Context: Ministry of Tribal Affairs released Guidelines for management of Community Forest Resources (CFR) under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
About Community Forest Resources
According to Forest Rights Act (FRA), community forest resources mean customary common forest land within traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities, including reserved forests, protected forests and protected areas such as Sanctuaries and National Parks to which the community had traditional access.
Community Rights under FRA
- Community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary regimes.
- Right of ownership, access to collect, use and dispose of minor forest produce which has been traditionally collected within or outside village boundaries.
- Community tenures of habitat and habitation for primitive tribal groups and pre-agricultural communities. Community rights of uses or entitlements such as fish or other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities.
- Right to protect, regenerate or conserve or manage any community forest produce which they have been traditionally protecting and conserving for sustainable use.
- Right to access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity.
- Rights of settlement and conversion of all forest villages, old habitation, un-surveyed villages and other villages in forests, whether recorded, notified or not into revenue villages.
- Any other traditional right customarily enjoyed by the forest dwelling STs and other traditional forest dwellers which are not mentioned above but excluding traditional right of hunting or trapping or extracting a part of the body of any species of wild animal.
Vesting of Community Rights under FRA
Gram Sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights.
Objective of Guidelines for Management of Community Forest Resources (CFR)
Guide the Gram Sabha and Forest Dwelling Scheduled Tribes (FDST)/Other Traditional Forest Dwellers (OTFD) Communities in managing their Community Forest Resources under FRA.
Duties of holders of forest rights
Section 5 of Forest Rights Act stipulates that holder of any forest right, Gram Sabha and Village Level Institution in areas where there are holders of any forest right are empowered to:
- Protect the wildlife, forest, and biodiversity.Ensure adjoining catchment area, water sources and other ecologically sensitive areas are adequately protected.
- Ensure that habitat of forest dwelling STs and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage.
- Ensure that decisions taken in Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects wild animals, forest and biodiversity are complied with.
To FRA Rules as amended in 2012, provides that Gram Sabha shall constitute ‘Committees for protection of wildlife, forest, and biodiversity, from amongst its members to carry out above provisions.
Salient Features of Guidelines for Management of Community Forest Resource (CFR) under FRA
Constitution of Community Forest Rights Management Committee (CFRMC):
- First Meeting of Gram Sabha, for constituting CFRMC shall be convened by Secretary of the concerned Gram Panchayat. Meeting of Gram Sabha will be presided over by traditional headman of the village or by the person elected as the chairperson from amongst its members.
- Gram Sabha shall constitute known as Community Forest Rights Management Committee from amongst the members of Gram Sabha
- Consists of 5-11 individuals as members provided that at least 2/3rd members shall be from the Forest Rights holders and at least 1/3rd women members.
- Members of CFRMC will decide on a Chairperson, Secretary, Treasurer and inform Sub-Division Level Committee (SDCL), District Level Committee (DLC) and District Level Monitoring Committee (DLMC) constituted by State Government/UT Administration related to CFR.
- Tenure of CFRMCs will be decided by Gram Sabha for a minimum period of 3 years to a maximum of 5 years.
- Payment towards honorarium or other allowances to members of CFRMC shall be decided by a resolution of Gram Sabha and will be solely borne from the resources of CFRMC.
- Where Community Forest Resource is recognised over a common patch being conserved and managed by more than one Gram Sabha, the CFRMC shall be constituted by a joint meeting of Gram Sabhas concerned under the guidance of SDLC.
Functions of Community Forest Resource Management Committee (CFRMC):
Gram Sabha shall meet with quorum as and when required and in any case not less than once in six months to approve and review the plans made CFRMC. Secretary of Gram Panchayat shall inform all members of Gram Sabha about the meeting in 7 days in advance.
- Carry out all executive functions as decided by Gram Sabha and remain accountable and answerable to the Gram Sabha for its actions.
- Prepare a draft conservation and management plan or related documents on behalf of Gram Sabha.
- Coordination with other departments/committee for protection of wildlife, forest and biodiversity, catchment areas, water sources and other ecologically sensitive areas, on behalf of Gram Sabha/right-holder communities.
- Maintain records relating to functioning of Gram Sabha including executive and financial operations in respect of CFR management.
- Ensure that views of Forest right holders of all Gram Sabha, who depend on CFR areas are duly taken care of in CFR Conservation and Management Plan.
Preparation and Execution of CFR Conservation & Management Plan
- Conservation and Management Plan shall be known as ‘Community Forest Resources Management Plan’ (CFRM Plan).
- Concerned government agency will provide an authenticated copy of information, records, maps expeditiously, on receipt of a written communication from the Gram Sabha.
- Views of forest right holders should be considered while preparing CFRM plan.
- Gram Sabhas concerned will meet to arrive at consensus. In the event of lack of consensus, the matter will be referred to District Level CFR Monitoring Committee constituted by State Government/UT Administration related to CFR.
- After approval of CFRM plan by Gram Sabha, CFRMC shall coordinate with Forest Department for its integration with the micro plans or working plans or management plans of the Forest Department.
Financial Management of Community Forest Resources
Gram Sabha will be responsible for revenue and expenditure for the functioning of CFRMC.
- Norms of financial management shall be:
- A single bank account shall be opened in a Nationalised bank or Post Office in the name of Gram Sabha for implementation of CFRM Plan as approved by Gram Sabha. This bank account will be operated by the office bearers of CFRMC authorised as signatories by a resolution of Gram Sabha.
- All expenses will be according to the rules laid down by the Gram Sabha. Gram Sabha would put a ceiling limit above which expenses may only be authorised through a resolution of the Gram Sabha.
- Annual statement of revenue and expenditure shall be finalised by Gram Sabha within three months of finalisation of financial year and will be audited by Chartered Accountant.
- Sources of CFRMC funds:
- Agreed upon contribution from sale of forest produce towards management of CFR.
- Grants for developmental activities related to CFR Management received from Government.
- Funds or grants received from other NGOs for development work related to CFR Management.
- Funds provided by forest department for forest development work, in any.
Monitoring of the Guidelines
- State Level Monitoring Committee will constitute District Level CFR Monitoring Committee for Management of Community Forest Resource in the district.
- District Level CFR Monitoring Committee (DLMC) will facilitate convergence and integration of CFR conservation and management plans by the Gram Sabha with Working/Management plans of Forest Department.
