The
Circular Concerning Joint Forest Management
No.
6-21/89-P.P
Government
of India
Ministry
of Environment and Forests
Department
of Environment, Forests and Wildlife
Paryavaran
Bhavan, C.G.O. Complex, B-Block
Lodi
Road, New Delhi
Dated:
1st June, 1990
The
Forest Secretaries
(All
States/UTs)
Subject:
Involving of village communities and voluntary agencies for regeneration
of degraded forest lands.
Sir,
The
National Forest Policy, 1988 envisages people's involvement in the development
and protection of forests. The requirements of fuel-wood, fodder and
small timber such as house building material, of the tribals and other
villager living in and near the forests, are to be treated as first
charge on forest produce. The policy document envisages it as one of
the essentials of forest management that the forest communities should
be motivated to identify themselves with the development and protection
of forests from which they derive benefits.
2.
In a D.O. letter No. 1/188-TMA dated 13th January, 1989 to the Chief
Secretary of your State, the need for working out the modalities for
giving to the village communities, living close to the forest land,
usufructory benefits to ensure their participation in the afforestation
programme, was emphasized by Shri. K.P. Geethakrishnan, the then Secretary
Environment and Forests).
3.
Committed Voluntary Agencies/NGOs, with proven track record, may prove
particularly well suited for motivating and organizing village communities
for protection, afforesation, and development of degraded forest land,
especially in the vicinity of habitations. The State Forest Department's
Social Forestry Organization ought to take full advantage of their expertise
and experience in this respect for building up meaningful people's participation
in protection and development of degraded forest lands. The Voluntary
Agencies/NGOs may be associated as interface between State Forest Departments
and the local village communities for revival, restoration and development
of degraded forests in the manner suggested below:
- The
programme should be implemented under an arrangement between the Voluntary
Agency/ NGO, the village community (beneficiaries) and the State Forest
Department.
- No ownership
or lease right over the forest land should be given to the beneficiaries
or to the Voluntary Agency/NGO. Nor should the forest land be assigned
in contravention of the provisions contained in the Forest (Conservation)
Act, 1980.
iii)
The beneficiaries should be entitled to a share in usufructs to the
extent and subject to the conditions prescribed by the State Government
in this behalf. The Voluntary Agency/NGO should not be entitled to usufructory
benefits.
iv)
Access to forest land and usufructory benefits should be only to the
beneficiaries who get organized into a village institution, specifically
for forest regeneration and protection. This could be the panchayat
or the Co-operative of the village, with no restriction on membership.
It could be a Village Forest Committee. In no case should any access
or tree pattas be given to individuals.
v)
The beneficiaries should be given usufructs like grasses, lops and tops
of branches, and minor forest produce. If they successfully protect
the forests, they may be given a portion of the proceeds from the sale
of trees when they mature. The Government of West Bengal has issued
orders to give 25% of the sale proceeds to the Village Forest Protection
Committees. Similar norms may be adopted by other States.
vi)
Areas to be selected for the programme should be free from the claims
(including existing rights, privileges, concessions) of any person who
is not a beneficiary under the scheme. Alternatively, for a given site
the selection of beneficiaries should be done in such a way that any
one who has a claim to any forest produce form the selected site is
not left out without being given full opportunity of joining.
vii)
The selected site should be worked in accordance with a Working Scheme,
duly approved by the State Government. Such scheme may remain in operation
for a period of 10 years and revised/renewed after that. The Working
Scheme should be prepared in consultation with the beneficiaries. Apart
from protection of the site, the said Scheme may prescribe requisite
operations, eg. inducement to natural regeneration of existing root
stock, seeding gap filling, and wherever necessary, intensive planting,
soil-moisture conservation measures etc. The Working Scheme should also
prescribe other operations eg. fire-protection, maintenance of boundaries,
weeding, tending, cleaning, thinning etc.
viii)
For raising nurseries, preparing land for planting and protecting the
trees after planting, the beneficiaries should be paid by the Forest
Department from the funds under the Social Forestry Programme. However,
the village community may obtain funds from other Government agencies
and sources for undertaking these activities.
ix)
It should be ensured that there is no grazing at all in the forest land
protected by the village community. Permission to cut and carry grass
free of cost should be given so that stall feeding is promoted.
x)
No agriculture should be permitted on the forest land.
xi)
Along with trees for fuel, fodder and timber, the village community
may be permitted to plant such fruit trees as would fit in with the
overall scheme of afforestation, such as aonla, Imli, mango, mahua,
etc. as well as shrubs, legumes and grasses which would meet local needs,
help soil and water conservation, and enrich the degraced soils/land.
Even indigenous medicinal plants may be grown according to the requirements
and preferences of beneficiaries.
xii)
Cutting of trees should not be permitted before they are ripe for harvesting.
The Forest Dept. also should not cut the tress on the forest land being
protected by the village communities except in the manner prescribed
in the Working Scheme. In case of emergency needs, the village communities
should be taken into confidence.
xiii)
The benefit of people's participation should go to the village communities
and not to commercial or other interests which may try or other interests
which may try to derive benefit in their names. The selection of beneficiaries
should, therefore, be done from only those families which are willing
to participate through their personal efforts.
xiv)
The Forest Department should closely supervise the works. If the beneficiaries
and/or the Voluntary Agency/NGO fail or neglect to protect the area
from grazing, encroachment or do not perform the operations prescribed
in the Working Scheme in a satisfactory manner, the usufructory benefits
should be withdrawn without paying compensation to anyone for any work
that might have been done prior to it. Suitable provisions in the Memorandum
of Understanding (MOU) of this purpose should be incorporated.
Yours faithfully.
Sd/-
(Mahesh
Prasad)
Secretary
to Government of India.
Copy
for information and necessary action to :-
1.
Principal Chief Conservator of Forests/Chief Conservator of Forests
All States/ UTs)
2.
Additional Secretary, National Wasteland Development Board, Ministry
of Environment and Forests, New Delhi.
3.
Chief Conservator of Forests (Central) of all Regional Offices located
at: Bhubaneshwar, Bangalore, Bhopal, Shillong, Luchknow, Chandigarh.
4.
All DIGFs including N.W.D.B., New Delhi.
5.
All Officers of the Ministry of Environment and Forests.
Sd/-
(K.M.
Chadha)
Joint
Secretary to Govt. of India.
Copy
for information to the:-
1.
Secretary (Co-ordination), Cabinet Secretariat, Rashtrapati Bhavan,
New Delhi.
2.
Secretary, Department of Rural Development, New Delhi.
Sd/-
(K.M.
Chadha)
Joint
Secretary to Government of India.