rules;
"Village Forest" means a village forest referred to in Section 28 of
the Act.
Joint Management of Village Forest
3. (1) Subject to the supervision, direction, control and concurrence of the
Divisional Forest Officer, a village forest shall be
managed jointly by the village forest committee and such officers of the forest
department as are nominated in this behalf by the Divisional Forest Officer, on the terms
and conditions specified in the Form - 1.
If the Forest Panchayat, by resolution, decides that Panchayati
Forest under its management, be managed in accordance with these Rules, the Panchayati
Forest, in such situation, shall, subject to the supervision, direction, control and
concurrence of the Divisional Forest Officer, be managed jointly by the Forest Panchayat
and such officers of the Forest Department as are nominated in this behalf by the
Divisional Forest Officer, on the terms and conditions specified in Form - 1 and the
provisions of the Uttar Pradesh Panchayati Forest Rules, 1976 shall cease to apply in
respect thereof.
Functions and Duties of the Village Committee
The duties of the Village Committee shall be -
to prepare a five year microplan and annual implementation plan
for the village forest and place the same before
village community for its approval.
to prevent destruction of trees;
to ensure that no encroachment takes place in the village forest
and no forest land is used in contravention of the provisions of the Act;
to ensure preservation of wildlife;
to preserve and maintain boundary pillars;
to abide by the approved microplan and carry out the directions
of the Divisional Forest Officer;
to utilise Forest Produce to the advantage of the village
community;
to close annually at least 20 per cent of the village forest for
grazing unless otherwise permitted by the Divisional Forest Officer;
to protect the village forest and plantations thereon from
illicit fellings, lopping and other kind of damage and fire;
to fell only those trees which are silviculturally available and
approved by the Divisional Forest Officer;
to perform such other functions including maintenance of
records, documents and accounts of income and expenditure in such manner as many be
directed by the State Government.
Power of the village Committee
A village committee shall be deemed to be a Forest Officer
for the purposes of these rules and shall exercise the following powers with respect to
the village forest assigned to it.
(i) to institute and defend suits and proceedings in respect of
claims arising under these rules;
to make local sale of forest produce without detriment to the
forest and to issue permits and charge fees for grazing or cutting grass or collection of
fallen fuel if considered necessary.
Provided such an exploitation has the prior approval of the
Divisional Forest Officer and made for the bona fide domestic use of right holders;
Provided further that the permission of the Divisional Forest
Officer would not be necessary for allowing grazing or cutting of grass or collection of
fallen fuel.
to extract and sell resin in accordance with the provisions of
the Uttar Pradesh Resin and other Forest Produce (Regulation of Trade) Act, 1976;
to regulate grazing and admission of cattle into the village
forest;
to impound cattle entering into the village forest and to detain
them upto forty eight hours if such cattle are not covered under permits issued by the
Village Committee..
to exclude a person, who, in the opinion of a village committee,
is responsible to cause any damage by fire or otherwise to the village forest, from all or
any privileges in the village forest;
to seize all tools or weapons used in committing forest offences
within the village forest.
Preparation of Microplan and Annual Implementation Plan
6. (1) A microplan for a period of five years shall be
prepared for the management and protection of a village forest by the
Village Committee with the assistance of forest officials, in
such manner as may be directed by the Forest Department. The microplan shall be placed
before the village community for its approval before it is finally sanctioned by the
Divisional Committee constituted under Rule 7.
The Village Committee shall prepare every year an Annual
Implementation Plan in Form 2 for the management and development of village forest on the
basis of the sanctioned microplan and submit it to the Range Committee constituted under
Rule 7. The Range Committee shall place the Annual Implementation Plan before the
Divisional Committee on or before the first day of September in every year.
Constitution and Functions of Various Comittees
7. (1) There shall be a Range Committee for village forests
in each range. The Range Committee shall consist of the
following members :
Pramukh of the concerned Kshetra Panchayat – Ex officio
Chairman.
One member from amongst women Pradhans of the Gram Panchayats in
the concerned Khand nominate dby the Pramukh of the concerned Kshetra Panchayat –
Member.
One member from amongst Pradhans of the Gram Panchayats in the
concerned Khand belonging to the Scheduled Castes / Scheduled Tribes nominated by the
Pramukh of the concerned Kshetra Panchayat – Member.
One member from amongst Pradhans of the Gram Panchayats in the
concerned Khand nominated by the Pramukh of the concerned Kshetra Panchayat – Member.
One member nominated by the Divisional Forest Officer from
amongst residents of the range – Member.
Range Forest officer of the Range – Member Secretary.
There shall be a Divisional Committee for village forests in
each division. The Divisional Committee shall consist of the following members :
Divisional Forest Officer of the Division – Chairman
One person from amongst residents of the Division nominated by
Adhyaksha, Zila Panchayat – Member.
The Assistant Conservator of Forests / Sub –Divisional
Officer in-charge of the spearhead team – Member.
One person from amongst member of voluntary organisations
nominated by the Divisional Forest Officer – Member
One officer from amongst Assistant Conservators of
Forests/Sub-Divisional Officers in the Division nominated by the Divisional Forest Officer
– Member – Secretary.
The Range Committee shall meet at least once in every month and
the Divisional Committee shall meet at least once in every four months. The quorum of the
meeting shall be one third of the members. For attending a meeting, only the bus fare will
be admissible to non-official members from the place of their residence to the place of
the meeting. All expenditure in regard thereto shall be incurred from the budget of the
microplan.
The Range Committee shall :
examine and consolidate the Annual Plan for the Village Forest
in the Range.
Inspect, supervise and verify the works done by the Village
Committee.
Inspect account book and other records maintained by the Village
Committee and take assistance of the concerned Range Officer.
ensure that all the Village Committees in the Range are
discharging the duties and exercising the powers assigned to them properly, equitably and
justly. In case of any default the Range Committee shall intervene promptly and report the
matter to the Divisional Forest Officer.
Submit budget proposals to the Divisional Committee in
accordance with the instructions issued by State Government in this behalf.
Discharge such other duties as may be assigned by the Divisional
Forest Officer.
The Divisional Committee shall :
examine and approve the microplan for the village forest;
supervise and monitor the works of Village Committees and Range
Committees;
perform such other functions as may be directed by the
Divisional Forest Officer and the State Government.
Procedure for Transaction of Business of Village Committee,
Range Committee and Divisional Committee
8. (1) A Village Committee shall meet at least once in every
month at such time and place as may be appointed by the
Chairman of the Village Committee
All matters which come up before a village committee, Range
Committee or Divisional Committee shall be decided by a majority of the members present
and by voting.
The Chairman of Village Committee, Range Committee or Divisional
Committee, as the case may be, and in his absence, a member duly elected in this behalf by
the members present in the meeting, shall preside over the meetings of the village
committee, Range Committee or Divisional Committee, as the case mey be.
A prior notice of at least seven days of the meeting of a
village committee, and of fifteen days for the meeting of the Range Committee and
Divisional Committee, shall be given to the members of the concerned Committee.
Two third members shall form quorum of the village committee.
All the decisions of a village committee, Range Committee or
Divisional Committee shall be recorded in a minute book to be kept for the purpose.
Funds
9. For the management of the village forest under these
rules, the Village Committee shall arrange funds. As far as
possible the funds shall be arranged from the Government and
non-Government sources including contributions by the village community and through the
income under Rule 11. Whenever the Government provides fund for the management of the
village forest, it shall be released in instalments by the Divisional Forest Officer in
accordance with the orders of the Government issued in this behalf from time to time.
Operation of Accounts
10. (1) The funds referred to in Rule 8 and all other money
received shall be deposited in the name of the concerned Village
Committee in a Nationalised Bank, Scheduled Bank, Co-operative
Bank or Post Office and shall be operated jointly by the Chairman and Member –
Secretary of the Village Committee.
All withdrawals from the Bank shall be made with the prior
approval of the village committee and details of the amount withdrawn and the expenditure
incurred shall be placed before the Village Community in its next meeting.
The procedure for incurring expenditure and its accounting shall
be in accordance with the orders issued by the State Government from time to time.
Accounts and Audit
11. (1) The village committee shall maintain proper accounts
and other relevant records and prepare an annual statement of
accounts in accordance with the directions of the Government
The accounts of a Village Committee shall be audited by the
Director of Accounts, local bodies, Uttar Pradesh.
Apportionment of Income
12. (1) The apportionment of the income out of sale of
forest produce, and through fees, permits, compensation and other
means under these rules shall be made in the following manner :\
(i) The share of the village community in the income after
deducting the cost of investment and after meeting
rights and privileges shall be fifty per cent subject to the
maximum of Rs. 50,000 in a year calculated from the date of the agreement referred to in
Rule 3.
Provided that not more than fifty per cent of the share of the
income of the village community shall be distributed to the members of the village
community and remaining fifty per cent amount shall be spent on the community works
including recycling of funds for the management of village forest.
After apportionment of the income to the village community under
Clause (i) the rest of the income shall be apportioned to the owner of the land;
Provided that half of the amount referred to in this clause
shall be spent for the development of the village forest.
Form – 1
(See Rule 3)
Agreement between the Governor of Uttar Pradesh and Village
Forest Committee/ Forest Panchayat for Village Forest
An agreement made this ...............day
of..........19-/20---between the Governor on the one part and ........Village Forest
Committee/Forest P;anchayat (hereinafter called the beneficiary) on the other. Whereas the
beneficiary has requested the Divisional Forest Officer (hereinafter called the Forest
Officer) and agreed to manage the land described in annexed Schedule I as per the
provisions of the Uttar Pradesh Village Forest Joint Management Rules, 1997; and whereas
the Forest Officer has satisfied himself, after making such inquiries as are deemed
adequate and proper, and whereas the Forest Officer and beneficiary have agreed upon the
mutual assurances and undertaking hereunder contained to enter into the contract the
agreement witnesseth as follows :
That the beneficiary agrees to manage the land described in the
annexed Schedule in accordance to the Uttar Pradesh Village Forest Joint Managment Rules
1997 and other instructions issued by Uttar Pradesh State Government and Uttar Pradesh
Forest Department in this regard from time to time.
That this agreement will be valid for a period of five years
from the signing of this contract or till further extended by the mutual consent of both
the beneficiary and the Forest Officer.
That the beneficiary abides to perform and accept all the
functions and duties alloted to them and also not to perform any such activity prohibited
under Uttar Pradesh Village Forest Joint Management Rules 1997.
That the Forest Officer will provide or arrange for training to
the villagers as nominated by the beneficiary in the forest management techniques.
That if the beneficiary fails to carry out any of the directions
issued by the Forest Officer for the Forest management or any of its obligation which the
beneficiary is bound to discharge, the Forest Officer shall carry out at his discretion
any or all the works regarding forest management departmentally and no payment for such
activity will be made to beneficiary : Provided, sufficient reasons for this cause to be
mentioned in writing and duly approved by Divisional Committee constituted under the Uttar
Pradesh Joint Management Rules 1997.
That this Agreement will not result in any change in the
ownership of the land and would continue to be the same as it was prior to signing this
agreement.
That the Uttar Pradesh Village forest management Rules 1997
shall form a part of this agreement. A copy of the rule is annexed herewith duly signed by
us on every page in proof / evidence of our having read / understood the same in letter
and spirit and we accept all the terms and conditions laid in it.
That all the disputes and differences arising of or any way
touching or concerning this agreement whatsoever shall referred to the sole arbitration of
the concerned Conservator of Forests. The award of such arbitrator shall be final and
binding on both the parties.
In witness whereof, that the parties to this agreement have
hereunto set and subscribed their handseal on the dates hereinafter mentioned
respectively.
Schedule – 1
Area Descriptions
Name of village forest committee
District / Division
Police Station
Village / Post Office
Range
Legal status of land of the village forest
Area (in hectares)
Boundaries North East
South West
Signature of the Representatives of villagers Signature of
witnesses
Forest committee/Forest Panchayat
Serial Name and Signature Serial Name and Signature
Number Address Number Address
Signature of Forest Officer
Serial Number Post Name Signature
Form 2
Annual Implementation Plan of the village forest of..........
For the Financial year...........
Identity :
Name of Division
Name of Sub-Division
Range
Beat
Name of Village Forest Committee/Forest Panchayat
Block
Tehsil
District
Target of the year
