Panchayat Forest Rules, (Second Amendment), 1988

aune 21:1 ~ 19iEl February 26. 1980 (\p r'ill 2 ~ 1 988 First promulgated N~ra] Rajapatra. Vol. 28. no. 21 (E::tr-aol"dinar-y) ~ As:;\c1n 14~ 203~'i (Llune 28. 1978) First Amendment. Nep~l RaJapatra Vol. ::'9. No. 60 (E::t.l-aon:linctf'y), FalqLtri .14. 2036 (February 26~ 1980) Spcontl amendment, I"epal r:i:;j p;atxa Vol. -:':.] Extra No. 64, Chait 30~ 2044 Tn Pl-lnrci.sp o'f thE' power rTlrl'fet"rf?d b v hecti.on ::-:.:;:. elf thr: r(;)n:~5i: f.)ct~ His t1,,,,jr:~sty's Govl",rnm(~nt hC'l5 fr-'amed oj 01 ) Dwi n q r-LI1 es ~ 1961 t:he These rules may be (Second Amendment) callp-d the 19DE.l (2044). Panch~yat Fore~t Rules (2) These rules shC'lJ l come into force at once. Unless otherwise meant with context~ in these rules: reference to the subject or (.:~) "{%ct." mec:ms the 1961 Far'est Ac t , (b) "Work Plan" means the F',;;mchayat forest wor-k plan p~epared by village panchayat and approved by the Distrlct Forest Officer. "Approved plan" means the wor k plan Majesty"s Government. approved by His 3.1 Any Gov~rnment forest or part thereof which js b~rren or degraded to shrubland and has been set aside for the purpose of developing forest through plantation by HMG. 3.2 lhe limitatipn~ on area under 3.1 of the old ru18 have been removed. ~:~U?1o~.IJ.@.t..~gl:H o bov8rnment fcn-pst !')hi ch is barr-en or shl-ubl and nlPiH1S a government forest which cannot be developed pnly by prpservina the trees in their eNisting condition~ and which tan be developed tilS a -forest only b v '-eforoestat:inq;:lt ]eCls-t t"Jo-thir-ds of the ar-E?il. A Panchayat Forpst determined under sub-rule (1) shall have clearly demarcated forest boundary distinguishing it from government forest. Panchayat Forests may be handed over to the local panchayat in one lot or in different lots. Provided that such local p~nchayat~ shall not be given addition~l lots unless it has planted trees on the previous lot~ or made proper arrange ments for the protection of trees which have already been planted. Any village panchavat desirous of planting a Panchayat Forest shall submit an application in the form indicated in ~chedule 1 to the concerned District Forest Officer. 1. In case any village Panchayat submits ~n application under rule 4~ to the concerned District Forest Officer shall conduct np.C:f:~sr.;ary inql.li.ries. In case he deems it appropri~te to hand over the government fore&t ~rea mentioned in the application, or any part thereof~ to the village panchayat as a Panch~yat Forest, after conducting such inquiries~ he shall submit a recommen dation to the concerned Regional Director of Forests (RDF) 2. l-t)e concerned RDF shall conduct necessary inquiries in r~rop.ct to the r.commQnd~tion mubmittecl under sub-rule (1). In case he deems it appropriate to allot the Panchayat Forest and hand over the same to the concer ned village panchavat after conducting such inquiries, he may issue orders to the District Forest Officer accordingly. 3. After an order is received under sub-rule (2)~ the concerned District Forest Officer shall allot Panchayat Forest to the concerned village panchayat. 2 IH t er i:l.n Y p arrcrr a v a t. District F'anchayat F'anchayat For·est has been .:oIl o t; ted to .:ony vi I 1 ane under sub-rule (3) of rule 5, the concerned Forest Officer shall issue a certificate of Forest in the form indicated in schedule 2. After a Panchayat Forest has been allotted to any villAge panchayat under thesE:~ r u I e5~ the::- concer-ned D1 stri ct ForE'st Q·f·f i cer· shall ma i ntai n r-ecor'ds t.het'·f?of. HE~ shall SE>fHj one such record t a thE"'! concerned Hegi orra I Vi ,-ect.ol,oat.e of Forest s (Formerly Forest Circle Office,) one copy to the Department of Forests~ and one copy to concerned District Panchayat. 8. E.'~D.f.!J ~y. !E'l.t Egr.· f? 'E.:J~ ·l.L 152 .Q.~LI 9£.e.!:g9 .~i..!:bi.D .1; b.I;£ £.9IJ£,E'!:,UgfL. Y!1J .C\9§ p.~D£b~y.~.t A Panchayat Ferest to be allotted under the rules shall be located within t.he area panchayat to which it is to be allotted. act and these of the vi 11 clge The concerned village panchayat Panchayat forest within three certificate under rule 6. shall years plant after trees on the receiving a 10. Seeds and saplings required for planting a Panchayat Forest shall be made available by the District Forest Office to the concerned village panchayat free of cost. For the purpose of protection. management and development of Fan~haya1 Forests, the concerned village panchavat shall undertake the following functIons under the gener~1 supervi sion of the District Forest Office: (a) Plant seeds or saplings~ in the Panchayat Forest. (b) Take care of the forest to establish it. (c) Act according to the plan of operation in relation to p~nchayat fere~ts <d) Undertake other necessary functions. The village panchayat performance of any of PBnch~yat Forest: shall the not perform or direct the following activities in a (a> Sell, mOI-t.gagE~~ or at her·wi se cd i enate t .he f ore s t , (b) Reclaim the forests (c) 10 use lands as gardens Dr orchards, or for growing crops or as farms. (d) 10 build houses or huts for purposes other than protection of forests. ee) Use the land in any manner other than as prescribed in the "work plan". (1) The concerned village panchayat may sell forest products from the Panchayat Forest people of the area under its jurisdiction. and supply for use by (2) In CAse the forest product5 of the Pancheyat Forest ~re in excess clf the requirements of the people of ~ local village panchayat area, the concerned village panchayat may sell or distribute such surplus forest products for use by the people of other village panchayat areas. (3) Forest products P.nchayat Forest rule (2) only production. maybe extracted or sold from the every year under sub-rule (1) or sub within the limits of the annual (4) In case forest products to be extracted or sold under sub-rule (3) are obtained through clear felling of timber, the concerned village panchayat shall undertake reforestation in the Panchayat Forest within one year and ensure protection, management, and development thereof. The prices of forest products of the Panchayat Forest shall be fixed by the concerned village panchayat, and particulars of such prices sh~ll be sent to the concerned District F"oreat Office. (1) liJhile sf.~l]inC1 .:md s upp Lv i rio thE" fo,~est pr-odw:ts n+ M Panchayat Forest, the concerned village panchayat shall prepare three· copies of the permit in the form indic2 tpc:1 in s.checlulf':! 3. One copy shall be issuf.:'d ~:o the bUYE!?Y-~ one copy sent to t:he concer~nf?d District For-est Office. and Dne copy retained by the village panchayBt. (2) lhe concerned village panchayat shall maintain accurate ac:col.lnt~ of t he:> sale Dr suppl y of fOrf?st prodLlcts frClm the Panchayat Forest. Ttl£" f o,..-est p,..-odl.wt.s bought. by any per-£;on from thp f-'ancth:lyat FoY-.est aft4;?r purc:ll,;,lsi"9 th£:' same on t.he basi S (J·f.";\ pF'l-mi t ob ta t nv.d under·' sub-r'uJ e (1) of "'-1.I1 e H5 shall be I~e.l l?;:1sed h v the cancer-ned villaqp panchayat only afte,..- scrutiny and endorsement thereof. The proceeds f,..-om the sale 0"'- supply of forest p,..-oducts from the Panchayat Forest shall be c,..-edited to the account of the concerne'7' village panchayat. 18. .! !]f;.9.I!I~ f r.::9.ID Q~Ds.;b§.Y~.t. . f.9.r:g§.t .tfL Q~ §.1..!9f:~3;!?!Lff:!!:: £QL~g.t p!:,g.tg,!;;.:U.9D The concerned village panchayat shall allocate the total i~ from the P.::Inchayat Forest for forest protecti on and conservation, as well as for reforestation. (1) The concerned village panchayat shall submit an annual report of the Panchayat Forest to the concerned District Forest Office and district panchayat within one month f,..-om the date of expiry of each fiscal year. (2) The concerned District Forest Officer shall conduct necessary inquiries in respect to the annual report submitted under sub-rule (1), and then submit a report of his own to His Majesty's Government through the conce,..-ned Regional Director of Forests (formerly ce,nservator) • A. E~D£b~y~t EQC~~!§ t9 ~~ m~0~g~~ 1brg~gb ~§~~~ £9!'J!!l.!.t.1§'g'.§ (1) After receiving a certificate under rule 6~ The concerning villaae panchayat will form a User's Committee according to the current rules re12ting to decentraliz~tjon and such committee will be entruf:;ted with the '-E'!:.pons'i.bility of m<3n,;lging Panchayat Forest Project. (2) The User's Committee formed under sub-rule (1) shall manage the panchayat forest project accor ding to the work plan. (3) In C~5e the User's according to work plan shall dissolve it Committee to carry out Committee fails to work the concerninq panchByat and form another User's the war-·k. The directives issued by the Department of Forests from time to time in respect to Panchayat Forests shall be compiled with by the concerned village panchayats. In case of Panchayat Forests allocated to any village panchayat by His Majesty's Government prior to the commen cement of these rules, the concerned village panchayat shall obtain a certificate therefore under these rules by noti fying the concerned District Forest Office within three months from the date of commencement of these rules. 22 • 8.~p..~~l The 1968 Panchayat Forest Rules have been repealed. b (Pertaining to rulp 4) Bei ng d£~si rous of plant i nq i:I Panch,:\y.~t FOI,oest foro the pur-pose of developing forests through reforestation in accordance with th~ work plan on forests, subject to the provisions of the 1961 Forest Act and the Panchayat Forpst Rules~ I her~by request t h e allotment of the following forest area to this panchayat. Particulars are given below: (a) Name and addre~s of the village panchayat where the Panchayat Forent i~ sought to be planted. (b) Particulars of the government forest Panchayat Forest is sought to be planted. on which a (1) Name (2) Boundaries (3) Are i3 . . .... . ... . . .. (c) Are there any trees in the government forest ? If so, the number and species thereof. (d) !lRVElt the boundarien of demarcated the government forest been (e) Whether or not land or other taxes have been paid. <f) Whether- or not 18lnd in thClt of orest are<?l hel:: br~en cultivated during th~ pa5t three year~. (g) Whether or not <the ~pplicant) is willing to sellar supply forest products in accordance with the working plans formulated by the District Forest Office. 7 N~me of chairman of vill~ge p~nchay~t Se..'11 of vi 11 a(~e panc:hi:lyat Date 8 ................................ It .... (Pertaining to rule 6) His Majesty's Government Department of Forests •...•••.••. District Forest Office This certificate of Panchayat Forest is issued to the above mentioned panchayat for the purpose of development and management of forests through reforestation in the following forest area in accordance with the forest working plan~ subject to the 1961 Forest Act and the Panchayat Forest rules: (a) (b) (c) Name of the Panchayat Forest Boundaries Area ........... Name of the officer issuing the certificate Designation .••.•.....•........ f:lignaturf'!l Date 9 .....-.. ~ ......... . (Pertaining to Sub-Rul~ (1) of Rule 15) (b) Name and address of buyer .•..••.•.•• (c) Category of forest products ••••••••• (d) ClI.1 ..mti ty (e) Time-limit within which forest products must be taken out ..•••••.••• (f ) Fees (g) Signature of person selling Or supplying forest products and date •••••••••• (h) Seal of the vill?ge panchayat ............ (i) Signature of person receiving the permit •••••••.••• 10