Policies Influencing NTFP Management and Trade

In India, where it is believed that nearly 30 million persons are dependent on NTFPs for their livelihoods - partly or fully, there are numerous laws that try to control the rights, access and trade of the same forest produces. Most states have legislations controlling collection and trade of forest producers as forest is in the concurrent list. Further more these legislations have resulted in implementation that differs from state to state. This is clearly discernible in the central east Indian states of Orissa, Chhatisgarh, Jharkhand and AP. In this context, West Bengal is a bit of an exception, as it does not have a separate legislation controlling the rights, access, and trade of NTFPs.

Definition

Since the state does not have any separate legislation, obviously it has not defined the term MFP or NTFP. But the Indian forest Act, 1927 being the guiding act of all such acts in the states, West Bengal accepts the definition of forest produces as defined in the central act.

NTFP Lease and Licensing Policy

As mentioned there is no guiding legislation for the collection and trading rights of NTFPs in the state. The trade of Kendu Leaf and Sal seed is governed by executive orders and the rest of the NTFPs are governed by JFM guidelines where there is a section on usufructuary rights. Even here there is no mention of the term NTFP or MFP.

The monopoly rights of collection and disposal of Kendu leaf and Sal seeds has been granted to WBTDCC, on behalf of LAMPS, by the forest department as the FD is considered the owner of forests. WBTDCC carries out the functions through LAMPS. This monopoly rights have been given since 1978 so that fair price can be paid to the primary collectors. And it is for this reason that the collection is done through the co-operative societies. This monopoly rights is handed over through executive orders. After initial yearly renewals of the monopoly rights by the forest department, it was renewed every 5 years from 1982-83 season. The last renewal is due to expire in March 2003. Though there has been no order yet, it is learnt that this time the renewal will be for a year i.e. only for the 2003-04 season.

The forest department takes royalty for giving the monopoly rights. For the last 5 years the rates of royalty was - Rs. 7.5 lakhs per annum up from Rs. 5 lakhs per annum for the previous 5 years. Similarly the royalty for Sal seeds was fixed at Rs. 150 / MT up from Rs. 100 / MT in the previous 5 years. One fourth of the royalty is deposited with the forest department in advance.

As regards other produces, the relevant portions of usufructuary rights from the JFM guidelines are given in the following paragraphs. It is to be noted that the state has 4 JFM guidelines as per different ecological zones where the rotation and harvesting of crops is bound to vary.

South West Bengal

3. 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;
   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.
4. Entire Sal seeds, and Kendu leaves so collected shall have to be deposited with the WBTDCC through the LAMPS and LAMPS will pay the members, in approved tariff against their individual collection.
5. 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…

North Bengal and Darjeeling Gorkha Hill Areas

2. The members shall be entitled to collect following items free of royalty without causing any damage to forests/ plantations:

   Fallen twigs, grass, fruits, flowers, mushrooms, 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 on the basis of approved micro-plans, except in National Park, core area of Tiger Reserve, and sanctum sanctorum of sanctuary.

   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% net sale basis.

3. Entire Sal seeds, and Kendu leaves so collected shall have to be deposited with the WBTDCC through the LAMPS (where LAMPS are functioning) and LAMPS will pay the members, in approved tariff against their individual collection.
4. The usufruct sharing will be subject to restrictions imposed from time to time on account of silvicultural and management requirements and from preservation of wild life point of view.

Sunderbans

3. 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;
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.
4. Entire collection of honey and bee-wax 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.

Wild life protected areas

1. 100% share of firewood (…), thatch/ amlisho/ other grass (obtained from firelines and fire prone zones) specified non-edible fruits, pods, flowers, seeds, decorative fungus and leaves.
   
2. The members of the EDC will have to protect and manage the protected area to the satisfaction of the forest officer for a minimum period of one year to become eligible for 25% share of government receipts on account of tourist and transport entry and photography and other such related activities in the protected area.

From the above relevant portions of the usufructuary rights of JFM guidelines it is implied that JFM committee members can collect NTFPs from the region that they are protecting without paying any royalty. The above also implies that the produces that are important in a particular ecological region find mention in the guidelines. For example, medicinal plants that are an important produce in the North have been allowed for royalty free collection by the FPC members. This however does not mean that this will be charged in other areas. It is just that according to the forest department, Medicinal Plants are not found in any significant quantity in other areas.
The above does not imply that important NTFPs in an ecological region will be allowed to be collected in a similar manner. This becomes clear in the guidelines for Sunderbans. Here the most important NTFP, honey even if collected without payment of royalty by the FPC members will have to be sold to the forest department only. The logic here is that in absence of forest department, the middlemen will exploit procurers of honey.

So it is clear that the primary collectors of the NTFPs do not have to pay royalty for collection from the forest that they are protecting. But once the produce is sold to the trader, the trader needs a transit pass for taking the forest produces outside the region. And for this he has to pay a fees to the representative of the forest department. The department has 'Schedule of Rates for Forest Produces' that mentions rates of all commercially important forest produces including NTFPs in a region that has to be paid for trading purposes. This essentially means that the royalty free collection is allowed for self-consumption to the FPC members. However, if the collection is made for trading, it is the trader who pays the royalty instead of the primary collector.

The rates are published circle wise, which implies that fixing of rates have been decentralised and also recognises differences in availability in different ecological regions. The rates fixation is further decentralised to the DFOs in case of produces that do not find mention in the list and in case of special occasions. The relevant portion has been attached as annexure # 2.

There is one more mention in the guidelines that merits attention - special rights of the tribals. This is equivalent to Nistaar in other states, which provides for certain periodical quota of forest produces (primarily poles and fuel wood) to the tribal communities.