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The concept of leasehold forestry for the poor came with
the design of HLFFDP. It was subsequently taken into account in the Forest
Act (1993) and Forest Rules (1995). These allow for the leasing of land
with degraded forest to poor communities on 40-year leases, renewable
upon satisfactory adherence to the agreed operational plan, without paying
a lease fee and with leaseholders having exclusive rights to the produce
of the land.
The Leasehold Forestry Policy 2002 identified a number
of problems affecting leasehold forestry and made the following proposals
to overcome them:
- Provide full authority to the District Forest Officer (DFO) to handover
the leasehold forest, approve operational plans, renew leasingl icenses,
monitor implementation, etc;
- Combine the programme with agriculture, livestock, cottage industry
or another income-generating programme to provide leaseholders with
a rapid increase in their incomes;
- Clearly specify the basis for identifying the families living below
poverty line following consultation with the National Planning Commission
and other related agencies; and
- Provide some part of the income, which is generated from the old
trees to the leasehold forest group in return for safeguarding the
existing trees within the leasehold forest area. In addition, there
is a need to identify the areas with a potential for leasehold forestry
as these have yet to be mapped.
The main legal issues related to leasehold forestry that
require resolution are:
- Registration of the leasehold forestry groups by the DFO, for which
the Forest Act makes no provision. The lease certificate alone cannot
give the groups legal status under existing laws.
- The formal handing-over authority for leasehold forest (for poor
communities) should be fully vested in the DFO. The Regional Directors
of MFSC (based on delegated authority) are issuing leasehold certificates
and the Department of Forests (DOF) reports that this procedure was
proceeding satisfactorily.
- The transfer of leasehold in case a leasehold group member dies
or fails to meet the obligations of membership e.g. due to absence
through migration. The inclusion of a standard clause in the leasehold
groups' constitutions would solve the issue of transfer of leasehold
titles.
DOF proposes to address these issues through revisions
to the Forest Act and associated rules. However, this initiative waits
the re-instatement of parliament.
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