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Sub : Policy on procurement and trade of
non-timber forest produce.
1. Non-Timber Forest Produce (NTFP) has traditionally
been perceived as an important source of forest revenue. Accordingly
the policies relating to NTFP over the years have generally
tended to aim at maximisation of revenue. However, NTFP is
an important source of livelihood of tribals and the rural
poor. These gatherers of NTFP, majority of whom are women,
have limited access to the market, and their primary concern
is getting a fair price for the NTFP gathered. The prevailing
system does not adequately provide these facilities to the
primary gatherers. At the same time, it is also equally important
that collection of NTFP must be on non-destructive basis so
that sustainability of forests and long term sustainability
of the NTFP based livelihood can be .........................
2. The State government have had under their
consideration proposals for formulation of an appropriate
policy on Non-Timber Forest Produce, keeping in view the consideration
outlined in the preceding paragraph. While formulating the
policy the provisions of the Panchayats (Extension to scheduled
areas) Act, 1996 have also to be kept in view. The term 'minor
forest produce' has not been defined. Under the policy of
Joint Forest Management, the local communities are being closely
involved as partners of Forest Department in the management
of degraded forests; and the members of the Vana Samrakshyana
Samiti are entitled to share of the usufructs, including the
entire NTFP gathered from such a forest area. Considering
all aspects of the matter, Government have been pleased to
approve of the following policy guidelines for streamlining
the system of collection and disposal of various Non-Timber
Forest Produce items:-
Minor Forest Produce
3. (a)The items of Non-Timber Forest Produce
listed in Annexure - A will be treated as Minor Forest Produce
(MFP) and the term MFP will only mean and include items listed
in Annexure - 'A'. The list of items of NTFP to be treated
as MFP may however be modified by Government from tike to
time, Gram Panchayat/Gram Sabha in the scheduled areas will
have the ownership over MFP produced within its territorial
jurisdiction, i.e. in respect of the MFP produced in and collected
from the Government lands and forest lands within the limits
of the revenue villages comprising the Gram Panchayat. Under
law, ownership of MFP in non-scheduled area is not vested
in Gram Panchayats.Gram Panchayats both in the scheduled and
non-scheduled areas, will however, have the authority to regulate
purchase, procurement (as distinct from collection by primary
gatherers) and trading in MFP in accordance with the policy
outlined in the succeeding paragraphs.
(b) No Gram Panchayat, whether situated within
or outside the scheduled area will have ownership over MFP
produced in Reserve Forests, in forest areas under Wildlife
Sanctuaries and National Parks which are outside the limits
of revenue villages. The Gram Panchayats will not therefore
have the right to grant lease or license to any individual
or agency for collection of Minor Forest Produce from any
Reserve Forest or Sanctuary or National Park. However, members
of Vana Samrakshyana Samits, and tribals, artisans, etc. as
part of their customary rights will be free to collect Minor
Forest Produce from forest areas excluding sanctuaries and
National Parks. When any such MFP collected from forest areas
is brought to a village, i.e. into the territory within a
Gram Panchayat, it will come under the Gram Panchayat's powers
to regulate procurement and trading. Where Vana Samrakshyana
Samiti has been formed, the Samiti and its members will have
priority over the Gram Panchayat in the matter of collection
and disposal of Minor Forest Produce of the respected forest
area.
(c) Any person desirous of purchasing MFP
from primary gatherers or trading in MFP on trading in MFP
so purchased shall apply for registration to the concerned
Gram Panchayats and the Gram Panchayat may register such dealers
or traders for a season from the first day of October to the
last day of September of the following year. Dealers and Traders
will have to seek fresh registration for the next season.
Gram Panchayats shall make all efforts to promote free competition
in procurement of MFP by engaging as many dealers for each
item of Minor Forest Producing as reasonably practicable.
The Gram Panchayat shall also levy an annual registration
fee from such dealers or traders at such rate as may be determined
by the Gram Panchayat and shall issue a certificate of registration
to the registered dealers and traders. The dealers registered
by the Gram Panchayats will have to furnish a monthly return
to the concerned Range Officer indicating the item of MFP
procured quantity procured and the GP from which procurement
was made during the month. No person will be allowed to operate
as a Dealer/Trader in MFP in any area without being registered
as such by the concerned OP.
(d) The collection of MFP by the primary gatherers
will be subject to reasonable control to be exercised by the
DFO in accordance with the provisions of low and sound silvicultural
principles laid down in the Forest Parking Plan which shall
be given publicity in advance in the adjoining GPs.
(e) The Government agencies like Orissa Forest
Development Corporation, Tribal Development Cooperative Corporation
etc. may also register themselves with one or more Gram Panchayats
for procurement and trading in one or more items of Minor
Forest Produce.
(f) A Gram Panchayat may cancel the registration
of a dealer/trader or may refuse to grant registration for
the subsequent seasons if after summary enquiry in course
of which the affected party shall be given an opportunity
to show cause it is satisfied that the dealer/trader has procured
any MFP form the primary gatherers at a rate lower than the
minimum procurement price fixed for that item of MFP under
para 5 of this resolution for the relevant year.
(g) No lease shall be granted by Government
in respect of any Minor Forest Produce nor shall it levy any
royalty on these items after commencement of this Resolution.
No Forest Department Transit permit will be required thereafter
for transport/movement of any Minor Forest Produce within
the State.
Other items of NTFP
4. (a) The Trade in Kendu Leaf will continue
to be directly controlled by the State Government as there
are well laid down statutory provisions for control of trade
in this item. Sal Seed which is the one NTFP items notified
as a specified forest produce under the Orissa Forest Produce
(Control of Trade) Act, 1981 will also be dealt with in accordance
with the provisions of law by Government keeping the overall
interest of the trade, the industries and the gatherers in
view.
(b) Certain items, namely say leaves, gums
and resins of different trees, Khaira and catechu, the barks
of different trees and climbers and roots of various species
which have medicinal or other uses will not be leased out,
as the collection of these items or commercial scale has adverse
impact on the sustainability of the particular species and
the forest. In particular localities, however, based on sound
assessment of silvicultural availability and enforcement of
appropriate collection procedure, any of these lease-barred
items may be allowed to be collected either directly by field
organisaton of Forest Department or a Government undertaking.
(c) The remaining items of NTFP as per the
list at Annexure - B, which may be modified by Government
from time to time, will be allowed to be procured and traded
by the dealers who have been registered for the purpose under
this Resolution by the concerned Divisional Forest Officers.
Individuals, societies, Cooperatives, Government Undertakings
and Corporations may be registered as a dealer for the above
purpose. Such registration shall ordinarily be granted by
the Divisional Forest Officers for a season (from the first
day of October to the last day of September of the following
Calendar year) to applicants seeking such registration, unless
there are valid reasons for refusing registration. The DFOs
will endeavour to promote competition among the traders and
dealers by registering as many dealers as reasonably practicable
for a specified area. For each item, as many dealers as may
come forward can be engaged for each Forest Division/Range.
OFDC, TDCC, Cooperative Societies like LAMPS etc. will also
be religible to register themselves with the DFOs and should
be encouraged to engage themselves in trading in these items.
The Vana Samrakshyana Samiti, Mahila Samiti, recognised groups
or primary gatherers may also get themselves registered for
this purpose. The fees to be paid for registration shall be
prescribed by Government.
(d) The registered dealers will be required
to furnish the names of their authorised agents/nominees and
the names of their collection and storage centres to the concerned
Divisional Forest Officers, and will also record the daily
transactions in prescribed formats. The dealers will have
to enter into an agreement with the concerned DFOs under which
the dealers will be responsible for achieving a minimum target
of procurement to be fixed by the Divisional Officer, of a
particular item during a collection season. If the collection
method of any particular item in any particular area is considered
to be harmful or injurious to the forest, the DFO may impose
temporary ban on such collection.
(e) The registered dealers will have to pay
royalty to the local forest Range Officer at the rate fixed
for the quantity of produce collected. The rate of royalty
shall ordinarily not be less than 10 per cent of the minimum
procurement price for the particular item, but this rate may
be varied by Government from time to time, suomuto or on proposals
submitted by the Divisional Forest Officers.
(f) The registered dealers will be required
to take transit permits from competent Forest Officers for
movement/transport of the produce out of the collection centres
after setting the royalty dues, etc.
(g) The Divisional Forest Officer may cancel
the registration or refuse registration of any dealer/trader
if after summary enquiry in course of which the affected party
shall be given an opportunity to show cause it is found that
the dealer has procured any forest produce from the primary
gatherers at a price less than the minimum procurement price
fixed for the relevant year under para 5 of this Resolution
or has failed to achieve the minimum target of procurement
or has failed to file the prescribed returns or has failed
to settle the royalty dues in time.
5. For all NTFP items including MFP, the Committee
appointed by Government in SC & ST Development Department
will fix the minimum procurement price each collection season
or part thereof. These procurement prices shall be announced
every year ordinarily during the month of September and will
be given wide publicity as decided by Government.
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