Chhattisgarh Medicinal-Plants - Chhattisgarh State Medicinal Plant ...

Chhattisgarh Medicinal-Plants(Sustainable Collection & Disposal) RuleIn exercise of powers conferred in sub section C&D of section 76 of Indianforest Act (no 16 of 1927) the State Government here by formulates a rule toregulate the collection procurement & disposal of medicinal plants and it's partsbeing produced both in forest & non forest area in the state of Chhattisgarh bylaying down certain procedures and by vesting certain powers in an authority toexercise, perform & discharge such duties as follows:-Chapter-IPreliminary1. Short title, Extent, Scope and Commencement: -(1) The rule may be called Chhattisgarh Medicinal-Plant (Sustainablecollection & Disposal) rule.(2) It shall extend to the whole of the Chhattisgarh.(3) It shall come into force on such date as the state Government may,by notification, appoints.2- Definition(1) In this Rule, unless the context otherwise requires,(a)(b)(c)(d)(e)(f)"Authorized Officer" shall mean any officer of the StateGovernment not below the rank of Assistant Conservator ofForests appointed by the State Government in this behalf to declareclosed area, closed period, sustainable harvesting techniques andsustainable harvesting limits for any harvesting area and for anymedicinal plant."Collector" means a person or a group of persons or anyregistered institution who collects Medicinal-Plants and it's partsfrom the forests."Cultivator of Medicinal Plant" shall mean a person or anyregistered institution who cultivates Medicinal-Plant on his/its ownland or on any other land legally acquired by him/it."Trader" shall mean a person or a group of persons or anyorganization or firm who earns profit by the trade of Medicinal-Plants in the State of Chhattisgarh."Exporter of Medicinal Plant" shall mean a person or anyregistered institution or firm who exports any Medicinal-Plant orany part of a Medicinal-Plant under these rules ."Closed Area" shall mean a forest area, which has been declaredclosed for collection, extraction, taping of Medicinal-Plant or agroup of Medicinal-Plants by the authorized officer.E:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc

(g)(h)(i)(j)(k)(l)(m)(n)(o)(p)(q)(r)(s)(t)(u)(v)"Closed period" shall mean a special time period of an yeardeclared closed period for collection, extraction, taping ofMedicinal-Plant or a group of Medicinal-Plants by the authorizedofficer."JFM committee" shall mean a village level forest committeeconstituted for protection and development of the forest under theprovisions of the State Government notification No. F16-4-91-10-2Dated 07-02-2001"Forest area" shall mean an area notified as forest under therelevant section of Indian Forest Act-1927."Herbal-Mandi" shall mean a disposal center established underthe provision of section 10 (1) of these rules for the disposal ofMedicinal-Plants."Medicinal-Plants" shall mean a plant whose all or any part ishaving medicinal application and is being found/raised both inforest and non-forest areas and has been declared as medicinalplant by the State Government."National Medicinal Plant Board" shall mean a National Boardconstituted by Government of India for the purpose of promotionand development of Medicinal-Plants sector in Indian Union."Nodal Officer" shall mean a block level officer appointed underthe provisions of section 10 sub para (4) of the rule."Non-forest areas" shall mean an area other than the forest areas."Forest areas" shall mean the forest areas as defined by thehon'ble Supreme court in it's order dated -----------"Primary MFP Cooperative Societies" shall mean a village levelCooperative Society constituted under the provision ofChhattisgarh Cooperative Act 1961 for collection and disposal ofMinor Forest Produce."State MFP Cooperative Federation" shall mean a CooperativeFederation at State level constituted under the provision ofChhattisgarh Cooperative Act 1961 for the purpose of trade anddevelopment of Minor Forest Produce."Sustainable harvesting limits" shall mean the limit forharvesting an individual Medicinal-Plant species as determined bythe authorized officer from time to time."Sustainable harvesting practices" shall mean the prescribedpractices for non-destructive collection, harvesting, extraction ortaping of Medicinal-Plant or the group of medicinal plants asdeclared by the authorized office."Sustainable harvesting" shall mean the shall as defined insection no------ of Bio-diversity act 2003 ."Self-help Group" shall mean a registered woman self-helpgroup."Traditional Healer" shall mean a person who cures patients onthe basis of his traditional knowledge and skill and with theapplication of locally available Medicinal-Plants and Herbs.E:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc

Chapter-IIChhattisgarh State Medicinal-Plant Board3- (1) Constitution of The Chhattisgarh State Medicinal-Plant Board – Aboard under the chairmanship of the Chief Minister of the State ofChhattisgarh, shall be constituted to promote and regulate the collection,cultivation and trade of Medicinal-Plants in the State of Chhattisgarhand it shall be called as the Chhattisgarh State Medicinal-Plant Board.(2) Members of the Board – The board shall have as many Governmentmembers as the State Government appoints through gazette notification.Apart from Government members, two technical experts from the fieldof Medicinal-Plants shall also be appointed for a period of maximum 2years in consultation with the Chairman of the Board.4- Duties of the Board – The main duties of the board shall be as follows-(a) Formulation of integrated policy for promotion of Medicinal-Plantsin the State.(b) Finalization of action plan for collection and disposal of Medicinal-Plants being collected/procured from the forest areas of the state.(c) Formulation of action plan for extension of Medicinal-Plants to nonforestareas. Finalization of different agro-forestry models forpromoting cultivation of Medicinal-Plants in the farmer's field of thestate.(d) Formulation of export and trade policy of Medicinal-Plants for thestate with a view to conserve the germ-plasma of Medicinal-Plants.(e) Financial arrangement for the implementation of approved workplan.(f) Formulation of research and development policy of the Medicinal-Plants in the state of Chhattisgarh.(g)(h)(i)Formulation of promotion and rehabilitation plan for local VaidyaDirections to the District Medicinal-Plants Promotion Committeesconstituted under the provision of section 6(1) of this rule in regardsto different aspects of Medicinal-Plants promotion.Any other relevant activities regarding medicinal plants as may berequired.5- (1) Constitution of Implementation Committee of the Board-For implementation and monitoring of the decisions taken by theBoard, an state level Implementation committee under theChairmanship of the Forest minister of the State Government, shall beconstituted. It shall have as many members as appointed by the StateGovernment.(2) The State level Implementation committee shall have minimum onemeeting every month in which the implementation of decision ofboard shall be monitored.E:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc

Chapter-IIIDistrict Medicinal-Plant Promotion Committee6- (1) A District Medicinal-Plant promotion committee shall be constitutedunder the Chairmanship of District Collector for promotion ofcollection, disposal & extension of Medicinal Plants in the District..The committee shall have as many Government members as may beappointed by the State Government through gazette notification(2) The Divisional Forest Officer having its office at the District headquarter shall work as an ex-officio Chief Executive Officer of theCommittee and the office of such Divisional Forest Officer shall bethe office of the committee itself.7- Duties of the District Medicinal-Plants Promotion Committee- TheDistrict Medicinal-Plants Promotion Committee in consultation with theconcerned Gram sabha under the provisions of "Forest dwellers(recognition of forest rights ) Rule shall perform the follows duties-(i) Formulation of calendar of operation for sustainableexploitation and collection of each Medicinal-Plants beingproduced in the forest areas of the District ..(ii) Approval of proposal regarding declaration of closed area andclosed time period for a particular Medicinal-Plant beingproduced in the forest area of the District and as proposed bythe authorized officer.(iii) Finalization of procurement and sale rates for the MedicinalPlants in the Districts.(iv) Management and control of Herbal-Mandi in the manner maybe prescribed.(v) Approval of sustainable harvesting practices to be followed(vi)for the collection of a particular Medicinal-Plant.Approval of work plan for extension of Medicinal-Plants innon-forest areas particularly in the farmer's field andfinalization of disposal policy for the Medicinal-Plants beingproduced on the farmer's fields.(vii) Management of District Medicinal-Plants fund raised forpromotion, extension and research of Medicinal-Plants in theDistrict.(viii) Monitoring and evaluation of the annual calendar ofoperations being prepared for collection, disposal andextension of Medicinal-Plants in the Districts.(ix)Any other duties as may be prescribed by the StateMedicinal-Plant Board from time to time.8- (1) Constitution of District Medicinal-Plants Promotion Fund-A fund namely District Medicinal-Plants Promotion FundE:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc

shall be constituted under the District committee by the financialassistance from the following sources,(i) Grant and loan from National and State Medicinal PlantBoard.(ii) Grant and loan from center/State Government for promotionof Medicinal-Plants and Herbal Products.(iii) Financial assistance from NABARD.(iv) Financial assistance from other Government, semi-Government and international organizations.(v) Revenue generated from Herbal-Mandi.(2) This fund shall be managed as a saving account in any of thenationalized or schedule bank located at the District head quarter andshall be operated upon by Chief Executive Officer of theCommittee along with another member nominated by theCommittee. The account of the fund shall be maintained in themanner as may be prescribed.9- Utilization and Audit of the Fund-(1) The District Medicinal-Plant Promotion fund shall be utilized for thefollowing purposes,(i) Research and extension of the Medicinal Plants.(ii) Financial assistance to village level committees for procurement ofMedicinal Plants.(iii) Financial assistance for processing of Medicinal-Plants andproduction of Herbal products.(iv) Management of Herbal-Mandis and creation of infrastructures forstorage and disposal of Medicinal Plants.(v) Raising of Nurseries of different species of Medicinal Plants.(vi)(vii)Establishment of Herbal Parks.For any other work assigned by National and State Medicinal-PlantBoard from time to time.(2) The utilization of the fund shall be done for the items approved inDistrict Annual Plan of Operation. The fund shall be allotted to thedifferent village level institutions by the Chief Executive Office ofthe District committee. The village level institution shall berequired to submit an annual account as may be prescribed.(3) The audit of the account of the District Medicinal-Plants promotionfunds shall be conducted at least once in a year as may be prescribedby the state Government. The audit may be assigned to anyindependent Chartered Accountant and the audit report thusgenerated shall be submitted to the District Committee for appraisal.The District Committee after its appraisal shall submit amemorandum to State Medicinal-Plants Board regarding the auditreport.E:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc

Chapter-IVSale and Disposal of the Medicinal Plants10- (1) Establishment of Herbal-Mandi and Retail sale centers – A HerbalMandi, in each District and at suitable place, shall be established underthe administrative control of District Medicinal-Plant PromotionCommittee for the auction/disposal of the collected Medicinal-Plant byany Trader/Collector.(2) The establishment cost of such Herbal-Mandis shall be met by theDistrict Medicinal-Plant Promotion Fund. The Mandi shall have asmany as personals as may be sanctioned by the District Committee.(3) Retail sale centers at suitable places in the Districts shall be opened forpromotion and marketing of processed Medicinal-Plants and Herbalproducts. These retail sale centers shall be opened by the decision andunder the administrative control of District Medicinal-Plant PromotionCommittee.11- Registration of Collector, Grower, Traders, manufacturer & ExportersEvery Collector, Grower, Traders, manufacturer & Exporters of Medicinal-Plant in the District shall have to be registered in the Office of the ChiefExecutive Officer Medicinal-Plants Promotion Committee in themanner as may be prescribed. Any person/ persons/company/NGO/GOwho is not registered shall not be permitted for the collection, farming,trading, manufacturing and export of Medicinal-Plant from the State.The MOU (memorandum of understanding) of any sort, in betweenthe two parties will only be done by the registered person/persons/company/NGO etc under this rule.12- Proclamation of prescribed Regulations- The Divisional Forest Officeror any authorized Officer for this purpose shall cause to proclaim theregulation such as declaration of period of closure, closed area andprescriptions of sustainable harvesting practices by the beat of the drum orby any other reasonable means as far as practicable in all the villages within5 KM of the periphery of forest boundary.E:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc

Chapter-VRegulations13- Grower, Trader, manufacturer, Exporter to report quantum ofcollection – Any Grower, trader, manufacturer or exporter collecting/procuring any medicinal-plant or any part of Medicinal-Plant for tradingpurpose shall have to submit the details of the Medicinal-Plant or any partof it so procured by him or her to the Chief Executive Officer, DistrictMedicinal-Plant promotion Committee and in the manner, and at suchintervals, as may be prescribed.14- Bar on Collection of Medicinal Plants- No person other than bonafiedresident of the village within the jurisdiction of Gram Sabha shall collectMedicinal-Plants in the Gram Sabha area.15- Transportation of Medicinal-Plants– The transportation of Medicinal-Plant by any Grower, trader, manufacturer or exporter within or outside thestate shall take place only under the valid transit pass under theChhattisgarh forest produce (transit) rules, 2001 to be issued under theprovisions of section 41 of the Indian Forest Act 1927.16- Export of Medicinal-Plants- No export of any Medicinal-Plant or any partof a Medicinal-Plant from Chhattisgarh State shall take place without thepermission of State Medicinal-Plant Board in the manner as may beprescribed.Chapter-VIPenalties and Procedures17- Seizure and confiscation of Property - (1) When there is a reason tobelieve that an offence has been committed by the contravention of any ofthe provisions of this rule in the case of any Medicinal-Plant, such producetogether with all tools and vehicles used in committing any such offencemay be seized and confiscated by any forest officer as may be prescribedin section 52 of Indian forest act, 1927.18- Compounding of the offence : The compounding of the offencecommitted under rule 17 of these rules may be compounded in the manneras has been prescribed in the section 68 of Indian forest act,1927----00---E:\hard disk\Edited\NAVEN\Chhattisgarh Medicinal-Plants bill.doc