Secretariat :: Forests & Environment Department
N O T I F I C A T I O N
Imphal, the 8th June, 2000
No.55/4/95/For(Pt): The Governor of Manipur is pleased to issue the following notification for participation of villagers in regeneration, protection, conservation and management of degraded forests(inclusive of unclassed forests) of Manipur in the areas identified for Joint Forest Management(JFM).
The illicit cutting of trees from the Government Forests by the people residing nearby is ever increasing day by day apart from encroachment by some organized groups for jhum cultivation and settlement lack of scientific management of forests, large scale practice of shifting cultivation, excessive felling of trees etc. within the major chunk of unclassed forests have also caused large scale degradation of forests resources of Manipur. This has caused heavy loss to forest resulting in the degradation of land and its environment. In spite of all the efforts made and possible measures taken, it has not been possible on the part of Forest Department alone to bring satisfactory results towards protection and sustainable development of the forests in the State Because of resource constraint the Forest Department is finding it difficult to meet the requirement of the people on a sustained basis and to maintain ecological balance. Thus it is felt that it is primary responsibility of the Forest Department to develop the forest as a productive unit on a sustained basis while ensuring proper protection, conservation and development of the environment.
For sustainable development and protection of forest, the National forest Policy of 1988 envisages participation of people. Therefore, it has been considered very essential to evolve people’s co-operation in the protection, conservation and development of degraded forests of the state.
In this connection the Ministry of Environment & Forests, Government of India suggested to all the State Governments vide their Circular Gno.6-12/89-FP dated 1st June 1990 for protection and development of degraded forest areas through the involvement of the local village communities. Further, under letter No.1-23-91-MML dt. 18.1.91 the Government of India instructed all State Governments to make statutory provisions to share the usufructs and the biomass between the people in the participating village and the Department.
Following the guidelines, the State Forest Department has taken a decision to develop and manage degraded Reserved and Unclassed Forests with the active participation of the local villagers by constituting Joint Forest Management Committees. Further it has also been decided that with a view to making the efforts a success there should be sharing of usufructs between the villagers and the Department to meet the requirements of the basic needs in terms of fuel; fodder etc in lieu of their co-operation subject to fulfulment of conditions provided in the notification. The identified forest areas will be managed in accordance with the prescriptions of a working scheme (Joint Forest Management Plan) to be prepared in consultation with the Committee and duly approved by the concerned Circle Conservator of Forests.
Procedure for constitution of Joint Forest Management Committee.
Area Selection: The Divisional Forest Officer(Territorial) will select such degraded forest areas where the villagers located nearby are willing to extend their co-operation in the protection and development of forest by constituting a Joint Forest Management Committee.
Constitution of Committee (Joint Forest Management Committee): A Forest Officer not below the rank of Range Officer will convene a general meeting of all villagers in which all adults of the village can participate. After explaining the concept of Joint Forest Management, proposal for constitution of Joint Forest Management Committee for that village may be considered. One member from each family will be nominated as member of the Committee. The participation of nominees of 50% families residing in the village will be the quorum of the meeting.
Constitution of Execution Committee:
Each Joint Forest Management Committee shall have an Executive Committee to carry out various activities assigned to the Committee as per guidelines/prescriptions of working scheme (Joint Forest Management Plan) within the scope of the rules. The Executive Committee shall have one year term.
The composition of the Executive Committee: The following persons shall constitute the Committee.
9(nine) elected representatives from
the Joint Forest Management Committee - Members
of which 3(three) should be women.
(b) One member from NGO with proven tract - Member*
(c) One Local Teacher- if available - Member *
(d) Concerned Forester - Member Secretary
(e) Concerned Forest Guards - Member
In case of non-availability of suitable member, the Divisional Forest Officer shall nominate the name.
The Member of the Executive Committee shall elect the Chairperson in its first meeting. The Committee shall meet at least once in 3 (three) months.
Authority to approve the constitution of the Committee.
The concerned Divisional Forest Officer will approve the constitution of the Joint Forest Management Committee and its Executive Committee on the recommendation made by the concerned Range Officer after the members jointly sign and undertaking in its prescribed form with the pledge to perform their duties and functions as detailed in the notification and to entitle themselves for usufructuary benefits.
Each Joint Forest Management Committee shall be registered under the Societies Registration Act, 1860.
Working Scheme (Joint Forest Management Plan):
The Divisional Forest Officer with the help of his staff will carry out survey of the resources of the area and socio-economic survey of the village. On the basis of the survey a Joint Forest Management Plan for the forest area shall be prepared. The preparation of the Plan should be through Micro –Planning process and using PRA techniques. The JFM plan should give adequate emphasis on conservation and protection of unique bio-diversity and ecologically fragile areas. The Plan should give details of silvicultural system required for production of fuelwood, thatching grass, fodder, timber and other Non-Timber forest produce on a sustainable basis with appropriate entry point activities wherever necessary. The details regarding the mechanism for distribution of forest produce like firewood, thatching grass among the beneficiaries should also be indicated. The Plan should be prepared to manage the forest for a period of 5(five) years and the same shall be raised accordingly to suit the local conditions.
The Divisional Forest Officer or any Officer authorized by him will first submit the preliminary plan proposal to the Executive Committee and suggestion or changes if there be any will be discussed and incorporated accordingly.
The draft plan on acceptance by the Executive Committee will be submitted to the Joint Forest Management Committee for their views. The Divisional Forest Officer or his authorized officer will discuss in detail with the Committee and obtain their approval.
The Committee to sanction the Plan:
There shall be a committee who will sanction the plan prepared by the Divisional Forest Officer. The constitution of the committee will be as follows:
i) Conservator of Forests(Territorial): - Chairman
ii) The concerned Divisional Forest Officer, Working Plan - Member
iii) The concerned Divisional Forest Officer, Social Forestry-Member
iv) The concerned Divisional Forest Officer,Soil Conservation-Member
v) Two Members from the Executive Committee - Member
(Nominated by the Committee)
vi) The Divisional Forest Officer/Territorial - Member Secretary
After approval of the Joint Forset Management Plan by the above committee the normal Working Plan/Management Plan, if any, shall remain suspended in the area(s).
Duties of Joint Forest Management Committee:
The Executive Committee shall maintain a register of all the members of the Joint Forest Management Committee and record the following information in the register viz. Name of the member, father’s/husband’s name, address, age, number of members in the family etc. Registration of membership will be in the application form duly filed in and approved by the concerned Divisional Forest Officer which 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 Committee shall maintain a register wherein proceeding of all meetings held from the time to time and also the proceedings of the general body meeting of the Joint Forest Management Committee will be recorded under the signature of the chairman of the Committee. The proceedings duly attested by the Chairman will be sent to the Range Forest Officer for record.
The Executive Committee shall convene the general body meeting of the Joint Forest Management Committee which should be held once in every year to review the activities of the Executive Committee regarding implementation of different activities as prescribed in the working schemes (Joint Forest Management Plan). The details of distribution of usufructuary benefits are to discussed in the meeting.
The quorum of the meeting of the above Committee shall be treated as complete if 50 percent of the members are present in the meeting, of which at least half should be women.
(a) (i) To ensure protection of forest(s)/Plantations through members of the Committee.
ii) To protect the said forest(s)/plantation(s) with the members of the Committee.
iii) To inform forest personnel of any person or persons willfully or maliciously damaging the said forest(s)/plantations or commit theft thereon;
iv) To prevent encroachment, grazing, fire, theft or damage;
v) To apprehend or assist the forest personnel in apprehension of such 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.
ii) 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.
iii) To assist the concerned forest official in the matter of selecting/engaging of laborers required for forestry works.
(c) (i) To ensure smooth harvesting of forest produce.
ii) To assist the concerned Forest Official in proper distribution of the earmarked portion (i.e. 30% of the surplus out of the harvest from silvicultural thinning and main felling in case RF/PF and 60% of the surplus in case of other areas) among the members of the Committee (as per the list maintained by the Executive Committee/Forest Range Officer).
iii) 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 encroachment whatsoever.
(d) (i) To prevent any activities in contravention of the provisions of Indian Forest Act of 1927 and Rules made thereunder;
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;
iii) 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 offender; including any erring member of the Committee found to be violating the Act or damaging the forest/plantation.
7. Usufructuary benefits:
The Committee will have the usufructuary rights provided it discharges its duties and responsibilities under these rules. That is, the members (beneficiaries) will have to protect the forest and manage such forest under natural regeneration for at least 5 years to be eligible for sharing usufruct under the programme. In case of artificial regeneration , the right to usufructs will be in accordance with the Management Plan of the area.
The members shall be permitted to collect dead, dry, fallen branches of trees, leaves of fooder, free of cost, but without causing any damage to the forest and plantation.
The members shall be entitled, free of cost, to the produce from silviculture thinning and main felling for their bonafide domestic needs only as may be approved by the Divisional Forest Officer concerned on a formal proposal from the Executive Committee.
The surplus out of the harvest from silvicultural thinning and main felling will be shared in the ratio of 30:20:50 among the members, Joint Forest Management Fund and the Forest Department in case of JFM in RF/PF and 60:20:20 among members, Joint Forest Management Fund and the Forest Department in case of JFM in other areas. (The surplus will be the net receipt of the sale value of the produces less the direct cost of the harvest). The concerned Divisional Forest Officer shall distribute the same to the eligible members in consultation with the concerned Committee upon satisfactory performance of the duties and functions detailed above.
8. Memorandum of Understanding:
A Memorandum of Understanding (as in Appendix) shall be signed between the Joint Forest Committee and the Divisional Forest Officer concerned on behalf of the Forest Department.
9. Termination of Membership/Dissolution of Committee, appeal etc. for control on the working of Joint Management Committee:
Violation of any of the above conditions and of Indian Forest Act, 1927 and other relevant rules will be sufficient reasons to cancel the primary membership of a member of the Committee or even to supercede the Joint Forest Officer Management Committee itself. In case of violation, the Divisional Forest Officer(Territorial) shall take appropriate action including dissolution of the Joint Forest Management Committee. The concerned Range Officer may also be delegated with the powers by the concerned Divisional Forest Officer to terminate the membership of a member of the Joint Forest Management Committee. Accordingly, the Range Forest Officer on the recommendation of the Executive Committee shall execute the action against the persons violating the conditions.
An appeal against the action of the Range Officer may be preferred to the Divisional Forest Officer (Territorial) and appeal against such penal action by the Divisional Forest Officer may be preferred to the concerned Conservator of Forests. The decision given by the Conservator of Forests would be final and binding on both the parties.
10. Repeal and Saving:
The Programme under the Joint Forest Management Plan may be reviewed by the Government after 10 years of earlier if the circumstances so warrant.
Principal Secretary (Forest & Environment)
Government of Manipur
MEMORANDUM OF UNDERSTANDING:
1. The Fund for Joint Forest Management shall be channeled through Forest Department, Manipur.
2. The Legal issue for Joint Forest Management areas shall be addressed through the Forest Department.
3. For violation of any of the clauses of the Notification of JFM No.55/4/95/For (Pt) dt.8.6.2000, the provision of Indian Forest Act, 1927 and Manipur Forest Rules, 1971 and other laws of the land shall be applied.
4. The Department shall arrange training of staff involved in Joint Forest Management and members of Joint Forest Management committee.
5. The Joint Forest Management committee should ensure protection of forest and plantations areas, checking encroachment, illicit cutting of trees, unauthorized grazing and other destructive activities like fire, thefts of forest produces etc.
6. The Joint Forest Management Committee will inform and assist the forest personnel in checking detecting and stopping of attempts/acts of forest offences in the form of willfully or maliciously damaging the forest/plantations or committing theft.
7. The Joint Forest Management Committee should report the activities of any beneficiary member found prejudicial or/and detrimental to the interest of the plantations/forests to the concerned Range Officer/Beat Officer for legal recourse.
8. The Joint Forest Management committee endure smooth and timely execution of all forestry works taken up in the area under protection by the committee.
9. The Committee shall not claim ownership or lease right over the Reserved Forests or Protected Forests.
10. The Committee shall assist the Forest Department in regeneration and protection of Joint Forest Management areas.
11. No Committee member shall acquire any right over the Reserved Forest or Protected Forests Joint Management Committee areas authority of giving or allowing any other persons to cut the trees and/or graze.
12. No Committee member shall acquire any right over the Reserved Forest or Protected Forests Joint Management Committee areas authority of giving or allowing any other persons to cut the trees and/or graze.
13. The Committee shall not acquire any right for cutting of trees at their will. The harvesting of the crop shall be in the form of thinning, collecting dry leaves, green leaves, final felling etc. as mentioned in the management plan.
14. The usufruct shall be shared at 30.20.50 in case of Reserved Forests & Protected Forests and 60:20:20 in case of other forest areas among the beneficiary members, Joint Forest Management fund and Forest Department respectively.
15. The Joint Forest Management Fund shall be managed by the Joint Forest Management Committee only for Joint Forest Management purposes.
16. The NGO members shall not be entitled to any benefit from this scheme as their services shall be purely voluntary.
17. The Committee shall ensure protection of wildlife in Joint Forest Management Areas.
18. All clauses of Notification for Joint Forest Management No.55/4/85/For(Pt) dt. 8.6.2000 and any amendment made thereafter shall be observed in letter and spirit by the Committee.
i) Signature of the Chairman,
ii) Signature of the Member,
Place:…………………… Signature of DFO
Memo No.55/4/95/For(Pt) Dated, Imphal, the 8th June, 2000
1. Secretary to the Chief Minister for kind information of the Hon’ble Chief
Minister, Govt. of Manipur.
2. P.S. to the Dy. Chief Minister for kind information of the Hon’ble Dy. Chief Minist er, Govt. of Manipur.
3 . P.S. to the Minister(Forests & Environment) for kind information of the Hon’ble Minister (Forest & Envt.), Manipur.
4. P.S. to all Ministers for kind information of the Hon’ble Ministers & State Minister, Govt. of Manipur.
5. P.S. to the Chief Secretary, Manipur.
6. The Pr. Chief Conservator of Forests, Manipur.
7. The Chief Conservator of Forests/General/Wildlife.
8. All Conservator of Forests, Govt. of Manipur.
9. All Deputy Commissioners, Govt. of Manipur.
10. All Divisional Forests Officers, Govt. of Manipur/Social-II.
11. The Director, Printing & Stationery, Govt. of Manipur for favour of publication in the extra-ordinary Gazettee of Manipur. 10 copies of the publication may please be furnished to the Undersigned.
12. Guard file.
( P. Megha Singh )
Deputy Secretary (Forests & Environment),
Government of Manipur.
GOVERNMENT OF MANIPUR
SECRETARIAT: FOREST & ENVIRONMENT DEPARTMENT
A D D E N D U M
Imphal, the 16th October, 2000.
Please insert "Protected" between the word "Reserved" and "and Unclassed Forest" occurring at 2nd line of Para 5 of this Government Notification of even number dated 8-6-2000 regarding Joint Forest Management (JFM).
(N. Ibobi Singh)
Under Secretary to the Govt. of Manipur