Incorporating Stakeholder Perceptions in Participatory Forest

eldf/camb Harda-framework/final-03-05
reserve forest and protected forest areas. A minimum number of cattle are fixed which
can graze in that particular area. A grazing license is mandatory for all cattle even if
allowed free grazing. Grazing is also allowed to cattles in RF or PF area through transit
passing . In total contradiction of these rules the 1991 JFM resolution 54 totally restricted
grazing in the forestland protected by village community. The latest JFM resolution of
2001 55 does not mention the position of grazing in MP.
The important jurisdictional issue that may result in conflict and varied perception is the
legal mandate of Forest village and Revenue Villages. The present study also comprises
nine forest villages as study areas therefore it becomes essential to analyze the
provisions given under the MP Forest Village Rules, 1977. These rules are applicable
on land declared as Protected forests 57 and
Reserve forest 58 under of the IFA, 1927. While
constituting a forest village, land required for
settlement of tribals, for nistar and community
purposes etc is to be ensured. The rights given
to the tribals for grazing cattle is same as the
rights given to villagers in any revenue village.
The distinguished feature of this legislation is
the provisions related to distribution of patta to
the residents of forest village. Each family of
the concerned forest village is to be allotted 2.5
hectare of land with an additional 2.5 hectare in
case there are more than one adult member in a joint family. Preference is given to the
tribals belonging to the scheduled tribes 59 . These pattas are allotted for a period of
fifteen years subject to renewal. The patta holder would have to pay fee at such rate as
rent fixed for same area of land in a Revenue Village 60 . On violation of any rule the
concerned authority can cancel such pattas. To curb away the practice of begar and
bonded labour villagers doing forestry work are entitled to wages in accordance with
the Minimum Wages Act as per the said rules.
2.5 Specific Forest Produce Laws.
Box No 2.4
Legal Concept of ‘thalua’ 56 :
There is a very peculiar situation with
regard to land-less labourers of the
forest villages. The patta holders are
few, while their offspring are many. On
death of the holder, only the eldest son
gets the right of succession of the land
and the other sons remain landless. The
other siblings cannot possess land
intestate. They are termed as ‘Thaluas’
The major forest produce in is the region is Tendu leaves 61 therefore it becomes crucial to
analyse the laws relating to forest produce with special reference to tendu leaves 62 . The
M.P.Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1964 aims at regulating the trade of
tendu leaves in public interest by creation of state monopoly in trade. ‘Trade’ in tendu
54 Order no 16/4/10/2/91 of 10.12.91
55 Resolution no. F16/4/91/10-2 Bhopal Dt. 22.10.2001
56 defined under Working Plan for 1984-85 to 1993-94
57 section 29
58 section 20(1)
59 Rule 6 (b)
60 Rule 20
61 See Human Development Report- Sanket
62 The Trade aspect of forest produce will be dealt by TERI (a project partner) in detail.
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