Whereas the Forest Department has taken
up a massive programme for "Resuscitation of Sal Forest of South-West Bengal"
with the objective to re-establish moribund sal and other hardwood forests in the
districts of Midnapore, Bankura, Purulia, Burdwan and Birbhum, for converting the areas
into productive forests;
Whereas active participation and involvement of local people are
vital for regeneration, maintenance and protection of aforesaid forest/plantations and
successful implementation of the programme.
Now, therefore, the Governor is pleased to decide that Forest
Protection Committees shall be constituted for this purpose and beneficiaries acting as
members of such committees shall be allowed, as a measure of incentive, 25 percent of the
usufructs subject to observance of the conditions provided in the Resolution.
The composition, duties and functions, the usufructary benefits
and restrictive measures pertaining to such protection committees shall be as follows :
Composition
1. (i) The Divisional Forest Officer in consultation with
"Bon-O-Bhumi Sanskar Sthayee Samiti" of the
concerned Panchayat Samiti shall select beneficiaries for
construction of Forest Protection Committee (s), within their jurisdictions and within the
framework of this Resolution.
The beneficiaries shall be identified from amongst the
economically backward people living in the vicinity of forests concerned;
To concerned Gram Panchayats (s) shall extend necessary support
and help to such committee (s) to ensure their smooth and proper functioning.
Each Forest Protection Committee shall have an Executive
Committee to carry out the various activities assigned to the Committee;
The composition of the Executive Committee shall be as follows :
Sabhapati or any member of the Bon-O-Bhumi Sanskar Sthayee
Samiti of the local Panchayat Samiti - Member
Gram Pradahay or any member of local Gram Panchayat (s) - Member
Elected representatives of the beneficiaries (not exceeding 6) -
Member
Concerned Beat Officer - Member Secretary.
The members of the Executive Committee shall elect the president
in each meeting.
Constitution of Forest Protection Committee including Executive
Committee will be approved by the Divisional Forest Officer concerned on recommendation of
the "Bon-O-Bhumi Sanskar Sthayee Samiti" to the concerned Panchayat Samiti;
The "Bon-O-Bhumi" Sanskar Sthayee Samiti" of the
respective Zila Parishad will monitor, supervise and review functions of the Forest
Protection Committee;
If any inclusion or change in the committee / executive
committee is necessitated, after initial constitution, the Executive Committee shall make
suitable recommendation to the Divisional Forest Officer concerned duly endorsed by the
"Bon-O-Bhumi" Sanskar Sthayee Samiti" of local panchayat Samiti, for
approval;
The Beat Officer as Member-Secretary shall convene the meetings
of the Executive Committee as well as Forest Protection Committee, as per scheduled
procedure.
The representatives of the beneficiaries to the Executive
Committee shall be elected in each year in annual general meeting of the committee, where
the concerned Range Officer shall be the observer.
Duties
2. (i) The Forest Protection Committee shall maintain a
register showing necessary particulares of beneficiaries as well as
members of the Committee, e.g. name, father's name, address,
age, number of family members, name of nominee, etc. The nomination forms duly filled in
and approved by the Executive Committee should be pasted in the register. Such registers
are also to be maintained in the concerned Range Offices of the Forest Department for
permanent record;
The Forest Protection Committee shall maintain a minutes book
wherein proceedings of the meetings of the Executive Committee held from time to time as
well as the proceedings of the annual general meeting of the Forest Protection Committee
will be recorded under the signature of the president of the Committee and such minutes
duly attested shall be sent to the concerned Range Officer for record;
The Forest Protection Committee shall hold an annual general
meeting once every year where activities of the Committee as well as details of
distribution of usufructary benefits are to be discussed, besides electing representatives
of the beneficiaries to the Executive Committee.
Functions
3(a) (i) To ensure protection of forest(s)/plantations(s)
through members of the Committee;
To protect the said forest(s)/plantation(s) with the members of
the Committee;
To inform forest personnel of any person or persons attempting
trespass and wilfully or maliciously damaging the said forest(s) / plantation(s) or commit
theft thereon;
To prevent such trespass, encroachment, grazing, fire, theft or
damage.
To apprehend or assist the forest personnel in apprehension of
such person or persons committing any of the offences mentioned above.
(b) (i) To ensure smooth and timely execution of all forestry
works taken up in the are under protection by the Committee;
To involve every member of the Committee in the matter of
protection of forest (s) / plantation(s) as well as other duties assigned to the
Committee;
To assist the concerned forest official in the matter of
selection/ engaging of labourers required for forestry works;
(c) (i) To ensure smooth harvesting of the forest produce by the
Forest Department;
To assist the concerned Forest Official in proper distribution
of the earmarked portion (i.e. 25% of net sale proceeds) among the members of the
Committee (as per list maintained by "Sthayee Samitee".
To ensure that usufructuary rights allowed by the government is
not in any way misused by any of the members and forest/plantation sites are kept free
from any encroachment whatsoever.
(d) (i) To prevent any activities in contravention of the
provisions of Indian Forest Act of 1927 and any Acts and Rules made
thereunder :
To report about activities of a particular member which are
found prejudicial and detrimental to the interest of particular plantation and/or forest
to the concerned Bet Officer/Range Officer, which may result in cancellation of membership
of the erring member;
To assist the Forest Officials to take action or proceed under
Indian Forest Act of 1927 and any Acts and Rules made thereunder, against the offenders,
including any erring member of the Committee found to be violating the Act or damaging the
forest/plantation.
Usufructuary Benefits
4. (i) The members will have to protect the
forest/plantation for at least 5 years to be eligible for sharing of usufructs under
this programme.
The Forest Official in Consultation with the Executive Committee
and with the approval of the Bon-O-Bhumi Sanskar Sthayee Samiti of the concerned Panchayat
Samiti will distribute to the eligible members his proportionate share of usufructs from
the harvesting, not before 10 years upon satisfactory performance of functions detailed
herein before.
The members shall be entitled to collect following items free of
royality without causing any damage to forest/plantation :
Fallen twigs, grass, fruits, flowers, seeds (excluding cashew)
etc.
One fourth of the produce obtained as intermediate yield from
RDP coppicing, multiple shoot cutting, thinning etc. and also 25 per cent of the net sale
proceeds of cashew where available to be shared proportionately;
This will not in any manner extinguish the rights and privileges
already granted to the members of the scheduled tribes by the State Government in their
Order No. 2001-For. Dated 20.4.81 and/or may be granted in future.
Entire sal seeds and kendu leaves so collected shall have to be
deposited with the West Bengal Tribal Development Co-operative Corporation Ltd. Through
the local LAMPS and LAMPS will pay the members, in approved tariff, against their
individual collection;
The concerned Forest Official shall set apart 25 per cent of the
net sale proceeds at every final harvesting of the concerned plantation/ forest (i.e.
timber, pole, etc.) and shall pay to all eligible members or his nominee their
proportionate share out of the said earmarked funds as per para 4(ii) of the Resolution.
Termination of Membership, Dissolution of Committee, Appeal
etc.
5. (i) Failure to comply with any of the conditions laid
down hereinbefore as well as contravention of provisions of the Indian
Forest Act of 1972, or Acts and/or Rules made thereunder, may
entail cancellation of individual membership and/or dissolution of the Executive/Forest
Protection Committee, as the case may be by the officers of the Forest Department as
stated below :
The concerned Divisional Forest Officer, shall be entitled to
take appropriate action, even dissolution of any Executive/Forest Protection Committee, on
the grounds stated above on the recommendation of the Bon-O-Bhumi Sanskar Sthayee Samiti
of the concerned Panchayat Samiti.
The concerned Range Officer may be authorised by the Divisional
Forest Officer to take proper action, even termination of an individual membership on the
above mentioned grounds, on the recommendation of the Executive Committee of Forest
Protection Committee.
Appeal against any such penal action by the Range Officer may be
preferred to the concerned Divisional Forest Officer through local Panchayat Samiti;
Appeal against any such penal action by Divisional Forest
Officer may be preferred to the concerned Circle Conservator of Forest, through the
concerned Panchayat Samiti and the Zila Parishad, whose decision shall be final.
The State Government Modified its July 1989 orders with a new
Resolution (No. 5062-For/D/IS-16/88) dated 27th July, 1990 it is as follows
:
Composition
1. (i) The Divisional Forest Officer in consultation with
"Bon-O-Bhumi" Sanskar Sthayee Samiti" of the concerned
Panchayat Samiti shall select beneficiaries for constitution of
the Forest Protection Committee (s), within their jurisdictions, and within the framework
of this Resolution.
The beneficiaries ordinarily shall be economically backward
people living in the vicinity of the forests concerned. Every family living in the
vicinity of the forsts shall, however, have the option of becoming a member of the Forest
Protection Committee if such family including the female members is interested in the work
of protection.
The concerned Gram Panchayat (s) shall extend necessary support
and help to such Committee(s) to ensure their smooth and proper functioning :
Each Forest Protection Committee shall have an Executive
Committee to carry out the various activities assigned to the Committee.
The composition of the Executive Committee shall be as follows :
Sabhapati or any member of the Bon-O-Bhumi Sanskar Sthayee
Samiti of the local Panchayat Samiti as may be nominated by the Sabhapati - Member
Gram Pradhan or any member of Local Gram Panchayat(s) as may be
nominated by the Pradhan(s) - Member
Elected representatives of the beneficiaries (not exceeding 6) -
Member
Concerned Beat Officer - Member.
The member of the Executive Committee shall elect the president
in each meeting.
Constitution of the Forest Protection Committee including
Executive Committee will be approved by the Divisional Forest Officer concerned on
recommendation of the "Bon-O-Bhumi Sanskar Sthayee Samiti" of the concerned
Panchayat Samiti.
The "Bon-O-Bhumi Sanskar Sthayee Samiti" of the
respective Zila Parishad will monitor, supervise and review functions of the Forest
Protection Committee.
If any inclusion or change in the Committee/Executive Committee
is necessitated after initial constitution, the Executive Committee shall make suitable
recommendation to the Divisional Forest Officer concerned duly endorsed by the
"Bon-O-Bhumi Sanskar Sthayee Samiti" of the local Panchayat Samiti, for
approval;
The Beat Officer as Member-Secretary shall convene the meetings
of the Executive Committee as well as Forest Protection Committee, as per scheduled
procedure;
The representatives of the beneficiaries to the Executive
Committee shall be elected each year in Annual General Meeting of the Committee where the
concerned Range Officer shall be the observer.
Duties
2. (i) The Forest Protection Committee shall maintain a
register showing necessary particulars of beneficiaries who are
members of the Committee e.g. name, father's name address, age,
number of family members, name of nominee etc. The nomination forms duly filled in and
approved by the Executive Committee should be pasted in the register. Such registers are
also to be maintained in the concerned Range offices of the Forest Department for
permanent record;
The Forest Protection Committee shall maintain a minutes book
wherein proceedings of the meetings of the Executive Committee held from time to time as
well as the proceedings of the Annual General Meeting of the Forest Protection Committee
will be recorded under the signature of the President of the Committee and such minutes
duly attested shall be sent to the concerned Range Officer for records.
The Forest Protection Committee shall hold general body meeting
once every year where activities of the Committee as well as details of distribution of
usufructuary benefits are to be discussed, besides electing representatives of the
beneficiaries to the Executive Committee.
Functions
3.(a) (i) To ensure protection of forest(s)/plantation(s)
through members of the committee.
To protect the said forest(s)/plantations(s) with the members of
the Committee.
To inform forest personnel of any person or persons attempting
trespass and wilfully or maliciously damaging the said forests(s)/plantations(s) or commit
theft thereon.
To prevent such trespass, encroachment, grazing, fire, theft or
damage;
To apprehend or assist the forest personnel in apprehension of
such person or persons committing any of the offences mentioned above.
(b) (i) To ensure smooth and timely execution of all forestry
works taken up in the area under protection by the Committee;
To involve every member of the Committee in the matter of
protection of forest(s) / plantation(s) as well as other duties assigned to the Committee;
To assist the concerned forest official in the matter of
selecting/engaging of labourers required for forestry works.
(c) (i) To ensure smooth harvesting of the forest produce by the
Forest Department;
To assist the concerned forest official in proper distribution
of the earmarked kportion (i.e. 25% of net sale proceeds) among the members of the
commitee (as per list maintained by "Sthayee Samiti");
To ensure that usufructuary rights allowed by the government is
not in any way misused by any of the members and forest/plantation sites are kept free
from any encroachment whatsoever.
(d) (i) To prevent any activities in contravention of the
provisions of India Forest Act of 1927 and any Acts and Rules made
thereunder and the Wild Life (Protection) Act, 1972.
To report about activities of a particular member which are
found prejudicial and detrimental to the interest of particular plantation and/or forest
to the concerned Beat Officer/ Range Officer which may result in cancellation of
membership of the erring member.
To assist the Forest Officials to take such action or proceed
under Indian Forest Act of 1927 and the Wild Life (Protection) Act 1972 and any acts and
rules made thereunder, against the offenders, including any erring member of the Committee
found to be violating the Act or damaging the forest/plantation.
Usufructuary Benefits
4. (i) The member will have to protect the forest/plantation
for at least 5 years to be eligible for sharing of usufructs under
this programme.
The Forest Official in consultation with the Executive Committee
and with the approval of the "Bon-O-Bhumi Sanskar Sthayee Samiti" of the
concerned panchayat samiti will distribute to the eligible member his proportionate share
of usufructs from the final harvesting not before the crop attaining the age of 10 years,
upon satisfactory performance to functions detailed hereinbefore.
The members shall be entitled to collect following items free of
royalty without causing any damage to forests/plantations;
Fallen twigs, grass, fruits, flowers, seeds (excluding cashew)
etc. and leaves.
One fourth of the product obtained as inttermediate yield from
RDF coppicing, multiple shoot cutting, thinning etc. and also 25 per cent of the net sale
proceeds of cashew where available to be shared proportionately.
This will not in any manner, extinguish the rights and
privileges already granted to the members of the Scheduled Tribes by the State Government
in their Order No. / 2001-For. Dated 20.4.81 and/or may be granted in future.
Entire sal seeds, and kendu leaves so collected shall have to be
deposited with the West Bengal Tribal Development Cooperative Corporation Ltd. Through the
local LAMPS and LAMPS will pay the members in approved tariff against their individual
collection.
The concerned forest official shall set apart 25% of the net
sale proceeds at every final harvesting of the concerned plantation/forests (i.e. timber,
pole, etc.) and shall pay to all eligible members or their nominee their proportionate
share out of the said earmarked funds, as per para 4 (ii) of the Resolution.
Termination of Membership
5. (i) Failure to comply with any of the conditions laid
down hereinbefore as well as contravention of provisions of the Indian
Forest Act of 1927, or Acts and/or Rules made hereunder, may
entail cancellation of individual membership and/or dissolution of the Executive/Forest
Protection Committee, as the case may be, by the Officers of the Forest Department as
stated below :
To concerned Divisional Forest Officer, shall be entitled to
take appropriate action, even dissolution of any Executive/Forest Protection Committee, on
the Grounds stated above, on the recommendation of the "Bon-O-Bhumi Sanskar Sthayee
Samiti" of the concerned Panchayat Samiti.
The Range Officer concerned may be authorised by the Divisional
Forest Officer to take proper action, even termination of an individual membership, on the
above mentioned grounds on the recommendation of the Executive Committee of Forest
Protection Committee.
Appeal against any such penal action by the Range Officer may be
preferred to the concerned Divisional Forest Officer through local Panchayat Samiti;
Appeal against any such penal action by the Divisional Forest
Officer may be preferred to the concerned Circle Conservator of Forests through the
concerned Panchayat Samiti and the Zila Parishad whose decision shall be the final.
Resolution No. 8554- For of 15th November 1991
covering North Bengal
Whereas the Forest Department has taken up a massive
programme for resuscitation of the degraded forests of the State as a whole for converting
the areas into productive forests.
And whereas active participation and involvement of local people
are vital for regeneration, maintenance and protection of aforesaid forest/plantations and
successful implementation of the programme.
And whereas necessary resolution in this connection has already
been passed covering districts in South West Bengal.
Now, therefore, the Governor is pleased to decide that Forest
Protection Committees shall be constituted for the purpose of development and protection
of degraded forests in North Bengal plains area and beneficiaries acting as members of
such committee shall be allowed, as a measure of incentive of share of the usufructs
subject to observance of the conditions provided in the Resolution.
The composition, duties and functions, usufructuary benefits and
restrictive measures pertaining to such protection committees shall be as follows :
Composition
1. (i) The Divisional Forest Officer in consultation with
"Bon-O-Bhumi Sanskar Sthayee Samiti" of the concerned Panchayat
Samiti shall select beneficiaries for constitution of the Forest
Protection Committee(s), within their jurisdiction and within the framework of this
Resolution.
The beneficiaries ordinarily shall be economically backward
people living in the vicinity of the forests concerned. Every family living in the
vicinity of the forests shall, however, have the option of becoming a member of the Forest
Protection Committee, if such family including the female members is interested in the
work of protection.
There shall be normally a joint membership for each household
(i.e. husband becoming a member, wife automatically becoming a member. Either of the two
can exercise rights to represent the household at any point;
The concerned Gram Panchayat(s) shall extend necessary support
and help to such committee (s) to ensure their smooth and proper functioning;
Each Forest Protection Committee shall have an Executive
Committee to carry out the various activities assigned to the committee;
The composition of the Executive Committee shall be as follows :
Sabhapati or any member of the "Bon-O-Bhumi Sanskar Sthayee
Samiti" of the local panchayat samiti as may be nominated by the Sabhapati - Member.
Gram Pradh;an or any member of the Local Gram Panchayat(s) as
may be nominated by the Pradhan(s) - Member.
Elected representatives of the beneficiaries (not exceeding 6) -
Member.
Concerned Beat Officer - Member-Secretary
The member of the Executive Committee shall elect the president
in each meeting.
Constitution of the Forest Protection Committee including
Executive Committee will be approved by the Divisional Forest Officer concerned on
recommendation of the "Bon-O-Bhumi Sanskar Sthayee Samiti" of the concerned
Panchayat Samiti.
The "Bon-O-Bhumi Sanskar Sthayee Samiti" of the
respective Zila Parishad will monitor, supervise and review functions of the Forest
Protection Committee.
If any inclusion or change in the Committee/Executive Committee
is necessitated after initial constitution, the Executive Committee shall make suitable
recommendation to the Divisional Forest Officer concerned duly endorsed by the
"Bon-O-Bhumi Sanskar Sthayee Samiti" of the local Panchayat Samiti, for
approval;
The Beat Officer as Member-Secretary shall convene the meetings
of the Executive Committee as well as Forest Protection Committee, as per scheduled
procedure;
The representatives of the beneficiaries to the Executive
Committee shall be elected each year in Annual General Meeting of the Committee where the
concerned Range Officer shall be the observer.
Duties
2. (i) The Forest Protection Committee shall maintain a
register showing necessary particulares of beneficiaries as well as
members of the Committee, e.g. name, father's name, address,
age, number of family members, name of nominee, etc. The nomination forms duly filled in
and approved by the Executive Committee should be pasted in the register. Such registers
are also to be maintained in the concerned Range Offices of the Forest Department for
permanent record;
The Forest Protection Committee shall maintain a minutes book
wherein proceedings of the meetings of the Executive Committee held from time to time as
well as the proceedings of the annual general meeting of the Forest Protection Committee
will be recorded under the signature of the president of the Committee and such minutes
duly attested shall be sent to the concerned Range Officer for record;
The Forest Protection Committee shall hold an annual general
meeting once every year where activities of the Committee as well as details of
distribution of usufructary benefits are to be discussed, besides electing representatives
of the beneficiaries to the Executive Committee.
Functions
3(a) (i) To ensure protection of forest(s)/plantations(s)/
wildlife through members of the Committee;
To protect the said forest(s)/plantation(s) with the members of
the Committee;
To inform forest personnel of any person or persons attempting
trespass and wilfully or maliciously damaging the said forest(s) / plantation(s) or commit
theft thereon;
To prevent such trespass, encroachment, grazing, fire, theft or
damage.
To apprehend or assist the forest personnel in apprehension of
such person or persons committing any of the offences mentioned above.
(b) (i) To ensure smooth and timely execution of all forestry
works taken up in the are under protection by the Committee;
To involve every member of the Committee in the matter of
protection of forest (s) / plantation(s) as well as other duties assigned to the
Committee;
To assist the concerned forest official in the matter of
selection/ engaging of labourers required for forestry works;
(c) (i) To ensure smooth harvesting of the forest produce by the
Forest Department;
To assist the concerned Forest Official in proper distribution
of the earmarked portion (i.e. 25% of net sale proceeds) among the members of the
Committee (as per list maintained by "Sthayee Samitee".
To ensure that usufructuary rights allowed by the government is
not in any way misused by any of the members and forest/plantation sites are kept free
from any encroachment whatsoever.
(d) (i) To prevent any activities in contravention of the
provisions of Indian Forest Act of 1927 and any Acts and Rules made
thereunder :
To report about activities of a particular member which are
found prejudicial and detrimental to the interest of particular plantation and/or forest
to the concerned Bet Officer/Range Officer, which may result in cancellation of membership
of the erring member;
To assist the Forest Officials to take action or proceed under
Indian Forest Act of 1927 and any Acts and Rules made thereunder, against the offenders,
including any erring member of the Committee found to be violating the Act or damaging the
forest/plantation.
Usufructuary Benefits
4. (i) The members will have to protect the
forest/plantation/wildlife for at least 5 years to be eligible for sharing of usufructs
under this programme.
The Forest Official in Consultation with the Executive Committee
and with the approval of the Bon-O-Bhumi Sanskar Sthayee Samiti of the concerned Panchayat
Samiti will distribute to the eligible members his proportionate share of usufructs from
the harvesting, not before 10 years upon satisfactory performance of functions detailed
herein before.
The members shall be entitled to collect following items free of
royality without causing any damage to forest/plantation :
Fallen twigs, grass, fruits, flowers, seeds leaves and
intercrops raised by FPCs subject to any restrictions
imposed from time to time, provided however such collection will
not be allowed in National Park, core area of Tiger Reserve and sanctum sanctorum of
sanctuary.
Medicinal plants in North Bengal will be permitted to be
collected by the FPC members free strictly ont he basis of approved micro-plans, except in
National Park, core are of Tiger Reserve and sanctum sanctorum of Sanctuary.
Members of the FPC will receive 25 percent net of sale proceeds
of firewood and poles which are harvested during thinning and cultural operations. The
poles for the purpose of this order will be upto 90 cm bhg for all species except teak.
For teak and upper limit of bhg is 60 cm.
Timber would not be subject to revenue sharing. However, lops
and tops derived out of clear felling as per approved working plan which comes under a
category of firewood would be shared on 25 per cent net sale proceeds basis.
Entire sal seeds so collected shall have to be deposited with
the West Bengal Tribal Development Co-operative Corporation Ltd. Through the local LAMPS
(where LAMPS are functioning) and LAMPS will pay the members, in approved tariff, against
their individual collection;
The concerned forest official will distribute to the eligible
members their proportionate share of the usufructs from the harvesting after satisfactory
performance of functions detailed hereinbefore.
The usufruct sharing will be subject to restrictions imposed
from time to time on account of silvicultural and management requirements and from
preservation of wildlife point of view.
Termination of Membership, Dissolution of Committee, Appeal
etc.
5. (i) Failure to comply with any of the conditions laid
down hereinbefore as well as contravention of provisions of the Indian
Forest Act of 1927, Wildlife Protection Act or Acts and/or Rules
made thereunder, may entail cancellation of individual membership and/or dissolution of
the Executive/Forest Protection Committee, as the case may be by the officers of the
Forest Department as stated in (ii) and (iii) below :
(ii) The concerned Divisional Forest Officer, shall be entitled
to take appropriate action, even dissolution of any Executive/Forest Protection Committee,
on the grounds stated above on the recommendation of the Bon-O-Bhumi Sanskar Sthayee
Samiti of the concerned Panchayat Samiti.
The concerned Range Officer may be authorised by the Divisional
Forest Officer to take proper action, even termination of an individual membership on the
above mentioned grounds, on the recommendation of the Executive Committee of Forest
Protection Committee.
Appeal against any such penal action by the Range Officer may be
preferred to the concerned Divisional Forest Officer through local Panchayat Samiti;
Appeal against any such penal action by Divisional Forest
Officer may be preferred to the concerned Circle Conservator of Forest, through the
concerned Panchayat Samiti and the Zila Parishad, whose decision shall be final.
Resolution No. 8555-For. Of 15.11.1991 covering Darjeeling
Gorkha Hill Areas
Whereas the Forest Department has taken up a massive
programme for resuscitation of the degraded forests of the State as a whole for converting
the areas into productive forests.
And whereas active participation and involvement of local people
are vital for regeneration, maintenance and protection of aforesaid forest/plantations and
successful implementation of the programme.
And whereas necessary resolution in this connection has already
been passed covering districts in South West Bengal.
Now, therefore, the Governor is pleased to decide that Forest
Protection Committees shall be constituted for the purpose of development and protection
of degraded forests in North Bengal plains area and beneficiaries acting as members of
such committee shall be allowed, as a measure of incentive of share of the usufructs
subject to observance of the conditions provided in the Resolution.
The composition, duties and functions, usufructuary benefits and
restrictive measures pertaining to such protection committees shall be as follows :
Composition
1. For Darjeeling Gorkha Hill Council Area
(i) The DFO/Divisional Manager, W.B. Forest Development
Corporation Ltd. In consultation with the people living in the
fringe areas of the forests shall select beneficiaries for
constitution of the Forest Protection Committee (s) within their jurisdictions and within
the framework of this resolution :
The beneficiaries ordinarily shall be economically backward
people living in the vicinity of the forests concerned. Every family living in the
vicinity of the forests shall, however, have the option of becoming a member of the Forest
Protection Committee, if such family including the female members is interested in the
work of protection;
There shall be normally, a joint membership, for each household
(husband becoming a member, wife automatically becoming a member). Either of the two can
exercise rights to represent the household;
The local councillor(s) shall extend necessary support and help
to such committee(s) to ensure their smooth and proper functioning;
Each Forest Protection Committee shall have an Executive
Committee to carry out the various activities assigned to the Committee;
The composition of the Executive Committee shall be as follows :
(a) Local councillor of the DGHC - Member
Elected representatives of the beneficiaries (not exceeding 6) -
Member.
Concerned Beat Officer/Deputy Range Officer - Member-Secretary
The member of the Executive Committee shall elect the president
in each meeting.
Constitution of the Forest Protection Committee including
Executive Committee will be approved by the Divisional Forest Officer/Divisional Manager,
W.B. Forest Dev. Corpn. Ltd. concerned in consultation with the councillor in whose
jurisdiction the FPC area falls;
The Range officer/ Range Manager in whose jurisdiction the FPC
occurs will monitor, supervise and review functions of the Forest Protection Committee.
If any inclusion or change in the Committee/Executive Committee
is necessitated after initial constitution, the Executive Committee shall make suitable
recommendation to the DFO/Divisional Manager, W.B. Forest Dev. Corpn. Ltd. concerned
The Beat Officer/Deputy Range Manager as Member-Secretary shall
convene the meetings of the Executive Committee as well as Forest Protection Committee, as
per agreed procedure;
The representatives of the beneficiaries to the Executive
Committee shall be elected each year in Annual General Meeting of the Committee where the
concerned Range Officer/ Range Manager shall be the observer.
The duties, functions and usufructs sharing under this
Government order will be subject to restrictions imposed from time to time on account of
silvicultural and management requirements and from wildlife point of view.
Duties
2. (i) The Forest Protection Committee shall maintain a
register showing necessary particulares of beneficiaries who are
members of the Committee, e.g. name, father's name, address,
age, number of family members, name of nominee, etc. The nomination forms duly filled in
and approved by the Executive Committee should be pasted in the register. Such registers
are also to be maintained in the concerned Range Offices of the Forest Department/West
Bengal Forest Development Corpn. for permanent record;
The Forest Protection Committee shall maintain a minutes book
wherein proceedings of the meetings of the Executive Committee held from time to time as
well as the proceedings of the annual general meeting of the Forest Protection Committee
will be recorded under the signature of the president of the Committee and such minutes
duly attested shall be sent to the concerned Range Officer/ Range Manager for record;
The Forest Protection Committee shall hold an annual general
meeting once every year where activities of the Committee as well as details of
distribution of usufructary benefits are to be discussed, besides electing representatives
of the beneficiaries to the Executive Committee.
Functions
3(a) (i) To ensure protection of forest(s)/plantations(s)/
wildlife through members of the Committee;
To protect the said forest(s)/plantation(s)/wildlife with the
members of the Committee;
To inform forest personnel of any person or persons attempting
trespass and wilfully or maliciously damaging the said forest(s) / plantation(s)/wildlife
or commit theft thereon;
To prevent such trespass, encroachment, grazing, fire, poaching
theft or damage.
To apprehend or assist the forest personnel in apprehension of
such person or persons committing any of the offences mentioned above.
(b) (i) To ensure smooth and timely execution of all forestry
works taken up in the are under protection by the Committee;
To involve every member of the Committee in the matter of
protection of forest (s) / plantation(s)/ wildlife as well as other duties assigned to the
Committee;
To assist the concerned forest official in the matter of
selection/ engaging of labourers required for forestry works;
(c) (i) To ensure smooth harvesting of the forest produce by the
Forest Department;
To assist the concerned Forest Official in proper distribution
of the earmarked portion (of the net sale proceed) among the members of the Committee.
To ensure that usufructuary rights allowed by the government is
not in any way misused by any of the members and forest/plantation sites are kept free
from any encroachment whatsoever.
(d) (i) To prevent any activities in contravention of the
provisions of Indian Forest Act of 1927 and any Acts and Rules made
thereunder and the Wildlife Protection Act, 1972 as amended from
time to time.
(ii) To report about activities of a particular member which are
found prejudicial and detrimental to the interest of particular plantation and/or forest/
wildlife to the concerned Beat Officer/Deputy Range Manager, which may result in
cancellation of membership of the erring member;
To assist the Forest Officials to take action or proceed under
Indian Forest Act of 1927 and the Wildlife (Protection) Act 1972 and any Acts and Rules
made thereunder, against the offenders, including any erring member of the Committee found
to be violating the Act or damaging the forest/plantation/wildlife.
Usufructuary Benefits
Usufructuary Benefits
4. (i) The members will have to protect the
forest/plantation/wildlife for at least 5 years to be eligible for sharing of usufructs
under this programme.
(ii) The members shall be entitled to collect following items
free of royality without causing any damage to forest/plantation :
Fallen twigs, grass, fruits, flowers, mushroom seeds, leaves and
intercrops raised by FPCs subject to any restrictions imposed from time time, provided
however such sollection will not be allowed in the National Park, core area of Tigre
Reserve and sanctum sanctorum of sanctuary.
Medicinal plants in North Bengal will be permitted to be
collected by the FPC members free strictly ont he basis of approved micro-plans, except in
National Park, core are of Tiger Reserve and sanctum sanctorum of Sanctuary.
Members of the FPC will receive 25 percent net of sale proceeds
of firewood and poles which are harvested during thinning and cultural operations. The
poles for the purpose of this order will be upto 90 cm bhg for all species except teak.
For teak and upper limit of bhg is 60 cm.
Timber would not be subject to revenue sharing. However, lops
and tops derived out of clear felling as per approved working plan which comes under a
category of firewood would be shared on 25 per cent net sale proceeds basis.
Entire sal seeds so collected shall have to be deposited with
the West Bengal Tribal Development Co-operative Corporation Ltd. Through the local LAMPS
(where LAMPS are functioning) and LAMPS will pay the members, in approved tariff, against
their individual collection;
The concerned forest official will distribute to the eligible
members their proportionate share of the usufructs from the harvesting after satisfactory
performance of functions detailed hereinbefore.
Termination of Membership, Dissolution of Committee, Appeal
etc.
5. (i) Failure to comply with any of the conditions laid
down hereinbefore as well as contravention of provisions of the Indian
Forest Act of 1927, Wildlife Protection Act or Acts and/or Rules
made thereunder, may entail cancellation of individual membership and/or dissolution of
the Executive/Forest Protection Committee, as the case may be by the officers of the
Forest Department as stated in (ii) and (iii) below :
(ii) The concerned DFO or Divisional Manager, W.B. Forest Dev.
Corpn.Ltd., shall be entitled to take appropriate action, even dissolution of any
Executive/Forest Protection Committee, on the grounds stated above on the recommendation
of the Range Officer/Range Manager concerned.
The concerned Range Officer/ Range Manager may be authorised by
the Divisional Forest Officer/Divisional Manager to take proper action, even termination
of an individual membership on the above mentioned grounds, on the recommendation of the
Executive Committee of Forest Protection Committee.
Appeal against any such penal action by the Range Officer may be
preferred to the concerned Divisional Forest Officer/Divisional Manager, W.B. Forest Dev.
Corpn. Ltd.;
Appeal against any such penal action by DFO/Divisional Manager,
W.B. Forest Dev. Corpn. Ltd. may be preferred to the concerned Circle Conservator of
Forest/General Manager, W.B. Forest Dev. Corpn. Ltd., through the concerned Counciller of
the Darjeeling Gorkha Hill Council and the decision of Conservator of Forest / General
Manager, W.B. Forest Dev. Corpn. Ltd. Shall be final.
Resolution No. 8556-For. Of 15.11.1991 covering the
Sunderbans
Whereas the Forest Department has taken up a massive
programme for resuscitation of the degraded forests of the State as a whole for converting
the areas into productive forests.
And whereas active participation and involvement of local people
are vital for regeneration, maintenance and protection of aforesaid forest/plantations and
successful implementation of the programme.
And whereas necessary resolution in this connection has already
been passed covering districts in South West Bengal.
Now, therefore, the Governor is pleased to decide that Forest
Protection Committees shall be constituted for the purpose of development and protection
of degraded forests in North Bengal plains area and beneficiaries acting as members of
such committee shall be allowed, as a measure of incentive of share of the usufructs
subject to observance of the conditions provided in the Resolution.
The composition, duties and functions, usufructuary benefits and
restrictive measures pertaining to such protection committees shall be as follows :
Composition
1. (i) The Divisional Forest Officer in consultation with
"Bon-O-Bhumi Sanskar Sthayee Samiti" of the concerned Panchayat
Samiti shall select beneficiaries for constitution of the Forest
Protection Committee(s), within their jurisdiction and within the framework of this
Resolution.
The beneficiaries ordinarily shall be economically backward
people living in the vicinity of the forests concerned. Every family living in the
vicinity of the forests shall, however, have the option of becoming a member of the Forest
Protection Committee, if such family including the female members is interested in the
work of protection.
There shall be normally a joint membership for each household
(i.e. husband becoming a member, wife automatically becoming a member. Either of the two
can exercise rights to represent the household at any point;
The concerned Gram Panchayat(s) shall extend necessary support
and help to such committee (s) to ensure their smooth and proper functioning;
Each Forest Protection Committee shall have an Executive
Committee to carry out the various activities assigned to the committee;
The composition of the Executive Committee shall be as follows :
Sabhapati or any member of the "Bon-O-Bhumi Sanskar Sthayee
Samiti" of the local panchayat samiti as may be nominated by the Sabhapati - Member.
Gram Pradhan or any member of the Local Gram Panchayat(s) as may
be nominated by the Pradhan(s) - Member.
Elected representatives of the beneficiaries (not exceeding 6) -
Member.
Concerned Beat Officer - Member-Secretary
The member of the Executive Committee shall elect the president
in each meeting.
Constitution of the Forest Protection Committee including
Executive Committee will be approved by the Divisional Forest Officer concerned on
recommendation of the "Bon-O-Bhumi Sanskar Sthayee Samiti" of the concerned
Panchayat Samiti.
The "Bon-O-Bhumi Sanskar Sthayee Samiti" of the
respective Zila Parishad will monitor, supervise and review functions of the Forest
Protection Committee.
If any inclusion or change in the Committee/Executive Committee
is necessitated after initial constitution, the Executive Committee shall make suitable
recommendation to the Divisional Forest Officer concerned duly endorsed by the
"Bon-O-Bhumi Sanskar Sthayee Samiti" of the local Panchayat Samiti, for
approval;
The Beat Officer as Member-Secretary shall convene the meetings
of the Executive Committee as well as Forest Protection Committee, as per scheduled
procedure;
The representatives of the beneficiaries to the Executive
Committee shall be elected each year in Annual General Meeting of the Committee where the
concerned Range Officer shall be the observer.
The duties functions and usufruct sharing under this Government
order will be subject to restriction that may be imposed from time to time on account of
silvicultural and management requirements and from wildlife point of view.
Duties
2. (i) The Forest Protection Committee shall maintain a
register showing necessary particulares of beneficiaries as well as
members of the Committee, e.g. name, father's name, address,
age, number of family members, name of nominee, etc. The nomination forms duly filled in
and approved by the Executive Committee should be pasted in the register. Such registers
are also to be maintained in the concerned Range Offices of the Forest Department for
permanent record;
(ii) The Forest Protection Committee shall maintain a minutes
book wherein proceedings of the meetings of the Executive Committee held from time to time
as well as the proceedings of the annual general meeting of the Forest Protection
Committee will be recorded under the signature of the president of the Committee and such
minutes duly attested shall be sent to the concerned Range Officer for record;
The Forest Protection Committee shall hold an annual general
meeting once every year where activities of the Committee as well as details of
distribution of usufructary benefits are to be discussed, besides electing representatives
of the beneficiaries to the Executive Committee.
Functions
3(a) (i) To ensure protection of forest(s)/plantations(s)/
wildlife through members of the Committee;
To protect the said forest(s)/plantation(s) with the members of
the Committee;
To inform forest personnel of any person or persons attempting
trespass and wilfully or maliciously damaging the said forest(s) / plantation(s) or commit
theft thereon;
To prevent such trespass, encroachment, grazing, fire, theft or
damage.
To apprehend or assist the forest personnel in apprehension of
such person or persons committing any of the offences mentioned above.
(b) (i) To ensure smooth and timely execution of all forestry
works taken up in the are under protection by the Committee;
To involve every member of the Committee in the matter of
protection of forest (s) / plantation(s)/ Wilflife as well as other duties assigned to the
Committee;
To assist the concerned forest official in the matter of
selection/ engaging of labourers required for forestry works;
(c) (i) To ensure smooth harvesting of the forest produce by the
Forest Department;
To assist the concerned Forest Official in proper distribution
of the earmarked portion of the net sale proceeds among the members of the Committee (as
per list maintained by "Sthayee Samitee").
To ensure that usufructuary rights allowed by the government is
not in any way misused by any of the members and forest/plantation sites are kept free
from any encroachment whatsoever.
(d) (i) To prevent any activities in contravention of the
provisions of Indian Forest Act of 1927 and any Acts and Rules made
thereunder and the Wildlife (Protection) Act, 1972 as amended
from time to time.
(ii) To report about activities of a particular member which are
found prejudicial and detrimental to the interest of particular plantation and/or forest
to the concerned Beat Officer/Range Officer, which may result in cancellation of
membership of the erring member;
To assist the Forest Officials to take action or proceed under
Indian Forest Act of 1927 and the Wildlife (Protection) Act, 1972 and any Acts and Rules
made thereunder, against the offenders, including any erring member of the Committee found
to be violating the Act or damaging the forest/plantation.
Usufructuary Benefits
4. (i) The members will have to protect the
forest/plantation/wildlife for at least 5 years to be eligible for sharing of usufructs
under this programme.
The Forest Official in Consultation with the Executive Committee
and with the approval of the Bon-O-Bhumi Sanskar Sthayee Samiti of the concerned Panchayat
Samiti will distribute to the eligible members his proportionate share of usufructs from
the harvesting, not before 10 years upon satisfactory performance of functions detailed
herein before.
The members shall be entitled to collect following items free of
royality without causing any damage to forest/plantation :
Fallen twigs, grass, fruits, flowers, seeds (excluding cashew),
etch and leaves.
One fourth of the produce obtained as intermediate yield from
F.D.F. coppicing, multiple shoot cutting, thinning, etc. to be shared kproportionately.
This will not in any manner, extinguish the right and privileges
already granted to the members of the Scheduled Tribes by the State Government in their
order No. / 2001-For of 20.4.81 and/or may be granted in future.
Entire collection of honey and bee-was from forest plantation
shall have to be deposited with the Forest Department through the local Range Officer or
his authorised representative who will pay the members, in approved tariff, against their
individual collection.
(v0 The concerned Forest Official shall set apart 25 percent of
the net sale proceeds at every final harvesting of the concerned plantations/ forests
(i.e. timber, pole etc.) as will be done as per orders of Govt. in force from time to time
and shall pay to all eligible members or his nominee their proportionate share out of the
said earmarked funds, as per para 4 (ii) of the Resolution.
Termination of Membership, Dissolution of Committee, Appeal
etc.
5. (i) Failure to comply with any of the conditions laid
down hereinbefore as well as contravention of provisions of the Indian
Forest Act of 1927, Wildlife Protection Act or Acts and/or Rules
made thereunder, may entail cancellation of individual membership and/or dissolution of
the Executive/Forest Protection Committee, as the case may be by the officers of the
Forest Department as stated in (ii) and (iii) below :
(ii) The concerned Divisional Forest Officer, shall be entitled
to take appropriate action, even dissolution of any Executive/Forest Protection Committee,
on the grounds stated above on the recommendation of the Bon-O-Bhumi Sanskar Sthayee
Samiti of the concerned Panchayat Samiti.
The concerned Range Officer may be authorised by the Divisional
Forest Officer to take proper action, even termination of an individual membership on the
above mentioned grounds, on the recommendation of the Executive Committee of Forest
Protection Committee.
Appeal against any such penal action by the Range Officer may be
preferred to the concerned Divisional Forest Officer through local Panchayat Samiti;
Appeal against any such penal action by Divisional Forest
Officer may be preferred to the concerned Circle Conservator of Forest, through the
concerned Panchayat Samiti and the Zila Parishad, whose decision shall be final.
