In exercise of the powers conferred by section 11 of the Madhya Pradesh Lok Vaniki Adhiniyam, 2001 (No. 10 of 2001), the State Government hereby makes the following rules, namely: -

1. Short title, commencement and application:-

1. These rules may be called the Madhya Pradesh Lok Vaniki Rules, 2002.
2. They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette.
3. These rules shall apply to such private and revenue areas, which the Bhumiswami, the Gram Panchayat or the Gram Sabha, as the case may be, voluntarily intends to manage as tree-clad area.
   

2. Definitions:-

In these Rules, unless the context otherwise requires: -

1. 'Act' means the Madhya Pradesh Lok Vaniki Adhiniyam 2001 (No. 10 of 2001);
2. 'Code' means the Madhya Pradesh Land Revenue Code 1959 (No. 20 of 1959);
3. 'DFO' means Divisional Forest Officer having territorial jurisdiction.
4. 'Enrolment Officer' means the Divisional Forest Officer having territorial jurisdiction;
5. 'Forest Ranger' means the Forest Range Officer having territorial jurisdiction.
6. 'Gram Sabha' and 'Gram Panchayat' shall have the same meaning as assigned to them in Madhya Pradesh Panchayat Raj A vam Gram Swaraj Adhiniyam, 1993 (No.1 of 1994);
7. 'Lok Van' means a piece of revenue land handed over to a Gram Panchayat or Gram Sabha as tree clad area for the purpose of scientific management and for which a management plan has been prepared under the provisions of these Rules;
8. 'Management Plan' means a scientific plan prepared for a revenue or private tree-clad area under these rules.

3. Application for Management under Lok Vaniki:-

1. A Bhumiswami, who wants to undertake management of a tree-clad area shall submit an application to the Forest Ranger or to any Forest Officer authorised by the DFO.
2. If a Gram Panchayat or a Gram Sabha wants to undertake the management of any tree-clad revenue land located within its jurisdiction, the concerned Gram Sabha or Gram Panchayat, as the case may be, will apply to the Sub-Divisional Officer (Revenue) to demarcate and hand-over the area to them to be managed as 'Lok Van'. The Sub-Divisional Officer (Revenue) shall decide the application within a period of 30 days. If the Sub-Divisional Officer (Revenue) decides in favour of the applicant, then he shall get the land demarcated and hand over the land to the concerned Gram Sabha or Gram Panchayat within a period of 15 days from the date of taking decision. After taking the possession of the land, the Gram Panchayat or the Gram Sabha, as the case may be, shall submit an application to the Forest Ranger or any Forest Officer authorised by the DFO for scientific management as tree-clad area.
3. The application under sub-rule (1) and (2) shall be accompanied by a declaration about the land ownership, or possession of land as the case may be with relevant record.
4. The Forest Range Officer shall send a copy of the declaration to the Patwari within 15 days of the receipt of the application who shall verify the claim from revenue records and give the certificate within 15 days. If the Patwari fails to give the certificate with in the prescribed time, the declaration given by the Bhumiswami shall be deemed as correct. Subsequently if any discrepancy is detected in such records, the Patwari and the person who has given the declaration shall be held responsible for the same and punishable under the relevant law.
5. If the boundary is contiguous with the forest land the Forest Range Officer shall satisfy himself about the boundary.
6. The Forest Ranger shall intimate the Bhumiswami or the Gram Panchayat or the Gram Sabha as the case may be, within a period of 45 days from, the receipt of application as per sub-rule (3), about the certification of t records. If no such intimation is received within a period of 60 days from J the date of submission of application as per sub-rule (3), the records so submitted shall be deemed to be accepted as correct.

4. Preparation of Management Plan:-

1. After compliance of the procedure laid down in rule 3, the Bhumiswami, Gram Panchayat or the Gram Sabha as the case may be, shall have to get a management plan prepared for the same area.
2. The management plan for a tree-clad area shall be prepared by a Chartered Forester as enrolled under rule-8.
3. The management plan shall be prepared keeping in view the social, economic and environmental roles.
4. The management plan shall specify the following issues, namely: -
   1. Ensuring sustainable production of timber and/or other forest products;
   2. Encouraging and protecting natural regeneration and/or planting of suitable species;
   3. Felling of mature, over mature, dry and diseased trees and removal of wind fallen trees;
   4. Thinning and pruning;
   5. Improving the health and vitality of the crop; and
   6. Ensuring soil and moisture conservation.
5. The management plan shall be prepared in format given in schedule-I for a period of 10 years.

5. Sanction of the Management Plan:-

1. The application for sanction of a management plan prepared for private areas shall be submitted to the DFO in Form:1 along-with 5 copies of management plan.
2. The application for sanction of a management plan prepared for revenue areas proposed to be managed as ‘Lok Van' shall be submitted in Form-2 along-with 5 copies of management plan. The application in such cases shall be shall be submitted to the DFO by an authorised representative of the concerned Gram Panchayat or Gram Sabha along-with a resolution of the Gram Panchayat or the Gram Sabha, as the case may be, for the sanction of the plan.
3. The Competent Authority shall have powers to inspect the plan area himself or through his authorised representative, to verify the validity of any prescriptions made in the management plan. Based on such action, the Competent Authority may suggest certain amendments in the proposed management plan. In such case, the applicant/chartered forester shall submit the revised plan incorporating the amendments suggested by the competent authority.
4. The Competent Authority for sanctioning the management plan shall be the DFO. In case where the management plan area exceeds 10 hectares, the Competent Authority shall submit the management plan with his opinion to the Ministry of Environment and Forest, Government of India for approval through the State Government within 30 days after the receipt of management plan.
5. The Competent Authority shall take decision regarding the sanction of management plan within 30 days if the management plan area is upto 10 hectares and in case where the management plan area exceeds 10 hectare, the competent authority after receiving the approval as required in sub rule (4) shall issue the sanction order of the management plan within 7days.
6. The Competent Authority shall pass an order of sanction for a management plan of private area in Form 3 and for a Lok Van in Form 4, Conditions for the implementation of the management plan may be specified in schedule-II/III of the sanction order.
7. After having sanctioned the management plan, the Competent Authority shall send a copy of the sanctioned plan along with sanction order to the concerned Bhumiswami, Gram Panchayat or Gram Sabha as the case may be, with intimation to the concerned chartered forester. A copy of the sanction order along with a copy of the sanctioned management plan shall also be endorsed to the concerned Sub-Divisional Officer (Revenue) for intimation and for the purpose of entry into the land record under sub section (2) of section 114-A of the Code, as provided under Section-4 of the Act.
8. In case the Competent Authority denies the sanction of the management plan, he shall record the reasons of denial and such order shall be communicated to the applicant.
9. If the management plan area is upto 10 hectares, an appeal against the order under sub-rule (8), shall lie before the Conservator of Forests having territorial jurisdiction. Such appeal against the order of the competent authority can be preferred within 30 days of the receipt of the denial order. The Conservator of Forests, after hearing the chartered forester and the concerned bhumiswami/representative of Gram Panchayat or Gram Sabha, shall decide the appeal within 60 days. The decision of the Conservator of Forests shall be final and binding. This decision shall be communicated to the applicant in writing and a copy shall be endorsed to the Competent Authority.

6. Implementation of the Management Plan:-

1. Every Bhumiswami, Gram Panchayat or Gram Sabha, as the case may be, after having received the sanctioned management plan from the competent authority, shall implement the management plan as per the prescriptions and conditions.
2. The Gram Panchayat or the Gram Sabha may authorise Sarvajanic Sampada Samiti of the Gram Sabha for implementation of the plan prescriptions for 'Lok Van'.
3. The Bhumiswami, the Gram Panchayat or Gram Sabha as the case may be, shall give an intimation regarding the proposed date of felling of trees in the plan area to the concerned Forest Ranger and Tehsildar. This intimation shall be given at least 7 days before the proposed date of felling of trees.
4. The person implementing the management plan shall maintain a felling register in format as prescribed in the management plan.
5. Transport of forest produce obtained from felling operation in accordance with the approved management plan shall be subject to the provisions of the Madhya Pradesh Transit (Forest Produce) Rules 2000.
6. Disposal of a forest produce declared as a specified forest produce under the Madhya Pradesh Van Upaj (Vyapar Viniyaman) Adhiniyam 1969 shall be subject to the rules framed in this behalf.
7. All operations prescribed in the management plan shall be completed within the specified time. If any operation prescribed in the plan is not executed due to some unforeseen reasons, further implementation of the plan shall remain suspended till such time the operations prescribed for the previous year are completed.

7. Monitoring of the Management Plan Implementation:-

1. For each development block or a part thereof the Implementation of approved management plans shall be monitored by a committee constituted by the Competent Authority under the chairmanship of Territorial Range Officer and will comprise a Non-Government Individual or Organization, a representative each from the Revenue Department and a Gram Panchayat or a Gram Sabha as the case may be. The committee shall report its observations and recommendations to the Competent Authority. The State Government, whenever necessary, may authorise any official, I body or agency to monitor the implementation of such plan for a specified area or period.
2. The DFO shall take cognizance of any contravention, if reported. On receiving the report, the DFO or the officer authorised by him, shall refer the matter to the Sub Divisional Officer (Revenue) for further action as provided in rule 10.

8. Enrolment of Chartered Forester:-

1. The Following persons / category of persons shall be eligible to be considered for enrolment as Chartered Forester:-

   1. Persons with bachelor's degree in forestry from a recognised university/institution, or post graduate diploma in forest management from the Indian Institute of Forest Management, having field experience of at least three years in planning and management of forests.
   2. Retired Forest Officers, not below the rank of Forest Ranger, or equivalent officers of Madhya Pradesh Forest Development Corporation.
   3. A registered society or a non-Government organisation consisting of members having qualifications as mentioned in sub-rule (a) and (b) above.
2. Any serving Forest Officer of the Government of Madhya Pradesh not below the rank of Forest Ranger shall be deemed to be a chartered forester.
3. Any person or group of persons fulfilling criteria as per sub-rule (1) above may apply for enrolment as a Chartered Forester in Form 5 with an Affidavit annexed to these rules along with non-refundable application fee ofRs. 1000/-.
4. The Enrolment Officer shall enrol the person fulfilling the criteria laid down in sub-rule (1) above within a period of 15 days from the date of receipt of the application in his office. He shall issue an Enrolment Certificate in Form 6 and maintain an Enrolment Register in Form 7 annexed to these rules. A copy of enrolment certificate issued shall be sent to the Officer in charge Lok Vaniki at the State Level every quarter who shall get the updated list displayed at the web site of the Forest Department.
5. In case the applicant is denied enrolment, the Enrolment Officer shall communicate in writing the grounds of denial to the applicant. The appeal against the denial of enrolment shall lie before the Officer in charge Lok Vaniki at the State Level whose decision shall be final and binding.
6. The enrolment of a Chartered Forester shall be valid until it is terminated by a specific order issued by the Enrolment Officer.
7. The enrolment of a Chartered Forester shall be liable for termination by the EnrolmentOfficer on grounds of: (a) gross professional misconduct, or (b) a self written request by the enrolled Chartered Forester.
8. The Enrolment Officer, before terminating any enrolment, on ground of misconduct, shall serve the concerned Chartered Forester with a show cause notice and provide him full opportunity for explaining his/her stand.
9. An appeal against such termination shall lie before the Officer in charge Lok Vaniki at the State Level. Such an appeal can be preferred within a period of 45 days from the date of order of the enrolment officer and the decision of the Officer in charge Lok Vaniki at the State Level shall be final and binding.

9. Duties and remuneration of the Chartered Forester:-

1. The chartered forester shall be responsible for the following:-
   1. Preparation of the management plan; and
   2. Obtain its sanction from the competent authority.
2. The Chartered forester shall receive remuneration of an amount of Rs.l000 or 6% of the amount received during the 1st year of sale of forest produce by the Bhumiswami/ Gram Panchayat or Gram Sabha, which ever is more. However, if the management plan is prepared by the Chartered forester authorised as per sub rule (2) of rule 8, the remuneration payable shall be deposited by the Bhumiswami/ Gram Panchayat or the Gram Sabha as the case may be, to the State Government.

10. Punishment for contravention :-

1. The Sub-Divisional Officer (Revenue) on receiving the information about the contravention of an approved management plan from the concerned Forest Ranger/Competent Authority or the Officer authorised by him, shall issue a show cause notice to the concerned Bhumiswami, or the Gram Panchayat or the Gram Sabha, as the case may be and give a reasonable time for filing the reply to the notice.
2. If the concerned Bhumiswami or the Gram Panchayat or Gram Sabha as the case may be, fails to submit the reply of the show cause notice, within the specified time limit or after due consideration of the reply to show- cause notice, the Sub Divisional Officer (Revenue) may decide the case within a period of 30 days as per the provisions of section 8 of the Act.

11. Appeal:-

1. Appellate Authority, for considering the appeal against an order passed by the Sub-Divisional Officer (Revenue) under section 8 of the Act shall be the District Collector.
2. The application for appeal shall be received by the Reader of the Collector and will be processed as per procedure laid down in the Code.
3. Every appeal shall be accompanied by relevant documents of the case along with the order of the Sub-Divisional Officer (Revenue) against which the appeal is preferred and a non-refundable fee of Rs. 1 DO/- payable through a Treasury challan or Demand draft.
4. The Appellate Authority shall hear the parties of the appeal in person or through any agent duly authorised in writing by the applicant and shall decide the appeal within 60 days from the date of receipt of the application.
5. Copies of the order passed by the Appellate Authority shall be sent to the concerned Sub-divisional Officer (Revenue) for compliance, or for passing such further order, as may be directed by the Appellate authority.