No. F-7-36/2001/F.C./10 Raipur,
Dated 22 Oct. 2001

Sub : Resolution for Community Participation in Conservation and Development of Forests 2001

1. The National Forest Policy 1988 envisages participation of local people is necessary for conservation and development of forests. Accordingly Ministry of Environment and Forests, Government of India, (on 1st June 1990), has directed all the State Governments that tribals and other communities living in and around forests have their first rights on the forest produce. In consonance with these principles, the local people have been involved in the management of forest through Joint Forest Management.

2. In accordance with the direction provided by the Government of India, the State Government herewith passes a resolution for people's participation in forest protection and management:

2.1 Forest Protection Committees will be constituted in the villages situated within 5 Km. radius of dense forest Area.

2.2 Village Forest committees will be constituted in the villages, excluding the villages mentioned under section 2.1, situated within 5 Km. radius of degraded forest Area.

3. Procedure for the Constitution of committee

3.1 Local staff of forest department will convene meetings of villagers in villages of the State to introduce the concept of joint forest management and if villagers voluntarily decide to join in protection and management of forest then on intimation, a formal meeting will be organised in the presence of a forest officer not below the rank of Forester with the help of local public representatives. If 50% or more villagers, who have the voting rights in the Gram sabha, are present and unanimously pass the resolution for constitution of a committee then a relevant committee as per zonation mentioned above shall be constituted. In case both degraded and dense forest areas are present around the village then, either Forest Protection Committee or Village Forest Committee may be constituted, depending upon the forest area in majority.

3.2 With the aim of constitution of in committees as per Panchayat (Extension to Scheduled Areas) Act 1966 section 4 (b) those hamlets or group of hamlets or small village or its group in which such communities are included which manage their activities as per their traditions and beliefs shall be treated as village whether that village falls in or out side scheduled area (Schedule of constitution). Divisional Forest Officer (Territorial) concerned shall register the committee as per para-2 within one month after passing of such resolution. Every villager having voting rights, shall be the member of general body of these committees. These members shall elect President and Vice President, whose tenure will be of two years, out of the villagers in the first meeting of committee, presided over by Sarpanch of concerned village Panchayat. It is obligatory to have at least one female member as President/ Vice- President.

3.3 If any forest committee already exists in the village, it will be recognized as either of the mentioned joint forest management committees.

3.4 Confederation of Presidents of the committees shall be constituted at Forest Division level.

4. Executive Committee

The Executive Committee shall be constituted comprising minimum 11 and maximum 21 members out of members of the committee (excluding nominated members) as per following procedure: -

1. Executive committee members will be nominated by organizing a meeting under chairmanship of the elected President of the committee.
2. President / Vice President of Forest Committee will act as ex-officio President / Vice President of the executive committee.
3. Representation of schedule tribe, schedule caste & other backward classes in the executive committee will be in accordance with ratio of their population in village.
4. At least the executive committee will have 33% of women members and one member must be from the women savings group, if such group is existing in village.
5. At least two members (one male & one female) of the landless families, if existing and one member from the self help group, if existing in village, must be included in the executive committee.
6. All Panch & Sarpanch residing in village will be ex-officio members of the executive committee.
7. At least one beneficiary from different beneficiary groups of Watershed Development Committee under Rajiv Gandhi Watershed Mission will be member of committee.
8. At least one member from each of various user groups of village resources will be elected as members of working committee for remaining vacancies.
9. Forest Guard or Forester of that forest area will be ex-officio Secretary of the executive committee.
10. Members of executive committee, excluding ex-officio members, will have maximum 2 years as "tenure of service".

5. Selection of Area

After constitution of the committee Divisional Forest Officer (Territorial) shall select forest area for various committees on the advice of executive committee. The Divisional Forest officer can authorise an officer, not below the rank of Range Forest officer, for this purpose. While selecting forest area for the committee the distance of the said forest area from the village and traditional 'nistar' rights of villagers over that forest area will be taken into consideration. Technically, the suitability of the area will be considered on the basis of feasibility report of Assistant Conservator of Forests. In case of any dispute in selection of area, the decision of Divisional Forest Officer (Territorial) shall be final.

6. Micro Plan

6.1 After constitution of the committee, the villagers will prepare a micro plan with the help of Forest Department. Area of the village and Forest area selected under committee will be included in this plan. Plan will have provision to include both forest management and village resource development programme. The works included in the micro plan will be based on expected potential of the resource and other works will be added in appendix of the plan on priority basis. Executive agency and possible source of funding will be shown against works. The committee will sent the micro plan to district level forest officer for its approval. The micro plan will be accorded approval after the technical and legal scrutiny.

6.2 Management principles are laid down for forest/wild life management in working plan/ management plan. Works proposed in forest area under committee will be in accordance with above principles. It will be ensured that forest/ wildlife acts or rules are not violated in the micro plan.

6.3 The financial resources for executing the works in forest as per the micro plan will be provided by state Government besides works, which reduces dependence of villagers on forests and are related to better management of forest resources. The funds will be provided, as far as possible, by Forest Department, govt. funds at the disposal of committee, District Rural Development Agency, other Govt. departments, Panchayats and other sources. Execution of works will comprise, as far as possible, 25% of labour component as "Shram Dan" by the committee members. Amount equivalent to "Shram Dan" will be deposited in the account of committee so that committee can utilise these funds in village resource development programme.

6.4 Forest Department and committee will prepare the micro plan with help of other developmental agencies. The village resource development works included in the micro plan will get technical and financial assistance from other development departments of the State.

6.5 The activities/ works for economic development, which are ecologically appropriate and feasible shall be included and prioritized in the micro plan.

6.6 The state Govt. will constitute a Coordination Committee in each district with President of Forest Sub committee of District Panchayat as chairman to coordinate the village development works to be executed through micro plan.

This committee will organize at least one meeting in every 4 months, in which President Janpad Panchayat and district level officers of all the departments will be members. A District level forest officer nominated by Conservator of Forests will be its Member Secretary.

7. Meetings

Secretary will call meetings of executive committee with the permission of President. Minimum one meeting in every three months is to be organised. Compulsorily General committee's President / Vice President will preside over the meeting, but in their absence any member can be selected to preside over the meeting with the consensus of rest of the members. Minimum one general body meeting will be held in every six months. Time and venue of meeting will be decided after consulting the President. Proceedings of the meeting will be recorded in the concerned register by the Secretary. During the terminal year of executive committee's tenure succeeding executive committee will be elected in the existing general body meeting. This meeting has to be called one month before the end of tenure of executive committee.

8. Quorum

A quorum will be complete with the presence of 50 % members for executive committee and 30% of members for the general body meeting.

9. Rights & Duties of Committee

9.1 Rights

On the satisfaction of the District level forest officer that committee has done satisfactory work under joint forest management, the committee will be eligible to get the following benefits.

1. Families of all committees will be eligible to get annual royalty free nistar, after deducting expenditure on harvesting, as per availability.

2. All the forest committees shall be eligible to get 100% of the produce obtained from time to time, on thinning of timber coupes and cleaning of bamboo clumps in degraded bamboo forest as per the prescriptions of micro plan/ working plan, on payment of expenditure incurred on harvesting.

3. Forest produce equivalent to the 10% value of the amount calculated by deducting the expenditure incurred on exploitation (of timber / bamboo) from the total value of timber / bamboo obtained on final felling in coupes in forest area allotted to F.P.C. (as per prescriptions of Working plan) shall be given to the F.P.C. If a loss due to illicit felling in the forest area allocated to committee is detected then concerned forest committee will be accountable to the 50% value of the loss and the equivalent forest produce to that amount will be deducted from the forest produce to be distributed to that committee.

4. Forest produce equivalent to 30% value, calculated by deducting the expenditure incurred on harvesting (of timber/bamboo) from the total value of timber/ bamboo obtained an final felling in plantation/ rehabilitation of degraded forest/ pasture development works etc, shall be given to Village Forest Committee. Computation of value shall be based on the approved 'Malik Maqbuja' rates of timber/ bamboo of that year in the concerned Forest Circle. If a loss due to illicit felling in the forest area allocated to committee is recorded then concerned village forest committee will be accountable to the 50% value of the loss and equivalent forest produce of that amount will be deducted out of forest produce to be distributed to that committee.

5. In case of minor forest produce, rights of committee will be in accordance with the Panchayat (Extension to Schedule Areas). Act 1996 amended as and when by the Govt. of Chhattisgarh.

6. If the committee helps in apprehending the offender against the offence occurred in jurisdiction of the committee, then 50% of fine / fees deposited by offender in lieu of compounding the case or decision of court, shall be deposited in the account of committee, which shall be used for development of the village.

7. If any member of committee does not cooperate in committee's work or does not follow committee's decision or indulges in forest offence, the committee will cancel his membership duly restricting his Nistar Rights. But before this the committee will provide an opportunity to the concerned member to present his case after taking a decision in general body meeting action against forest offence will be additionality to the above action.

8. The committee can delegate its all are specific powers to the executive committee by taking decision in general body meeting.

9.2 Duties

1. Committee will elect Executive body.
2. Committee members will protect forests from fire, illicit grazing, illicit felling, illicit transportation, illicit mining, encroachment & poaching. To achieve this objective the committee will take necessary steps for forest protection with the help of its members. The Committee will be responsible for 50 % of the loss due to illicit felling in its jurisdiction.
3. Committee will give information to Forest Department about the unlawful entry / illegal activities of person or persons who cause damage to forest and wild life.
4. The committee will ensure the safety of wondering wild life who incidentally came out of the forests and will inform the nearest forest officer accordingly.
5. Committee with cooperation of Forest Department will prepare Micro plan and annual action plan. Plan will comprise community, beneficiary oriented, and site-specific need based activities. Priority shall be given to works, which are directly or indirectly related to protection of forest and wild life. Forest Range Officer, on behalf of Forest Department and President of Working Committee, on behalf of the committee will sign on micro plan. Annual Action Plan for each financial year will be prepared on basis of Micro plan. In order to implement annual action plan, 10% of amount will be released in single installment as an advance to committee. Committee shall execute the approved plan. If execution of works by the committee is not satisfactory or the committee is not interested in execution of works then, the execution of works will be done departmentally.
6. Members of committee, after receiving information of forest offence in their jurisdiction or other forest area, shall immediately inform to beat guard/ game guard besides helping forest personnel in apprehending the forest offenders. The forest produce and offenders shall be brought before the concerning forest officers.
7. A Memorandum of Understanding shall be singed by President of the committee and District level forest officer or officer authorised by him.
8. Committee will ensure "Shramdan" (labour contribution) as part of the labour component from committee members, as per the para 6.3 of resolution, in execution of the micro plan.
9. Members of committee will help Forest Department staff during the enquiry of forest offence.
10. Committee shall maintain account of the fund received from different sources and audit of expenditure will be done by agency authorised by forest officer.
11. Committee shall maintain a register of its member's list along with other registers and records prescribed by the forest officer.
12. In reference of forest protection members of the forest committee shall be treated as public servant at par with forest personnel under various acts during the forest patrolling in their area and they shall get legal protection as in the case of public servant for the works done in god faith of public and government interest. In the same way if, member of committee gets injured or die while preventing / informing forest offence, he will get all benefits at par with forest personnel.
13. If committee assists in apprehending the forest offender against the offence occurred in its jurisdiction, 50% of the amount recovered as fees or fine after compounding or on the basis of court's decision shall be deposited in the committee's account.

10. Powers and Duties of Forest Officers

District level forest officer shall have following powers & duties. If it is not mentioned otherwise in the Resolution, he can delegate the powers to an officer not below the rank of forest Range officer.

10.1 Powers

1. Allocation of Area for committee according to para 5.1
2. Approval of the micro plan.
3. Inspection of committees account & procedures for sharing of forest produce & other benefits among committee members.
4. If committee does not discharge their duties satisfactorily according to para 9.2 & if there is no improvement after being warned in writing by forest officer, then forest officer can dissolve the committee can terminate the Memorandum of Understanding. In that condition all benefits to committee as cited in para 9.1 will be ceased.

10.2 Duties:

1. To organize meeting to constitute committee in accordance with para 3.1
2. Registration of committee.
3. Supervision of election of committee & executive body.
4. To provide training technical assistance to committee members in preparation and execution of micro plan.
5. To provide financial resources for execution of Micro Plan as per para 6.3 and to establish coordination between different departments according to para 6.4.
6. To assist committee in execution and monitoring of their duties & to help in resolving their internal conflicts.
7. Monitoring & evaluation of works carried out by the committee.
8. To authorize an agency to inspect the annual account of committee and to carry out the annual auditing through it.
9. To distribute forest produce & other benefits from allotted area to the committee in accordance with para 9.1 & sub para 1 to 4.
10. To ensure the participation of the weaker sections of society especially women in decision making & distribution of benefits.

11. Appeal :-

1. A Person can appeal to the forest officer in jurisdiction and of the rank of Territorial Forest Range Officer, against the order passed under sub para 7 of para 9.1 within one month from the date of passing of such order.
2. An appeal can be made against forest officer's order of dissolution of committee to the Union constituted under para 3.4 with in one month of date of passing of such order.3. The orders of above Appellant Authorities shall be final.