Joint Forest Management Handbook (Madhya Pradesh 2015) PDF

JOINT FOREST MANAGEMENT (JFM) HANDBOOK (CAPACITY DEVELOPMENT FOR FOREST MANAGEMENT AND T RAINING OF PERSONNEL) SUBMITTED TO State Project Monitoring Unit (SPMU), Department of Forests, Government of Madhya Pradesh February, 2015 JPS Associates (P) Ltd. New Delhi PART- 1 CONTENTS Page Chapter Details No. 1 Joint Forest Management – A Concept 1 2 Classification of Forests and type of committees 10 3 Procedure for formation of Committees and their membership 13 4 Executive Committee 16 5 Rights and Duties of Committees 29 6 Meetings of the Committee 34 7 Duties and Powers of Forest Officers 38 8 Micro Plan 43 9 Control and Monitoring of works of the committee 45 10 Financial Management 51 JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd ii PART- 2 ANNEXURES Sl. Details Form No. Para No. No. 1 Details of the Area of Society 2.1 2.3.3 2 Application form for Registration of Village 2.2 2.3.3 Forest/Forest Protection/Eco Development Committee 3 Format for the first meeting organised for 3.1 3.1.4 introducing the concept of Joint Forest Management 4 Format of the application to be given by the villagers 3.2 3.1.5 after a consensus to constitute a committee 5 Letter of Range Assistant regarding registration of 3.3 3.1.9 the Committee 6 Registration Certificate of Village Forest 3.4 3.1.11 Committee/Forest Protection Committee/Eco Development Committee 7 Membership Register of the Committee 3.5 3.4.1 8 Memorandum of Understanding between the Forest 3.6 3.6 Department and Village Forest Committees for Joint Forest Management 9 Memorandum of Understanding between the Forest 3.6 3.6 Department and Forest Protection Committees for Joint Forest Management 10 Memorandum of Understanding between the Forest 3.6 3.6 Department and Eco-Development Committees for Joint Forest Management 11 Certificate 4.1 4.4 12 Constitution of Village Forest/Forest Protection/Eco 4.2 4.5 Development Committee and its Executive Committee 13 Format of Oath to be taken by Chairperson/Vice 4.3 4.9 Chairperson 14 Format of Oath to be taken by the members of the 4.4 4.9 Joint Forest Management Committee 15 Identity Card for Office bearers of Forest 4.5 4.10 Protection/Village Forest/Eco Development Committee 16 Proceedings of the meeting of General Body / 6.1 6.3.1 Executive Committee 17 Valuation Report of the Range Assistant 9.1 9.3.1 18 Format for submission of recommendation 9.2 9.3.1 regarding success/failure of the Committee to the Divisional Forest Officer JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd iii Sl. Details Form No. Para No. No. 19 Annual Certificate of the Divisional Forest Officer 9.3 9.3.2 regarding the success/failure of the Committee 20 Cash Book 10.1 10.3.2 21 Ledger 10.2 10.4.2 22 Ledger of Advance 10.3 10.4.3 23 Money Receipt Book 10.4 10.4.5 24 Voucher 10.5 10.4.6 25 Format of Application/Sanction for Advance 10.6 10.4.7 26 Beneficiary Agreement 10.7 10.4.7 27 Recovery Notice 10.8 10.4.8 28 Monthly Progress Report 10.9 10.4.9 29 Annual Receipt/Disbursement Statement of the 10.10 10.4.10 Committee 30 Agreement between the Committee and Forest 10.11 10.4.11 Department (For Exploitation Work) 31 Agreement between the Committee and Forest 10.12 10.4.11 Department for execution of works JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd iv PART- 3 NOTIFICATIONS, ORDERS AND CIRCULARS Sl. Issuing Page Subject Circular No. Date No. Office No. 1 Govt. of Revised Resolution for F 16-4-91-Ten-2 22.10.2001 1 M.P., Forest obtaining people's Department participation in protection - Resolution and development of forests. 2 Govt. of Procedure for formation, F 16/4/91/10-2 29.11.2001 10 M.P., Forest working and area selection Department of Joint Forest - Order Management Committees and Executive Committee. 3 Govt. of Formation of the F 16/4/91/10-2 09.01.2002 15 M.P., Forest Federation of Department Chairpersons of Joint - Order Forest Management Committees, appeal against the order of dissolution of the Committee, rights and duties. 4 Govt. of Regarding distribution of F 16/4/91/10-2 09.01.2002 18 M.P., Forest forest produce obtained by Department the Committee from - Order thinning and cleaning. 5 Govt. of Regarding termination of F-16/4/91/10-2 09.01.2002 20 M.P., Forest membership of a Department Committee member. - Order 6 Govt. of Regarding the amount F 16/4/91/10-2 18.02.2002 22 M.P., Forest payable to the Committee Department in forest offence cases - Order registered as a result of apprehending the offender with the help of Forest Committees. 7 Govt. of Distribution of profit share F-16/4/1991/10-2 08.04.2003 25 M.P., Forest to Joint Forest Department Management Committees. - Order 8 Govt. of Distribution of profit share F-16/4/1991/10/2 18.02.2005 27 M.P., Forest to Joint Forest Department Management Committees. 9 Govt. of Madhya Pradesh Van F25/66/2004/10/2 06.02.2007 29 JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd v Sl. Issuing Page Subject Circular No. Date No. Office No. M.P., Forest Suraksha Sahayakko Dey Department Vitteeya Sahayata Rules, - Notification 2006. 10 Govt. of Amendment in para 5.2 of F-16/4/1991/10/2 14.01.2008 32 M.P., Forest the Resolution. Department - Gazette 11 Govt. of Reservation of one third of F 16-4/1991/10/2 15.01.2008 33 M.P., Forest the posts of Chairpersons Department in Joint Forest Management Committees for women. 12 Principal Instructions with regard to 134 15.01.2009 35 Chief distribution of profit share Conservator of timber and bamboo for of Forests the financial year 2007-08 to the Joint Forest Management Committees. 13 Principal Instructions with regard to JFM/FDA/252 20.01.2009 51 Chief distribution of profit share Conservator of timber and bamboo for of Forests the financial year 2007-08 to the Joint Forest Management Committees. 14 Govt. of Instructions regarding F 22-72/2011/10-2 28.01.2012 63 M.P., Forest operation of "Development Department Account" and "Committee Account" in Joint Forest Management Committees. 15 Govt. of Distribution of 100% of Net F-16-01/2012/10-2 30.05.2012 66 M.P., Forest Income received by Joint Department Forest Management Committees from harvesting of bamboo to the labourers engaged in bamboo felling. 16 Principal Distribution of 100% of Net JFM/989 04.06.2012 68 Chief Income received by Joint Conservator Forest Management of Forests Committees from harvesting of bamboo to the labourers engaged in bamboo felling. 17 Govt. of With regard to entrusting F 16-4/1991-10-2 19.05.2014 70 M.P., Forest Assistant Secretary with Department the charge of Secretary. - Order 18 Govt. of Amendment in the F 03-52/2005/10-2 08.08.2014 73 JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd vi Sl. Issuing Page Subject Circular No. Date No. Office No. M.P., Forest guidelines for use of 20% Department amount of the Profit Share received by the Joint Forest Management Committees under the Madhya Pradesh Government Resolution dated 22.10.2001 in development works. 19 Govt. of Amendment in the F 03-52/2005/10-2 07.08.2014 74 M.P., Forest guidelines for use of 20% Department amount of the Profit Share received by the Joint Forest Management Committees under the Madhya Pradesh Government Resolution dated 22.10.2001 in development works. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd vii PART- 1 JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd viii CHAPTER- 1 JOINT FOREST MANAGEMENT – A CONCEPT 1-1 What IS JFM Joint Forest Management (JFM) is an approach and program initiated in the context of the National Forest Policy of 1988 wherein state forest departments support local forest dwelling and forest fringe communities to protect and manage forests and share the costs and benefits from the forests with them. For working in coordination with villagers, Forest Committees are constituted. A Micro plan for development of forests and villages is prepared by the Forest department and the forest committees. Along with the protection and development of forests, the main purpose of this plan is to fulfil the forest based needs of the local population like small timber, minor forest produce, fuel wood, leaves, grass, fodder etc. by regulated use of the forests. In addition, by efforts to increase the agriculture and forest production and processing their produce, employment opportunities are created in villages so that villagers are dissuaded from illicit felling and encroachments in forests. Attempts are also made to provide for other basic necessities of the villagers so that pressure on forest resources is minimized 1-2 Why JFM India has a long history of local use and protection of forests. The oldest examples perhaps are of sacred groves, which are an indigenous community approach for protecting patches of forests for a variety of ecosystem services. Many communities have historically protected local forests. Revenue systems reserved uncultivated areas as common lands, which included both grazing and forests lands. Even after the start of reservation of forest lands by the colonial Government, the Indian Forest Act of 1927 recognized the logic and need for local control and management of forests in the form of a provision for Village Forests in Section 28. This however was implemented sparingly. In the National Forest Policy 1952, the first of independent India, basic responsibility of protection and management of forests was entrusted to the Forest Department. In keeping with this policy, the forests were managed mainly for industrial development of the country and production of timber. No Systematic efforts were made to ensure partnership of local people in management of forest. As a result of continuous increase in the human and cattle population the pressure of needs of fuel and fodder kept on increasing. As a result of increasing pressure on forests and in the absence of peoples' participation in forest management uncontrolled use of forests could not be stopped and the condition of forests kept on deteriorating. The situation was further worsened because of diversion of forest lands for other uses. Loss and JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 1 degradation of forests accelerated through the 1970s and 1980s and the first State of Forest Report published in 1987 highlighted the impact on forest cover. During this period, with the aim of decelerating the depletion of forests, central control was established on diversion of forest land for non-forestry purposes through Forest Conservation Act 1980. This was an important step towards conservation of forests by controlling their use for non-forestry purposes. However, it was being continuously felt that the conservation and development of forests was not possible without the active participation of people in forest management. As a result of this new thinking fundamental changes were brought about in National Forest Policy 1952 and the new National Forest Policy of 1988 was formulated. 1-3 Basis for Joint Forest Management (A)Central Initiatives 1.3.1 National Forest Policy 1988 The primary and most significant basis for JFM is provided by the National Forest Policy of 1988. The basic objectives as stated in the NFP 1988 are:  Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the forests of the country.  Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represent the remarkable biological diversity and genetic resources of the country.  Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs in the “interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs.  Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts.  Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry programs, especially on all denuded, degraded and unproductive lands.  Meeting the requirements of fuel-wood, fodder, minor forest produce and small timber of the rural and tribal populations.  Increasing the productivity of forests to meet essential national needs.  Encouraging efficient utilization of forest produce and maximizing substitution of wood.  Creating a massive people’s movement with the involvement of women, for achieving these objectives and to minimize pressure on existing forests. Objective 9 (peoples movement ) directly points to the need for a community based local forest management approach, especially to meet the other objectives of local subsistence needs (objective 6), expanding forest cover (objective.5), environment (objective 1-4) and forest production (objective 7-8). The Strategy section JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 2 emphasizes provision of fodder, fuel and pasture and minor forest produce of the policy document. The section on Management of Forests of the above document also includes a separate section on Rights and Concessions (4.3.4), which states “4.3.4.2. The holders of customary rights and concessions in forest areas should be motivated to identify themselves with the protection and development of forests from which they derive benefits. The rights and concessions from forests should primarily be for the bonafide use of the communities living within and around forest areas, especially the tribal” It further goes on to state that, “4.3.4.3, the life of tribal and other poor living within and near forests revolves around forests. The rights and concessions enjoyed by them should be fully protected. Their domestic requirements of fuel wood, fodder, minor forest produce and construction timber should be the first charge on forest produce.” Section 4.6, dealing with Tribal people and Forests, states that, “Having regard to the symbiotic relationship between the tribal people and forests, a primary task of all agencies responsible for forest management, including the forest development corporations should be to associate the tribal people closely in the protection, regeneration and development of forests as well as to provide gainful employment to people living in and around the forest. 1.3.2 Central MoEF Guidelines  June 1st1990 Taking the lead from the National Forest Policy 1988, as well as the earlier experiments of people participation in forest management in West Bengal, Gujarat, Orissa, Haryana etc., the June 1st 1990 guidelines provided the basis for initiating Joint Forest Management in forest lands. The initial focus in the 1990 guidelines was on degraded forest areas.  Guidelines for Strengthening the Joint Forest Management Program (February 21st 2000) As on 1.1.2000, approximately 10.24 million ha of forests lands were being managed under JFM programme through 36,075 committees (21.02.2000 Guidelines). Ten years after the initial JFM order, the MoEF issued guidelines on, for strengthening JFM, covering four main aspects.  It proposed “legal backup to the JFM committees”. This included :-  Registering them under committee’s registration Act.  An uniform name - JFM Committees  MOU to be signed between state government and JFMCs.  All adults eligible to become members  To promote participation of women, certain threshold criteria were proposed for JFMCs :-  General membership – at least 50% women  Executive committee – at least 33% women JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 3  Quorum for EC, at least 1/3 of women members or 1 member whichever is higher  President/Vice-President/Secretary – at least one post should be held by a women member  Expansion of JFM beyond degraded forests, "Extension of JFM in good forest areas”.  Proposed on a pilot basis, to be reviewed and expanded subsequently.  Maximum sharing of revenue at 20%,  Management broadly as per working plan, with JFM mostly for NTFP management  Minimum of 10 years of protection to be eligible for revenue sharing.  Guidance for Micro Plan preparation was provided for both new Work Plan and existing Work Plan areas For new WP (Work Plan) areas  Include a JFM overlapping working circle with broad provisions for micro plans.  Evolve flexible guidelines for preparation of local need based micro  Micro plans prepared by the Forest Officers and JFMCs after detailed PRA exercise  Utilize locally available knowledge and strengthen of the local institutions  Cover local consumption, market linkages, environmental function and biodiversity conservation For existing WP (Work Plan) areas  Dovetail micro-plans into WP and implement them by special order of the PCCF.  focus on multiple products and NTFP  can cover community lands and other government lands outside notified forest areas  Conflict Resolution:  may constitute divisional and state level representative forums or working groups  including all stakeholders as well as NGOs  Recognize Self-initiated groups  Identify, recognize, and register community groups as JFM Committees.  Recognize prior protection while sharing benefits.  Contribution for Regeneration of Resources:  Reinvest 25% of the share of village community and of the FD in forest.  Transparent mechanisms for computation of income for sharing benefits.  Monitoring and Evaluation:  Concurrent monitoring at Division and State level  Evaluation at interval of 3 years (division) and 5 years (State).  Third Set of guidelines: December 24th, 2002 Subsequent guidelines in Dec 2002 emphasized three aspects: JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 4  Signing of Memorandum of Understanding (MOU), outlining the short term and long term roles and responsibilities, implementation of work programme, pattern of sharing of usufructs and conflict resolution.  Suggesting a Relationship with Panchayats, that lets JFM Committees benefit from the administrative and financial position and organizational capacity, while maintaining the “separate non-political identity of the JFM Committees as ‘guardian of forests’ ”. Secondly, benefits from NTFP sales should be shared with all members of the gram sabha including the JFM committees  Proposing Capacity building for managing Non-Timber Forest Products (NTFPs)  Recognizing importance of NTFP management in good forest areas for sustainability and local benefits, propose capacity building for:  non-destructive harvesting (in accordance with working plans),  equity in sharing,  institutional reforms  strengthening the set-up of NTFP management 1.4 Provisions for Joint Forest Management in Madhya Pradesh - Taking cognizance of National Forest Policy 1988 and the first Guidelines issued by the Govt. of India on June 1st 1990, Madhya Pradesh also initiated the process of formalization of Joint Forest Management. The Government realized that any attempt at reforestation of areas degraded due to biotic pressure, cannot succeed without people's participation. Therefore, in order to ensure the success of the reforestation in degraded forests in partnership of people living around them, committees should be constituted. In order to encourage people's participation in reforestation programmes in such areas and make them successful, the people have to be made partners in the produce from such forests. In this background and in the light of situations arising from time to time, the Government issued a series of resolutions. First Resolution: December 10, 1981  Focused on sensitive and degraded forest areas: (1) With a view to protecting sensitive forests, Forest Protection Committees be constituted involving residents of villages/village groups near such areas. Such Committees should be paid 20% of annual net income out of the forests protected by them. (2) For obtaining cooperation of nearby villagers in rehabilitation of forests degraded due to biotic pressure, Village Forest Committees be constituted. 30% out of the income from main felling of timber and fuel resulting from reforestation in such areas and Nationalised Minor Forest Produce and 100% of the interim produce obtained as a result of thinning, cleaning etc. in such areas be given to the Village Forest Committees. (3) The procedure approved by the State Cabinet for constitution and working of these Committees be followed. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 5 Second Resolution: January 4, 1995 (1) With a view to ensuring cooperation of villagers in rehabilitation of forests degraded as a result of biotic pressure, Village Forest Committees be constituted through Panchayats in villages/groups of villages situated within 5 Kms of forests. 30% out of the income from main felling of timber and fuel resulting from reforestation and 100% of net income out of the interim production as a result of thinning, cleaning etc. be given to this committee. If the committee opts for the produce resulting from thinning, cleaning etc., then the whole production of such operations be given to the Committee. (2) For protection and development of eco-system in remaining areas, Forest Protection Committees be constituted through Panchayats in villages/groups of villages situated within 5 Kms of forests. In such Committees, realizing their positive contribution royalty free forest produce be made available under Nistar, recovering only the exploitation and transportation expenses. Third Resolution: February 7, 2000 According to the forest management practices in the state, forest areas have been divided into three zones:- First Zone: Areas included in the National Parks and Sanctuaries. These areas are extremely important from the point of view of conservation of Bio-diversity. Second Zone: Other dense forest areas, where forest products are being extracted under regular forestry practices. Third Zone: Forest areas which have been depleted due to biotic pressure and where reforestation/rehabilitation is necessary Looking to the peculiarities of each of the above zones: (1) With a view to generating people's participation in forest management, Eco Development Committees will be constituted in all villages located within National Parks and Sanctuaries and villages within 5 Km outside their boundaries which, according to the Protected Area Management, effect the management of Protected Areas and, where buffer areas are marked, all villages within such buffer areas. The JFM committees already constituted in such areas shall also be called Eco Development Committees. (2) Forest Protection Committees will be constituted in villages within 5 Kms of forest block boundaries of dense forest areas, except villages included in section (1) above. (3) Village Forest Committees will be constituted in villages within 5 Kms of forest block boundaries of degraded forest areas, except villages included in sections (1) and (2) above. (4) 10% of the net income out of final felling of timber and bamboo in forest areas allocated to Forest Protection Committees, be given to such Committees. (5) Plantation on open/degraded areas, rehabilitation of degraded forests and pasture development works be carried out in forest areas allocated to Village Forest Committees and 30% of net income out of the produce obtained from main felling of such planted/treated area be given to these Committees. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 6 Present Resolution: October 22, 2001  People centric procedures, based on rules for Gram Sabha, have been emphasized.  The term of elected representatives has been increased to 5 years (from 2 years).  Attempts have been made to reduce the control of forest subordinates on the Committee. The provision for Assistant Secretary to take over, after 2 years, the work of the Secretary has been included.  Calculation of the value of the produce for the purpose of profit sharing has been rationalized.  Share of net income from final felling of bamboo to be given to the Forest Protection Committees, has been increased from 10% to 20%.  Share of Village Forest Committees in the net income has been increased from 30% to 100%. For implementation of this portion of the resolution, the Government has issued detailed instructions for calculation of income from time to time, so that a uniform procedure could be followed in all areas of the state for calculation of income and the share of the Committees. Madhya Pradesh State Forest Policy 2005 Recognizing the importance of the role of local communities in protection and development of forests, the Madhya Pradesh State Policy has emphasized their involvement in management of forests through Joint Forest Management programme and at the same time development of communities through the forests. In view of the environmental, economic social and cultural linkages of these communities with forests, sustainable development of weaker sections of the society, especially forest dependent tribal communities and women has been included in the basic objectives of this policy. At the same time, need for providing traditional and modern techniques and skills as well as healthy work atmosphere to forest officials and members of the forest committees in order to encourage them to work with full capacity and zeal, has also been emphasized. In the strategy for expansion and development of forest area for environmental stability and ecological balance, emphasis has been laid on afforestation work on a large scale including secondary regeneration work in dense forests, improvement of forests in degraded forest areas and wastelands, irrigated plantations in suitable areas with the help of local communities including the women in denuded forest areas. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 7 Similarly, in the strategy for forest protection, along with other measures, the need for ensuring maximum participation of local communities in forest protection has been laid down. Creating a separate section for Joint Forest Management in the State Forest Policy, special provisions for development of forests and forest dwellers have been included. In this section, encouraging villagers of all the villages within a radius of 5 kms from the boundaries of forests to constitute committees and giving at least 30% reservation to women in total number of members and Chairpersons of all the committees has been mentioned. Provision has also been made for imparting necessary training for the empowerment of the committees along with establishing a partnership among rural and tribal communities on one hand and Forest Committees and research institutions on the other for use and development of traditional knowledge and methods regarding bio-resources of these communities. Providing required legal powers to Committees to prevent forest of fences has also been mentioned in this section. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 8 Chapter- 2 Classification of Forests and type of committees 2.1 According to the forest management practices in the state forest areas have been divided into three zones:- First Zone: Areas included in the National Parks and Sanctuaries. These areas are extremely important from the point of view of conservation of Bio-diversity. Second Zone: Other dense forest areas, where forest products are being extracted under regular forestry practices. Third Zone: Forest areas which have been depleted due to biotic pressure and where reforestation/rehabilitation is necessary. 2.2 Classification of Committees: 2.2.1 With a view to generating people's participation in forest management, Eco Development Committees will be constituted in all villages located within National Parks and Sanctuaries and villages within 5 Km outside their boundaries which, according to the Protected Area Management, effect the management of Protected Areas and, where buffer areas are marked, all villages within such buffer areas. The JFM committees already constituted in such areas shall also be called Eco Development Committees. 2.2.2 Forest Protection Committees will be constituted in villages within 5 Kms of forest block boundaries of dense forest areas, except villages included in section 2.2.1 above. 2.2.3 Village Forest Committees will be constituted in villages within 5 Kms of forest block boundaries of degraded forest areas, except villages included in sections 2.2.1 and 2.2.2 above. 2.2.4 The committee specified for a type of forest area above, shall be constituted based on the kind of forests adjoining the village. If more than one type of forests are located near the village, then the committee will be constituted on the basis of the type of forests which is greater in extent. More than one committee shall not be constituted in any village. 2.2.5 If more than one village are located around a Forest block/compartment and residents of such villages depend on that block/compartment for their nistar, then a committee can be constituted for such a group of villages also. The Forest block/compartment will be under the jurisdiction of that committee. 2.3 Selection of area 2.3.1 After constitution of the committee, forest area will be selected for different types of committees by the forest officer in charge of territorial/wildlife division/ Director, National Park in consultation with the Executive Committee. For this, a forest officer not below the rank of a Forest Ranger shall be authorized by the concerned officer. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 9 2.3.2 All the compartments of the division shall be classified as dense or not dense on the basis of details given in the current working plan of the division. The Division Office shall provide such a list for each Range to the subordinate officers/employees. So that, there is no confusion at the level of the Forest Guards regarding the type of committee. 2.3.3 The officer authorized in accordance with para 2.3.1, shall inspect the compartments and verify the list provided by the Division office, in respect of density of compartments. He will ascertain the type of committee to be formed after visiting the area along with the villagers and submit the proposal for formation of committee to the Sub Divisional Forest Officer in the prescribed format (Form 2.1), through the Range Officer. On receipt of the proposal for formation of a committee from villagers, the Range Officer shall submit his recommendation and request to the Divisional Forest Officer, in Form 2.2, through the Sub Divisional Forest Officer. The Divisional Forest Officer shall decide on the type of the committee and register it, on the basis of the proposal received from the Forest Ranger and the Sub Divisional Forest Officer in Form 2.2. 2.3.4 The distance of the forest area from the village and its traditional use by the villagers for nistar shall be kept in mind while deciding the forest area for a committee. The area will be selected on the basis of the recommendation regarding its suitability by an officer of the level of ACF. In case of any difference of opinion in selection of an area, the decision of Divisional Forest Officer (Territorial/Wildlife Division)/ Director, National Park shall be final. 2.3.5 No forest area within the Protected Area will be selected for Eco Development Committees. Only for villages situated outside the Protected Areas, which influence the management of Protected Areas, forest area situated outside the Protected Area can be allotted to Eco Development Committees constituted for such villages, in accordance with para 2.3.4. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 10 Chapter- 3 Procedure for formation of Committees and their membership 3.1 Formation of Committees: 3.1.1 In order to educate the people about the Joint Forest Management, the local forest officials will organise meetings in the villages of the state. For this purpose, the Division office shall provide a list of villages entitled for formation of committees i.e. the villages located within 5 Kms of the forest boundary, to the Beat Guard. 3.1.2 For educating the villagers about Joint Forest Management, forest officer not below the rank of a Forester shall organise meetings in the villages entitled for formation of such committees. The date, time and place for such meetings will be fixed in such a way that maximum number of villagers can participate in them. If necessary, these meetings will be organised at different places in the village so that most of the villagers can participate in them. In such meetings, besides informing the villagers about the concept and arrangement of Joint Forest Management and its benefits, examples should be given of nearby villages that have successfully managed the forests. 3.1.3 Assistance may be sought from the panchayat and NGOs and other community based groups – e.g. mahiladals, youth groups, SHGs and any individuals or groups that had earlier tried to protect the forest. For this purpose, in addition to village level meetings, informal meetings should also be done at hamlet level, in small groups and one-to-one with individuals. This will both spread word about the process, and also help identify active individuals who can engage other community as well. 3.1.4 The forest officer will inform the Range Officer regarding the progress of such meetings in form no. 4.1. 3.1.5 After such meetings by the forest officer, if the villagers voluntarily want to join in the protection, development and management of forests, then they will submit an application in form no. 4.2, signed jointly by them, to the Range Officer. 3.1.6 The Range Officer will decide on the date, time and place of the meeting of the Gram Sabha for formation of the committee, in consultation with subordinate employees and the villagers and mark it on the second copy of the application and also inform the villagers submitting the application. In addition, a proper notice in accordance with the procedure laid down in Madhya Pradesh Gram Sabha (Sammilan ki Prakriya) rules 2001, shall also be issued. 3.1.7 On the scheduled date, the meeting of the Gram Sabha will be organised as per procedure specified in Section 6 of Madhya Pradesh Panchayat Raj and Gram JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 11 Swaraj Adhiniyam 1993 and Madhya Pradesh Gram Sabha (Sammilan ki Prakriya) rules 2001. In this meeting, if 50% or more persons out of the villagers eligible to vote are present and by consensus, pass a resolution for formation of a committee for protection and management of forests around the village, then the committee specified for the zone in which the village is situated as per para 2.2, shall be formed. For the purpose of formation of committee such habitations or groups of habitations or hamlets or their groups which include such communities who manage their affairs according to the traditions and customs shall be treated as a village, as per section 4(B) of Panchayats (Extension to Scheduled Areas) Act 1996, whether such a village is situated within or outside the Scheduled area (Schedule of the Constitution). After the collective decision of the villagers regarding the formation of the committee, in the meeting of the Gram Sabha, the forest officer present in the meeting shall submit a report regarding consensus of the Gram Sabha to the Range Officer in Form 4.3 and give details of the forest area situated near the village which can be protected and managed through the committee in Form 2.1. 3.2 Term of the committee 3.2.1 The term of the Committee formed through the procedure described above, shall be for 5 years from the Date of Registration. The term of the committees and their executive committees working since before shall also be for 5 years from the date of Renewal of Registration after the first approval from the Gram Sabha. 3.3 Eligibility for Membership of the Committee and Procedure for Membership 3.3.1 All eligible voters of the village shall be members of the General Body of the committee and must be made members. The facilitator (representative from Forest Department) should make an attempt to inform all adults about the process of setting up a JFMC, the rationale of membership and emphasize that all families are eligible and should be made members. 3.4 Membership Register 3.4.1 A register for membership in Form 3.5 shall be maintained for each committee. Money receipt should be issued in Form 10.4 for Membership Fee as well as for any other amount charged from members. 3.5 Bank Account of the Committee 3.5.1 Two accounts shall be opened in a local or nearby bank branch, in the name of the Joint Forest Management Committee. For any amount received by the Committee as grant or contract amount grant a "Development Account" shall be opened. For the income of the Committee earned on its own a "Committee Account" shall be opened and the Committee shall be free to use the amount in this account. Membership fees and any other money collected initially may be deposited in this account. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 12 3.6 For protection of the allotted area and works to be carried out there, an Agreement between the Committee and the Forest Department will be executed. Format of this annexure is given in Form JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 13 Chapter- 4 Executive Committee 4.1 Chairperson, Vice Chairperson and Executive Committee will be elected in the first meeting of the committee, organised in accordance with the procedure given in M.P. Gram Sabha (Sammilan ki Prakriya) Rules, 2001. Their term will be for 5 years. 4.2 Dates of election shall be widely publicized. The local forest officials shall ensure that all members, especially women, are aware of the date and place of the election and participate in them in maximum numbers. 4.3 Composition of Executive Committee Executive Committee of a minimum of 11 and a maximum of 21 members shall be constituted from amongst the members of the committee (leaving the ex officio members), according the procedure described in para 4.1. 4.3.1 Chairperson and Vice Chairperson of the committee shall also be the Chairperson and Vice Chairperson of the Executive Committee. 4.3.2 It will be necessary to have a woman on one post out of Chairperson/ Vice Chairperson and one third of the posts of Chairpersons shall be reserved for women. 4.3.3 Taking into account all the members of the Executive Committee the ratio of the members of Scheduled Caste, Scheduled Tribe and Other Backward Class should, as far as possible, be the same as that in the Gram Sabha. 4.3.4 There will be a minimum of 33% women members in the Executive Committee. If there are any Women Saving Groups in the village, one representative from each such group shall be elected in the Executive Committee. 4.3.5 At least 2 members (1 male and 1 female) will be elected from among the landless families, if available. For this, one representative from each self-help group operating in the village, shall be elected. 4.3.6 All Panch/Sarpanch residing in the village and Chairperson of the Gram Vikas Samiti of the Gram Sabha shall be ex-officio members. 4.3.7 One beneficiary from each committee working for development in the village shall be a member. 4.3.8 In addition to the members listed above, the Forest Guard or the Forester in charge of the concerned forest area (for areas transferred to the M. P. State Forest Development Corporation, equal ranked employee of the Corporation) shall be the ex-officio Secretary of the Executive Committee. On Assistant. Secretary assuming charge of the Secretary after 2 years, the Forest Guard or the Forester in charge of JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 14 the concerned forest area shall remain ex-officio member of the Executive Committee, in the role of a technical expert. 4.3.9 Assistant Secretary will work with the Secretary of the Executive Committee for an initial period of 2 years. 4.3.10 Tenure of all members, except the ex-officio members, shall be for five years. 4.4 Immediately after the elections, a certificate in Form 4.1 shall be issued under the joint signature of the Range Officer and Sarpanch, Gram Panchayat, mentioning the election of Chairperson and Vice Chairperson. 4.5 Range Officer shall also issue the details of formation of the Committee and its Executive Committee in Form 4.2. Copies of this shall be endorsed to the Divisional Forest Officer, the Sub Divisional Forest Officer and the Chairperson of the Committee. 4.6 The Member Secretary will provide all the Ex-officio members of the Executive Committee (all members of the Executive Committee except the elected members) written information regarding their membership in the Executive Committee. 4.7 Secretary and Assistant Secretary 4.7.1 Forest Guard or the Forester in charge of the concerned forest area shall be the ex- officio Secretary of the Committee. 4.7.2 In the Committees constituted for the forest areas transferred to M.P. State Forest Development Corporation equal ranked employee of the Corporation) shall be the ex- officio Secretary of the Committee. 4.7.3 A member of the Committee, who has interest in Forest and Environmental Conservation and has passed class VIII, shall be made Assistant Secretary of the Executive Committee. Preference will be given to a member belonging to Scheduled Caste/ Scheduled Tribe and having interest in Forest and Environmental Conservation. 4.7.4 Assistant Secretary shall acquire expertise in the first two years working with the Secretary as a member of the Executive Committee. Thereafter, he will discharge his responsibilities as the Secretary. 4.8 A federation of the Chairpersons of the committees will be formed at the Division level. 4.9 Oath Immediately after the elections of the Committee, in the first meeting of the General Body, the newly elected Chairperson and Vice Chairperson shall take an oath regarding discharge of their duties, The Range Officer shall administer this oath to JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 15 them. Format of the oath is given in Form 4.3. In the same meeting of the General Body, all members of the Committee attending the meeting shall be administered the oath regarding obedience of rules and decisions. This oath shall be administered by Chairperson/Vice Chairperson of the Committee. The format of this oath is given in Form 4.4 4.10 Identity Card Identity cards in Form 4.5 shall be issued to Chairpersons, Vice Chairpersons and other members of the Executive Committee. Identity Card serves several purposes. for the JFMC staff/committee members. It serves to provide an identity. At the same time, it acts as a means of introduction when meeting people or when going to various government departments. It has an important role in restricting entry and movement in the forest. 4.11 Ineligibility of Chairperson, Vice Chairperson and Other Office Bearers of the Committee A person shall be ineligible for the post of Chairperson Vice Chairperson and other Office Bearer, if he: 4.11.1 is bankrupt or has been declared so. 4.11.2 has become insane. 4.11.3 has been convicted by a court for moral turpitude or a forest offence. 4.11.3 has been removed from service of Central / State Government / Public / Local / Cooperative institution. 4.11.4 has been removed by the Competent Authority for any irregularity or through ano- confidence motion in the meeting of the committee. 4.11.5 has been removed by the competent authority through no confidence motion in a meeting of the committee for any irregularity 4.11.6 Is a defaulter of a loan by previously constituted committee. 4.11.7 Such a person shall not be eligible to loan any person in the Joint Forest Management committee for period of 6 years from the date of punishment. 4.11.8 Elected member of any other institute or a person working on a position of profit in the Government or any office bearer of any institution aided by the Government cannot become Chairperson or Vice Chairperson of the committee. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 16 4.12 Disqualification or Removal of Office Bearer 4.12.1 Sub Divisional Forest Officer can declare a member or an office bearer disqualified to hold the post within one month of receiving information about his ineligibility as per provisions contained in para 4.8; after giving him proper opportunity of hearing. 4.12.2 Sub Divisional Forest Officer of the area can remove a Chairperson / Vice Chairperson or any member of the Executive Committee any time, after enquiry based on the complaints of the following nature or other complaints relating to their discharge of functions in the committee. 4.12.2.1 Gross negligence of powers and duties shown in the Government resolution of Joint Forest Management. 4.12.2.2 If in the public interest, his continuation in the post is not desirable. 4.12.2.3 Office bearer doing anything which results in monetary benefits to his relatives. For this purpose the term relative shall include father, mother, brother, sister, husband, wife, son, daughter, father-in-law, mother-in-law, brother-in-law (Sala, Behnoi, Devar), sister-in-law (Sali, Bhabhi, Nanad, Deorani ,Jethani) son-in-law, daughter- in-law. 4.12.3 However, no person shall be removed unless he has been given an opportunity to show cause, why he should will be removed from the post. 4.12.4 The final orders by the Sub Divisional Forest Officer shall, as per as possible, be passed within 90 days from the days of issues of show cause notice to the concerned office bearer. 4.12.5 Principle of natural justice shall be followed in this process and charges evidence, counter evidence and other representations shall be considered before taking any decision. Clear basis for issuing orders of removal of the office bearer shall have to be given. Moreover, the reasons for rejecting the clarification of the accused will also have to be given. 4.12.6 Any person removed through the procedure laid down above, shall be ineligible for any post in the Executive Committee of the Joint Forest Management Committee for a period of 6 years from the date of issue of such order. 4.12.7 The concerned office bearer can file an apparel against the order of the Sub Divisional Forest Officer within 30 days from the issue of the order, to the Divisional Forest Officer, Territorial/Wildlife /Director, National Park. The Appellate Authority shall decide on the appeal within 60 days from its receipt. The decision of the Appellate Authority shall be find and binding in all concerned. 4.13 No confidence Proposal against the Chairperson/ Vice Chairperson of the Committee JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 17 4.13.1 In the event of 10% members of the committee submitting a joint applicator to the Forest Ranger for removed of Chairperson /Vice Chairperson along with reasons for the same, the Forest Ranger shall forward the application to the Territorial Sub Divisional Forest Officer for further action, within 8 days of receipt of such application. The Territorial Sub Divisional Forest Officer, after satisfying himself, shall appoint himself or some other officer not below the rank of a Forest Ranger , who will convene the special meeting of the General Body of the Committee for removal of Chairperson / Vice Chairperson. 4.13.2 Concurrences of at least 1/10 of the members of the committee and prior notice of at least 15 days before the proposed meeting of the General Body is essential for the no-confidence proposal against the Chairperson /Vice Chairperson. If a meeting of the General Body is not proposed in the near future, General Body Meeting shall be organised with 15 days the receipt of no confidence proposal and the proposal discussed therein. 4.13.3 No Chairperson /Vice Chairperson against whom no confidence proposal is to be discussed, shall chair this meeting of the General Body. Such meeting shall be chaired by an officer who is not below the rank of the RO of the area and who has been authorized by the DFO 4.13.4 The concerned Chairperson /Vice Chairperson or the other office bearer, against whom the no confidence proposal is to be considered, can attend the meeting. 4.13.5 The no-confidence proposal can be passed by the General Body of the committee through passing of a resolution by not less than 3/4thof the member present and voting, and who are more than half the number of electors who have participated in the election of Chairperson /Vice Chairperson or the other office bearer, at that time. The Chairperson /Vice Chairperson or the other office bearer against whom the proposal of no-confidence has been passed in the above manner, shall cease to hold the post with immediate effect. 4.13.6 A proposal of no-confidence against the Chairperson /Vice Chairperson shall not to be moved  Within 6 months from the date of assuming charge by him/her.  Within 3 months preceding the date of completion of tenure by him/her.  Within 6 months from the date of rejection of the last no-confidence proposal. 4.13.7 The concerned Chairperson /Vice Chairperson/ other Office Bearer who wishes to challenge the legality of proposal passed in the above described manner, then he will prefer the dispute to the concerned Divisional Forest Officer within 15 days of the date of passing of such proposal, who shall decide on it, as par as possible, within 30 days from its date of the receipt and his decision shall be final. 4.13.8 During the pendency of the appeal, as above, the removed Chairperson/Vice Chairperson/other Officer Bearer shall not remain in the office. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 18 4.14 Resignation by Chairperson/Vice Chairperson/Other Office Bearer of the committee If any Vice Chairperson or Other Office Bearer wants to be voluntarily relieved of the responsibility he will submit the resignation to the Chairperson. If the Chairperson wants to resign, he will submit the resignation to the Sub Divisional Forest Officer. Chairperson/Sub Divisional Forest Officer shall accept/reject the resignation of the Office Bearer after due deliberation. In case, the resignation is accepted, procedure for selection/nomination of new Office Bearer as laid down in Para 4.1 & 4.2 shall be followed. 4.15 Procedures for filling vacant posts 4.15.1 For filling up the posts falling vacant due to expulsion, removal or death of an Office Bearer, process of co-option/election shall be followed after convening a meeting in accordance with the procedure laid down in para 4.1 & 4.2 4.15.2 For this purpose, the committee after passing a resolution, shall request the Divisional Forest Officer to appoint an election Officer. On such an application the Divisional Forest Officer shall appoint an election officer, not below the rank of a Forest Ranger, who will convene a meeting of the General Body of the committee as per prescribed procedure. 4.15.3 Election to the vacant post of elected office bearer other than Chairperson/Vice Chairperson shall be done in a meeting to be chaired by the Chairperson of the committee and an official of the same category/class shall be elected as the category /class of the outgoing Office Bearer. 4.15.4 Nomination to the vacant post of an ex officio member shall be done in a meeting to be chaired by the Chairperson of the committee and an official of the same category/class shall be nominated as the category /class of the outgoing Office Bearer. 4.15.5 The Gram Sabha must be informed about the requirement of filling a vacant position and its approval must be taken. 4.16 Duties and Powers of Executive Committee The Executive Committee is essentially formed for conducting the activities of the Joint Forest Management Committee. It is, therefore, fully capable of utilizing the powers and fulfilling the responsibilities of the Joint Forest Management Committee as outlined in the Government Order. 4.16.1 The executive committee shall consider & give its suggestions on Micro Plan & Annual Work Plan prepared by the committee for integrated development of Forests and villagers, in coordination of with the forest department. The Forest Micro Plan should help in meeting the rural community’s demand for fodder, fuel wood, NTFPs, timber, and other forest products, as well as secure ecosystem services. The plan JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 19 should balance local demand for forest produce with the provision of intangible ecosystem services.Take technical inputs shall also be got from the forest department staff and incorporated in the Micro Plan. The Member Secretary shall submit the Micro Plan to the Range Officer, after getting approval from the Gram Sabha on it. 4.16.2 Executive Committee shall help in preparation of Annual Work Plan based on the Micro Plan. 4.16.3 After receipt of funds, Executive Committee shall assist in execution, under the technical guidance of forest Officers, of works contained in the Micro Plan sanctioned by the Divisional Forest Officer 4.16.4 The members of Executive Committee shall inform the concerned Forest Officer immediately on receipt of information of forest offence in the nearby forest areas. They will also assist forest employees in seizing the forest produce, catching the offenders and inquiry of forest offence and will hand over the offenders to the forest officers and ensure safety of the seized forest produce. 4.16.5 The committee shall maintain, through the secretary, the accounts of funds received from various sources and shall produce the relevant records to the agency / designated by the Territorial Divisional Forest Office/Director, National Park for audit of the expenses. 4.16.6 The budget for annual action plan shall be prepared in accordance with the Micro Plan. Attempts will be made to clear the objections recorded in the Note of Audit of works executed by the committee in the previous year. 4.16.7 Prepare modalities for distribution of profit share of the committee. 4.16.8 The general body will be informed of the decisions taken by the Executive Committee in last meeting. 4.16.9 List of member of the Executive Committee and proceedings of its meeting shall be maintained in a register and shall be signed by Chairperson of the Executive Committee. In addition such other registers/records shall be maintained as prescribed by the Forest Officer from time to time. All such registers/records shall be maintained by the Secretary. 4.16.10 Shall make arrangements for judicious distribution, among members, of the forest produce obtained from thinning and cleaning of area allotted to the committee and that obtained in Nistar. 4.16.11 Shall assist the Forest Officers in judicious distribution of profit share amount obtained as a results of final felling in the area allotted to the committee. 4.16.12 Shall fix priority of works to be taken up under Forest and Village Development schemes keeping in mind the need of the villages. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 20 4.16.13 Shall decide on all matters related to trade of the committee and based on these decisions, shall assists the committee in trading activities. 4.16.14 Shall assess the requirement of loan by the villagers and accordingly, help in providing employment to the selected beneficiaries by providing facilities like loan etc. from the committee fund. 4.16.15 Shall provide all possible assistance in recovery of loan advanced in the beneficiaries out of the committee fund. 4.16.16 Shall make arrangements for judicious use of assets created in the village. 4.16.17 Sarpanch will be informed of the Village Resource Development works carried out by the committee in the village. 4.16.18 Shall ensure presence of Villagers during beat inspection carried out by the Forest Officers in the forest areas allotted to the committee. 4.16.19 Ensure that no member misuses the facilities provided by the government. 4.16.20 Provide for sanctions for controlling unsustainable use of forests. The sanctions may range from small pecuniary punishment to social boycott. 4.16.21 Appoint temporary workers for doing committee's works or their supervision on a salary/no salary basis. 4.17 Duties and Powers of the Chairperson 4.17.1 To select nominated members for the Executive Committee. 4.17.2 Convene a meeting of the Executive Committee of Joint Forest Management Committee with the support of the Member Secretary. 4.17.3 Sign agreements or any other letters on behalf of the Joint Forest Management Committee. 4.17.4 To draw amount for various works out of the funds of the committee under the joint signature with Secretary/ex-officio Secretary. 4.17.5 Execution of forestry and developmental works and payment of vouchers. 4.17.6 Make payments for trade of non-nationalized Minor Forest Produce with the aim of improvement in financial condition of the committee. 4.17.7 Maintenance of accounts of the committee as per prescribed procedure through the Secretary, their submission to officers for inspection and audit and submission of Utilization Certificates and Completion Reports to the concerned officers. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 21 4.17.8 Execution of Forest and Village Development works as per approved norms. 4.17.9 An MOU will be prepared regarding duties of the committee and benefits to be received by it from time to time. This MOU will be jointly signed by the Chairperson of committee and the District level forest officer or any other officer authorized by him for this purpose. 4.17.10 In the event of voting on any matter in the Executive Committee each member of the Executive Committee will have the right of one vote. In case of equal voting for and against an issue, the Chairperson will have the right to cast the deciding vote. 4.18 Duties of the Secretary The Member Secretary position is a very important one in the Joint Forest Management Committee as that person is responsible for day to day operations of the Joint Forest Management Committee and serves as a link between the Forest Department and the Joint Forest Management Committee members. In view of this, the Secretary shall have the following duties: 4.18.1 Build strong partnership between the Forest Department and Joint Forest Management Committee, so that the two agencies work together for the development of Forest and the people living around them. 4.18.2 Act as a resource person for disseminating information to the rural community on forest laws, instructions, government policies, new plans and schemes. 4.18.3 Support Chairperson/Vice Chairperson in operating bank accounts and maintaining financial records. 4.18.4 Organize prescribed meetings of the Joint Forest Management Committee, its Executive Committee, and other Sub-Committees, prepare proceedings of these meetings and get them approved. 4.18.5 Look after the general letter communication of the Joint Forest Management Committee. 4.18.6 Provide support for maintaining all Joint Forest Management Committee records such as – Proceeding Register, Membership Register, correspondence, accounts, cash book, pass book, cheque book etc. 4.18.7 Supervise the Joint Forest Management Committee accounts to ensure that the Accounts of the Committee are being prepared regularly and in prescribed formats and all field works are being done properly and on time. 4.18.8 Get the all accounting statements prepared in prescribed formats and submit accounts to the respective Range office, after getting them approved from proper level. 4.18.9 To ensure that the Annual Accounts get approved by the General Body of the Committee and the Accounts of the committee are audited as per rules. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 22 4.18.10 Inform all the Executive Committee members about the meeting dates and encourage them to increase their participation /involvement in the meetings. 4.19 Constitution of District Level Coordination Committee For coordination in Village Development works carried out through the Micro Plan, a District Level Coordination Committee will be formed in each district. The composition of the committee will be a under: 1. Chairperson of Jila Panchayat's standing committee an forests Chairperson 2. Divisional Forest Officer Nominated by The Conservator of Forests Member Secretary 3. All Divisional Forest Officers (Territorial) in the District Member 4. Divisional Forest Officer (Wild Life), Director, National park, Member Divisional Manager, MP State Forest Development Corporation Dy. Director, Project Tiger, Deputy/ Asstt. Conservator of Forests, Research and Extension 5. Chief Executive Officer of Jila Panchayat Member 6. Chairpersons of all Janpad Panchayats in the District Member 7. Executive Engineer.Public Health Engineering Deptt. Member 8. Dy. Director, Veterinary Services Member 9. Dy. Director, Agriculture Member 10. Dy. Director, Sericulture Member 11. Dy. Director Rural Development Member 12. District Health Officer Member 13. Dy. Director, Tribal Welfare Member 14. District Fisheries Officer Member 15. District Women and Child Welfare Officer Member 16. District Education Officers Member 17. Branch Manager, Lead Bank Member 18. Asstt. Director, Horticulture Member 19. Representative, Urja Vikas Nigam Member The committee can nominate a maximum of 2 government officers, who are experts in their field and are suitable for providing technical and other kind of guidance in rural development works, as members. The committee shall meet at least once in 4 months. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 23 4.20 Reservation for women 4.20.1 It will be necessary to have a woman on one post out of Chairperson/ Vice Chairperson and one third of the posts of Chairpersons shall be reserved for women. The following procedure be adopted for implementation of the above provision. 4.20.2 The allocation of Committees for reservation of posts of Chairpersons for women in Territorial Divisions/Wild Life Protected Areas shall be done by a committee as under :- 1. Chairperson, District Panchayat - Chairperson 2. Chairperson, Standing Committee on Forests, District Panchayat- Member 3. All Women members, District panchayat- Member 4. An officer nominated by the District Collector - Member 5. Divisional Forest Officer, Territorial / Divisional Forest Officer, Wild Life/ Dy. Director, National Park of the concerned area - Member Secretary 4.20.3 Presence of at least two thirds of the members will be essential for a meeting of the above committee. This committee shall decide on Forest Committees for reservation of posts of Chairpersons for women by making slips of the names of all Forest Committees of the concerned Territorial Division / Wild Life Protected Area and drawing lots of required number from them. The committees where the post of Chairpersons is reserved for women in this manner, shall have the post of Chairperson unreserved for the next two terms. Which will again get reserved for women in the next term and this sequence will continue in this manner. 4.20.4 After fixation of roster in this manner, the newly formed Forest Committees shall have the posts of Chairperson reserved for women in their first term. Which will be unreserved in the next two terms and will again get reserved for women in the term after that and this sequence of reservation shall continue. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 24 Chapter- 5 Rights and Duties of Committees 5.1 Rights On doing the Joint Forest Management works to the satisfaction of District Level Forest Officer, the Committee will be entitled to benefits as under: 5.1.1 Families of all committees shall be entitled to royalty free nistar, subject to availability, after deducting only the exploitation expenditure. 5.1.2 All committees shall be provided 100% forest produce obtained from thinning of timber coupes and clump cleaning in degraded bamboo forests from time to time on per provision of Micro Plan/Working Plan, after recovering the exploitation expenditure. 5.1.3 10% of the value of forest produce obtained from final felling in the timber coupes as per provision of Working Plan in the area allotted to the Forest Protection Committee shall be distributed to the committee, after deducting the exploitation expenditure.100% of the value of produce obtained from felling in bamboo coupes shall be distributed among the labourers engaged in such felling in proportion to their work, after deducting the exploitation expenditure. The calculation of value for this purpose will be based on the weighted average of the price of timber/bamboo received in the depot associated with the particular coupe. The proportion of profit share to be distributed, its calculation and all other arrangements shall be subject to changes as per instructions/orders issued by the State Government from time to time. 5.1.4 On implementation of plantation in open/degraded forest area/rehabilitation of degraded forests/pasture development work in the area allotted to the Village Forest Committee, 100% of the value of forest produce obtained from final felling in the area protected, treated and planted as above shall be distributed to the committee, after deducting the exploitation expenditure. The calculation of value for this purpose will be based on the weighted average of the price of timber/bamboo received in the depot associated with the particular coupe. The proportion of profit share to be distributed, its calculation and all other arrangements shall be subject to changes as per instructions/orders issued by the State Government from time to time. 5.1.5 The Eco-Development Committees, which are located inside the protected areas shall also be given the price of the forest produce. The value of such produce would be similar to the value being given to the Forest Protection Committees adjoining the particular protected area. This facility will be in addition to the facility of Nistar available to these villages every year. The Eco-Development Committees working in villages situated outside protected areas shall also be given the profit share as above on the basis of density of forests allocated to them. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 25 5.1.6 80% of the profit out of main felling of timber calculated for each type of committee in any year shall be distributed to the committee in part / whole of whose allotted forest area main fellings have been carried out in that year. At least 25% of this amount shall be utilized in forest development works by the committee. Committee shall use the amount received with the approval of the General Body. The balance20% shall be spent in accordance with the Madhya Pradesh Vikas Rashika Upyog Rules, 2006. The arrangement described above shall be liable for change subject to the instructions issued by the Government in this regard from time to time. 5.1.7 The above mentioned arrangement shall also be applicable to income from Crop I and Corp II from areas transferred to M. P. State Forest Development Corporation. 5.1.8 Rights of the committee with regard to minor forest produce shall be in accordance with decisions of Government of M.P., from time to time, on the provisions of Panchayats (Extension to Scheduled Areas) Act, 1996. 5.1.9 If the committee assists in apprehending the offender in a forest offence detected in the area of the committee, then 50% of the amount of compensation/Penalty recovered from the offender, after compounding of the case or decision of the court, shall be deposited in the account of the committee. Such amount shall be used for village development only. 5.1.10 If any member of the committee does not cooperate in the works of the committee, does not obey the decisions of the Committee or commits a forest offence, his membership can be terminated and his eligibility for nistar cancelled by a decision of the General Body of the committee. However, before taking such a decision, the concerned member shall be given an opportunity to present his defense. The action with regard to forest offence shall be in addition to the above action. For termination of the membership of a member of the committee, the procedure described in para 5.4 shall be followed. This arrangement can be changed on the basis of instructions issued by the Government in this regard from time to time. 5.1.11 The committee can delegate it's all or specific powers to the Executive Committee by a decision in the General Body. 5.2 Duties 5.2.1 The members of the committee shall protect the forests from fire, illicit felling, illicit transport, illicit mining, encroachments and poaching and shall help forest department in this. For achieving this, the committee shall adopt necessary measures to protect the forests with the help of its members. 5.2.2 The information regarding individuals or people engaged in harming the wild animals and forests or those engaged in illegal activities or trespass into the forest area shall be passed on to the Forest Department. 5.2.3 In the event of wild animals straying outside the forests, their safety will be ensured and the nearest forest officer informed. 5.2.4 The committee shall prepare Micro Plan and Annual Work Plan in association with the forest Deptt. The plan shall include programmes based on the specific needs of the area and also based on the community and beneficiary needs. Preference will be given to the activities directly or indirectly related to forests and wild life conservation. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 26 The Micro Plan will be signed by the range officer on behalf of the forest department and by the Chairperson of the Executive Committee on behalf of the committee. Based on the Micro Plan, the Annual Work Plan shall be prepared every year. For implementation of the Annual Work Plan, the committee will be provided up to 10% of the amount at a time. The committee shall implement the sanctioned schemes. If the committee does not execute the work satisfactorily or does not want to execute, then in such cases, the works will be executed departmentally. 5.2.5 On receiving information of commission of forest offence in their area or other forest area, the members of the committee shall immediately inform the beat guard / game guard. They will also help in forest employees in apprehending the offenders. Apprehended offenders and forest produce shall be handed over to the forest officer. 5.2.6 A Memorandum of Understanding shall be signed between the Chairperson of the committee and the Divisional Forest Officer or any officer authorized by him. 5.2.7 Contribution of members of the committee in the form of labour component in the implementation of Micro Plan in a accordance with Para 8.3 shall be ensured. 5.2.8 The committee members shall assist the employees of the forest department in inquiry of forest offences. 5.2.9 Proper accounts will be maintained for funds received from different sources by the committee and shall be got audited by agency fixed by the forest officer. 5.2.10 The committee shall maintain a list of its members in a register. In addition, such other registers and records as prescribed by the forest officer, shall be maintained. 5.2.11 During patrolling in their area, the members of the committee shall be deemed to be public servants like forest employees under various acts and shall have legal protection like public servants for acts done in good faith and in public interest. Similarly, if any member of the committee or any other person working for this purpose, gets injured or loses his life during prevention or detection of forest offence or operation thereafter, he will be entitled to all benefits like forest employees. 5.2.12 If the committee assists in apprehending the offender of forest offence detected in the area of the committee then50% of the amount of compensation/Penalty recovered from the offender, after compounding of the case or decision of the court, shall be deposited in the account of the committee. 5.3 Power and Duties of General Body 5.3.1 Elect Chairperson and Vice Chairperson in the first meeting of the General Body. 5.3.2 Deliberate in proposals contained in the Micro Plan related to Forest and Village development. 5.3.3 Approve the income expenditure & financial accounts of the committee. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 27 5.3.4 Draft / Discuses / approve the Annual Work Plan of next year. 5.3.5 Decide on priorities of execution of works mentioned in Annual Work plan for the funds received from different sources. 5.3.6 Get audit objections raised on works carried out in the previous year, presented and also get social audit done. 5.3.7 Get profit statement of committee for the previous year presented and accord approval to profit distribution. 5.3.8 Discussion on decision taken by the Executive Committee on various subject and approval wherever necessary. 5.4 Termination of membership of a Committee Member 5.4.1 If any member of the committee does not cooperate in the works of the committee, does not obey the decisions of the Committee or commits a forest offence, his membership can be terminated. 5.4.2 Before termination of membership, a show cause notice will be sent to the concerned member through the Secretary of the Committee, after approval of the Chairperson. 5.4.3 Before termination of membership, the concerned member will be given an opportunity to present his case. On receipt of the notice for termination of membership, the member shall present his reply to the Committee, within 30 days. 5.4.5 The General Body of the Committee, after deliberating on the reply received from the member and if it is not satisfied with the reply, can give its decision on termination of his membership and depriving him of his eligibility for royalty free Nistar. 5.4.5 The concerned person can file an appeal with an officer of the rank of a Forest Ranger having territorial jurisdiction, within one month from the date of the order of the Committee, terminating his membership and depriving him royalty free Nistar. 5.4.6 The Range Officer shall pass his decision on the appeal within 15 days and inform the Divisional Forest Officer and the Secretary of the concerned Committee and the appellant. 5.4.7 On the request of the concerned person, the General Body of the Committee can restore his membership which was terminated through the above procedure, after one year of such termination. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 28 JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 29 Chapter 6 Meetings of the Committee A. General Body 6.1 Meetings 6.1.1 All eligible voters shall be members of the General Body of the Committee. For this purpose, the Secretary of the Committee shall obtain copies of electoral rolls of the village from the concerned Divisional Forest Officer and keep it in the records of the Committee. The category wise description of the membership shall be maintained in the Membership Register of the Committee and the Secretary will also ensure that all villagers except ineligible persons as described in Para 4.9 become members of the Committee. 6.1.2 The General Body of the Committee shall have supreme powers with regard to the working of the Committee. 6.1.3 The General Body shall meet at least once in every 6 months. 6.1.4 The Chairperson of the Committee shall decide the date, time and place of the meeting of General Body and the same shall be announced by drum beat in the village at least 3 days before the scheduled date of the meeting, so that all members of the General Body are informed. Notices regarding the meeting shall also be displayed at all public places in the village. 6.1.5 The meetings shall be held in buildings of Panchayat, School or other Government/ Public places / building available in the village. Meeting shall not be organised at a private residence of any person. 6.1.6 While deciding on the date and time of the meeting it should be kept in mind that it is convenient for landless, small and marginal farmers and women to attend. 6.1.7 If any member of the Committee wants any matter to be discussed in the meeting, he will give notice of the subject to Chairperson/Vice Chairperson/ Secretary, at least one day before the meeting. At the time of notification of meeting by drum beat, all members will be intimated that if they want any matter to be discussed in the meeting, they should intimate the subject matter to Chairperson/Vice Chairperson/Secretary at least one day before the meeting. 6.1.8 At the beginning of the meeting of the General Body, all matters received up to one day before shall be discussed and the agenda will be finalized by consensus, which will contain matters to be discussed in the meeting that day. Thereafter, each item of agenda shall be thoroughly discussed and decisions taken by majority. 6.1.9 The decisions taken in the last General Body meeting shall also be ratified in the meeting. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 30 6.1.10 Chairperson/Vice Chairperson/members of Executive Committee/members of the Committee, Office bearers or officers shall be personally responsible for loss, wasteful expenditure or misappropriation of cash or other property of the Committee in which he has been a partly or which has been caused by his inaction or gross negligence of his duties. Any amount which is required as a compensation for such loss, wasteful expenditure or misappropriation shall be recoverable from him. However, no recovery shall be started until the concerned person has been given a reasonable opportunity of hearing. If the concerned person does not pay the amount, the same shall be recovered and deposited in the funds of the committee. 6.2 Chairing the Meeting Normally the meeting of the General Body of the Committee shall be chaired by the Chairperson/Vice Chairperson of the Committee. However, in their absence, the members by general consensus, shall nominate any other member to chair the meeting. The first meeting of the General Body covered to elect the Chairperson/Vice Chairperson of the Committee shall be chaired by the Sarpanch of the Gram Sabha. 6.3 Maintenance of Register of the Meeting 6.3.1 Proceedings of the meeting of General Body shall be recorded in a register as perform no.6.1 and it shall be signed by the Chairperson of the house and the Secretary/Assistant Secretary. 6.3.2 All registers related to the meeting shall be maintained by the Secretary/Assistant Secretary. 6.4 Quorum 6.4.1 Presence of at least 30% of the member shall be compulsory for the quorum of the General Body. 6.4.2 If the quorum cannot be fulfilled within half an hour of scheduled time of the General Body meeting. The Meeting shall be deferred till the date, time and place declared by the Chairperson and the requirement of quorum will not be necessary for this deferred meeting. However, no subjects in addition those included in the agenda circulated before, shall be deliberated upon. 6.4.3 In the event of polling, each member shall be entitled to cast one vote. However, if for any issue equal votes are cast, then in that case the Chairperson shall have the right to cast the deciding vote. B. Executive Committee 6.5 Meetings 6.5.1 Secretary shall inform all member of the Executive Committee about the time, date and place of the meeting of Executive Committee. Normally the notice of meeting JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 31 shall be issued at least 15 days prior to the date of the meeting. However, in exceptional circumstances, this period can be reduced. 6.5.2 Secretary shall also circulate the agenda of the Executive Committee to all its member along with the notice of the meeting or before the date of the meeting. In case the agenda is not circulated before the meeting, the issues of discussion shall be decided at the start of the meeting. 6.5.3 Issues raised by women members and their suggestions shall be given special attention during the meeting. 6.5.4 As far as possible, the date, time and place of the next meeting shall be decided before the end of each meeting of the Executive Committee. 6.5.5 All member of the Joint Forest Management committee shall be informed of the decisions taken in the meeting of the Executive Committee. It will be the responsibility of the Secretary that the decisions taken in the meeting are notified by displaying them in the office of the committee or on the notice board installed at a prominent place in the village. This should be done within 3 days of the completion of the meeting. 6.5.6 Executive Committee can take a collective decision in the meeting to entrust any member with any special task. The interest and concurrence of the member shall be considered while entrusting him with such a task. 6.5.7 The elections to the next Executive Committee shall be conducted as per procedure given in Para 4.1, in the last meeting of Executive Committee to be held in the last year of the tenure of Executive Committee. Such a meeting shall necessarily be convened 1 Month before the end of the term of Executive Committee. 6.6 Chairing the meeting Normally the meeting of the Executive Committee shall be chaired by the Chairperson of the committee and in his absence by the Vice Chairperson of the committee. In the absence of both of them, the members present shall select an Officiating Chairperson before the start of meeting, who will chair the meeting. 6.7 Maintenance of Register of the meeting 6.7.1 Proceeding of the meeting shall be entered in the proceeding register (Format is shown in annexure 6.1). This will be the responsibility of the Secretary. After each meeting, the proceedings prepared as above shall be signed by the Chairperson, Secretary and all members present in that meeting 6.8 Quorum 6.8.1 Presence of at least 50% of the members (01 Women Member) of the Executive Committee shall be compulsory for the quorum. JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 32 JFM Handbook –(Part:1)- Madhya Pradesh JPS Associates (P) Ltd 33 Chapter- 7 Duties and Powers of Forest Officers A. Duties For successful implementation of Joint Forest Management, the forest officers shall perform following duties:- 7.1 Forest Guard (In the event of bein

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