Van Panchayats in Uttarakhand | Uttarakhand State PSC (UKPSC): Preparation - UKPSC (Uttarakhand) PDF Download

 Page 1


Van Panchayats In Uttarakhand
Van Panchayats or Village Forest Councils are unique community managed
forest institutions. In the 1890’s the British Raj forcibly took over all non
private land and forests of what was then know as the “United Provinces” a
part of which is now know as Uttarakhand. This led to loss of access to forest
areas on which the mountain communities were heavily dependent. This
disenfranchisement led to sustained and widespread protests and even the
burning of large tracts of forests by the residents of the area. The British
Government, in order to resolve the issue setup a Kumaon Grievances
Committee, which in 1931 issued the first “Kumaon Panchayat Forest
Rules”, thus enabling mountain communities to own and manage their own
forests. Since then Uttarakhand has created more than 12000 Van Panchayats
which continue to be governed by the Forest Panchayat Rules, the only one
of its kind in India. However periodic changes have been made to the rules in
1971, 1976, 2001,2005 and the latest in 2012. Van Panchayat amendment
rule-2012, provided 50% reservation for women in posts of Sarpanch.
The first government approved Van Panchayat was formed in 1921.
According to recent estimates, Van Panchayats are managing 405,426
hectares of forests (13.63% of total forest area) in the state. Most of these
have been carved out of civil (protected) forests under the jurisdiction of the
Revenue Department. The area under each Van Panchayat ranges from a
fraction of a hectare up to over 2,000 hectares.
It may be mentioned here that Community forests managed in accordance
with Van Panchayat Act is a hybrid of state ownership and community
responsibility. In its efforts to mange and control community forest use
Forest committees are guided by Revenue Department rules and by the
technical advice of the Forest Department. In contrast to civil forests,
community forests or Panchayati forests as they are popularly known are not
‘open’ forests. Access and use of forests is guided by rules elaborately
designed and implemented by the communities. In fact four identifiable
working rules exist relating to Use, Monitor, Sanctions and Arbitration.
Though only notionally or nominally owned by the communities, community
forests are in a very real sense common property with an identifiable user
Page 2


Van Panchayats In Uttarakhand
Van Panchayats or Village Forest Councils are unique community managed
forest institutions. In the 1890’s the British Raj forcibly took over all non
private land and forests of what was then know as the “United Provinces” a
part of which is now know as Uttarakhand. This led to loss of access to forest
areas on which the mountain communities were heavily dependent. This
disenfranchisement led to sustained and widespread protests and even the
burning of large tracts of forests by the residents of the area. The British
Government, in order to resolve the issue setup a Kumaon Grievances
Committee, which in 1931 issued the first “Kumaon Panchayat Forest
Rules”, thus enabling mountain communities to own and manage their own
forests. Since then Uttarakhand has created more than 12000 Van Panchayats
which continue to be governed by the Forest Panchayat Rules, the only one
of its kind in India. However periodic changes have been made to the rules in
1971, 1976, 2001,2005 and the latest in 2012. Van Panchayat amendment
rule-2012, provided 50% reservation for women in posts of Sarpanch.
The first government approved Van Panchayat was formed in 1921.
According to recent estimates, Van Panchayats are managing 405,426
hectares of forests (13.63% of total forest area) in the state. Most of these
have been carved out of civil (protected) forests under the jurisdiction of the
Revenue Department. The area under each Van Panchayat ranges from a
fraction of a hectare up to over 2,000 hectares.
It may be mentioned here that Community forests managed in accordance
with Van Panchayat Act is a hybrid of state ownership and community
responsibility. In its efforts to mange and control community forest use
Forest committees are guided by Revenue Department rules and by the
technical advice of the Forest Department. In contrast to civil forests,
community forests or Panchayati forests as they are popularly known are not
‘open’ forests. Access and use of forests is guided by rules elaborately
designed and implemented by the communities. In fact four identifiable
working rules exist relating to Use, Monitor, Sanctions and Arbitration.
Though only notionally or nominally owned by the communities, community
forests are in a very real sense common property with an identifiable user
group, have finite subtractive benefits and are susceptible to degradation
when used beyond a sustainable limit. However what is more important is
that the local users consider them as their collective property and in real sense
they are not actually divisible. These forests though are not completely
immune from misuse and the condition of the forests varies from poor to very
good.
Forest Council Act
The Forest Council Act prescribes how Panchayats (Councils) can be formed
and impose duties on village Panchayats. The objective is to protect the forest
areas and ensure that the forest products are being distributed among the right
holders in an equitable manner. Kumaun Panchayat forest Rules enacted
under the section 28 (2) of the Indian Forest Act 1927 provides broad
guidelines for the supervision and management of forests under the control of
Van Panchayats. These Forest Council rules lay down the broad parameters
of management practices to be followed by the Van Panchayats.
The main function of Van panchayats are as follows:
a) To develop and protect forests by preventing indiscriminate felling of trees
and to fell only those which are marked for by the forest deptt. and are
useful from the point of view of silviculture.
b) To ensure that there is no encroachment on Van Panchayati land and that
no rules are being violated that are being enacted under Kumaon and Sodic
Land Act of 1948 and that no land should be encroached without prior
permission for agricultural practices.
c) To construct and fix boundary pillars and to maintain them 18(c).
d) To carry out the directives of the Sub-Divisional Magistrate in developing
and protecting forests. 18(a)
e) To distribute its produce amongst right holders in an equitable manner. 18
(e)
f) 20% of the area of the forest must be closed for grazing every year.
The Punitive Powers
a) They can levy fines upto Rs. 50 with the prior approval of the Deputy
Commissioner (later revised upto Rs. 500).
b) They can seize intruding cattles and impound them under the cattle
trespass act of 1871.
Page 3


Van Panchayats In Uttarakhand
Van Panchayats or Village Forest Councils are unique community managed
forest institutions. In the 1890’s the British Raj forcibly took over all non
private land and forests of what was then know as the “United Provinces” a
part of which is now know as Uttarakhand. This led to loss of access to forest
areas on which the mountain communities were heavily dependent. This
disenfranchisement led to sustained and widespread protests and even the
burning of large tracts of forests by the residents of the area. The British
Government, in order to resolve the issue setup a Kumaon Grievances
Committee, which in 1931 issued the first “Kumaon Panchayat Forest
Rules”, thus enabling mountain communities to own and manage their own
forests. Since then Uttarakhand has created more than 12000 Van Panchayats
which continue to be governed by the Forest Panchayat Rules, the only one
of its kind in India. However periodic changes have been made to the rules in
1971, 1976, 2001,2005 and the latest in 2012. Van Panchayat amendment
rule-2012, provided 50% reservation for women in posts of Sarpanch.
The first government approved Van Panchayat was formed in 1921.
According to recent estimates, Van Panchayats are managing 405,426
hectares of forests (13.63% of total forest area) in the state. Most of these
have been carved out of civil (protected) forests under the jurisdiction of the
Revenue Department. The area under each Van Panchayat ranges from a
fraction of a hectare up to over 2,000 hectares.
It may be mentioned here that Community forests managed in accordance
with Van Panchayat Act is a hybrid of state ownership and community
responsibility. In its efforts to mange and control community forest use
Forest committees are guided by Revenue Department rules and by the
technical advice of the Forest Department. In contrast to civil forests,
community forests or Panchayati forests as they are popularly known are not
‘open’ forests. Access and use of forests is guided by rules elaborately
designed and implemented by the communities. In fact four identifiable
working rules exist relating to Use, Monitor, Sanctions and Arbitration.
Though only notionally or nominally owned by the communities, community
forests are in a very real sense common property with an identifiable user
group, have finite subtractive benefits and are susceptible to degradation
when used beyond a sustainable limit. However what is more important is
that the local users consider them as their collective property and in real sense
they are not actually divisible. These forests though are not completely
immune from misuse and the condition of the forests varies from poor to very
good.
Forest Council Act
The Forest Council Act prescribes how Panchayats (Councils) can be formed
and impose duties on village Panchayats. The objective is to protect the forest
areas and ensure that the forest products are being distributed among the right
holders in an equitable manner. Kumaun Panchayat forest Rules enacted
under the section 28 (2) of the Indian Forest Act 1927 provides broad
guidelines for the supervision and management of forests under the control of
Van Panchayats. These Forest Council rules lay down the broad parameters
of management practices to be followed by the Van Panchayats.
The main function of Van panchayats are as follows:
a) To develop and protect forests by preventing indiscriminate felling of trees
and to fell only those which are marked for by the forest deptt. and are
useful from the point of view of silviculture.
b) To ensure that there is no encroachment on Van Panchayati land and that
no rules are being violated that are being enacted under Kumaon and Sodic
Land Act of 1948 and that no land should be encroached without prior
permission for agricultural practices.
c) To construct and fix boundary pillars and to maintain them 18(c).
d) To carry out the directives of the Sub-Divisional Magistrate in developing
and protecting forests. 18(a)
e) To distribute its produce amongst right holders in an equitable manner. 18
(e)
f) 20% of the area of the forest must be closed for grazing every year.
The Punitive Powers
a) They can levy fines upto Rs. 50 with the prior approval of the Deputy
Commissioner (later revised upto Rs. 500).
b) They can seize intruding cattles and impound them under the cattle
trespass act of 1871.
c) They can forfeit the weapons of the offender.
The Administrative and financial powers
a) They can sell grass, fallen twigs and stone slates to local people.
b) They can auction trees upto the value of Rs.5000 with the approval of the
District Magistrate and Divisional Forest Officer. Auction above Rs. 5000/-
is done by the Forest Department.
c) The income realised from resin, timber and fees is distributed as follows. i)
Zilla Parishad is given 20% for creating and maintaining infrastructure ii)
Gaon sabha is given 40% for local development schemes if approved by
Block development committee iii) the remaining is to be ploughed back by
the forest department for maintenance and development of Panchayat rules.
The villagers however feel that through the Act, the bureaucracy exercises
excessive control over Forest Panchayats. Bureaucrats on the other hand
believe that in the absence of central control, villagers would clear fell the
entire forest (Pers. Comm. 1994). Nonetheless in analyzing the rules it is
quite clear that these rules, while making the Panchayats responsible for
proper management of the forests, deny to it necessary authorities which
seem to be vested with the revenue and forest officials. For instance in
section 17 of 1976 Act it is stated that before a watchman or any other paid
staff is kept by the Panchayat, previous approval of the Deputy
Commissioner (DC) is necessary. An offence involving a sum of Rs. 50/- can
be compounded only with the previous approval of the Deputy commissioner.
Similarly permission is required if the seized property (stolen timber etc.) is
proposed to be sold. Thus the administrative control over the Panchayat is
still with the Deputy Commissioner, whereas the technical control has been
given to the forest department.