Status, Distribution and Dynamics of Private and Community Forests in Sahyadri- Corridor of Western

Technical Report February 2013

Wildlife Research and Conservation Society,

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A Study of Status, Distribution and Dynamics of Private and Community Forests in Sahyadri-Konkan Corridor of Maharashtra

Technical Report

February 2013

Research Team Principal Investigator: Jayant Kulkarni Co-Investigator: Dr. Prachi Mehta Field Researcher: Chintamani Kamble

Photographs WRCS team

By Wildlife Research and Conservation Society, Pune

Requested Citation Kulkarni Jayant and Prachi Mehta. 2013. A Study of Status, Distribution and Dynamics of Private and Community Forests in Sahyadri-Konkan Corridor of Maharashtra Western Ghats. Technical Report submitted to CEPF-ATREE. Wildlife Research and Conservation Society, Pune.

Corresponding author Jayant Kulkarni Email: [email protected]

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Acknowledgements We gratefully acknowledge financial support of Critical Ecosystem Partnership Fund (CEPF) which enabled this study. We sincerely thank Dr. Bhaskar Acharya, his colleagues from ATREE, and the Regional Implementation Team for their constant cooperation and administrative support. We thank Mr. N.B. Majumdar, Additional PCCF (Land Records) for providing us valuable secondary data for this study. We thank National Remote Sensing Centre for providing us Land Use Land Classification (LULC) map for the study area. We thank Dr. Sharachchandra Lele for his valuable comments that helped to improve this report.

The Authors

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Contents Acknowledgements ...... ii Contents ...... iii Executive Summary ...... vii Glossary ...... xiii Chapter 1 Background and Rationale ...... 1 1.1 The Western Ghats ...... 1 1.2 The Maharashtra Western Ghats and Sahyadri Konkan Corridor ...... 2 1.3 About Private Forests ...... 2 1.4 History and Definition of Private Forests ...... 3 1.5 Identified Forest ...... 5 1.6 Connotations and Definition of Private Forest ...... 6 1.7 Rationale for the Project ...... 8 Chapter 2 Extent and Distribution of Private Forests ...... 11 2.1 Area under Forest Cover ...... 11 2.2 The Study Area ...... 12 2.3 Description of Source Data ...... 14 2.4 Methodology for extraction of LULC statistics according to RF boundaries ...... 16 2.5 Results ...... 19 2.6 Prioritisation of Private Forests Areas for Conservation ...... 22 Chapter 3 Questionnaire Survey of Private Forest Owners ...... 30 3.1 Objectives ...... 30 3.2 Methodology ...... 30 3.3 Social Information ...... 30 3.4 Land Holding and Land Use Private Forests ...... 33 3.5 Uses of Private Forests ...... 34 3.6 Attitudes towards Private Forests and Interest in Conservation ...... 41 3.7 Assessment of Status of Private Forests ...... 44 3.8 Threats to Private Forests ...... 45 Chapter 4 Survey of Acquired Private Forest and Identified Private Forest ...... 48 4.1 Survey for Assessing Status of Acquired Private Forests ...... 48 4.2 Problems in Identification of Forests ...... 50 iv

4.3 Survey of Identified Private Forest ...... 51 4.4 Discussion ...... 53 Chapter 5 Vegetation Study of Private Forests in Koyna-Chandoli Corridor ...... 56 5.1 Introduction ...... 56 5.2 The study area ...... 56 5.3 Methodology ...... 58 5.4 Data Analysis...... 59 5.5 General Observations ...... 60 5.6 Comparison between Forest Types ...... 62 5.7 Changes in Forest Structure ...... 62 5.8 Productivity of Private Forests in Koyna-Chandoli ...... 63 5.9 Economically Important Species from the Study Area ...... 64 Chapter 6 Review of Laws and Regulations Relevant to Private Forests ...... 67 6.1 Forest (Conservation) Act, 1980 ...... 67 6.2 Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ...... 69 6.3 The Maharashtra Felling of Trees (Regulation) Act, 1964 ...... 70 6.4 The Maharashtra Felling of Trees (Regulation) Rules, 1967 ...... 71 6.5 The Maharashtra Private Forests (Acquisition) Act, 1975 ...... 73 6.6 Maharashtra Land Revenue Code, 1966 ...... 80 6.7 The Maharashtra Land Revenue (Regulation of Right to Trees etc.) Rules, 1967 ..... 81 6.8 The Maharashtra Land Revenue (Disposal of Government Trees, Produce of Trees, Grazing and other Natural Products) Rules, 1969 ...... 82 6.9 The Maharashtra Land Revenue (Regulation of Cutting and Supply of Woods etc.) Rules, 1970 ...... 83 6.10 The Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing Rules, 1973 ...... 84 6.11 The Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 ...... 84 6.12 Special Development Control (Hill Stations) Regulations, 1996 ...... 85 6.13 EIA Process ...... 85 6.14 National Forest Policy, 1952 ...... 86 6.15 National Forest Policy, 1988 ...... 86 v

6.16 Report of National Forest Commission, Govt. of India, MoEF, 2006 ...... 87 Chapter 7 The Lok Vaniki Scheme of Madhya Pradesh State ...... 88 7.1 Background ...... 88 7.2 The Lok Vaniki Scheme ...... 88 7.3 The Lok Vaniki Act, 2001 ...... 89 7.4 Rapid Evaluation of the Lok Vaniki Scheme ...... 91 7.5 Other information about Lok-Vaniki and Lok Vaniki Kisan Samiti ...... 92 7.6 Discussion ...... 93 Chapter 8 Conservation Model Based on Sustainable Harvesting of Forest Produce .... 94 8.1 The Concept of Internal Incentives ...... 94 8.2 Scientific Forestry as Basis for Sustainable Use Model ...... 94 8.3 Other Compatible Activities ...... 96 8.4 Obstacles to Scientific Forestry ...... 97 8.5 Changes in Forest Management Practices and their Likely Impacts ...... 98 8.6 Dynamics of Timber and Firewood Production in the Study Area ...... 98 8.7 Economic and Ethnobotanic Species Reported During the Questionnaire Survey .. 99 8.8 Bamboo Cultivation ...... 102 8.9 Cane Cultivation ...... 103 8.10 Honey Production ...... 103 8.11 Supporting Organisations and Resource Centres ...... 104 Chapter 9 External Incentives for Conservation of Private Forests ...... 107 9.1 Introduction ...... 107 9.2 The Business as Usual Scenario ...... 107 9.3 Improved Forest Management: A Feasible Option ...... 108 9.4 Carbon Offsetting through Improved Forest Management ...... 108 9.5 Carbon Offset Project Development ...... 110 9.6 Forests, Ecosystem Services and Markets ...... 115 9.7 Payment for Ecosystem Services ...... 116 9.8 Examples of Successful PES Projects ...... 119 9.9 Conservation Incentive Model of AERF ...... 120 9.10 Potential for PES in Watersheds of Dams ...... 121 9.11 A PES Scheme for the Entire Study Area ...... 122 vi

9.12 Verification and Enforcement Mechanisms ...... 123 9.13 The Payment Mechanism ...... 124 Chapter 10 Development of a Conservation Model ...... 125 10.1 Introduction ...... 125 10.2 Local vs. Regional PES Scheme ...... 127 10.3 Structure of Government PES Scheme for Conservation of Private Forests ...... 128 10.4 Implementation and Administration of the Scheme ...... 130 10.5 Verification ...... 131 10.6 Payment of Incentive ...... 131 10.7 Other Incentives ...... 133 10.8 Prevention of Leakages ...... 134 10.9 Source of Funds ...... 134 Chapter 11 Conclusion ...... 135 11.1 Felling permissions ...... 135 11.2 Identified Forests ...... 135 11.3 The Private Forest (Acquisition) Act, 1975 ...... 136 11.4 Capacity Building ...... 136 11.5 Project Outputs ...... 136 11.6 Summary of Recommendations ...... 137 11.7 Concluding Remarks ...... 138 Appendix 1: The Maharashtra Felling of Trees (Regulation) Act, 1964 ...... 141 Appendix 2: List of Plant Species Observed in Koyna-Chandoli Corridor (Chapter 3) .. 142 Appendix 3: Flow Chart for Permission to Cut Trees on Private Land ...... 152

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Executive Summary Chapter 1: Background and Rationale

Private forests are found commonly in Maharashtra Western Ghats. Private forests are multifunctional habitats that provide various ecosystem services, sequester carbon and control global warming. They have important biodiversity values. They provide forest produce and several economic benefits to their owners. Private forests were recognized by British officers in the 19th century but do not appear to have a legal definition at that time. The concept of mālki forests was recognized at that time also. These lands were used for cultivation of finger millet and varai. In 1975 private forests were acquired by the State Government under the Private Forests Acquisition Act. Under the 1978 amendment only the area more than 12 ha was retained by the government and the rest was returned. At present 42896 ha of private forests stands vested with the government. The Supreme issued orders for identification of forests outside reserved forests. This was carried out very incompletely and the total area of private forest identified in Western Ghats was 2557 ha. In this study the term private forest is used for those lands that are still in possession of their owners and have tree cover or capable of holding tree cover. In there is a category of forests that may be called community forests because it belongs to the entire village or sub-village. This study has been carried out with the objective of identifying area, distribution and status of private forests as well as the various factors that affect their conservation in Maharashtra Western Ghats.

Chapter 2: Extent and Distribution of Private Forests

The Forest Survey of India estimates a forest cover of 18966 sq.km. in Maharashtra Western Ghats. Panigrahy et al have identified an area of 17207 sq.km. in Maharashtra Western Ghats. They have estimated a loss in area under dense forests and an increase in area under medium dense and open forests. The study area consists of five southern districts of Maharashtra Western Ghats. We estimated area under private forests by using land use land cover (LULC) maps of National Remote Sensing Centre (NRSC). The area of reserved forest was superimposed on the LULC map. The forest area outside reserved forest boundaries was the forest area in revenue land. After subtracting the area under government forests what remained was the area under private forests. Evergreen forest, deciduous forest, degraded forest, scrubland and wasteland were the categories included in private forest. The last two categories were included because they are capable of supporting forest if they are well protected. The area under private forest is estimated as 12,043 sq.km. while the area of recorded government forest was about 5,656 sq.km. The area of private forest under tree cover is 6,020 sq.km. while the remaining area is scrublands and wasteland. The large area under private forests underlines their importance. The area of private forests is highest in District. The area of evergreen private forests is highest in Sindhudurg District. Based on the viii average size of private forest holdings it is estimated that there are 192,337 private forest holdings in the study area. Based on the mapping exercise areas of high priority where there are large blocks of private forest were identified.

Chapter 3: Questionnaire Survey of Private Forests

A questionnaire survey was carried out among private forest owners in the study area. Mos of the private forest owners (PFOs) belonged to the general caste and a relatively smaller percentage was in the OBC, SC, ONT categories. Most of them had shareholders staying outside the village and a large majority of these resided at . Many of these were employed in manual labour and a smaller percentage were employed in private or government sector. By village standards PFOs had average to above-average economic status. Agriculture was found to be the most important occupation. Most households owned livestock. Former use of private forests was most often shifting cultivation. Uses of private forest included periodic felling for firewood sale, personal firewood, pasture, lopping for raab burning, plantation and shifting cultivation. Source of firewood was mostly private forests and occasionally government forests. Purpose of tree cutting was most often commercial sale of firewood. In older cases they had been cut for manufacture of charcoal which is since banned. Tree cutting was mostly by contractor. The average since last delling ranged from 5 years in District to 18 years in . The current rotation age was typically 5 to 10 years. Private forest owners got very low income from cutting the forest. The annualized return ranged from Rs. 2.7/acre/year to Rs. 285/acre/year.

Conservation and sustainable management of private forests was a new concept and most people did not understand it. They equated it with tree plantation. Various problems were expressed for this. The most frequently reported problem was lack of knowledge. The second most frequent problem related to lack of finance. The frequently needed inputs were guidance and training and finance.

Private forests were generally found on hill sides, hill tops and plateaus and rarely in valleys. The vegetation quality was poorer in , and Kolhapur and better in Ratnagiri and Sindhudurg. Soil erosion was common. Threats included sale of land to businessmen, construction of resorts and farm houses, wind mill construction and conversion to plantations of coconut, rubber, banana, pineapple etc.

Chapter 4: Survey of Acquired Private Forest and Identified Private Forest

Acquired private forest were surveyed to assess their status. In most cases there was not much difference in the status of these lands since they were acquired and they have not benefited from transfer to the Forest Department. Recent plantations were carried out on some of these lands but substantial improvement in vegetation has not taken place. In a few cases older plantations with good tree cover were seen. Identified private forests were surveyed in Sindhudurg District to assess their status and implementation ix of identification process. In the surveyed villages the villagers were generally aware about the identification process. However they were not aware of the reasons, criteria and implications of this process. They had never been informed that their land was included in identified forest. The most common problem experienced by them was lack of permission for cutting trees. There were some cases when residential areas, agriculture areas, roads and temples were included in identified forest. Some of them experienced difficulty for selling their land.

Tree cutting should not be banned on identified forest because tree cutting is a legitimate forest use. Identification process should be completed to prevent diversion of private forest for commercial projects. Personal use should not attract provision of Forest Conservation Act. Overall an enabling policy should be adopted so that identified forest owners are benefited rather than harassed.

Chapter 5: Vegetation Study of Private Forests in Koyna-Chandoli Corridor

A vegetation assessment was carried out in Sahyadri-Konkan corridor, since it is a an important corridor region, to study the vegetation status, management practices and list economically important plant species. At present villagers are cutting their private forests every 6 to 8 years. Shifting cultivation was stopped about 20 years back. They also use these forests for pasture and for personal firewood use. Raab is a common practice. This practice is causing degradation of the vegetation. The study was carried out on reserved forest and private forest in dense and degraded forest on slope as well as plains. Tree diversity was higher in reserved forest while shrub and herb diversity was higher in degraded forest. Substantial difference was found in species composition in Reserved Forest and Private Forest. The average GBH of trees and average tree height in Reserved Forest was higher than private forest. Average number of stems is higher in private forests than reserved forests due to heavy cutting and lopping. Standing wood volume was plotted with age after tree cutting. A productivity of 1.25 m3/ha/yr. This was the lower bound and the actual productivity is likely to be higher than this. Several economically important species having high value were found in the study area. Their extraction can form a component of a sustainable management of system for private forests.

Chapter 6: Review of Laws and Regulations Relevant to Private Forests

The Supreme Court in its judgment in the TN Godavarman Case (WP 202/1995) ruled that the provisions of the Forest (Conservation) Act, 1980 must apply to all forests including those not reserved under the Indian Forest Act, thus making it applicable to private forests. In Sindhudurg District shifting cultivation was not allowed on identified private forests but was allowed later under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. x

Permission for tree felling on private lands is given by Revenue officer under the Maharashtra Land Revenue Code. For 18 scheduled species (25 in Sindhudurg) permission is given by a Range Forest Officer under the Maharashtra Felling of Trees (Regulation) Act, 1964. The Maharashtra Private Forests (Acquisition) Act, 1975 allowed the state government to acquire private forests. However by the amendment of 1978 only land in excess of 12 ha was allowed to be acquired. The Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 provides that trees standing in name of private land owned by Scheduled shall be sold only with the assistance of the Collector through a forest officer to prevent cheating of illiterate tribals.

The Special Development Control (Hill Stations) Regulations, 1996 provide for keeping 75% of the total area as open land for tree plantation, 14% for roads, and only 11% can be used for the purpose of construction of residential complexes, hotels, etc. EIA process is not mandatory for wind mill projects because it is considered as green and low impact energy generation, which is not necessarily the case.

Chapter 7: The Lok Vaniki Scheme of Madhya Pradesh State

Private forests were totally locked up due to restrictive legal and policy framework. The Lok Vaniki Scheme was introduced to encourage wood production on private land that would contribute to overall timber production and reduce pressure on government forests. To this end the Lok Vaniki Act was enacted in 2001. A chartered forester is appointed for each division for preparation of management plan for interested private forest owners. The management plan is approved by the Deputy Conservator of Forests or the Chief Conservator of Forests. The procedures for tree cutting and transportation permission are simplified for tree felling in accordance with the approved management plan. Timber may be auctioned through the Forest Department in government timber depots. The Lok Vaniki Scheme was introduced in 11 districts. There are district level associations to represent private forest owners and lobby on their behalf. Because of some problems it was withdrawn from ten districts but is operational in Dewas District. A rapid evaluation of the scheme showed that the scheme had benefited private forest owners and they were generally in its favour though they wanted a few changes.

Chapter 8: Conservation Model Based on Sustainable Harvesting of Forest Produce

Private forest owners need incentives to conserve their forests. Incentives generated from sale of produce generated by sustainable harvesting has been termed as internal incentives and can motivate owners for sustainable management. This is in contrast to external incentives that are payments made to encourage desirable management practices. At present large number of private forests are clear-felled on short rotation cycles for sale of firewood, which is an unsustainable management practice. Scientific forestry is capable of producing higher wood production while conserving the forests xi and maintaining tree cover. A management system based on scientific forestry can provide the necessary incentives for conservation of forests. A package of practices has been identified for sustainable management of private forests. Production of NTFP, medicinal plants, spices, fruits, honey are compatible activities that can provide additional income. Bamboo cultivation is a means of provide rapid returns to private forest owners. The procedure for timber felling permissions should be simplified to encourage this practice. Guidance and training should be provided to private forest owners in this respect. A large number of species of ethnobotanic and economic importance were identified by private forest owners that could form a component of such management practices. The Forest Department, Social Forestry Department, bee keeping training institutions, Medicinal Plants Board and several institutions working on medicinal plants can provide resources in this respect.

Chapter 9: External Incentives for Conservation of Private Forests

An important reason for unsustainable management of private forests is lack of incentives for more sustainable practices. These practices can lead to increased carbon sequestration. This service of removal of greenhouse gases can be used as a basis for trading carbon credits which can potentially be an inducement for landowners to adopt improved forest management practices. This can be done by registering the project in the compliance carbon market or the voluntary carbon market. REDD+ may provide a framework for registering such projects in the compliance market in the post 2012 emission control regime. In the voluntary market the schemes available are Verified Carbon -Standard (VCS), Plan Vivo and VER+. These are traded in the range of €2.30-

€15/tCO2e.

Private forests provide several ecosystem services such as forest produce, hydroelectricity, livestock production, biodiversity conservation, regulation of hydrological flow, flood prevention, soil conservation, aesthetic services and recreation. These have value for downstream residents and society at large provided they are managed sustainably. Desirable practices can be motivated by payment of external incentives through schemes known as payment for ecosystem services (PES). Payment for ecosystem services can be used to reinforce desirable management practices among individual or group of private forest owners. The buyer can be entities such as hydroelectric companies, towns, government etc. who benefit from these services. The incentive rate is a matter of negotiation between the minimum that the private forest owners are willing to accept for foregoing the benefits they receive at present and the maximum amount the buyers are ready to pay for these services.

Chapter 10: Development of a Conservation Strategy

Monetary incentives should form an important component of a conservation strategy for private forests. Internal incentives from sustainable harvesting of private forests xii should form the long term strategy for conservation of private forests. External incentives from payment for ecosystem services (PES) should form the immediate strategy for this purpose. The PES payment should be made by the State Government. PES should be greater than the benefit that the owner is currently receiving form private forests. The scheme should be voluntary. The government shall prepare guidelines for preparing management plans for private forests by its owner. The owner shall prepare management plan for sustainable management of his private forests, which shall be subject to government approval. Plantation of exotic species shall not be eligible for payment. Payment shall be made to the owner annually by direct payment method. Part of the payment shall be made to the village body and part should be kept a security deposit. There shall be a strong verification mechanism based on satellite imagery and direct inspection for preventing cases of noncompliance. The owners shall be trained in sustainable management and harvesting techniques by government and NGOs. The scheme shall be managed by the Social Forestry or the Forest Department.

Chapter 11: Conclusion

Felling permissions should be simplified and should be only with Forest Department and not Revenue Department. Process of identifying private forests should be completed so that it matches the area estimated in this report. Diversion of identified private forests should attract provisions of Forest Conservation Act, 1980. The government should give training to private forest owners in sustainable management of their forests. A summary of recommendations made in this report is presented. Greening of private forests will enable achievement 33% forest cover which has been an unachievable target so far.

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Glossary Varai: Proso millet (Panicum miliaceum)

Mālki: Private land

Rāb: Brushwood burnt in agricultural fields for preparing nursery for rice seedlings

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Chapter 1 Background and Rationale

By Jayant Kulkarni and Prachi Mehta

1.1 The Western Ghats The Western Ghats is a mountain range running parallel to the Western coastline of India from the Dang District of State to the southern tip of State. It has a maximum altitude of 2695 m (Wikipedia). The Western Ghats intercepts the southwest of India and has a high rainfall throughout the range, which is highest at its crest line. The annual rainfall is highest at the crest line of the mountain range and ranges from 2000 mm in the north to 8000 mm at its maximum. The 2 area of the Western Ghats is about 180,000 km (Bawa et al, 2007).

Large tracts of Western Ghats are clad with dense forests. Because of the range of climatic conditions a wide variety of vegetation types is found in the Western Ghats including deciduous, semi-evergreen, evergreen and montane forest types as well as grasslands and other special habitats. Because of the presence of a these habitats a wide variety of biodiversity is found in the Western Ghats. The Western Ghats has therefore been included in one of the 34 biodiversity hotspots of the world by Myers et al (2000).

Because of the high population density and developmental pressures the natural habitats in Western Ghats are under threat. Large areas of the natural habitats have been converted to human modified habitats. Large tracts of the natural forests have been converted to exotic and/or monoculture plantations such as the Nilgiris hills in Kerala and Tamilnadu Districts. Elsewhere large tracts of forests have been cleared and converted to agriculture and other land uses.

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1.2 The Maharashtra Western Ghats and Sahyadri Konkan Corridor The Western Ghats in Maharashtra extends from Nasik District in the North to Sindhudurg and Kolhapur Districts in the south through ten districts of Maharashtra. The area of the Western Ghats in Maharashtra is about 36,000 sq.km.

Figure 1.1: Maharashtra Western Ghats The CEPF ecosystem profile has defined the Sahyadri-Konkan Corridor as a broad region covering a major portion of the southern tip of the Maharashtra Western Ghats and the adjacent coastal region. The Sahyadri-Konkan Corridor has been defined in the CEPF profile as a corridor zone in Northern Western Ghats with high potential for biodiversity conservation through specific interventions. The Sahyadri Corridor lies in 5 districts, of which Ratnagiri and Sindhudurg are coastal districts while Satara, Sangli and Kolhapur lie to the east of the Western Ghats crestline (Bawa et al, 2007).

1.3 About Private Forests Private forests are found commonly in Maharashtra Western Ghats. These are found interspersed with reserved forest, agricultural land, grassland, habitation and other human modified types. Private forests provide ecosystem services such as soil conservation and regulation of hydrological cycle. Lately carbon sequestration by private forests has become important due to its role in preventing global warming. Private forests help in biodiversity conservation by providing habitat for biodiversity and landscape connectivity in the biodiversity. Loss of private 3 forests can compromise these functions. They are a source of several important products for their owners such as firewood, timber, fodder, NTFP and medicinal plants. They play an

important role in the ecology of the Western Ghats and the livelihood of local people.

1.4 History and Definition of Private Forests The term private forest is commonly used to describe private land supporting forest-like vegetation. In the local it is known as private jungle or just private, the term private meaning private land. The reason for calling it private forest has certain historical background and legal justification.

Private forests were recognized during the British rule also. References to private forests are found in Districts Gazetteers of the drafted in the 19th century. The Bombay Presidency Gazetteer for gives taluka-wise breakup of private forests totaling 192.5 sq.miles (498.6 sq.km.) (Gazetteers of Bombay Presidency, 1880). The Bombay Presidency Gazetteer for Ratnagiri District states the taluka-wise breakup of private forests as 13,862 acres (56.1 sq.km.). It also states an area of 66,850 acres (270.6 sq.km.) under village plantations, the legal status of which is not clear but presumably falling under Revenue lands. It states that in 1829 the collector Mr. Dunlop gave open access to forests to the people under the impression that they would protect and maintain the forests for long term production. Instead the people started large scale harvesting of trees which were sold off to traders for the ship building industry in Bombay. Teak was the most important species Hence the forests were decimated in a few decades, both government and private forests (Gazetteers of Bomba Presidency, 1886). The Bombay Presidency Gazetteer for Savantwadi District (present day Sindhudurg District) does not have any references to private forests.

The legal status of forest lands depended to a great extent on the rulings of the princely states that preceded the British. For example, in case of princely state of Kolhapur, forests and forest produce were strictly regulated by the ruler. Certain tree species such as teak, sandalwood, rosewood and hirda (chebulic myrobalan) were nationalized, i.e. they were considered state property whether they occurred on government or private land. The Kolhapur gazetteer recognizes the concept of mālki land, i.e., private land, generally unsuitable for agriculture. Many of these lands were used for shifting cultivation of finger millet and varai. Those not used for shifting cultivation and pasture generally tend to support tree growth. (Maharashtra State Gazetteers, 1960)Therefore it appears that private forests were akin to private lands with tree cover, which is the status today also.

It is likely that the identification and estimation of private forests in the district gazetteers depended on the approach taken by the authors of the gazetteers and the local forest 4 officers. There is no evidence that any legal status was given to private forests and it is likely that private forests were identified based on the dictionary meaning of forests, i.e., land that had tree growth or tree cover.

Section 35(1) of the Indian Forest Act, 1927 empowers the government to prohibit non- forest activities such as breaking of land, firing and clearing of vegetation on private land and wasteland after issuing a notices and hearing objections under Section 35(3). In case of neglect or disobedience by the owner Section 36 empowers the government to take over management of such lands. Section 37 empowers the government to acquire such lands in as per procedures of the Land Acquisition Act, 1894.

In the 1950s the state government issued notices to large number of owners of private forests under Section 35(3) asking them to show cause why these forests should not be taken over by the government for better management. The criteria for identification of these private forests is not known but presumably this was done by the field officers of the Revenue Department and Forest Department. The matter rested here and no further action was taken at this time for acquiring these lands (MG Gogate, pers. comm.).

In 1975 the government enacted the Private Forests (Acquisition) Act, 1975 (PFAA) for permanently acquiring private forests. Private forests were defined as those forests in respect of which notices had been issued to the owners under Subsections 35(1) or 35(3) or Section 38 of the Indian Forest Act. The list of land plots that were identified as private forests in the 1950s, whose owners were issued notices under Subsection 35(3) of the Indian Forest Act, was taken as the basis for identifying private forests and all these lands were acquired that were in excess of 2 ha (MG Gogate pers. comm.). In the ten districts of the Western Ghats the area of private forests acquired was 2129 km2 while in the five districts of the study area the area acquired was 547 km2 (Table 1.1).

The acquisition of land under the PFAA met with great opposition from the affected land owners. There were several representations against the act. Several affected owners filed appeals against the acquisition. The owners’ contention was that their livelihood depended on their land and acquisition of their land by the government caused them great hardship and financial loss. Considering the strong opposition to the PFAA the state government amended the act in 1978. Under Section 22A of the amended Act the government would only acquire private forests where the total land owned by the owner was in excess of 12 ha. If the owner was left with less than 12 ha land due to acquisition under the PFAA a portion of the acquired land was to be returned to him so that he was left with a total of 12 ha of land including agricultural. If the total extent of land with an owner was less than 12 ha then no private forest was to be acquired by the government. However such land already acquired by the Government was to be returned to the owner. Following the 1978 5 amendment much of the private forests acquired by the government were returned to the owners and the impact of the Act was much reduced. The present status of the area of private forests acquired by the government in districts of Maharashtra Western Ghats is given in Table 1.1. It may be seen that of the total area of 212942 ha acquired only 42896 ha (20.14%) has been finally vested with the government and 82588 ha (38.78%) is under appeal.

The area of private forest acquired by the government in 1975 was highest in Raigad District followed by and Sindhudurg respectively. No private forest was acquired in Ahmadnagar District. The area finally vested with the Government is also highest for Raigad District.

Among the five districts of the study area the area of private forest acquired in 1975 is highest in Sindhudurg District and lowest in Ratnagiri District. The area finally vested with the government is highest in and lowest in Ratnagiri District.

Table 1.1: Status of Private Forests Acquired Maharashtra Western Ghats under the Private Forest (Acquisition) Act, 1975 District Acquired Restored u/s Under Finally Vested 22A, s6 Enquiry/Appeal with Govt. Cases Area(ha) Cases Area(ha) Cases Area(ha) Cases Area(ha) Pune 4340 15684 2478 4447 1859 10965 3 271 672 14551 583 5595 65 1063 29 7894 Ahmadnagar ------Thane 11845 57126 9167 25385 2170 21219 503 5109 Mumbai 28 1526 - - 28 1526 - - Raigad 31730 69380 20789 24918 12033 35472 1065 11999 Ratnagiri 570 814 534 635 0 0 36 179 Kolhapur 588 10689 563 3969 8 2289 24 5794 Satara 445 6921 36 44 10 390 409 6877 Sangli 90 852 13 83 0 0 77 769 Sindhudurg 7314 35398 509 22494 795 9662 64 4003 Total 57622 212942 34672 87571 16968 82588 2210 42896 Source: Additional PCCF (Conservation), Maharashtra Forest Department, (June 6, 2012) Note: The five districts of the study area are highlighted

1.5 Identified Forest The Supreme Court orders in the TN Godavarman case (202 of 1995) had far-reaching effects on forest conservation in the country. One of the important orders pertains to application of the Forest Conservation Act, 1980. The Supreme Court ordered that the Forest Conservation Act would be applicable to all lands that were recorded as forests in 6

Government records including revenue lands. Moreover it ordered that the Forest Conservation Act, 1980 would be applicable to all forests that fit the common perception of forest or dictionary meaning of forest. Essentially this would apply to forest having standing tree growth on it. It ordered that the state governments should initiate a process for identifying forest that was not reserved under the Indian Forest Act, including private and government revenue forest. The forest identified in this exercise is known as identified forest. In Marathi these lands are said to have vansoudnya (forest nomenclature) applied to them. Where the land is of private ownership it is known as identified private forest.

The list of identified forests was communicated to the Supreme Court by the State Government in 1997. Subsequently changes were made and a revised list was communicated to the Supreme Court. Table 1.2 gives the extent of identified forests in each district in the Western Ghats as per the latest revision as per the revised list communicated to the Supreme Court. A total of 4.77 sq.km. of land is identified as identified private forest in the districts of the study area. This is far less than the total area of private owned forests estimated in Chapter 2.

Table 1.2: Area of Identified Forest in Districts of Western Ghats District Area (ha) Mangrove Govt. Land Pvt. Land Total Nashik - 106.86 - 106.86 Ahmadnagar - 4270.84 - 4270.84 Thane - - 727.0608 727.0608 Raigad 992.39 599.982 1353.546 2945.92 Pune - 318.6 - 318.6 Ratnagiri 676.97 - - 676.97 Sangli - - - - Satara - 356.288 - 356.288 Kolhapur - 2560.11 22.88 2582.99 Sindhudurg 473.15 948.69 453.86 1875.7 Total 2142.51 9161.37 2557.347 13861.23 Source: Additional PCCF, Conservation, Maharashtra Forest Department, Nagpur (June 6, 2012) Note: The five districts of the study area are highlighted

1.6 Connotations and Definition of Private Forest The term “private forest” has different meanings depending on the context and the entity/person using the term. As far as the PPFAA is concerned the term refers to the forest acquired under the act. Specifically it refers to the lands for which notices were issued under subsections 35(1), 35(3) and 38 of the Indian Forest Act. In government parlance the 7 term private forest refers to the forest acquired under the PFAA and normally not to the land that was restored to the owners.

The second related term is “Identified Forest”. Identified Forest of private ownership is close in meaning to the term private forest in the sense it is used in this study since it stands for the dictionary meaning of forest. However Identified Forest strictly refers only to those lands that have been identified by the government as forest and informed as such to the Supreme Court.

It is useful at this point to consider the nature of the land on which private forests occur. The Census of India categorizes land under various land use categories. The main categories are irrigated cultivation, unirrigated cultivation, culturable wasteland and nonculturable wasteland. The last two categories have the potential to support forest and indeed some of it does does support forest. Most private forests therefore probably fall under this category. The land records of each land owner are maintained by the Revenue Department in a format known as Form 7/12. Form 7/12 classifies land in a as unirrigated, irrigated and nonculturable land (pot kharābā in Marathi) which is similar in meaning to the classification of Census of India. Private forests occur mostly on the pot kharābā land. This land is also known as mālki land or mālki jungle where the term mālki means private or privately owned.

The PFAA gives a very broad and inclusive definition of forest and includes “land covered with trees (whether standing, felled, found or otherwise), shrub, bushes or woody vegetation, whether of natural growth or planted by human agency and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber, fuel, forest produce, or grazing facilities, or on climate, stream flow, protection of land from erosion other such matters”. It includes land covered with stumps of trees, land which was part of a forest, pasture land, water- logged cultivable or non-cultivable land, forest land unfit for agriculture.

Taking a cue from this Act an inclusive definition of forest is adopted for the purpose of this study. Private forest is defined as:

Private forests are revenue lands under private ownership, that are not under agriculture, horticulture, construction, water or other non-forest use and support some form of standing tree growth of native tree species or are capable of supporting tree growth with adequate protection and or/rehabilitation.

As defined above private forest includes land that does not have tree cover at present such as wasteland or degraded forest but has the potential to support forest with proper management. By this definition horticultural plantations such as coconut, mango, cashew, 8 chickoo are excluded from private forests. Other plantations such as tea, coffee, rubber are specifically identified as non-forest use by the Supreme Court order in the Godavarman Case and are in any case excluded. Trees such as jackfruit and kokum have horticultural and forestry value and may also be classified as forest. Plantations of native forest trees such as teak may be included in private forests. Doubtful cases of plantations may be judged on a case by case basis depending on the purpose and species composition.

The above definition of private forests by default excludes reserved forests, protected forests and unclassed forests that are under the control and management of the Forest Department. However with a change of ownership from private to Government (Revenue Department) the same definition can be extended to government lands and village lands that are in records of the Revenue Department.

Throughout this chapter the term “privately owned forests” is being used and not “private forests”. The explanation for the same is given below.

The term private forest is used in various senses by different people as I realized in the course of this study. In government parlance, especially by forest officers, the term private forests is used in a very strict sense and refers to the lands for which notices had been issued to the owners under Subsections 35(1) or 35(3) or Section 38 of the Indian Forest Act. It is also used for forests that have already been acquired under the PFAA and vested with the Government.

While this study was being carried out knowledgeable officers of the Forest Department informed me that the term private forests has the above specific legal definition and should not be used loosely. However I have chosen to follow the more intuitive definition which corresponds closely with the dictionary meaning of private forest. My apologies if the definition I have used in this study is a cause for confusion.

There is another important category of privately owned forests that is common in Dodamarg and talukas of Sindhudurg District. These are private forests that are owned by an entire subvillage or village. These may be termed as community forests. In the local language they are known as sāmāyik land meaing common land or land owned by the community.

1.7 Rationale for the Project We have seen in Section 1.3 that private forests are multifunctional lands that have a variety of roles and uses. Their conservation is important for ecological as well as socioeconomic reasons. With this view it was considered important to carry out a study of Private Forests in this part of the Western Ghats. This study was carried out in the five 9 districts of the Sahyadri-Konkan corridor since this is a priority area identified by the CEPF ecosystem profile (Bawa et al, 2007). These districts are Satara, Sangli, Kolhapur, Ratnagiri and Sindhudurg.

The CEPF ecosystem profile of Western Ghats has identified certain strategic directions and investment priorities. This study aligns with Strategic Direction 1: Enable action by diverse communities and partnerships to ensure conservation of key biodiversity areas and enhance connectivity in the corridors. The study falls under Investment priority 1.2: Promote partnerships to identify, evaluate, and advocate for suitable mechanisms that incorporate critical links (biological corridors) into the protected area network.

Knowledge of the extent and distribution of private and community forests will help in directing efforts in the proper areas. It will help to prioritize areas where immediate conservation work can be carried out. Knowledge of dynamics of land use on private and group private forests, including attitudes of the land owners, economics, roles of various stakeholders and legal and regulatory issues will help in designing appropriate actions that can help to resolve the issues that cause the owners to maintain their lands in a degraded state. The project has also studied policy issues and made recommendations for policy changes that will help to protect tree cover on private and community forests.

The specific objectives of the study as stated in the original project proposal are:

 To determine the extent and distribution of private and community forests in the districts of the study area.  To map private forests in critical link areas between identified site outcomes and explore possibility of strengthening the links by protecting private and community forests in these areas.  To study the dynamics of land use on private and group private forests including attitudes, information levels, economic factors, social factors and statutory.  To recommend suitable mechanisms and technologies for conservation of tree cover and biodiversity on private and community forests.  To identify possible future partners, both organizations and individuals that can help in conservation of private forests.

References Bawa Kamal S., Arundhati Das, Jagdish Krishnaswamy, Ullas Karanth, N. Samba Kumar and Madhu Rao, 2007. Ecosystem Profile, Western Ghats and Sri Lanka Biodiversity Hotspot, Western Ghats Region. Critical Ecosystem Partnership Fund. 10

Myers N, Mittermeier R A, Mittermeier CG, da Fonseca GAB, and Kent J. 2000. Biodiversity hotspots for conservation priorities. Nature 403: 853-858.

Wikipedia. http://en.wikipedia.org/wiki/Western_Ghats (July 31, 2012)

Gazetteers of the Bombay Presidency (Facsimile Reproduction), 1880. Kolaba District, Volume X, Originally Printed in 1880. Reprinted in 1996. E-Book Edition 2006. Publ. by The Executive Editor and Secretary, Gazetteers Dept. Govt. of Mah. Mumbai. E-Book prepared by Nirmal Software Services Pvt. Ltd.

Gazetteers of the Bombay Presidency (Facsimile Reproduction), 1886. Ratnagiri and Savantvadi, Volume XXIV, Originally Printed in 1886. Reprinted in 1996. E-Book Edition 2006. Publ. by The Executive Editor and Secretary, Gazetteers Dept. Govt. of Mah. Mumbai. E-Book prepared by Nirmal Software Services Pvt. Ltd.

Maharashtra State Gazetteers, 1960. Government of Maharashtra, , Bomba, Directorate of Govt. Printing, Stationery, and Publications, Maharashtra State, 1960.

11

Chapter 2 Extent and Distribution of Private Forests

Jayant Kulkarni and Swapnil Chaudhari

2.1 Area under Forest Cover The Forest Survey of India carries out regular assessment of forest cover all over the country in a district-wise manner. The FSI assessment of forest in the Maharashtra Western Ghats for the year 2011 is given in Table 2.1. The forest area quoted in the report is the actual tree cover and not the recorded forest area that is under the control of the Forest Department.

The total forest cover is 18966 sq.km. which is 17.94% of the geographical area. For the five districts of the study area the forest cover is 9961 sq.km. which is 24.8% of the geographical area. The coastal districts of Ratnagiri and Sindhudurg have much higher percentage of their geographical area under forest cover compared to the eastern districts. Most of the forest is under the categories Moderately Dense and Open Forest.

Table 2.1: Forest Cover in Districts of the Maharashtra Western Ghats District Geog. V. Dense Mod. Open Total % of Scrub Area Forest Dense Forest Forest Geog. (sq.km.) (sq.km.) (sq.km.) Forest (sq.km.) (sq.km.) Area (sq.km.) Pune 15643 0 757 975 1732 11.07 493 Nashik 15530 0 351 738 1089 7.01 319 Ahmadnagar 17048 0 69 217 286 1.68 555 Thane 9558 0 1281 1631 2912 30.47 222 Mumbai 603 0 62 60 122 20.23 77 Raigad 7152 0 1248 1603 2864 40.04 49 Satara 10480 119 569 588 1276 12.18 365 Sangli 8572 0 95 49 144 1.68 156 Kolhapur 7685 65 1038 678 1775 23.10 88 Ratnagiri 8208 33 1910 2255 4198 51.15 2 Sindhudurg 5207 88 1364 4198 2568 49.32 47 Total 105686 305 8744 12992 18966 17.94 2373 Source: India, State of Forest Report, 2011, Forest Survey of India. Note: The five districts of the study area are highlighted 12

A study by Panigrahy et al (2010) analyses the change in forest area in the Western Ghats from 1985-87 to 2005. They have defined boundaries of the Western Ghats as 72°30'– 75°00'E long. and 15°30'–21°30'N lat. They estimate that there is a total forest area of 17207 sq.km. in Maharashtra Western Ghats consisting of 5161 sq.km. dense forest (crown density>40%), 4239 sq.km. open forest (crown density<40%), 863 sq.km. highly dense tree farm land (crown density>40%) and 2665 sq.km. less dense tree farm land (crown density 10% to 40%). Scrublands are included in forest and their area is 4104 sq.km. Tree farmland consists mainly of plantations carried out on private land outside reserved forests. We therefore have an estimate of the area of tree farmlands as 3528 sq.km. for the entire area of the Western Ghats. However tree farmlands have not been clearly defined in the publication and cannot be equated with private forests. Panigrahy et al (2010) have estimated a total decrease in area of dense forest by 10.57% and an increase in open forest 8.91% because of conversion of dense forest to open forest. They have also identified a decrease in highly dense tree farmland by 5.47% and an increase in less dense farmland by 1.09% because of conversion of highly dense farmland to less dense farmland. This is a cause of concern and action needs to be taken to reverse this trend of loss of forests and conversion of dense forests to open forests.

The estimates made by Panigrahy et al (2010), which are for the Western Ghats alone, do not exactly match the estimates given in Table 2.1 because the estimates in Table 2.1 pertain to the entire district. However there is still a fairly close match in the total forest area by Panigrahy et al (17207 sq.km.) and Forest Survey of India (18966 sq.km.).

2.2 The Study Area The Maharashtra part of the Sahyadri-Konkan corridor was selected as the study area in keeping with CEPF priorities. This zone lies in Districts Satara, Sangli, Kolhapur, Ratnagiri and Sindhudurg. The study was carried out mainly in talukas and villages of these districts that lie in the Western Ghats. However the assessment of area of Private forests was carried out over the entire district. Some information is quoted for entire Maharashtra Western Ghats to put the study area in the overall context of Western Ghats in Maharashtra.

Three districts, Satara, Sangli and Kolhapur, are located on the Deccan side, i.e. to the east, of the Western Ghats crestline. Ratnagiri and Sindhdurg Districts are coastal districts located to the West of the Western Ghats crestline. This results in geographical, climatic and ecological differences between these two groups of districts. The rainfall in coastal districts is uniformly heavy, about 2500 to 3500 mm. The rainfall on the Deccan side decreases rapidly from very heavy rainfall near the crestline (about 4000 mm) to moderate 13 rainfall towards the eastern edge of the Western Ghats (about 1500 mm). The climate on the coastal side is equable and humid. The climate on the Deccan side is more extreme and drier with colder winters.

Figure 2.1: Map of Study Area showing Protected Areas and Reserved Forests

The climatic differences result in differences in the nature of the vegetation. The heavy rainfall at crestline combined with strong winds results in a typical stunted montane forest type in a narrow zone all along the crestline. The vegetation in the coastal zone is generally more luxuriant. The main vegetation types found in this region, according to Champion and Seth’s classification, are:

 2A/C2 Southern Tropical West Coast Semi-evergreen Forest  3B/C1 Southern Moist Teak Forests  3B/C2 Southern Moist Mixed Deciduous Forest  5A/C1 Southern Dry Teak Forests  5A/C3 Southern Dry Mixed Deciduous Forest  8A/C2 Western Subtropical Hill Forest (Gupta et al, 2008) 14

Various degraded states of these basic vegetation types are also found including scrub and grassland. Grasslands found on steep slopes and lateritic plateaus are natural. However many grasslands are probably the result of denudtation of forests by anthropogenic forces.

There are differences in patterns of land holding, land use, agriculture and socioeconomics between the coastal and Deccan districts. This is reflected in some of the findings of this study.

2.3 Description of Source Data Knowledge of the extent and distribution of private forests Table 2.2: Land Use Land is the first step for conservation of these forests. At present Classification (LULC) no reliable estimate is available on this. Government records Code Name in this respect are very unreliable. The respective district 1 Build up administrations and the Forest Department have been 2 Kharif only mandated with the task of identifying forest land as per 3 Rabi only Supreme Court orders. At the outset of this study we 4 Zaid only attempted to obtain information on this from these 5 Double / tripple agencies. But we found that the achievement in this 6 Current fallow direction is extremely poor and far less than the actual area 7 Plantation/orchard of private forests. 8 Evergreen forest Considering the above facts aspects we decided to use data 9 Deciduous forest from remote sensing. Remote sensing data lends itself well 10 Scrub/Deg. forest for mapping and estimating various types of land use and is 11 Littoral swamp already being extensively used for this purpose. The Forest 12 Grassland Survey of India carries out an annual exercise to estimate 13 Other wasteland the forest area in the country based on remote sensing data. 14 Gullied 15 Scrubland It was beyond the scope of this project to carry out land use 16 Water bodies classification from original imagery. Fortunately the National Remote Sensing Centre (NRSC), a division of the Indian Space Research Organisation (ISRO), has carried out land use classification for the entire country under its project Bhoosampada. This data was found to be highly suitable for estimation of the area under private forests. Other input data used includes hard copy government forest (GF) boundary maps obtained from the Forest Department, boundaries of protected areas (PA) and Western Ghats provided by ATREE and the raster Land Use Land Cover map of Maharashtra Western Ghats provided by NRSC. The LULC map extended only up to longitude of 75° N. Hence the eastern part of beyond this longitude was not covered in the analysis. 15

Evergreen forest Deciduous forest

Degraded forest/Scrub Wasteland

The classified Land Use Land Cover (LULC) Map for the study area was obtained for the year 2008-09 from the National Remote Sensing Centre (NRSC). Sixteen LULC classes are given in the map shown in Table 2.1. Some simplifying assumptions need to be made for this exercise. For the purpose of this exercise Classes 1 to 7 and 16 were considered as non- forest. Classes 8 to 15 are treated as forest or potential forest. It may be debated that other than Class 8, 9 and 10 the remaining classes are not actually forest. However all these classes are relatively “unmanaged” land classes, i.e. they are not under systematic management such as agriculture and are therefore in a relatively natural state. Secondly they have the potential to become forests if they are left undisturbed and the pressures on them are removed. Here the term forest is used in a broader sense to mean vegetation that is natural or near natural. By this definition even grassland will come under the category forest. 16

The LULC map can give the land use but land ownership needs to be identified by other methods. Two broad land ownership categories may be identified – forest land that belongs to the Forest Department and Revenue land whose records are maintained by the Revenue Department.

In rural areas, where private forests are located, the land outside forest boundaries is either Revenue government land or private land. When the area of Revenue government land (forest+wasteland) is deducted from the land outside reserved forest what remains is private land.

The above premises are used as the basis for identification of private forests.

2.4 Methodology for extraction of LULC statistics according to RF boundaries Figure 2.1 describes the flow chart of the GIS operations that were carried out using available datasets for determining the land use statistics. This exercise was done in a district-wise manner for the entire study area. Reserved forest boundaries were obtained from hard copy maps obtained from the Forest Department.

The nearest neighbor assignment is the fastest resampling technique and is appropriate for categorical or thematic data, since it does not alter the value of the input cells. Once the location of the cell's center on the output raster dataset is located on the input raster, nearest neighbor assignment determines the location of the closest cell center on the input raster and assigns the value of that cell to the cell on the output raster. For this exercise the nearest neighbor resampling method was used.

The main steps are described below:

Digitization of government forest (GF) boundaries: From the scanned maps GF boundaries were extracted by manual digitization. Topological errors were removed and district wise GF boundary maps were prepared. Georeferencing and reprojecting: These GF maps were subjected to georeferencing and reprojecting to LCC projection system using provided LULC map while taking care that the data will have minimum RMS error. Attribute data entry: Attribute data was entered for forest and non forest polygons digitized Overlay on LULC raster map: The GF boundary map was overlaid on LULC map provided by NRSC. The boundaries of protected area and Western Ghats provided by ATREE were also overlaid on the LULC map. 17

Extraction of LULC statistics within RF, within PA and outside GF and PA: The LULC statistics was calculated for following combinations:

Inside WG Outside WG Inside Reserved Forest Inside Reserved Forest Inside PA Inside PA Outside Reserved Forest and PA Outside Reserved Forest and PA

Figure 2.2: Operations for Determining the Area of Private Forests

Hard copy RF boundary maps

Scanning of maps

Georeferencing and reprojecting of RF maps

Digitization of RF boundaries

Attribute data entry

Overlay on LULC raster map

Extraction of LULC within and outside of Protected Areas and RFs

Verification and Correction of Land Use The LULC map was checked for errors in classification. This was done by using Google Earth. Verification was done for three classes of interest, Band 7 (Plantations), Band 8 (Evergreen Forest), Band 9 (Deciduous Forest). A grid was laid on the LULC map at spacing of 3.6 km x 3.6 km. Points falling on the above three classes were verified with Google Earth. If the land use did not match the allocated land use it was reallocated to appropriate land use. Verification was totally carried out at 286 points. In case of Evergreen Forest and Deciduous Forest land use classes, if the tree cover was found to be low, that point was 18 reallocated to the Scrub/Degraded Forest land use class. In case of the Plantations land use class a large number of points in the coastal plains were found to be forested. These were reallocated to the Deciduous Forests class which is the predominant forest type here.

Based on the verification process a percentage reallocation matrix was constructed for each class, separately for the districts on the coastal side and districts on the coastal side. The initial LULC statistics were multiplied by this matrix to arrive at the corrected LULC statistics.

Correction for Revenue Land Outside Forest Boundaries Government land is under control of two Departments, the Revenue Department and the Forest Department. The forests that are under control of the Forest Department included Revenue Forests, Protected Forests and Unclassed Forests. Protected areas are also under the control of the Forest Department. In the discussion that follows all these forests that are under the control of the Forest Department are together referred to as Government Forest. The records of land outside Government forest boundaries are maintained by the Revenue Department. This land is mainly private land but includes a small percentage of government and village land. The Revenue Department has village-wise records of land belonging to the Government and the village. This includes the land that we are referring to as private forest and attempting to estimate in this exercise. It also includes government land such as grazing land, wasteland and revenue forests that either have standing forest or have potential for supporting forest cover. These lands together are referred to as Revenue lands available for developing forest cover and their extent is estimated in Table 2.3 and the paragraph below. The area of government land available for developing forest cover needs to be deducted from the total area of forest outside government forest boundaries to estimate the area of private forests.

As described earlier the areas under LULC classes 8 to 15 were added to give the area under forest outside government forest, which includes evergreen, deciduous and degraded forest, grassland, scrubland, wasteland, gullied land etc. For estimating the area of government forest under the control of the Forest Department the entire area inside forest boundaries was considered including all land use classes, which is equivalent to the recorded government forest area. The area estimated may not total exactly to the recorded government forest area because of approximations involved in digitization of the government forest boudaries.

The break-up of area under government forests was estimated from village-wise records of land use data of government land. A bewildering range of land use classes were seen in these records. They were clubbed into four main categories. The first category consisted of classes that were obviously not available for tree growth such as roads, paths, construction 19 and water bodies. The second category was grazing lands under various names. The third category was non-cultivable land and wasteland under various names. The fourth category was revenue forest. Table 2.3 gives the area under each category for four districts. The last three categories were clubbed together as Revenue land that has potential for and is may be available for developing forest cover. The data on government land could not be obtained for Kolhapur and Sangli Districts. Column 6 constitutes an average of 1.16% of the geographical area (Column 8). This percentage is used to estimate the revenue land available for supporting forest cover in Kolhapur and Sindhudurg Districts.

Table 2.3: District-wise Government and Community Land in Revenue Records (sq.km.) District Not Grazing Other Revenue Revenue Geog. % of available lands Wasteland Forest Land Area # Geog. for Forest Available Area Cover for Forest Cover 1 2 3 4 5 6=3+4+5 7 8=6/7*100 Satara 11.83 84.87 90.50 - 175.37 10480 1.66 Ratnagiri 19.23 3.39 21.37 23.71 48.47 8208 0.61 Sindhudurg 50.29 2.83 20.73 37.94 61.51 5207 1.22 Average 1.16

Kolhapur@ 95.83 8261 Sangli@ 65.47 5644 # Geographical area is taken from Table 2.4 @ Areas in Column 6 are estimated for Kolhapur and Sangli based on average value for other districts

2.5 Results Table 2.4 gives the district-wise breakup of private and government forests. The total area under private forests is estimated to be 12,043 sq.km. while the area under government forest is about 5,656 sq.km. This includes scrub and wasteland. The area under tree cover, which is the dictionary meaning of the term forest, is 6,020 sq.km. of which 3,127 sq.km. is inside the Western Ghats and 2,893 sq.km. is outside the Western Ghats. The area under private forests is more than double the area under government forests. The area of private forests inside Western Ghats is estimated to be 5,693 sq.km. which is slightly less than the area outside Western Ghats which is estimated to be 6,350 sq.km. Private forests constitute 37 % of the geographical area inside Western Ghats while they constitute 28.7 % of the geographical area outside Western Ghats. 20

Table 2.4: District-wise Area (sq.km.) under Private Forests and Government Forests Inside and Outside Western Ghats District Area Under Private Forests Revenue Land Available for Area Under Government Geographical Area Supporting Forest Cover Forests#@ Inside Outside Total Inside Outside Total Inside Outside Total Inside Outside Total WG WG WG WG WG WG WG WG Satara 918 608 1526 78 97 175 1831 740 2571 4672 5841 10513 Kolhapur 1253 606 1859 55 41 96 1730 123 1853 4705 3556 8261 Sangli 77 445 523 9 57 65 214 388 602 742 4902 5644 Ratnagiri 2511 2476 4987 22 26 48 87 19 106 3636 4351 7987 Sindhudurg 933 2216 3149 20 42 62 447 77 524 1603 3428 5031 Total 5693 6350 12043 183 264 447 4309 1347 5656 15358 22078 37436 # Area under government forests is as per digitized boundaries and may not match recorded area exactly @ Area under government forests includes protected areas

Table 2.5: District-wise Area (km2) under Private Forest by Land Cover Classes Inside and Outside Western Ghats Land Cover Class Satara Kolhapur Sangli Ratnagiri Sindhudurg Total Inside Outside Inside Outside Inside Outside Inside Outside Inside Outside Inside Outside WG WG WG WG WG WG WG WG WG WG WG WG Evergreen forest 105.7 0.8 376.1 47.8 6.8 0.1 525.1 236.9 684.1 602.1 1697.8 887.7 Deciduous forest 87.8 2.8 119.7 35.4 3.6 22.7 1124.2 1175.5 93.7 768.9 1429.1 2005.2 Scrub/Deg. 45.5 1.0 105.3 19.3 2.3 6.7 275.5 338.2 44.1 259.6 472.9 624.7 Forest Other wasteland 249.5 348.3 174.6 303.7 45.3 386.9 100.3 194.4 49.2 251.4 618.8 1484.7 Gullied 0.0 0.0 0.0 0.0 0.0 28.8 0.0 0.0 0.0 0.0 0.0 28.8 Scrubland 429.5 254.7 477.7 199.6 19.4 0.0 485.8 530.6 62.2 334.0 1474.6 1318.9 Total 918.1 607.6 1253.4 605.8 77.4 445.1 2510.9 2475.6 933.4 2216.1 5693.2 6350.1 Note: Estimates in Table 2.4 and 2.5 do not include part of Sangli District beyond 75° N longitude. 21

Figure 2.3: District-wise Breakup of Area Figure 2.4: District-wise Breakup of Pvt. under Government and Private Forest Forest Area Inside & Outside W. Ghats

The area under private forests in Ratnagiri District is much higher than the government forests and forms 97% of the total forest area. In all districts except Satara the area of private forests is more than the area of government forests (Figure 2.3).

From Figure 2.4 we see that in Satara, Kolhapur and Ratnagiri Districts the area under private forests is higher inside the Western Ghats compared to area outside Western Ghats. In Sangli and Sindhudurg Districts the area of private forests outside Western Ghats is more than the area inside Western Ghats. The area of private forests is highest in Ratnagiri District and least in Sangli District.

Figure 2.5: Land Cover on Private Forests Figure 2.6: Land Cover on Private Forests Inside Western Ghats Outside Western Ghats

Figures 2.5 and 2.6 show the land cover breakup on private forests inside and outside Western Ghats respectively. Inside the Western Ghats nearly 30% of the private forests are evergreen forests, 25% are deciduous forests and 8% are degraded forests. Outside the Western Ghats evergreen forests form 14%, deciduous forests form 31% while degraded forests form 10% of the total area of private forests. The area of private forests under wasteland is 37% inside Western Ghats and it is 45% outside Western Ghats. 22

Table 2.6: Percent of Pvt. Forest under Tree cover (Evergreen and Deciduous forests) District Inside Western Ghats Outside Western Ghats Overall % Evergreen % Deciduous % Evergreen % Deciduous % Evergreen % Deciduous Forest Forest Forest Forest Forest Forest Satara 11.5 9.6 0.1 0.5 7.0 5.9 Kolhapur 30.0 9.6 7.9 5.8 22.8 8.3 Sangli 8.8 4.6 0.0 5.1 1.3 8.3 Ratnagiri 20.9 44.8 9.6 47.5 15.3 46.1 Sindhudurg 73.3 10.0 27.2 34.7 40.8 27.4

Sindhudurg District has highest percentage of tree cover (evergreen and deciduous forest) in private forests as seen from Table 2.6. In Sindhudurg District the area of evergreen forests is 73% of the private forests Inside the Western Ghats, while it is 27% of the private forests outside Western Ghats. Other districts with high area of evergreen forests are Ratnagiri and Kolhapur. Ratnagiri also has fairly high area of tree cover inside and outside Western Ghats.

An estimate is Table 2.7: Estimate of Number of Private Forest Holdings made in Chapter 3 District Total Pvt. Average Land Number of Pvt. of the average size Forest (ha) Holding Size Forest Holdings of individual private (ha) forest holdings Satara 152,500 4.20 36,309 which ranges from Kolhapur 185,900 7.12 26,109 6 acres (2.44 ha) in Sangli 52,200 2.44 21,393 Sangli District to Ratnagiri 498,600 8.46 58,936 20.9 acres (8.46 ha) Sindhudurg 314,900 6.35 49,590 in Ratnagiri Total 192,337 District. An estimate is made in Table 2.7 of the number of individual land holdings in each district of the study area. The estimated number of private forest holdings in each district of the study area ranges from 21,393 to 58,936 with a total of 192,337 for the five districts of the study area.

2.6 Prioritisation of Private Forests Areas for Conservation The district maps showing distribution of private forests in the study area are given in Figure 2.6 to Figure 2.10. Based on the mapping of private forests some areas are identified as high priority based on the extent and continuity of private forests. In some cases these forests have good quality forests while in other cases they are degraded scrub forests. The criterion that has been adopted is extent of private forests and potential for increasing 23 connectivity between government forests. Table 2.7 gives locations that have high potential for conservation of private forests. The locations are mostly identified in terms of forest ranges. Such locations are largest and most in number in Ratnagiri and Sindhudurg District followed by Kolhapur District. They are comparatively less in Satara and Sangli Districts. Focused efforts in these areas will have great value for conservation of private forests and will help to achieve the objectives of preventing land degradation and improving landscape connectivity. Overall Ratnagiri District has the highest priority for conservation or private forests because of the large area under private forests followed by Sindhudurg District, which has large area of pristine evergreen private forests. The forests in Dodamarg and are under high risk from commercial forces.

Table 2.8: High Priority Areas for Conservation of Private Forests District Locality Remarks Satara North of northern tip of Mix of scrubland and degraded forest blocks. Koyna Sanctuary in Provides connectivity between Mahabaleshwar Range Plateau and Koyna Sanctuary Corridor between Koyna Private forests interspersed with government Sanctuary and Chandoli NP in forest. Mostly scrub but some dense vegetation. Patan Range Very important because it has high potential for improving connectivity between Koyna Sanctuary and Chandoli NP. Sangli Dhamawde-Girjawde-Sirsi- Mostly scrubland and wasteland in a compact block Meni Villages in Shirala Range Kolhapur Yelwan Jugai-Burambal, The vegetation type is mostly scrubland but it is a Karanjfen, Burki-Gawdi large area and has great potential for improving Villages in Pendakhale Range connectivity if protected. It is interspersed with small areas of agriculture Jawli-Gholsawde-Humbavli- The vegetation type is mostly scrubland. The area Manoli-Amba-Talwade-Warul is fairly large and has potential for improving Villages in Malkapur Range connectivity if protected. Amba is a developing and many of these lands have been purchased by businessmen for resort development. Dhundawde-Mandukliwadi Though small in area the forests are of good quality villages in Salwan Range and provide connectivity between government forests. Upawde-Pagore-Mhasurli-Pal It is scrubland located in a compact block on a hill Villages in Salwan Range range and has good scope for conservation. Mathgav Village in Azra Small but compact block of scrubland has potential Range for improving connectivity if protected. Ratnagiri Khed Range Eastern part of Khed Range has extensive area of private forests. Most of it is scrubland but some parts near the crest-line is evergreen forest. 24

District Locality Remarks Range Eastern part of Khed Range has extensive area of private forests. Most of it is scrubland but some parts near the crest-line is evergreen forest. Sangameshwar Range Eastern part of Sangameshwar Range has extensive area of private forests. There are fairly large blocks of evergreen forest in this range. Lanja Range Eastern part of Lanja Range has extensive area of private forests. Most of it is scrubland but some parts near the crest-line is evergreen forest. Rajapur Range Eastern part of Rajapur Range has extensive area of private forests. Most of it is scrubland but some parts near the crest-line is evergreen forest. Sindhudurg Vaibhavwadi Range The entire range has extensive area under private forests. It is a mix of scrubland, deciduous and evergreen forest. Range This range has fairly extensive area under private forest. It is a mix of scrubland, deciduous and evergreen forest. Kadawal Range This range has fairly extensive area under private forest. It is a mix of scrubland and evergreen forest. Sawantwadi Range: Villages The eastern parts of this range has extensive Asniye, Konas, private forests that have a fairly high percentage of undisturbed evergreen forest. Dodamarg Range A large portion of this range has extensive private forests that have a fairly high percentage of undisturbed evergreen forest.

References Forest Survey of India, 2011. India State of Forest Report 2011. Forest Survey of India, Ministry of Environment and Forests, Dehradun.

Gupta V, Nitin Kakodkar and Devendra Kumar, 2008. Working Plan for the Forests of Kolhapur Forest Division, Vol. I, Text (Part I & II), Period 2008-09 to 2017-18, Government of Maharashtra.

Rabindra K. Panigrahy, Manish P. Kale, Upasana Dutta, Asima Mishra, Bishwarup Banerjee and Sarnam Singh, 2010. Current Science, Vol. 98, No. 5, 2010, pp:657-664.

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Figure 2.7: Map Showing Private and Revenue Forests in Satara District

26

Figure 2.8: Map Showing Private and Revenue Forests in Sangli District

27

Figure 2.9: Map Showing Private and Revenue Forests in Kolhapur District

28

Figure 2.10: Map Showing Private and Revenue Forests in Ratnagiri District

29

Figure 2.11: Map Showing Private and Revenue Forests in Sindhudurg District

30

Chapter 3 Questionnaire Survey of Private Forest Owners

By Jayant Kulkarni

3.1 Objectives The land use on private forests is decided by the owners based on several factors, which includes economic, historical, cultural, land use and social factors as well as availability of knowledge and training. It was therefore considered important to carry out a survey of these factors to understand the decision-making parameters. This would help to devise strategies for conservation of these forests. The survey would also be useful for determining the general status of private forests in the study area.

3.2 Methodology The survey was carried out by Table 3.1: Sample Size means of a structured District Talukas Villages Individuals questionnaire. Another data- Satara 4 25 81 format was used for assessing the Kolhapur 7 23 34 status of private forests with Sangli 1 3 13 respect to density and condition of Ratnagiri 6 18 53 the vegetation and soil erosion. A Sindhudurg 5 20 58 preliminary set of questionnaire Total 23 89 239 and datasheet was first made and tested in the field. A refined version and used for the survey in the five districts.

The main administrative level below the level of district is taluka. Talukas that lay in the Western Ghats were identified. In each such taluka two villages were selected at random. The questionnaire was administered to about 5 to 10 private forest owners (PFOs) in each village. The district-wise and taluka-wise details of sample size are given in Table 3.1.

3.3 Social Information A majority of PFOs are from the open caste in all districts. A substantial number from Sangli District belong to nomadic tribes category and in Ratnagiri District to Other Backwards Classes category. A small percentage are from Scheduled Caste category in 31

Satara, Kolhapur and Ratnagiri Districts. The communities found in the study area include , , Muslim, Gawli, , Sutar, and Neobuddhist etc.

Figure 3.1 Figure 3.2

A majority of the owners have education level of SSC and below. Very few are HSC and above. 7 % to 18% owners were uneducated in all districts except Sangli where all were educated. Figure 3.3 Agriculture is the most important occupation in all districts while a small percentage have labour work as their main occupation in Satara and Sindhudurg Districts. Other occupations are government service, private service and business while a few people were retired.

It is well known that large percentage of Figure 3.4 the population from Konkan and Western Maharashtra have migrated to Mumbai. Our survey found that 45 % of the interviewed owners had co- owners/shareholders living out of station with lowest being 29% in Kolhapur and thje highest being 62% in Ratnagiri. In such cases one caretaker family lived in the village to look after the land while other family members lived in out of station. Most of the outstation owners lived in Mumbai while a few lived in Pune and other places. Most of the outstation owners worked as casual labourers and menial jobs indicating that their economic status was below middle class. A small percentage were employed in government and private service or were engaged in business. 32

The economic status of PFOs was rated Figure 3.5 relative to the other households in the village by the interviewer based on the size and condition of their house and visible possessions. By village standards most of the owners had above average and average economic status. A small percentage had below average economic status in Satara, Ratnagiri and Sindhudurg Districts and very few Figure 3.6 could be classified as poor. The main source of income was agriculture in all districts. Other sources of income were business, service, money order from outstation relatives, pension and labour work in Satara and Sindhudurg Districts while some were dependent on their sons. None of the owners mentioned private forest as a source of income. This was possibly because the income from tree cutting of private forests was minor and intermittent. Moreover not all the owners cut trees regularly.

The most important crop in all districts Figure 3.7 was paddy. Other crops grown included cereals, sugarcane, oilseeds, vegetables and fruits. Finger millet, an important crop in shifting cultivation, was cultivated to a small extent in all districts except Ratnagiri. The three Districts in the Deccan side of the Western Ghats had much more variability than the coastal districts. In Ratnagiri only paddy was cultivated Figure 3.8 while in Sindhudurg only paddy and finger millet were cultivated.

All households owned livestock and the average livestock holding ranged from 1.77 to 4.0 per household. The highest livestock holding was in Sangli District and buffalo was an important milch 33 animal. Cows and bullocks were commonly owned in all five districts. Figure 3.9 Goat ownership was common only in Ratnagiri District. Sheep were owned only in Satara, Kolhapur and Ratnagiri District.

3.4 Land Holding and Land Use Private Forests

Private forests are generally shared between many owners. This is because Figure 3.10 during the process of succession the land gets divided between the heirs, generally the sons, but this is not updated in the land records. In a few generations the number of owners increases from one to many. This is especially the case nowadays because many of the heirs reside in Mumbai or other cities so they don’t find the time and inclination to carry out this cumbersome process. The number of owners varied from single to as many as 17 in the villages surveyed. The percentage of lands with only one or few owners is much higher in Satara, Kolhapur and Sangli. The number of owners is higher in Ratnagiri and Sindhudurg.

The average size of total land holding, including agriculture, ranged from 8.88 acres in Sangli to 28.28 acres in Ratnagiri. Since the land is often divided between multiple share holders so the individual share will be much less.

The average area under private forests per land holding ranged from 6 acres in Sangli to 20.9 acres in Ratnagiri. Fallow land was reported only in Ratnagiri and Sindhudurg. If land is left fallow for a long time it gets gradually converted to private forests. Plantations were reported in all districts but the area under plantations was higher in Ratnagiri and Sindhudurg Districts. Plantations consisted generally of cashew, mango, acacia and teak. The percentage of land holding that was under private forests was high in all districts and ranged from 68% to 83% of the total land holding. This reflects the importance of private forests in the overall land use. 34

Another way of looking at the land Figure 3.11 holding pattern is to look at the private forests per shareholder (Figure 3.11). The average private forest per shareholder is highest in Kolhapur and Ratnagiri Districts. Even on a per shareholder basis the average area of private forest is substantial.

In Sindhudurg there is a system of group private forests wherein an entire hamlet of a village or an entire village holds a block of private forest in a group- ownership system. Community forests were found in 5 villages out of the 20 surveyed in Sawantwadi and Dodamarg Talukas. The details as provided by Sarpanchs of respective villages are given in Table 3.2. In some villages such as Verle, Talewadi and Phanaswadi the area under private forests is very large and its conservation importance is tremendous. Earlier these lands were used for shifting cultivation in a practice reminiscent of the Northeast. While the sample size is small it reflects the pattern of community forests.

Table 3.2: Details of Community Forests in Sampled Villages in Sindhudurg District Taluka Village Wadi Area of Community No. of owners Forest (Acres) Sawantwadi Verle - 6000 240 “ Devsu - 750 200 Dodamarg Mangeli Kusgewadi 250 150 “ Deulwadi 2500 52 “ Talewadi 4800 80 “ Phanaswadi 9600 NA “ Hewale - 1500 350 Shivapur - 2000 NA

3.5 Uses of Private Forests Private forests provide a variety of resources and benefits to their owners. Wood extraction, both timber and firewood, was reported as a use by 64 % to 79% of households. Periodic felling for sale of firewood was reported from a minimum of 14% of households in Sindhudurg and a maximum of 41% of households in Kolhapur. Pasture was reported by 85% of households in Sangli and a smaller percentage in Satara and Kolhapur but it was reported by very few households in Sindhudurg and none in Ratnagiri. 35

Extraction of brushwood for rāb was Figure 3.12 reported as a use by 22% of households in Sindhudurg and a small percentage of households in Satara and Kolhapur. Plantation was reported by 36% households in Sindhudurg, 23% households in Kolhapur and 17% households in Ratnagiri. Shifting cultivation was reported by 5% of households only in Sindhudurg. Barren Figure 3.13 unproductive land was reported in 9% households in Satara and 18% households in Kolhapur.

Shifting cultivation was uniformly reported as the former land use of private forests by a majority of households. It was reported by 97% to 100% households in all districts. In very few cases the former land use was Figure 3.14 reported to be agriculture. Shifting cultivation was stopped 18 to 22 years ago in Sindhudurg, Sangli and Ratnagiri districts. It was reported to be stopped 10 to 12 years ago in Satara and Kolhapur Districts. The reason for stopping shifting cultivation was variable. Lack of manpower was a commonly reported reason for stopping shifting cultivation. In other places increase in crop damage to finger millet was reported as a reason for stopping shifting cultivation.

Other sources of fuel were biogas, LPG and kerosene. Own private forest (including community forest) was reported as the source of wood by 91% to 100% of households in all districts. In Sindhudurg District others private forest was also reported as a source of wood while in Kolhapur District government forest was reported as a source of wood. 36

Tree lopping for rāb Brushwood piles for rāb burning

Firewood for household use

Pasture Shifting cultivation, Sindhudurg 37

Figure 3.15 Figure 3.16

Sale of firewood was reported as the Figure 3.17 main purpose for tree cutting by 92% to 100% of the households in Sangli, Satara and Kolhapur. In Ratnagiri it was reported by 50% and in Sindhudurg by 52% of the households. Charcoal making was the other main purpose reported in Ratnagiri and Sindhudurg Districts. Other uses were shifting cultivation, house construction and firewood for self. It must be remembered that in many cases these fellings took place many years ago when the situation was different from today. Especially charcoal making was earlier a common activity in private forests in Ratnagiri and Sindhudurg Districts but it was banned in the year 1985 and does not take place nowadays.

FOs sometimes sold their forests to meet emergency expenses such as wedding, other family function, house construction etc. More often however it was a routine affair, not linked to any emergency expenditure, to obtain some regular income from the forests.

The agency for tree cutting was either Figure 3.18 contractor or self. Tree cutting was carried out through contractors in 79% to 89% of cases in all districts except Sangli where contractor tree cutting was reported by 100% of households. The whole process for felling trees and selling the produce is very complicated (Appendix 3). To begin with permission has to be obtained from the Forest and Revenue Department for which lot of documentation is required followed by inspection visits by officers. After the trees are cut permission is required from the Forest Department for transportation of firewood and timber which is again cumbersome and 38 time consuming (Appendix 3). Therefore the PFO prefers to engage a contractor for the whole operation since it makes his job easier. In the bargain his profit may be lower.

Wood from clear-felled private forest Clear felling in progress

Figure 3.19 Figure 3.20

Clear felling for sale of firewood and timber was an important use of private forests. In Satara District 50% and in Kolhapur District 76% of the forests had been felled less than or equal to five years ago. In Sangli, Ratnagiri and Sindhudurg the percentage of forests with ages less than or equal to five years was between 26% and 37%. In Sindhudurg District the percentage of forests with age of trees more than 20 years was about 41%. The average number of years ago that trees in private forest were felled was much lower in Satara District (7 years) and Kolhapur District (5 years), intermediate in Sangli District (12 years) and highest in Ratnagiri District (18 years) and Sindhudurg District (16 years). It appears that private forests are felled on shorter rotation cycle in Satara and Kolhapur District compared to the other three districts.

Information was obtained from the PFOs on the age of the forest at the last felling occasion in Ratnagiri and Sindhudurg Districts. The average age of the trees at time of cutting was 25 years in Ratnagiri and 21 years in Sindhudurg (i.e. 25 and 21 years growth respectively). This was the situation at the last felling, which took place about 18 and 16 years ago on an average, in these districts. 39

Figure 3.21 Figure 3.22

Figure 3.23 Figure 3.24

The average values of Table 3.3: Average Age Parameters Related to Tree Felling these parameters related District Age at last Avg. Years Avg. Current to felling age are felling (yrs) Since Last Felling Age summarized in Table 3.3. In Felling (yrs) (yrs) Ratnagiri and Sindhudurg Satara - 7.5 - Districts the age of the Kolhapur - 4.6 - trees at felling appears to Sangli - 12.9 - be decreasing. This poses a Ratnagiri 25.5 18.5 7.6 threat to conservation of Sindhudurg 21.3 12.5 14.0 private forests. It is quite likely that the situation in other three districts is similar.

The returns from sale of tree felling on private forests depends, among other things, on the area of the plot and the age of the trees at harvesting. The returns from sale of the harvested produce from private forests at the last harvest ranged from Rs. 200 in Satara to Rs. 1 lakh in Sindhudurg District (Figure 3.22). Only in one case of one village, where there was community forest, the value of the sale of wood from harvest of 3000 acres forest was Rs.10 lakh. Normalising for area of the plot the value of the returns ranges from Rs.20/acre in Satara /district to Rs. 13333/acre1 in Sangli. Figure 3.23 shows the pattern of per acre monetary returns from private forests. A majority of owners earn per

1 This is an unsually high return and other values are much lower. 40 acre profits less than Rs. 500 in Satara, Kolhapur and Sangli. Very few owners earn per acre profits more than Rs. 500. In Ratnagiri and Sindhudurg the percentage of owners obtaining per acre profit more than Rs. 500 is higher. In Sindhudurg the percentage of owners earning profit more than Rs. 2000/Acre is 33% indicating the profitability is higher. The reason may be that more mature forest is being felled yielding higher quantity of produce. The per acre monetary returns is lowest in Kolhapur though the absolute returns is second highest as seen in Table 3.4. The reason is that the area of private forests felled is higher in Kolhapur. Therefore the returns turns out to be lower on a per acre basis. It is seen that the per acre monetary returns are very low in all districts.

The returns per acre divided by the age of the forest gives the annualised returns from the forest on a per acre basis. The annualised returns per acre range from Rs. 2.7/acre/yr to Rs.285/acre/yr (Figure 3.24). This indicates the extremely low returns that PFOs are getting from their lands by clear-felling. Even then they carry out regular clear-felling and sale because they do not know a better option.

Table 3.4: Average Monetary Returns from Harvesting of Private Forests District Average Monetary Average Per Acre Average Annualised Per Returns (Rs.) Monetary Returns Acre Monetary Returns (Rs./Acre) (Rs./Acre/Yr) Satara 8,652 753 - Kolhapur 13,128 1349 - Sangli 6,971 2107 - Ratnagiri 3,690 758 53 Sindhudurg 30,142 1874 109 Table 3.4 gives the average returns from harvesting of private forests for all districts. The average returns for Sangli are biased because of one very high value. Otherwise the average returns are highest for Sindhudurg District. This is probably because the age of forests felled are highest in Sindhudurg. Throughout this discussion it must be kept in mind that the information pertains to the last felling of trees that was carried out which was an average of 5 to 18 years back (Table 3.3). The present value of the wood is likely to be much higher because of the substantial increase in price of wood.

Figure 3.25 Figure 3.26

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The average returns per Table3.5: Comparison of Income from Plots Felled by acre for plots felled by Contractor and Self contractor and plots felled District Monetary Returns (Rs./Acre) by self are compared in Plots felled by Plots felled by Self Table 3.5. The income Contractor from plots felled by self is Satara 501 967 higher in Satara and Kolhapur 1349 NA Ratnagiri compared to Sangli 2108 NA plots felled by contractor. Ratnagiri 626 1027 This indicates that it is Sindhudurg 1874 NA monetarily advantageous for the owner to carry out tree felling himself. However in practice the owner may spend lot of time and resources to get permission for tree felling, transportation, etc. It is generally simpler and advantageous for the owner to contract this out to the contractor.

3.6 Attitudes towards Private Forests and Interest in Conservation An attempt was made to understand the PFO’s attitude towards private forests and their willingness to participate in conservation projects. By and large the owners wanted to put their lands to productive use and gain monetary returns from their lands. The whole object of clear-felling and sale of the harvested wood was to earn income from private forests. In many areas the owners of private forests consider it as a unproductive resource and would rather sell it for a good price. In Ratnagiri and Satara businessmen were purchasing land on a large scale for investment and business ventures such as farm houses and resorts. In Sindhudurg businessmen from Kerala were purchasing land and converting it to rubber, coconut, betelnut, banana and pineapple plantations.

Acacia plantation Teak plantation in Sindhudurg District

PFOs were asked about their interest in participating in conservation projects. Most of them were unable to understand the concept and interpreted it as carrying out plantations. 97% to 100% of owners in Satara, Sangli and Kolhapur expressed interest in 42 carrying out plantations on their land. In Ratnagiri and Sindhudurg 60% and 58% of the owners respectively were interested in tree plantation projects. In these two districts the respondents often stated that they needed more time to think about such projects and consult their shareholders and other villagers before taking a decision.

Various constraints were stated as the reason for not taking up plantation projects. Lack of knowledge about the subject was stated as the principal reason for not taking up such projects in all districts while lack of finance was stated as a constraint by a large number of people in Sindhudurg District. Other constraints stated were outstation status, lack of manpower and lack of time. In case they were to take up plantations the owners said they would need support in various ways. 46% to 100% of the owners in all districts stated that they would need technical inputs such as technical information, training and demonstration visits. Subsidy in the form of low cost seedling, free seedlings and labour cost was also requested by 40% to 100% of the owners in all districts. Some of the owners wanted the entire cost of the project to be borne by an external agency, including a few who wanted the entire plantation to be done for them. The district-wise percentage of this category ranged from 12% to 31% respectively.

Various problems were stated for carrying out plantations on private forests. These were categorized as Natural, Practical, Legal, Social and Economic. These are described in Figures 3.27 to 3.30.

Strong wind and heavy rain was a frequently quoted problem in the districts on Deccan side but it was rarely mentioned in the coastal districts. Lack of irrigation was stated as problem in all districts while damage by wild animals was quoted in Sangli and coastal districts.

Figure 3.27 Figure 3.28

Lack of manpower was stated as a common problem in Satara, Kolhapur and the coastal districts. In Ratnagiri and Sindhudurg people had difficulty managing their lands because they were very far. Some owners thought they would have to cut existing trees to plant new trees while others thought that the existing vegetation would hamper growth of trees. Lack of ownership was mentioned in two villages where all the land is 43 owned by a landlord. In Sangli people were worried that their village would be relocated.

Figure 3.29 Figure 3.30

Difficulty in getting permission for tree cutting in Deccan districts was mentioned as a problem because of which the venture was fraught with difficulties. Vansaudnya, i.e. land being recorded as forest, created several difficulties for the owners because several restrictions came into place because of this.

Forest fire was mentioned as a common social problem in Sangli and less frequently in Satara and Kolhapur. Illicit tree cutting was a problem in some villages in Ratnagiri and Sindhudurg Districts.

In many villages surveyed villagers had been cheated by businessmen with plantation projects. In village Nechal in Patan Taluka a company had approached them with a proposal for plantation of Jatropha with a buy-back promise. The seedlings were provided by the company. The owners invested labour and time in plantation of the seedlings. Later the company representatives never came back and the investment of the people was wasted. Similar story were told in another village in Patan Taluka. The people of this village were furious with outsiders and refused to participate in our survey. Figure 3.31 In Kolhapur District the Dandeli Paper Mill approached PFOs and made agreement with the owners to take the land on lease for eucalyptus plantation. The land was leased for 5 years. Leveling and plantation of seedlings was done by the company. At the end of the lease period the plantation would be harvested and farmers would be paid at the rate of Rs. 800 per ton of wood. The planted seedlings are growing well and farmers are satisfied with the arrangement. However this poses a danger to private forests. 44

In case the owners were to participate in a program for tree plantation or conservation of private forests the inputs needed were in two main categories, technical and financial. Under technical inputs people needed training and guidance for tree plantation and related activities. Under financial inputs a majority of the owners said they wanted partial subsidy for the activities but a few said that they would expect a completed subsidy for all expenses.

One fear that was voiced by some PFOs was that growth of forests would give a forest- like appearance to the land. This would then render it likely for inclusion in the identified forest list or some other government list or possibly be acquired by the government. Therefore they preferred to fell the trees and keep the land free of forest growth so at least their land was safe from the government.

PFOs often did not have a clear long term plan for their private forests. However some of their were seriously considering sale of their land. Inclination to sell the land was highest in Ratnagiri District. Some PFOs in Satara district were also inclined to sell their land. The demand for land in Satara District was due to sudden spurt in construction of windmills. Private forests in several villages such as Vankusawde, Gojegaon, Ghanbi, Thoseghar in Patan, Satara and Jawli Taluka were largely sold to windmill companies. Another source of demand was because of proposal for establishing a new tourist centre called New Mahabaleshwar near Koyna. However several of them were interested in starting simple enterprises on their land such as horticulture that would yield them some profit. During our survey many PFOs expressed considerable interest in taking up forestry as a land use provided it would yield them some income.

3.7 Assessment of Status of Private Forests Field assessment was made of the status of private forests wherever possible. Various parameters such as topography, location, vegetation density and erosion were assessed. Assessment was carried out visually and subjectively by the field researcher. However in a majority of cases it was not possible to visit the sites because the sites were too far away and required a walk of several hours each. In such cases the assessment was carried out based on the owners feedback. The data presented is a mix of field assessment by the researcher and owner’s feedback of his own private forest.

Private forests were located on various topographies ranging from plain to very steep. The percentage of private forests on very steep topography was negligible. A majority of the private forests was on moderately sloping land in all districts. Most private forests were found on hill sides. A fairly large percentage was also found on plateaus and hill tops. Very few were found in valleys. This is as per expectation since private forests are mostly found on non-culturable land of the type found on hill sides. Fertile land found in valleys is generally under agriculture, mostly paddy. However, because of the lack of manpower in recent years some of the agriculture land was lying fallow and a 45 few of the owners were toying with plantation projects. There is a possibility that some of these lands may get converted to private forests in course of time if left undisturbed.

Figure 3.32 Figure 3.33

The vegetation on private forests ranged Figure 3.34 from barren to dense vegetation. There was a marked difference in status between the districts on the Deccan side and the coastal districts. The vegetation in Satara, Sangli and Kolhapur Districts consisted mostly of barren land, grassland and scrub. Woodland occurred to some extent in Satara and Kolhapur

Districts while open forest occurred in Figure 3.35 Satara. The extent of forest was much higher in the coastal districts. In Ratnagiri the vegetation on most of the lands ranged from open forest to dense forest totaling 97% of the sites asessed. In Sindhudurg the percentage of private forests under open forest was 62% of the sites assessed. Soil erosion was observed on almost all the sites assessed including gully formation and sheet erosion. Signs of sheet erosion were observed on 59% of the sites assessed in Satara to 100% in Sangli and Kolhapur. Gully formation was observed in 10% of sites assessed in Satara to 34% of sites in Ratnagiri.

3.8 Threats to Private Forests Sale of land was a major threat to private forests. As observed above land sale was common in Ratnagiri and Sindhudurg Districts. Land was being converted to construction, development of resorts, approach roads. Such developments were 46 common near hill stations such as Amba, Amboli and Mahabaleshwar. However they also occurred all over in the study area, especially near urban centres such as Satara and Kolhapur.

Some development takes place because of extension of existing houses and construction of new houses by the local residents due to increase in population and recently acquired wealth of the people. Roads have been created to most villages and hamlets. However improvement and widening of these roads goes on as well as construction of new roads and approach roads. Major development takes place for purposes such as farm house, hotels, resorts, restaurants, shops and township projects such as and Amby Valley. Windmill projects are a major threat to private forests (Karandikar and Ghate, 2011).

Windmills Road construction and farm house plots

Eucalyptus plantations in Chandgad taluka Conversion to rubber plantations

Sometimes private forests are converted to agriculture and horticulture projects such as mango and cashew. The Horticulture Department provides considerable encouragement to horticultural activities including subsidies and technical support.

Sale of land is taking place on a large scale and is a major threat to private forests. Urgent steps need to be taken to prevent large scale sale of private forests.

47

References Manasi Karandikar, Ketaki Ghate and Kojagiri Gurjar, 2011. Sahyadri - ‘western ghats’: An overview of private ownership, commercial development and its impact on ecosystem. Commissioned paper submitted to Western Ghats Ecology Expert Panel established by Ministry of Environment and Forests, Government of India.

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Chapter 4 Survey of Acquired Private Forest and Identified Private Forest

By Jayant Kulkarni and Prachi Mehta

4.1 Survey for Assessing Status of Acquired Private Forests Data was requested from Forest Department in all districts on Acquired Private Forests. Data was not easily available because records were not well maintained. There was confusion regarding the survey numbers of acquired private forests. We located a few acquired private forests in each district and visited them to assess their status. The details of the villages sampled are given in Table 4.1.

Table 4.1: Villages Sampled for Assessing Status of Acquired Private Forests District Taluka Village Area Acquired (ha) Sangli Shirala Yelapur (Gavliwadi) 300 Shirala Mangle 58.26 Shirala Kokrud NA Kolhapur Shahuwadi Uttur NA Shahuwadi Shittur 870.81 Shahuwadi Khede 114 Gaganbawda Shenawde 15 Sindhdurg Dodamarg Ker 1500 Kankavli Kusende 310

Sangli District In Kokrud Village private land was leased by the land owner to the Forest Department for a long time. The same land was acquired by the Forest Department in 1975.

In Mangle Village 58.26 ha private land was acquired by the Forest Department in 1976. The land is on hillside and hilltop with gentle to medium slope. The land was being used as pasture when it was acquired. The soil is shallow and eroded. Plantation was carried out on this land in 2009 by the Forest Department consisting of Teak, Umbar, Silk Cotton, Gmelina, Mango, Gulmohur, Acrocarpus, Rosewood, Peepul, Neem, Aonla, and Peltoforum. The total number of seedlings planted is 14000. People are allowed to extract grass. The land is now declared as reserved forest.

In Yelapur village 300 ha land was acquired in 1976 because of lack of trees (low density). The land is has gentle to medium slope. The land was being used by pasture and this land use continues till date so the change of ownership has not affected the 49 villagers much. At present the soil is eroded and the vegetation is a mix of open forest and grassland. No plantation has been carried out by the Forest Department so far.

Kolhapur District In Shittur Village 870.81 ha private forest was acquired. The land is on hill slope and plateau. The vegetation earlier was grassland and the same continues to this day and is being used as pasture. The Forest Department has not yet done any activity on this land.

In Khede Village 114 has land was acquired in 1976. The land is located on hilly terrain in valley, hillside and hilltop. The vegetation earlier was mix of medium density forest and grassland. In one survey number plantation was been carried out in 2006 consisting of Aonla, Jamun, Gliricidia, Babul, Casuarina, Karanj, Silver Oak, Shikekai, Bamboo, Rosewood seedlings. The other survey number remains scrubby. It is not yet declared reserved forest.

15 ha private forest has been acquired in Shenavde Village in Gaganbawda Taluka in 1976-77. The land is located on a plateau and has plain topography. The present vegetation is type is open forest with Acacia plantation.

In Chandgad Taluka the Acquired Private Forest has been returned to the owners so there is no acquired private forest.

Sindhudurg District About 1500 ha land was acquired in Ker Village in 1975. No compensation was given. The land is located on hillside and hilltop and slope is medium. Earlier the vegetation was medium density forest. At present the vegetations is dense forest. The land is not yet declared as reserved forest.

In Village Kusende 310 ha land was acquired in 1976. No compensation was given. The land has gentle to medium slope and is located on hillside and hilltop. The vegetation type was open forest and land use was finger millet cultivation till 10 years ago. Today the vegetation is open forest. No activity has been done by the Forest Department on this land.

Problems in Implementation of PFAA Some of the problems of implementation of PFAA came to light through discussion with people as well as forest officers. Generally the survey numbers were in name of the elder brother. Because of this the land holding appeared to be more than 12 ha but land actually belonging to each individual was less than 12 ha. Hence several survey numbers were unfairly acquired by the government. Poor state of land records was often stated to be a problem in implementation of PFAA. In Sindhudurg District where community forests are found there were problems about interpretation of PFAA because the area of the community forest was often quite substantial but it was divided among all the 50 members of the village or hamlet, whose number was also quite substantial. This issue was not addressed in the PFAA. While returning private forests under PFAA, in case where the land was acquired was more than 12 ha there was always a question about which patch of the land was to be retained and which was to be returned. There were no government guidelines in this regard (Madhav Gogate, former PCCF (Wildlife), pers. com.).

Discussion Since the events took place many 35 years back in some cases the information was slightly incomplete. In spite of this the major facts were fairly clear. In many cases the owners were not given any notices before their land was acquired. The acquisition was carried out in 1975 and 1976 on the basis of notices given in 1950s. When implementing the act it was necessary for the government to have given notices again but this has not been followed. Most people claimed that compensation had not been given while in some cases they did not know if compensation was given or not because the events are quite old. In many cases the land use and vegetation still remained the same because the Forest Department had not done plantation or made much effort for its protection. In such cases the owners were also not much affected because their traditional land use continued impeded.

In a few cases plantation had been carried out. Only in one case the plantations were old. In most cases that plantations are just 2 to 5 years old. Therefore there was no noteworthy change in vegetation in many cases. Village Ker in Sindhudurg District was the only village where the forest was fairly dense and showed improvement after acquisition of the private forest. In summary one can say that the intention of the PFAA has, to a large extent, not been fulfilled by acquisition of private forests.

Status of acquired private forest in Mangle Village Plantation on acquired forest in with plantation of banyan and other species Khede Village

4.2 Problems in Identification of Forests Identification of forests outside government forests was started in 1996 after the Supreme Court order of 12/12/96 in the Godavarman Case (WP 202/95). This is locally named as putting the land under Vansoudnya, i.e. naming it as forest. At that time 51

42,000 ha land was identified in Sindhudurg District without much verification. Most of these lands were the same that had been restored to their owners under Section 22(A) of the PFAA. Later there was a hue and cry over this so the area of identified forest was reduced to the present area.

According to Forest Conservation Act finger millet cultivation was considered a non forest land use and was therefore banned after listing of identified forests in 1996. In 2006 after implementation Forest Rights Act, 2006 these lands were considered as there private land and finger millet cultivation was again permitted (Kadam, Range Forest Officer, Dodamarg).

4.3 Survey of Identified Private Forest The background and meaning of identified private forests is discussed in Chapter 1. Since identified private forests attract the provisions of the Forest (Conservation) Act any kind of developmental projects on such lands also need the permission of the Central Government. A survey of identified private forests was proposed in all districts but we found identified forests only in Sindhudurg District. Only in Sindhudurg District people were aware of the issue of identified private forests (vansoudnya) because this provision was being implemented in the district. Only in Sindhudurg an area of 453.86 ha and in Kolhapur an area of 22.88 ha has been identified as identified private forests (Table 1.2). In other districts they had no knowledge of this provision. Hence the questionnaire survey of vansoudnya was only carried out in Sindhudurg District. The list of sampled villages is given in Table 4.2. A list of identified private forests was obtained from Forest Department. On the basis of this list interviews were carried out of the land owners in Sindhudurg District on whose lands vansoudnya had been applied as per Forest Department records.

Table 4.2: Villages Sampled for Assessment of Identified Private Forests District Taluka Village Kolhapur Gaganbawda Sheloshi Sindhudurg Dodamarg Kendre Kh., Ghatiwde Zare Bamber , Ker Sindhudurg Sawantwadi Shirshinge (Deulwadi, Rairewadi), Sarmale Sindhudurg Kankavli Nardave, Pise Kamte Sindhudurg Kudal Sonawde (Durgwadi) The total number of persons surveyed was 12. The results of the survey are given in Table 4.3. The owners were generally aware of vansoudnya status of their lands. They had come to know of vansoudnya status on their own without being informed by the government. In some cases they came to know when they made an application for cutting trees and were refused permission. At other times they found out when they tried to sell their land and were refused permission by the Revenue officers. The results show that the identification was implemented in an arbitrary manner without informing people and without giving them an opportunity of being heard. The people are 52 generally unaware about the criteria for identification of private forests. In many cases they are not aware about its implications.

The most common impact experienced by them is a ban on tree felling. According to the Supreme Court ruling tree felling is not permitted unless there is a valid management plan. However neither the people nor the government officers know about the need for a management plan. All that the people know is that tree felling is banned. They have not been educated about preparation of management plans. In many cases it is impractical for a single small land owner to prepare a management plan. These issues need to be sorted out.

People of Shirsinge village reported that they had no knowledge about their lands being included in identified private forests. At that time a dam was under construction on private land in the village. The Forest Department stopped work on the dam because vansoudnya attracted provisions of the Forest Conservation Act. That is when the people came to know that their lands were included in identified private forest. In this village agriculture fields, gram panchayat offices, houses, village temple etc. all are included in identified private forest. People are affected because finger millet cultivation has been stopped. People in many villages complained about problems caused due to ban on tree felling. They mentioned that influential persons were allowed to do tree cutting but the common man suffered. In Nardave village there was an example of an electricity project under construction on land included in identified private forest. In Durgwadi hamlet of Village Sonawde people complained that their land was acquired for a dam project. Firstly, dam construction should not have been allowed on identified private forest. Secondly they claimed that they were not given compensation for the land because it was identified private forest.

Table 4.3: Results of Questionnaire Survey of Vansoudnya (Identified Pvt. Forests) Sr.No. Question Response No. 1 Do you know about vansoudnya on Yes 11 private lands? No 1 2 Which Department implements Forest Department 1 vansoundya? Revenue Depaartment 5 Don’t know 6

3 In which year was vansoudnya status 1996 2 applied to your land? 1995 1 Don’t know 8 4 What criteria were applied for applying Don’t know 12 vansoundya? 5 Did you get notice about application of No 8 vansoundya to your lands? Don’t know 4 6 Was a site Inspection carried out? No 8 Don’t know 4

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Sr.No. Question Response No. 7 Were you Informed about application No 8 of vansoundya to your land? Don’t know 4 8 Is vansoundya status recorded on your Yes 1 7/12 record? No 7 Don’t know 4 9 Do you know reason for applying Don’t know 12 vansoudnya to your land? 10 Are you facing any problems because Ban on tree cutting 6 of vansoudnya status of your land? Don’t know 6 11 Do you have any suggestions about Vansoudnya should be 3 vansoudnya process? abolished No 9

4.4 Discussion The process of identification of government forests was started following the Supreme Court order to the State Governments to identify all forests that comply with dictionary meaning of forests. The process was to be carried out by a district level committee set up by the State government. It was not clear whether such committees were formed or not in the districts in the study area. In practice the identification of the forests was done mainly by the Forest Department in consultation with the Revenue Department.

In order to arrive at the identified forest in private ownership the government relied initially on the list of lands that had been restored to the owners under the Private Forest Conservation Act. The identification process also included government lands. Subsequently due to various reasons the private land was deleted in all districts except in Sindhudurg. Land that was planted by Social Forestry Department and Soil Conservation Department was removed from the list. Some land was already found to belong to the Forest Department. In the final assessment identified private forest was only informed to the Supreme Court in Sindhdurg and Kolahpur Districts from the study area of five districts.

The criteria for identification of forest in Maharashtra State are not known. In 1997 the Madhya Pradesh Government established criteria that the land would have to consist of at least 200 trees/ha and should have an extent of at least 10 ha to qualify as forest. The forest need not be under single ownership but may be several individual plots contiguous to one another so their total extent is 10 ha or more. Secondly wastelands have the potential to be brought under forest cover provided adequate protection is given and rehabilitation is carried out. Therefore this criterion for excluding land less than 200 trees/ha needs to be reconsidered.

The intention of the Supreme Court behind passing orders for identification of forest was to prevent disforestation of forests outside the government forests vested with the 54

Forest Department. The present process will not achieve this objective because the identification process has identified identified private forest only on 4.77 sq.km. in the study area whereas the extent of forest is estimated in Chapter 2 of this report as 12043 sq.km. of which 6020 sq.km. is under tree cover. The identification process has also been arbitrary and without verification of the situation of the ground. Because of this there are cases where agricultural land, residential areas and construction have been included in identified private forest.

It was stated in Chapter 3 that large areas of land are being purchased in Dodamarg and Sawantwadi Taluka by businessmen from Kerala and converted to various types of plantations. Being a non-forest it would be illegal under the Supreme Court order in the Godavarman Case and would be a basis for conservation of private forests. However, since the identification process is grossly incomplete this is not possible and conversion of these forests to non-forest uses is taking place on a large scale.

The second issue with respect to the identification process under the Supreme Court order is the action to be taken on identified private forests. The present practice of preventing felling of trees is only putting the people to hardships and antagonizing them. It may have the opposite effect where people secretly cut their forest to prevent it from inclusion under identified private forests or any type of official forest list. The Supreme Court Order considers tree felling as a non-forest use. However tree felling and utilization of timber, wood and other forest produce is an athe ccepted use of forests and forms the basis of the science of forestry. One of the Forest Department’s main objectives is production of timber and wood. If forestry activities of the Forest Department do not invite the description “non-forest activity” then there is no reason why the same activity in private forests should be termed as non-forest. It may however be advisable to regulate these activities by permitting them on the basis of approved management plans.

An argument may be made that application of Forest Conservation Act will put the private forest owners to unnecessary hardship. However the author feels that the Forest Conservation Act need not be applied to small household construction and other personal use of private forests. It should be applied only to commercial projects such as farm houses, resorts, wind mills etc. The rules for this can be framed so that permission for smaller projects may be given at the state level while for larger projects it can be decided at the central level.

In summary the following points emerge:

 The process of identification of private forests in the study area has been highly arbitrary and is grossly incomplete. The process of identification of forests outside government forests should be carried to its logical conclusion and the 55

extent of forests so that the identified should more or less match the estimates made in this study.  Identification of private forests will be a potent tool to limit their diversion to non-forest uses. Rules should be framed so that the Forest Conservation Act is only applied to commercial projects and not to activities done for personal use of the owner.  Owners of these identified forests are at present put to hardships (punished) for owning these forests. They have therefore no incentive to protect and conserve these forests. This is part of an unfair tradition that started with the Land Revenue Code; the Private Tree Felling Act, 1964 and was taken to its extreme by the PFAA. It is now being continued through the policies being followed regarding identified private forests.  A more enabling policy is needed wherein people are benefited and rewarded for protecting their private forests. Only such a policy will help to protect private forests, whether or not it is included under Identified Private Forests. The components of such as policy is discussed in Chapter 10.

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Chapter 5 Vegetation Study of Private Forests in Koyna-Chandoli Corridor

By Rahul Mungikar and Jayant Kulkarni

5.1 Introduction Chandoli and Koyna are the two important protected areas in the northern Western Ghats of India. Recently, a Sahyadri Tiger Reserved has been declared by proposing the linking of both these sanctuaries. In the present situation, a small corridor is present in between these two sanctuaries of an approximate distance of 12 km (North to South). It is an important corridor for movement of megafauna such as tiger, leopard, wild dog, gaur and sambar. The corridor area sustains private as well as dense reserved forest. The area of private forest is about 43% of the area while government forests form about 47% of the area, together constituting about 90% of the geographical area. For this reason this area was identified as a priority area forconservation of private forests.

Considering the importance of this corridor region a pilot project for conservation of private forests will be very beneficial. Such a project will help to improve the connectivity between these protected areas. It will also be a very effective demonstration project for other practitioners interested in conservation of their private forests. With this intention a rapid assessment of the private and government forests in the region by carrying out a rapid survey. The objective of this rapid assessment was:

 To study the community structure of private and government forests and identify differences between them  To identify management practices and their impacts in private forests to plan for better management  To identify plant species of economic value to aid in planning for a forest-based economic system

5.2 The study area The study area is located between Koyna Sanctuary and , roughly to the southwest of Koyna Dam (Figure 5.1). The study area is located at an altitude between 600 and 900 m. The -Chiplun highway passes through this region. There are several villages in this region including Humbrali, Deshmukhwadi, Torne, Gokul, Helwak, Bopoli, Shiwandeshwar, Ghatmatha, Nechal, Dhankal, Kemse, Mendheghar, Kondhavle, Kadoli, Goware, Waghane, Patharpunj, Male, Kolne and Nav. 57

Figure 5.1: Koyna-Chandoli Corridor Region

Legend

Protected Area

Reserved Forest

Revenue Area

Paddy is the main agricultural crop. Other crops are finger millet, groundnut, jowar, wheat, sugarcane, gram and vegetables. Finger millet is generally cultivated through shifting cultivation. The main communities living in this region are Maratha, Neobuddhist, Dhangar, Sutar, Gurav and Muslim. Agriculture is the main occupation followed by labour work. Animal husbandry is a secondary occupation and cow, bullock and buffalo are the main livestock animals.

Villagers are at present generating income by selling standing vegetation on their private forests after every 6 to 8 years to local wood contractors. Market rate depends upon the age of the plants, and height of the forest, which determine wood production. The old practice of shifting cultivation has been stopped and now very few villagers are taking crops like finger millet and varai on the hill slope areas after clearing their private forests. In this changed scenario, other farmers are using private forest areas for foraging their cattle after clearing the private forests. In subsequent years villagers keep collecting fuelwood from newly developed shrubs and trees. Villagers are aware about the fact that lopping from the bottom of the branches produces many new branches. Hence while collecting fuelwood villagers always cut the trees or shrubs very close to the ground to get more branches in subsequent years. Although such branches are with low DBH size but their numbers per tree is high.

Thus the entire practice of generation income from private forest is converting forest type to scrub vegetation and destroying natural ecosystem in the corridor area. The 58 difference between the natural forest ecosystem and degraded private forest ecosystem can be clearly marked in study area.

The existing status of the forest in this area is not smilar in all the parts of corridor. The local communities are not dependent on reserved forests but they depend on their private forests for firewood. They regularly lop the plants from their private forest areas for firewood sale and also for their personal use. Rāb is a common practice for paddy cultivation wherein brushwood and branches are burnt on the paddy fields for rice seedling nursery. Heavy lopping pressure on the private forests in corridor area creates a negative impact on the ecosystem. Conservation of private forests for sustainable development of the villagers and also for the wildlife protection is an urgent need in this corridor.

5.3 Methodology A quadrat method (Ravindranath et al. 1992) was used to study the community structure in reserved and private forests. Quadrats were laid by using stratified random sampling. At the outset a reconnaissance tour was carried out of the study area. Based on the reconnaissance tour six strata were defined for sampling purpose based on vegetation density and slope. Thes strata were (i) Dense Reserved Forest Vegetation assessment on Plain (DRFP), (ii) Dense Reserved Forest on Slope (DRFS), (iii) Dense Private Forest on Plain (DPFP), (iv) Dense Private Forest on Slope (DPFS), (v) Degraded Private Forest on Plain (DgPFP), (vi) Degraded Private Forest on Slope (DgPFS). In each stratum 8 quadrats of 10m x 10m size were laid for tree sampling. For shrubs and herbs nested quadrat procedure was used in which two quadrats of 5m x 5m size were laid for shrubs and 4 quadrats of 1m x 1m size were laid for herbs in each main tree quadrat. The sampling was carried out in a belt of 10 km (East-West) x 5 km (North-South). 59

Dense reserved forest Degraded private forest

In case of many species profuse coppices are produced from the stem when trees are cut. The number of stems below DBH is an indicator of tree cutting intensity. Incidence of coppicing is low in undisturbed forests where incidence of tree cutting is low.

The vegetation data was recorded with reference to following parameters in each quadrat.

 Location, altitude and general description of sampling plot  DBH (>10 cm) and Height of trees  Number of individuals of each species  Number of branches present below DBH in each tree (to measure the number of coppices, which are an indication of lopping pressure)  Number of lopped branches of each tree species and number of diseased, cut trees  Canopy cover and Vertical profile of the forest  Slope, soil type and soil depth of the sample plot  Regeneration status of trees in each plot  Forest age and average height of the forest  Density of shrubby vegetation patches and penetrability  General list of all plant species

A general list of all plant species was also prepared from all areas of private and reserved forests. Plants species were identified with the help of local floras.

5.4 Data Analysis Ecological data collected for all the six strata was analysed in MS-Excel by using various standard formulae. Formulae used in calculation are given below:

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Species frequency, density and abundance (for quadrat sampling)

Frequency (%) = x 100 Total number of quadrats studied

Density =

Abundance =

Basal Area

Important Value Index (IVI)

Parameters such as average DBH, average height of each forest type, total lopped and diseased trees was calculated separately based on the observation taken for the respective parameters

5.5 General Observations The observations were recorded Table 5.1: Taxonomical classification of the vegetation in six habitats and a complete Plant Groups Families Genera Species list of species was prepared. In Polypetalae 29 83 102 all, 313 species were recorded Gamopetalae & 42 124 157 on the field of which 10 species Apetalae remained unidentified. The Monocot 10 32 39 vegetation community Gymnosperms 1 1 1 structure was dominated with Gamopetalae-Apetalae group Pteridophytes 1 4 4 with 157 species from 124 Total 83 244 303 genera and 42 families. Table 5.2: Habit based vegetation analysis Polypetalae was represented by Habit Families Genera Species 102 species from 83 genera and 29 families (Table 5.1). Trees 39 79 98 The habit based vegetation Shrubs 29 54 59 analysis showed that Liana 14 19 18 vegetation community was Herbs 29 76 92 dominated with the tree species Climber 20 20 36 followed by herbs and shrubs Total 303 (Table 5.2). 61

The maximum tree diversity was noted in Dense Reserved Forest areas whereas shrub and herb diversity was more in degraded private forests. The overall canopy cover in Reserved Forest was 100% and that of in private forest areas was 0-60% only. Thickets were dominant and well developed in private forests which turned the vegetation impenetrable. The key species in Reserved Forests and Private Forests were identified on the basis of Important Value Index (IVI). It was noted that the species with high IVI are different in Reserved and Private Forests. The Reserved Forests were facing very less lopping pressure as compared to that of the private forests. Hence number of stems developed per tree below the DBH (Diameter at Breast Height) level was more in Private Forests but the average DBH was less than that of the Reserved Forest. Shrub diversity was low in dense Reserved and Private Forests but was high and dominant in degraded forests. It was also noticed that the shrub species composition in dense and degraded forest was different. Herbaceous ground flora was almost absent in dense forest having 100% canopy cover. Tree species regeneration data collected from all 6 types of forests indicate that Reserved Forest have high diversity in regenerating species but the average density of regenerating trees are low whereas the regenerating species diversity is low in private forest areas but they were with high density. Some medicinally and economically important herbs were noted from degraded forest areas. The average height of the forest in all six indicates that Dense Reserved Forest has height up to 14-15 m with lower height in Private forest areas.

The tree species were classified as falling mainly in reserved forest, mainly in private forest or in both land types. The IVI of the tree species was determined using appropriate formulae. The species with IVI falling in top 25% percentile are shown in bold lettering.

Trees found mainly in Reserved forest Kharwat, Aglaia lawii, Mangifera indica, Antidesma acidum, Syzygium phillyraeoides, Terminalia elliptica, Mallotus philippinensis, Litsea deccanensis, Garcinia talbotii, Holigarna grahamii, Scutia myrtina, Psychotria truncata, Atalantia monosperma, Celtis tetrandra, Callicarpa tomentosa, Blachia denudate, Diospyros Montana, Schleichera oleosa, Allophylus serratus, Syzygium caryophyllatum, Myristica malabarica, Dysoxylum binectariferum, Lepisanthes tetraphylla, Ventilago maderaspatana, Maytenus rothiana

Trees found mainly in Private Forests Catunregam spinosa, Bridelia retusa, Gnidia glauca, Glochidion ellipticum, Wenlandia heynei, Leea indica, Melicope lunuankenda, Xantolis tomentosa, Actinodaphne augustifolia, Allophylus cobbe, Grewia tilaefolia, Murraya koenigii, Meyna laxiflora, Zizyphus rugosa, Bridelia squamosa, Albizzia chinensis, Erythrina variegata, Terminalia chebula, Lagerstroemia microcarpa, Tabernaemontana alternifolia, Atalantia racemosa, Osyris quadripartite, Flacourtia latifolia, 62

Nothapodytes nimmoniana, Securinega leucopyrus, Memecylon talbotianum, Elaegnus conferta, Woodfordia fruticosa, Grewia serrulata.

Trees found in both types of forests Memecylon umbellatum, Olea dioica, Syzygium cumini, Ixora brachiata, Ficus racemosa, Macaranga pultata, Symplocos racemosa, Grewia nervosa,

5.6 Comparison between Forest Types The different forest types have been compared for the parameters: tree density, tree height, GBH and lopping pressure in Table 5.3. Average GBH was higher in reserved forests and lower in private forests indicating the low age of private forests because of repeated cutting. In category of Degraded Private Forests on Plains there were no trees with measurable GBH. The average age of this forest type was 4 years. Simultaneously average height is also higher in reserved forest and lower in all categories of private forest, again indicating lower age in private forests. Averge number of stems, is higher in all private forests compared to reserved forests indicating again higher tree cutting intensity in private forests.

Table 5.3: Comparison of Parameters between Different Forest Types Forest Type Avg. GBH (SE) Avg. Tree Height (SE) Avg. Stems/ tree (SE) metres metres Dense RF on plains 0.43 (0.07) 6.17 (0.27) 1.56 (0.078) Dense RF on plope 0.46 (0.042) 5.90 (0.70) 1.25 (0.146) Dense PF on plains 0.16 (0.005) 3.57 (0.07) 3.08 (0.392) Dense PF on slope 0.17 (0.005) 3.14 (0.17) 3.08 (0.338) Deg. PF on plains - - 7.4 (1.484) Deg. PF on slopes 0.11 (0.017) 1.83 (0.10) 6.6 (0.625)

This study indicates that there is heavy pressure of tree cutting on the private forest. Most villagers collect large amount of firewood from their own and other people’s private forests which creates severe impact on the community structure of private forests and overall forest ecosystem.

Restoration of degraded private forests is an urgent need. This is possible only if villagers could get some benefit by conserving their private forests. A sustainable conservation model based microentrepreneurship may help to restore these private forests and will also support the local people to change their destructive practices.

5.7 Changes in Forest Structure Up to last one or two decades villagers were following shifting cultivation in a precise manner by keeping fixed periodic cycles for forest cutting. But since last few years most of the villagers have given up shifting cultivation and started to sell their private forests 63 to wood loggers on commercial basis. This has reduced periodic cycle for forest cutting and created growth of shrubby and scrub vegetation with open canopy. Some of the species like Leea indica, Gnidia glauca, Syzygium cumini, Ziziphus rugosa, Catunaregam spinosa and Wendlandia heynei have become dominant and formed large patches by producing number of branches. The regenerating saplings within the quadrats also indicates the dominance of these species.

In Reserved Forests the ecological studies showed regeneration of species like Myristica malabarica, Blachia denudata, Psychotria truncata, Canthium dicoccum, Garcinia talbotii, Ancistrocladus attenuatus, Entada rheedei, Melicope lunuankenda and Cinnamomum nitidum but their regeneration was totally lacking in private forests. It indicates that the species composition in private forests is changing rapidly as compared to that of the Reserved Forest.

Demarcating line between RF and private Shifting cultivation of finger millet in forests due to regular cutting of pvt. remote villages forests

5.8 Productivity of Private Forests in Koyna-Chandoli Region The wood productivity of private forests is an important parameter in determining the viability and profitability of forestry as a management practice in private forests. An attempt was made to determine the productivity of these forests.

Wood volume for each tree was determined by using appropriate volume formulae based on diameter and volume for Western Ghats region (Forest Survey of India, 1996). The volume per hectare was determined for all quadrats in the study area. The age was determined by asking the owners number of years since the plot had been cut. This exercise was done only for dense private forests since there was no way to determine the age of reserved forests. The age was to an extent approximate since the owners memory was often a little hazy on this point. The volume per hectare was plotted against the age of the quadrat and linera regression carried out. The slope of the line was the annual productivity in m3/ha/year. The productivity was determined to be 1.25 m3/ha/year (Figure 5.2). 64

There are several caveats to the productivity determined by this exercise. The maximum age in the sampled quadrats was 30 years hence the estimate of productivity was for the first 30 years of growth. The productivity is likely to be higher in mature forests since the productivity keeps increasing with age in young forests. Secondly the sampling was carried out in the existing private forests, which are poorly managed. The productivity is likely to be higher in well managed forests. The estimate of 1.25 m3/ha/yr is therefore a minimum value and the actual productivity is likely to be higher. The producitivity for other regions will be different depending on the local soil and climatic conditions.

Figure 5.2: Estimation of Wood Productivity in Private Forests

The estimate of wood productivity is based on volume formulae designed for trunk and branch wood. Biomass productivity includes twigs, leaves and below ground biomass and is therefore likely to be higher than the wood productivity determined above.

5.9 Economically Important Species from the Study Area Many species observed in private forests are medicinally and economically important. Very few people have knowledge of locally available medicinal plants. The sustainable use of these medicinal plants and their propagation in private forests can help them for their livelihood activity. It will also force the people to conserve these species to set up forest-based microenterprises. A micro enterprise based conservation model for private forests will help to restore the degraded forest ecosystems in corridor areas.

During the sampling study in Koyna, it was noted that out of the 303 species observed 110 species have commercial value in the herbal products industry. Allophylus serratus, Atalantia monophylla, Bauhinia racemosa, Bridelia retusa, B. squamosa, Callicarpa macrophylla, Canthium parviflorum, Careya arborea, Cinnamomum verum, Glycosmis pentaphylla, Holigarna arnottiana, Mallotus philippensis, Mangifera indica, Murraya 65 koenigii, Myristica malabarica, Premna lattifolia, Pterocarpus marsupium, Saraca asoka, Stereospermum coalis, Stereospermum sauveolens, Symplocos cochinchinensis, Syzygium aryophyllatum, Syzygium cumini, Tabernaemontana heyneana, Terminalia arjuna, Terminalia bellerica, Terminalia chebula, Trema orientalis and Xanthoxylum rhetsa were some of the important medicinal plants in the list of 110 species.

From view of herbal industry and small scale demands, list of economically and medicinally important species were prepared separately after detailed literature review and personal discussion with experts. Some of the species that are suitable for forest ecosystem in Koyna region are Acacia catechu, Celastrus paniculata, Centella asiatica, Cinnamomum tamala, Leptadenia retuculata, Mallotus philippensis, Mesua ferrea, Picrorrhiza curroo, Piper longum, Piper nigrum, Pterocarpus marsupium, Pterocarpus santalinus, Rauvolfia serpentina, Rubia cordifolia, Vetiveria zizanioides and Withania somnifera. Of these the following nine species having high potential were prioritized: Celastrus paniculata, Centella , Mallotus philippensis, Piper longum, Piper nigrum, Pterocarpus marsupium, Rauwolfia serpentina, Rubia cordifolia and Vetiveria zizanioides.

In the second list 78 plant species were included having good market demands but less profitable. These species are Abrus precatorius, Acacia coccina, Achyranthes aspera, Acorus calamus, Aegle marmelos, Aerva lanata, Alangium salvifolium, Aloe vera, Alpinia galanga, Alstonia scholaris, Andrographis paniculata, Annona squamosa, Bauhinia racemosa, Boerhaavia diffusa, Bombax ceiba, Butea monosperma, Butea superba, Caesalpinia bonduc, Callicarpa macrophylla, Cassia fistula, Cassia tora, Catunaregam Spinosa, Chlorophytum tuberosum, Cinnamomum verum, Clerodendrum serratum, Crataeva nurvala, Curculigo orchidioides, Cyperus rotundus, Desmodium sp., Eclipta prostrate, Ficus religiosa, Foeniculum vulgare, Gloriossa superba, Gmelina arborea, Helicterus isora, Hemidesmus indicus, Hydnocarups laurifolia, Justicia adhatoda, Mimosa pudica, Mimusops elengi, Mitragyna parvifolia, Mucuna pruriens, Murraya koenigii, Neolamarckia cadamba, Nerium indica, Oroxylum indicum, Phyllanthus neruri, Pistacia chinensis, Plumbago zeylanica, Pongamia pinnata, Premna lattifolia, Premna mucronata, Psoralea corylifolia, Sapindus laurifolia, Saraca asoka, Semecarpus anacardium, Shorea robusta, Sida rhombifolia, Smilax chinensis, Smilax zeylanica, Solanum anguivi, Solanum indicum, Solanum nigrum, Strychnos nux-vomica, Strychnos potatorum, Symplocos cochinchinensis, Symplocos laurina, Syzygium cumini, Terminalia arjuna, Terminalia bellerica, Terminalia chebula, Tinospora cordifolia, Tribulus terrestris, Vitex negundo, Woodfordia fruticosa, Wrightia tinctoria, Zingiber officinale and Ziziphus oenoplia.

Some of these species like Alangium salvifolium, Andrographis paniculata, Crataeva nurvala, Foeniculum vulgare, Hydnocarups laurifolia, Pistacia chinensis, Psoralea corylifolia, Strychnos nux-vomica, Strychnos potatorum and Tribulus terrestris are not suitable for Koyna region. Habitat suitability of each species is an important factor need to consider before cultivating it for commercial purpose. 66

The following species that were not observed during the survey but are certainly present from author’s knowledge were identified for commercial development in private forest restoration: Piper nigrum, P. longum, Celastrus paniculata, Rubia cordifolia, Rauvolfina serpentina, Vetiveria zinzanioides, Butea superba and Embelia ribes, Desmodium gangeticum, Hollarrhena pubescens; Mallotus philippensis, Cinnamomum sp., Mesua ferrea, Pseudooxytenanthera stocksii, Bambusa arundinacea, Calamus rotans, Mesua ferrea, Bombax ceiba.

References Dash, M. C. 1993. Fundamentals of Ecology. Tata McGraw-Hill Publishing Com. Ltd., N. , Pp. 366.

Deshpande, S., B. D. Sharma and M. P. Nayar. 1993. Flora of Mahabaleshwar and adjoining Maharashtra, Vol 1. Flora of India Series 3, Botanical Survey of India, Calcutta.

Deshpande, S., B. D. Sharma and M. P. Nayar. 1995. Flora of Mahabaleshwar and adjoining Maharashtra, Vol 2. Flora of India Series 3, Botanical Survey of India, Culcatta.

Forest Survey of India, 1996. Volume Equations for Forests of India, Nepal and Bhutan. Forest Survey of India,Ministry of Environment and Forests, Govt. of India. Dehradun.

Pascal, J. P. and Ramesh, B. R. 1987. A field key to the trees and lianas of the evergreen forests of the Western Ghats. Institute Francise, Pondicherry,234.

Ravindranath S. & S. Premnath. 1997. "Biomass studies: Field methods for monitoring biomass", Oxford & IBH Publishing Co. Pvt. Ltd., New Delhi.

Sharma, B. D., S. Karthikeyan and N. P. Singh. 1996. Flora of Maharashtra State; Monocotyledons. Flora of India Series 2, Botanical Survey of India, Kolkatta, Pp. 794.

Singh, N. P. and S. Karthikeyan. 2000. Flora of Maharashtra State: Dicotyledons, Vol I. Flora of India Series 2, Botanical Survey of India, Kolkatta. Pp. 898.

Singh, N. P. and S. Karthikeyan. 2000. Flora of Maharashtra State: Dicotyledons, Vol II. Flora of India Series 2, Botanical Survey of India, Kolkatta. Pp. 1060.

Sutherland, W. L. 1996. Ecological Census Techniques, A handbook. Cambridge University Press, Cambridge. Pp. 336.

Talbot, W. A. 1909. "Forest flora of Bombay Presidency and Sind", Vol. I, Government Photozincographic Press, Poona.

Talbot, W. A. 1909. "Forest flora of Bombay Presidency and Sind", Vol. II, Government Photozincographic Press, Poona.

67

Chapter 6 Review of Laws and Regulations Relevant to Private Forests

By Guruprasad Malkar, Kedar Munishwar and Jayant Kulkarni

A. IMPORTANT CENTRAL LAWS HAVING RELEVANCE TO PRIVATE FORESTS 6.1 Forest (Conservation) Act, 1980 This Act was enacted to check indiscriminate diversion of forestland. Under this legislation, approval of the Central Government is required before any forestland (noted as such in Government records) is diverted for non-forestry purposes. Moreover, the transfer is allowed only with the provision that compensatory plantations/ afforestation in an equivalent area of non-forestland, or double the area in degraded forestlands, are raised.

As per the Section 2 of the Act the Government has imposed restriction on the dereservation of forests or use of forest land for non-forest purpose.

Section also provides that, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing that any forest land or any portion hereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.

On commenting the forest Conservation Act, 1980 the Supreme Court in T.N.Godavarman V/s Union of India (W.P. 202/1995) case in it’s order 12/12/1996 held that,

“ .... The provisions enacted in the Act, for the conservation of forests must apply clearly to all forests so understood irrespective of the ownership classification thereof.”

As the forest Conservation Act, 1980 does not provide definition of the forest land the Supreme Court in its order has made applicable the provisions to private forests. Thus, it is an important provision for the conservation of the private forests. Now, any forest whether it may be revenue forest, private forest, village forest or protected forest, it has to be conserved as per the Forest Conservation Act.

The said provision also contains that, “non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for: 68

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;

(b) any purpose other than reafforestation

The implication of this provision is that nobody can fell the trees on the private forests for the abovementioned reasons. Although it creates hardship for some people, it is a very important provision to safeguard the local species and forest lands. This doesn’t create hardship to the private forest owners (PFOs) to practice forestry as the reafforestation is excluded from the non-forest purpose. However, this provision can be misused by the PFOs as the law does not provide explanation or definition for the term ‘reafforestation’.

Section 3A of the Act provides that whoever contravenes or abets the contravention of any of the provisions of Section 2, shall be punishable with simple imprisonment for a period which may extend to fifteen days. This is a very meagre penalty provided for the contravention of the Act. It should be extended considerably for the deterrence to the offenders.

In 1988, the Act was amended to make existing provisions more stringent. Some procedural difficulties were, however, experienced in implementing the Act. In order to streamline disposal of applications under the Act, the process of decision-making has been decentralized and procedures and requirements have been rationalized. Revised and comprehensive rules and guidelines under the Act, were issued in 1992. This Act is, by far, the most important tool the Government of India has to regulate and control the change in the land use of recorded forestland. On the positive side, this Act has helped reduce diversion of forestland for non-forestry purposes. The Act has come as an obstacle to the regularization of encroachments of forestlands.

Further, the MoEF has issued clarification on 31st August, 2005 regarding applicability of the forest Conservation Act, 1980 on the plantations raised on revenue waste land, community waste land etc. that,

“The Forest (Conservation) Act, 1980, shall be applicable to the notified forests and to such areas that are identified as ‘forests’ by the District Level Committees (DLCs) constituted by the state/Union Territory Govts. pursuant to the orders of the Supreme Court of India dated 12-12-1996 in Writ Petition (C) No. 202 of 1995 with reference to the dictionary meaning of the term ‘forests’, irrespective of its ownwership.”

However, the District Level Committees (DLCs) have not been formed in the states and there is no identification of the forest lands by the District Level Committees (DLCs). Therefore, it is causing confusion among people as well as the forest and revenue officers. Hence, the ongoing procedure of giving permission to fell the trees is carried on by the officers. This has resulted in the degradation of the forest lands, particularly in 69 private forests. Therefore, the Act needs strict implementation and District Level Committees (DLCs) are required to be formed at earliest on war footing.

6.2 Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 The object of the Act is to recognise and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The Act aims to address the historical injustice done to those communities whose forest rights have so far not been legally recorded.

The recognized rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers include the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwelling Scheduled Tribes and other traditional forest dwellers.

The section 3 of the Act provides for the Forest rights of Forest dwelling Scheduled Tribes and other traditional forest dwellers which includes community rights such as nistar, right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries, right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity.

The section further provides that notwithstanding anything contained in the Forest (Conservation) Act, 1980, the Central Government shall provide for diversion of forest land for the following facilities managed by the Government which involve felling of trees not exceeding seventy-five trees per hectare, such as Schools, Dispensary or hospital, anganwadis, Fair price shops, Electric and telecommunication lines, Tanks and other minor water bodies, Drinking water supply and water pipelines, Water or rain water harvesting structures, Minor irrigation canals, Non-conventional source of energy, Skill up gradation or vocational training centers, Roads, and Community centers.

However, such diversion of forest land is allowed only if, the forest land to be diverted for the purposes is less than one hectare in each case; and the clearance of such developmental projects shall be subject to the condition that the same is recommended by the Gram Sabha.

In this regard The National Forest Commission was of the opinion that the Scheduled Tribes (Recognition of Forest Rights) Act would be harmful to the interests of forests and to the ecological security of the country. It would be bad in law and would be in 70 open conflict with the rulings of the Supreme Court. It has been pointed out by the National Forest Commission that there are several flaws e.g. unfair discrimination between tribals and non-tribals and giving the concerned Gram Sabha the sole authority to decide as to what exploitation would be unsustainable. The Commission had also recommended that the said legislation should not apply to national parks and sanctuaries, which are the last hope for the survival of the nation’s forests, wildlife, wilderness and biodiversity. It was also pointed out that the provision of non-eviction of an encroacher from forest land till his claims are settled by the Gram Sabha will give further impetus to encroachment.

The Act came into force on 1st January, 2008 and since then the claims of the forest dwellers are not finally settled. Further, the Act provides for various rights including right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers. Thus any forest land, to which the rights of the forest dwellers are recognised, will be more or less a community forest.

In Sindhudurg District shifting cultivation was not allowed on identified forest after the Supreme Court order in the Godavarman case. However it has again been allowed after the enactment of the Forest Rights Act on the premise that PFOs are traditional forest dwellers and shifting cultivation is a traditional use of the forest. This is a confusing situation and needs clarification.

B. IMPORTANT STATE LAWS IN MAHARASHTRA HAVING RELEVANCE TO PRIVATE FORESTS 6.3 The Maharashtra Felling of Trees (Regulation) Act, 1964 The object of the Act is to make better provision for regulating the felling of certain trees in the state of Maharashtra, for the purpose of the preservation thereof, and for the protection of the soil against erosion and to provide for the matters connected therewith.

The Act has limited scope in its application as provided in Section 2 (f) of the Act. The Act specifies trees in the Schedule. The list contains 18 scheduled trees on which the Act imposes restriction on felling in whole of Maharashtra and additional 7 species (total 25) for the Sindhudurg District. Only if the trees which are sought to be felled by application are one which is listed in the schedule, the present Act is applicable.

Section 2 (ff) of the Act provides definition of Tree Officer as a 'Forest Officer' not below the rank of a Range Forest Officer; 71

Section 3 (1) of the Act provides that “Notwithstanding any custom, usage, or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument to the contrary, no person shall fell any tree or cause' such tree to be felled in any land, whether of his ownership or otherwise, except with the previous permission in writing of a Tree Officer duly empowered by the State Government in that behalf”

The Maharashtra Act 26 of 1989 has made amendment in the Act and inserted a definition of the ‘Tree Officer’ as Range Officer instead of ‘Revenue Officer not below the rank of Dy. Collector’ and ‘revenue officer.’

However, the power vested in the Range Forest Officer by this amendment is restricted to the specified tree species in the schedule. And for the rest of the trees one has to apply to the revenue officer under the Maharashtra Land Revenue Code. However, there is considerable ambiguity in the people about getting the permission for felling of trees. The Revenue Officers give the permission for felling of trees without any ecological consideration. This needs to be reviewed and corrected.

6.4 The Maharashtra Felling of Trees (Regulation) Rules, 1967 Section 3 of the Rules provide for the application for permission. Under this section any person seeking permission of the Tree Officer under to fell any tree or trees shall make an application in Form I. The application shall be presented either in person or be sent by post. On receipt of the application, the Tree Officer shall acknowledge its receipt if the application is complete in all respects. If the application is incomplete, he shall immediately return the application to the applicant pointing out to him the deficiencies in the application, and ask the applicant to resubmit the application after completing it in all respects.

If any person, institute or company wishes to do silvicultural operations like thinning or felling of trees scientifically for optimum growth of an artificial plantation, he shall apply, in writing, in Form III, prescribed in that behalf.

Section 4 of the Rules provided for grant of permission. On receipt of an application, the Tree Officer shall, after holding such inquiry as he deems fit, ascertain whether the tree or trees to be felled in the land is or are of his ownership; and if the land is not of his ownership, whether the applicant has any right otherwise to fell the trees on the land.

For ascertaining if any tree is dead or deceased or wind fallen or is silviculturally mature, the Tree Officer shall, if the tree is situated within ten miles of a reserved or protected forest and in other cases may, consult a Forest Officer not below the rank of a Range Forest Officer. Now the question is how the Range Forest Officer (Tree Officer) will consult Range Forest Officer? It is a procedural lacuna arisen out of the amendment in the Maharashtra Felling of Trees (Regulation) 72

Act, 1964 and the Maharashtra Felling of Trees (Regulation) Rules, 1967 by which the word “Tree Officer” is substituted in place of the word “Revenue Officer.” This amendment was made by G.N. of 19.12.2005. Before the said amendment came into force, the Revenue officer was required to consult the Forest Officer not below the rank of Range Forest Officer in case it comes under the abovementioned stipulated condition.

If the Tree Officer is satisfied that the applicant has a right to fell the tree or trees applied for, and the felling of the tree or trees is applied for any of the reasons specified or will not defeat the object of the Act, he shall grant the permission to fell the tree or trees applied for. If the permission asked for is refused, the Tree Officer shall record his reasons in writing for doing so.

Section 5 of the rules specifies that every person to whom a permission is granted under rule 4 shall be liable to pay damages for any injury caused to the property of any person as a result of the felling of a tree or trees in pursuance of the permission.

(2) If any person, institute or company who has artificially planted scheduled tree species on the privately owned lands and wishes to do thinning or felling of a tree or trees, he shall strictly fulfil the following conditions prior to applying for permission in that behalf:

(a) An entry of the artificially planted scheduled trees shall be taken by the Talathi in the 7/12 extracts of land record of the concerned land similar to the entry of other agricultural crops.

(b) The entry of the existing artificial plantation in the 7/12 extracts shall be made within 3 months from the date of commencement of the Maharashtra Felling of Trees (Regulation) (Amendment) Rules, 2005, and it shall be the duty of the grower to make an application in this behalf.

(c) A copy of the 7/12 extracts showing the above entries shall be submitted to the Tree Officer.

(d) Minimum 50 trees per hectare shall be left unfelled in the artificial plantation, and the owner shall give an undertaking in this behalf.

(e) After undertaking the plantation of the scheduled tree species, an entry of the subsequent planting, thinning, felling and the existing balance of trees shall be got entered into the concerned 7/12 extracts of land, by the growers and the Talathi.

(f) A note book called 'Plantation Book' containing information about the artificial plantation, the area, the species and the number of seedlings planted 73 shall be given to the owners of the plantation by the Tree Officer. The Tree Officer shall record the survival percentage of the plantation in the Plantation Book from the fourth year of the plantation undertaken and shall also record any thinning done in the plantation, from time to time.

(g) No tree within 30 meters of the extremes of the bank of any water course, spring or a tank shall be felled, except with the previous permission of the Collector.

(h) If the artificial plantation, where thinning or felling of trees is to be done, is having boundary adjacent to the Government forests (reserved/protected/"E" class jungle or otherwise), the owner of the plantation shall submit the certificate which contains the boundaries and map of the said plantation demarcated by the District Inspector of Land Record.

(i) If the plantation area is recorded as "Forests", the permission for thinning or felling shall be given only after the preparation of the working plan by the Government of India. The owner of such plantation shall not take any action before obtaining such prior approval. This is a very unreasonable rule for small PFOs. The responsibility for approval of approving working plans for private forests should be given to the regional Working Plan officer of the Forest Department.

Section 6 provides that in deciding an appeal made to him, the Collector shall follow the same procedure as he is required to follow in deciding an appeal against an order passed by an officer subordinate to him under the provisions of the relevant Code.

This is also a procedural lacuna arisen out of the 2005 amendment. On the one hand, the power to give permission to fell scheduled trees has been taken from the “revenue officers” and given to the “forest officers”, but the appellate authority and power still remains in the hands of Collector i.e. a revenue officer.

6.5 The Maharashtra Private Forests (Acquisition) Act, 1975 The PFAA was made by taking serious note of the degradation of the forest cover in the state. It is made with the view to acquire the private forest in the state of Maharashtra and for conserving the material resources and protecting them from destruction or over exploitation by their owners. The Act provides for the procedure for acquisition of forest land and restoration of certain lands to the owners and promoting employment and regulates the extraction of miner minerals.

Section 2 (c-i) of the Act provides for the definition of the word ‘forest’ as "forest" means a tract of land covered with trees (whether standing, felled, found or otherwise), shrubs, bushes, or woody vegetation, whether of natural growth or planted by human 74 agency and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber, fuel, forest produce, or grazing facilities, or on climate, stream flow, protection of land from erosion, or other such matters and includes:

(i) land covered with stumps of trees of forest;

(ii) land which is part of a forest or lies within it or was part of a forest or was lying within a forest on the 30th day of August 1975;

(iii) such pasture land, water-logged or cultivable or non-cultivable land, lying within or linked to a forest, as may be declared to be forest by the State Government;

(iv) forest land held or let for purpose of agriculture or for any purposes ancillary thereto;

(v) all the forest produce therein, whether standing, felled, found or otherwise;

Section 2 (f) of the Act provides for the definition of the word "private forest" means any forest which is not the property to Government and includes:

(i) any land declared before the appointed day to be a forest under section 34A of the Forest Act (i.e. Indian Forest Act, 1927);

(ii) any forest in respect of which any notification issued under sub-section (1) of section 35 of the Forest Act, is in force immediately before the appointed day;

(iii) any land in respect of which a notice has been issued under sub-section (3) of section 35 of the Forest Act, but excluding an area not exceeding two hectares in extent as the Collector may specify in this behalf; .

(iv) land in respect of which a notification has been issued under section 38 of the Forest Act

(v) in a case where the State Government and any other person are jointly interested in the forest, the interest of such person in such forest;

(vi) sites of dwelling houses constructed in such forest which are considered to be necessary for the convenient enjoyment or use of the forest and lands appurtenant thereto.

Beginning with the non-obstante clause, the Section 3 (1) has provided a very important provision. It runs as follows:

“Notwithstanding anything contained in any law for the time being in force or in any settlement, grant, agreement, usage, custom or any decree or order of any Court, Tribunal or authority or any other document, with effect on and from the appointed 75 day, all private forests in the State shall stand acquired and vest, free from all encumbrances, in, and shall be deemed to be, with all rights in or over the same or appertaining thereto, the property of the State Government, and all rights, title and interest of the owner or any person other than Government subsisting in any such forest on the said day shall be deemed to have been extinguished.

This provision has created unfettered right of the State Government over all the private forest in the state. However, the Section 3 (2) exempted certain land comprised in a private forest as in held by an occupant or tenant and is lawfully under cultivation on the appointed day and is not in excess of the ceiling area provided by section 5 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, for the time being in force or any building or structure standing thereon or appurtenant thereto.

Section 3(3) has gone further and provided that all private forests vested in the State Government under sub-section (1) shall be deemed to be reserved forests within the meaning of the Forest Act.

Collector or the person authorized in this behalf by the State Government is empowered to enter and take over possession of the private forest acquired and vested in the State Government under the provisions of this Act. (Section 5)

Section 6 of the Act provides for the settlement of disputes. The collector is empowered to hear and decide the dispute in respect of any question arises as to whether or not any forest is a private forest, or whether or not any private forest or portion thereof has vested in the State Government or whether or not any dwelling house constructed in a forest stands acquired under this Act. The aggrieved party may file appeal to the Tribunal within 60 days from the date of decision of the collector or if the aggrieved party fails to prefer appeal he may file revision to the State Government within one year under section 18 of the Act.

The Act has made various provisions for the settlement of disputes, payment of amount to the owners of private forest, application, determination and manner of payment, etc.

Section 21 provides as under:

(1) Whenever it appears to the State Government that any tract of land not being the property of Government, contains trees and shrubs, pasture lands and any other land whatsoever, and that it should be declare, in public interest and for furtherance of the objects of this Act, to be a private forest, the State Government shall publish a notification in the Official Gazette:

(a) declaring that it is proposed to declare such tract of land to be a private forest; and

(b) specifying, as nearly as possible, the situation and limits of such tract. 76

(2) On the publication of such notification, the Collector or any other officer authorized in this behalf by the State Government shall issue a notice to the owner of such tract of land and to all other persons having an interest in such tract of land, calling on them to show cause, within a reasonable period to be specified in such notice, why such declaration should not be made.

(3) After hearing the objections, if any, of the owner and other persons and considering any evidence that they may produce in support of the same, the Collector, or as the case may be, the authorized officer shall submit his report to the State Government, along with the objections, proceedings and his opinion whether the tract of land should or should not be declared to be a private forest.

(4) After taking into consideration the objections, proceedings and report and the opinion of the Collector, or as the case may be, of the authorized officer, the State Government shall decide whether such tract of land or any part thereof should or should not be declared to be a private forest, and such decision shall be final.

(5) If the State Government decides to declare such tract of land or any part thereof to be a private forest, it shall publish such decision by a notification in the Official Gazette.

(6) Upon publication of the notification under sub-section (5), the tract of land in question or any part thereof shall be deemed to be private forest, and thereupon, all the provisions of this Act shall apply thereto, subject to the modification that the appointed day in relation thereto shall be deemed to be the date of the issue and publication of the notification in the Official Gazette under sub-section (5) in relation thereto.

(7) If the State Government decides not to declare such tract of land or any part thereof to be a private forest, it shall communicate its decision to all persons interested in such tract of land or any part thereof.

(8) On the publication of a notification under sub-section (1) in respect of any tract of land, it shall not be lawful for the owner of such tract of land or any other person to do therein, except with the previous permission in writing of the Divisional Forest Officer, any of the following things for a period of one year from the date of such publication, or till the date of the publication of the notification under sub-section (5), or as the case may be, till the date of communicating the decision under sub-section (7), whichever period expires earlier, namely :

(a) the breaking up or cleaning of the land for cultivation;

(b) the pasturing of cattle;

(c) the firing or cleaning of the vegetation; 77

(d) the girdling, tapping or burning of any tree or the stripping ,off the bark or leaves from any tree;

(e) the lopping and pollarding of tree;

(f) the cutting, sawing, conversion and removal of trees and, timber; or

(g) the quarrying of stone or the burning of lime or charcoal or the collection or removal of-any forest produce or its subjection to any manufacturing process.

(9) If any person contravenes the provisions of sub-section (8), he shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

Section 21A provides that nothing in section 21 shall apply to any non-forest land (which is not the property of Government) on which by artificial means or by human agency afforestation is made by planting forest tree species. This provision does not conflict with the decision of Supreme Court in the matter of Godavarman Case as the Ministry of Environment and Forest has clarified the said position which has been discussed earlier under the head of the forest conservation Act. The Act however, does not define the word “forest tree species.”

Section 22A has been inserted by amendment made under Maharashtra Act 4 of 1978, S. 3. The Section runs as under:

(1) Notwithstanding anything contained in the foregoing provisions of this Act, if, on an application made by any owner of private forest, within a period of six months from the date of commencement of the Maharashtra Private Forests (Acquisition) (Amendment) Act, 1978, or suo motu at any time, the Collector, after holding such inquiry as he deems fit, is satisfied that the total holding of land of such owner became of less than twelve hectares on the appointed day on account of acquisition of his forest land under this Act or that the total holding of land of such owner was already less than twelve hectares on the day immediately preceding the appointed day, the Collector shall determine whether the whole of the forest land acquired from such owner or what portion thereof shall be restored to him, so, however, that his total holding of land, on the appointed day, shall not exceed twelve hectares.

(2) After the Collector has determined the area and situation of the land to be restored to any owner of private forest, the Collector shall make an order, that with effect from the date of his order, the land specified therein, which was acquired and vested in the State Government, shall cease to be a reserved forest within the meaning of the Forest Act, be deemed to have been regranted to the owner and shall be revested in him, subject, however, to all encumbrances, if any, lawfully subsisting on the day immediately preceding the appointed day, which shall stand revived. Possession of the 78 land so restored shall be given by the Collector to the owner, as far as may be practicable under the circumstances, within a period of one month from the date of the order.

(3) If the amount payable to the owner of private forest under section 7 has been paid to him or the holder of the encumbrances, if any, the Collector shall determine what would have been the amount or the proportionate amount payable to him under section 7 in respect of the land restored to him under sub-section (2), without taking into consideration the deduction to be made for paying the holders of encumbrances, if any, and shall by order direct the owner to repay the amounts so determined to the State Government, within a period of six months from the date of receipt of such order by the owner. If the amount is not repaid in time, it shall be recoverable as an arrear of land revenue. When any amount due is repaid by the owner to the State Government, he shall be entitled to make necessary adjustment with the holders of the encumbrances, if any, for any payment made to them by the State Government in respect of the land revested in the owner.

(4) Notwithstanding, anything contained in the Code or this Act, no appeal shall lie against any decision or order of the Collector under this section, but the Commissioner or the State Government may, within a period not exceeding one year from the date of such decision or order:

(a) call for the record of any inquiry or proceedings of the Collector for the purpose of satisfying himself or itself as to the legality or propriety of such decision or order, and as to the regularity of such proceedings, as the case may be, and

(b) pass such order thereon as he or it deems fit.

Provided that, no such decision or order shall be modified, annulled or reversed, unless opportunity has been given to the interested parties to appear and to be heard.

(5) Any decision taken or order made under this section by the Collector, subject to any revision by the Commissioner or the State Government, and any order made by the Commissioner or the State Government in revision, shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.

(6) Nothing contained in this section shall apply to any land in a private forest which was used immediately before the appointed day for extracting of minor mineral such as stone quarries. Accordingly, such land shall not be taken into consideration and shall not be liable to be restored under this section.

Section 22B

“Notwithstanding anything contained in Section 4 or any other provisions of this Act, the Collector may, with the previous approval of the State Government grant, transfer 79 or otherwise make available any private forest vested in the State Government under sub-section (1) of section 3, or any portion thereof, for any public purpose, only if any Government land is not available or suitable, or any other land is not found suitable for acquisition under the Land Acquisition Act, 1894, for such public purpose.”

The Act does not specify for the permission from the Central Government or concerned ministry or Board. However, considering the provisions of the Forest Conservation Act, 1980, the previous permission of the Central Government is necessary before the Collector grant, transfer or otherwise make available any private forest vested in the State Government or any portion thereof, for any public purpose.

Section 22A has been inserted by amendment made under Maharashtra Act 4 of 1978 to prevent acquisition of small and marginal land holders and to restore up to 12 ha of such land to the owner after due enquiry by the Collector. The main object of the Act was to acquire the private forest in the state of Maharashtra and for conserving the material resources and protecting them from destruction or over exploitation by their owners which made by taking serious note of the degradation of the forest cover in the state. However, the amendment and insertion of Section 22A has frustrated the object of the Act and resulted into a serious degradation of the forest cover in the state.

The 12 hectares or more land standing in the name of one person was to be remained with the State. Therefore, in order to take undue advantage of the amended provision, people recorded the names of their family members to show less holding of land in the name of each person. Thus, the huge number of land under private forest was restored back to the people. Further, the restored private forest was used by the people for agriculture, resorts and other non-agricultural purposes by clearing up the standing forest. This resulted into a serious degradation of the forest cover in the Western Ghats and other parts of the state. After coming into force, the Forest Conservation Act, 1980, it was necessary to take prior permission of the Central Government to restore the private forest under Section 22A of the PFAA. Further, the restored private forest land cannot be used for non-forest purposes as per the same Act. However, this was totally ignored by the state governments and its agencies.

However, the State Government noticed that the restored private forest land is used for the non-forest purpose after taking non-agricultural permission from concern departments and there are constructions on the said land. Therefore, the State Government issued a notification dated 18.03.2009 and ordered to find out the land restored under section 22A of the PFAA without prior permission of the Central Government and used for the non-agricultural purposes and review the permission granted in order to cancel the said permission. 80

It is also equally important to note that the state government should also take into consideration the agricultural use of the restored private forest land as it is also a non- forest purpose.

6.6 Maharashtra Land Revenue Code, 1966 Maharashtra Land Revenue Code (MLRC) also contains the provisions relating to trees. It is a parent Act under which various rules relating to trees have been framed. They are: i. The Maharashtra Land Revenue (Regulation of Right to Trees etc.) Rules, 1967. ii. The Maharashtra Land Revenue (Disposal of Government Trees, Produce of Trees, Grazing and other Natural Products) Rules, 1969. iii. The Maharashtra Land Revenue (Regulation of Cutting and Supply of Woods etc.) Rules, 1970. iv. The Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing) Rules, 1973.

The section 25 of the MLRC provides that the right to all trees standing or growing on any occupied land vests with the holder of the land subject to the government prohibition or regulation of cutting of certain trees. The 25 (1) runs as under:

“Sec. 25, Right to trees in holdings.

(1) With effect from the commencement of this Code, the right to all trees standing or growing on any occupied land shall vest in the holder thereof but if the State Government is of opinion that it is necessary to prohibit or regulate the cutting of certain trees for preventing erosion of soil, it may by rules prohibit or regulate the cutting of such trees.”

A ‘holder’ means a person lawfully in actual or constructive possession of land. Thus, it is clear that the right to trees in the government land vests in the State Government. The rules made under the MLRC impose some conditions and requires permission from the competent revenue authorities on felling of trees. Maharashtra Felling of Trees Regulation Act, 1964 also specifies some tree species for the felling of which the permission is required from the concerned authorities although they are owned by individual and standing on the private land.

Sec. 26 provides that since, under section 22 of the MLRC, the land can be assigned for the “Forest Reserves” and it belongs to the state government, all trees and other natural products vests in the state government which are not the property of other persons. Unless the state government has transferred the right to trees and other natural products in such forest or fuel reserve to the village panchayat, the panchayat 81 has no right to cut or sell trees etc. The other natural products include grass, leaves, fruit, gums, lac, honey, etc.

Section 27 of the MLRC restricts the unauthorized felling and appropriation of any tree or any portion thereof which is the property of the Government. A person who unauthorizedly fell and appropriate any such tree shall be liable to the Government for the value thereof and the same shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under the provisions of this Code.

The GR No. UNF-1567/117484-R, dated 28.11.1967 provides that felling of tree and appropriation of tree are two different things and both things are not necessary to constitute the offence.

Section 28 of the MLRC provide privilege to the villagers to take firewood and to the farmers to take away such wood as may be required for agricultural implements, without payment of any tax from waste land outside reserved forest subject to rules made by the State Government. However, this section has no application in case the trees which are specified under the Maharashtra Land Revenue (Regulation of Cutting and Supply of Woods etc.) Rules, 1970 and Maharashtra Felling of Trees (Regulation) Act, 1964.

Further, exercise of this privilege is regulated by the rules made by the state government in this behalf. In case of dispute as to the mode or time of exercising any such privileges, the decision of the Collector is final, subject to decision in appeal.

Sec. 166 of the MLRC empowers the State Government to make rules for regulating, fishing in Government tanks; the removal of any materials from lands belonging to the State Government. Such rules may provide for the issue of permits, the conditions attaching to such permits and the imposition of fees therefor and other incidental matters.

6.7 The Maharashtra Land Revenue (Regulation of Right to Trees etc.) Rules, 1967 Section 2 of the rules prohibits the cutting of trees in certain cases. They are:

(1) No tree within thirty metres of the extreme edge of the bank of any water- course, spring or a tank shall be cut, except with the previous permission of the Collector.

A water-course includes all streams, rivers, rivulets and nallas in which water is collected during the monsoon or otherwise and which usually retains water upto 82 the end of December, but does not include small temporary channels formed by the run off of water during the monsoon.

(2) In any case not falling under sub-rule (1), no tree in any holding or part of a holding containing uncultivable land in which economic cultivation of field crop is not possible shall be cut without the previous permission of the Collector, if the tree growth in that holding or part of holding is less in proportion than twenty trees per acre.

Thus, if the growth of the trees in an uncultivable land is less than 20 trees per acre, the previous permission of the Collector is must for cutting the trees. Any person committing a breach of this rule shall be punishable fine upto one thousand rupees.

If any question arises, whether any tree is within thirty metres of the extreme edge of the bank of any water-course, spring or tank, or whether any holding or part thereof contains any uncultivable land or land in which economic cultivation of field crop is not possible, the question shall be referred to the Collector.

Section 3 provides that the Collector may, on an application made by the holder in that behalf permit the cutting of trees, if:

(i) the trees or parts thereof are likely to cause any harm or damage to life or property or that there is likelihood of pollution of drinking water; or

(ii) the trees are dead or dying; or

(iii) the removal of trees is in the best interest of the holder for the production of food crops which may be getting a setback by the shade of such trees on cultivable land under regular food crops.

Under this rules, the occupant may fell trees in uncultivable land without permission of the collector if the tree growth in the land is more than 20 trees per acre. This provision is unfettered and may result in the massive tree felling without any hindrance.

6.8 The Maharashtra Land Revenue (Disposal of Government Trees, Produce of Trees, Grazing and other Natural Products) Rules, 1969 Section 3 provides for that the Collector may, in consultation with the Conservator of Forest, direct that the sale of trees belonging to the State Government under Section 26 shall be by public auction or otherwise.

The Collector may further direct that brush-wood, jungle or other natural product such as lac, honey, gum, resin, catacha and the like, growing on land 83 belonging to the State Government may be sold under Section 26 by public auction either for a period of one year or for any term not exceeding five years.

6.9 The Maharashtra Land Revenue (Regulation of Cutting and Supply of Woods etc.) Rules, 1970 As stated above, Section 28 of the MLRC provide privilege to the villagers to take firewood and to the farmers to take away such wood as may be required for agricultural implements, without payment of any tax from waste land outside reserved forest subject to rules made by the State Government. However, this section has no application in case the trees which are specified under the Maharashtra Land Revenue (Regulation of Cutting and Supply of Woods etc.) Rules, 1970 and Maharashtra Felling of Trees Regulation Act, 1964. Under section 2 (2) the following trees shall not be cut or lopped except with the permission of the Sub-Divisional Officer:

(a) trees required for shade or any public purpose:

(b) road side trees, trees in groves and trees around places of encampment ground declared as such by the Collector;

(c) teak, black-wood, tiwas, khair, hirda, and mango;

(d) trees within thirty metres of the extreme edge of the bank of any water-course, spring or tank;

(e) trees, the cutting of which is prohibited under any law for the time being in force;

(f) such other trees as may, from time to time, be notified by the Collector in consultation with the Conservator of Forest concerned.

Any person committing a breach of this rule shall be liable to a fine not exceeding two times the value of the wood cut or lopped.

Section 3 provides that in respect of trees standing on lands set apart under Section 22 of the Maharashtra Land Revenue Code, 1966, for forests reserve, the Collector shall make necessary enquiries and ascertain and record the existing privileges of the villagers or certain classes of persons to cut firewood or timber for domestic and other purposes.

Under this rule, the Collector is empowered to issue instructions, from time to time; to the village officers with regard to the time and mode in which the privileges recorded shall be exercised by the villagers. Such instructions shall be given due publicity in the village. 84

6.10 The Maharashtra Land Revenue (Nistar Patrak and Regulation of Fishing Rules, 1973 In preparing the Nistar Patrak under section 166 of the MLRC, the Collector is empowered to determine:

(a) the terms and conditions on which free grazing of cattle in a village will be permitted

(b) the terms and conditions on which and extent to which any resident of the village may obtain

(i) wood, timber, fuel or any other forest produce;

(ii) mooram, kankar, sand, earth, clay, stones or any other minor mineral;

The Collector is also empowered to:

(c) alter, substitute, or adjust in a suitable manner the area of land reserved for any purpose as the circumstances of the case or the interest of the community as a whole may require;

(d) form grazing, timber, and fuel nistar zones in respect of more than one village;

(e) record mutual rights of neighbouring villages over the lands of each other;

(f) provide for any concession ordered by the State Government

6.11 The Maharashtra Sale of Trees by Occupants belonging to Scheduled Tribes (Regulation) Act, 1969 This Act regulates the disposal of trees standing in the holdings of persons belonging to scheduled tribes. The trees referred in this rules are referred as trees in the holding of an occupant who is belonging to scheduled tribe. The purpose of the act is to prevent the cases wherein tribal owners, who are often illiterate, are cheated by the agencies responsible for felling and disposal of the trees on the lands of the tribal owner.

Section 3 provides that no occupant shall sell any trees in his holding except with the assistance of the Collector as prescribed under the rules. It further provides that any sale of trees made in contravention of the abovesaid provision shall be invalid and no person shall fell any trees in pursuance of any sale of trees which is invalid. 85

Section 6 provides that if any occupant belonging to Scheduled Tribes intends to sell any trees in his holding he shall make an application in the prescribed form to the Collector for assistance for the sale of the trees. After receiving the application the Collector shall hear the applicant, make inquiry and decide whether the assistance sought for should be granted or not for sale of the trees through a Forest Officer. If the Collector decides to grant such assistance, the Collector shall arrange for the sale of the trees through a forest officer so as to secure the maximum price for such trees. The Act further provides that the Collector shall make the payment of advance amount prior to the sale of trees and the payment of the proceeds of the sale in the prescribed manner.

6.12 Special Development Control (Hill Stations) Regulations, 1996 These regulations are made under the Maharashtra Regional and Town Planning Act, 1996. These regulations in effect provide for keeping 75% of the total area as open land for tree plantation, etc., 14% for roads, and only 11% can be used for the purpose of construction of residential complexes, hotels, etc. as per the F.S.I. provided.

Under the Regulations, fruit-bearing trees are required to be grown, there shall be additional income and employment opportunities for the residents of the locality.

In practice these regulations are rarely enforced. This is as much a fault of the administrative authorities as of the developers. Because of this in many areas private forests have been converted to hotels, resorts etc. and brought under dense contruction that is much higher than 11% at several hill stations such as , , Mahabaleshwar, Amba and Amboli. Tree plantation is also not carried out. These regulations apply only to declared hill stations and not to other developments such as resorts or residential colonies and complexes. A similar regulation should be introduced for these developments also.

6.13 EIA Process At present EIA is not needed for wind mills and wind mill farm projects because wind mills are considered a source of green energy or environmentally friendly energy. However construction of wind mills causes considerable environmental impact at the wind mill site due to road construction, often through forested lands, for transportation of wind mills and due to regular visits of operating personnel. Hence EIA process should be made compulsory for wind mill farms also.

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C. GOVERNMENT POLICIES HAVING RELEVANCE TO THE SUBJECT 6.14 National Forest Policy, 1952 It envisaged evolving a system of land use under which different types of land would be allotted to different uses, to lead to optimal production without degrading its worth. The productive, protective and recreational values of forests were recognized and the policy also spoke of the minimum of one third of the geographical area to be under forests.

This policy identified vital national needs; which included a system of balanced and complementary land use, need of checking of denudation of mountainous regions, erosion of river banks and invasion of sea-sands on coastal tracts and the need of ensuring supply of fodder and small wood, etc. This policy also classified forests in four groups, namely, protected forest, national forest, village forest and tree lands.

The policy also dealt upon the proportion of forest areas and for the first time, a target was identified – India, as a whole, should aim at maintaining one-third of its total land area under forests. However, even after enunciation of the National Forest Policy of 1952, matters did not change materially on the ground. On the contrary, large forest areas were cleared for rehabilitating displaced persons, as a result of partition of the country and also for other purposes. This resulted in shrinkage in forest area in different parts of the country.

6.15 National Forest Policy, 1988 The policy that was enunciated in 1988 and is in effect on date, is a comprehensive document with directives on afforestation, forestry and farm forestry, management of forests, rights and concessions, diversion of forestland, wildlife conservation, tribal communities, discouragement of shifting cultivation, management of forest fires and grazing, forest based industries, forest extension, forest education, forestry research, personnel management, forest survey and database, and legal and financial support.

The National forest policy, 1988 has the following basic objectives:

 Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely disturbed by serious depletion of the forests of the country.  Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represent the remarkable biological diversity and genetic resources of the country.  Checking soil erosion and denudation in the catchment areas of rivers, lakes, and reservoirs in the interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs. 87

 Checking the extension of sand dunes in the desert areas of Rajasthan and along the coastal tracts.  Increasing the sustainability of the forest/tree cover in the country through massive afforestation and social forestry programmes, especially on all denuded, degraded and unproductive lands.  Meeting the requirements of fuel wood, fodder, minor forest produce and small timber of the rural and tribal populations.  Increasing the productivity of forests to meet essential national needs.  Encouraging efficient utilization of forest produce and maximising substitution of wood.

Creating a massive people's movement with the involvement of women for achieving these objectives and to minimize pressure on existing forests. This was a clear improvement over the Forest Policy in 1952, as for the first time “environmental stability” was considered as the prime object of the Forest Policy and direct economic benefits were subordinated to this principal aim. While initiating this policy, it was acknowledged in the “Preamble” that despite the 1952 Policy, forests in the country have suffered serious depletion.

6.16 Report of National Forest Commission, Govt. of India, MoEF, 2006 Out of 360 recommendations by the commission some of the important Recommendations to be considered while declaring the proposed areas as ESA are:

[6] (b) The term ‘forest’ needs to be defined for the purpose of the Act. However, the Hon’ble SC Judgment in T.N. Godavarman be taken as a model.

[7] Felling regulations on private lands may be restricted to ‘Highly Restricted Tree Species’, meaning such endangered and valuable tree species which are almost entirely found in forest areas. Some examples are sandalwood, red sanders, rosewood, khair, sal, deodar, bhojpatra, Taxus baccata and Quercus semicarpifolia.

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Chapter 7 The Lok Vaniki Scheme of Madhya Pradesh State

By Jayant Kulkarni and Prachi Mehta

7.1 Background In the 1980s there was considerable activity for promotion of Social Forestry in Madhya Pradesh State through sponsorship by USAID. The aim of the Social Forestry Program was to encourage tree plantation on private lands. This was followed by the World Bank aided Madhya Pradesh Forestry Project that brought about many facilitative policy changes. This set the stage for involvement of private sector in forestry. Visits by senior forest officers in rural areas of the state revealed the presence of excellent forests on private lands. It was realized that the private sector can contribute considerably to the production of timber and firewood. Around this time a visit by the PCCF to Finland, Sweden and Brazil revealed the importance of the private sector in forestry. In Scandinavian countries much of the forests are owned by the private sector. After his return the officer made efforts to promote the involvement of the private sector in forestry. There was resistance to these policy changes within the Forest Department. However, in spite of this resistance, the Lok Vaniki Scheme of Madhya Pradesh was introduced in April 1999. The aim of the scheme was to encourage participation of the private sector in forestry (Raghavan and Srivastava, 2002).

7.2 The Lok Vaniki Scheme There was severe pressure on government forests of Madhya Pradesh from people living in nearby areas for firewood and timber. The State Government was concerned about protection of the government forests. There was potential for meeting part of this demand from private lands thereby relieving the pressure on private land. Moreover the private forests could also contribute to the production of timber and wood thereby contributing to the supply of these products and resulting in economic development. At that time the private forests were totally locked up due to a restrictive legal and policy framework. This created difficulties for the farmers for felling the trees on their forests and provided no incentive for the farmers to protect and conserve their land.

The Madhya Pradesh Lok Vaniki Scheme was approved in April 1999 by the State government cabinet of ministers. The scheme was introduced with the aim of involving the private forests in forestry sector. The scheme would have multiple benefits 89 including reduction of pressure on government forests, rehabilitation of degraded forests and amelioration of rural poverty and benefits to the environment. The scheme would encourage forestry by use of market-based instruments for sustainable management of forests. The scheme seeks to encourage involvement of private sector (farmers, traders and entrepreneurs) by providing suitable legal institutional and market environment. The major focus of the scheme was on promoting scientific management of neglected and degraded forests on private holdings. It also aims to encourage tree cultivation on areas unsuitable for agriculture that are barren and unutilized.

The main components of the Lok Vaniki Scheme are (i) increasing production of forest- based products outside government forests, (ii) creating an institutional framework for managing, supervising and monitoring forestry on non-forest lands, and, (iii) developing technologically improved plantation packages.

Initially working plans were envisaged for private forests in all districts. However later this provision has been dropped. Instead management plans are to be prepared for each plot of private forests (Raghavan and Srivastava, 2002).

7.3 The Lok Vaniki Act, 2001 The high powered committee formed to look into the legal requirements of the Lok Vaniki scheme noted that several acts and rules have bearing on the subject. These are:

 Madhya Pradesh Land Revenue Code, 1959  Madhya Pradesh Protection of Aboriginal Tribes (interest in Trees) Act, 1956  Indian Forest Act, 1927  Madhya Pradesh Forest Produce Transit Rules, 1961  Madhya Pradesh Forest Produce (Trade Regulation) Act, 1969  Madhya Pradesh Panchayati Raj Act, 1993  Madhya Pradesh Sales Tax Act, 1958

Since it was difficult to amend so many Acts, the committee suggested enactment of new legislation to take care of the requirement of farmers who own private forests. Accordingly the Madhya Pradesh Lok Vaniki Act, 2001 was declared. The Madhya Pradesh Lok Vaniki Rules were declared in 2002 for implementation of the Lok Vaniki Act (Raghavan and Srivastava, 2002).

The main provisions of the Lok Vaniki Act are as follows:

 Participation in the Act is voluntary and applies to lands that the owner has brought under scientific management by formulation of a management plan. It applies to private lands or village lands that the owner or the gram sabha intends to manage as a tree clad area. 90

 A chartered forester is appointed for each forest division. Chartered foresters are generally retired forest officers.  A private forest owner who is interested in participating in Lok Vaniki must make an application to the Deputy Conservator of Forests (DCF) of the division.  A management plan drafted by the chartered forester should be submitted to the Forest Department. The management plan shall recommend good management practices such as plantation, thinning, harvesting etc. depending on the site and vegetation.  The DCF shall approve the management plan in case of private forests with area up to 10 ha and the Chief Conservator of Forests (CCF) shall approve it in case of private forests with area more than 10 ha.  The procedures for permission to cut trees, permission to transport the produce and sell the produce shall be simplified as long it is in accordance with the management plan.  The fees for the chartered forester shall be 6% of the returns received from the first year’s harvest.  The owner shall have the option to auction the harvested timber and firewood at the forest depot in the course of a regular auction of the Forest Department. He shall have the option to conduct the auction himself.

Till 2002 the scheme was implemented in 11 districts, namely Dewas, Damoh, Siddhi, Hoshangabad, Narsinghpur, Seoni, Jabalpur, Mandla, Katni, Raigarh and Dindori. A survey was carried out in 6171 villages in five districts and 1196 farmers were identified with 4211 ha land holding. 105 management plans were prepared. Dewas District has been the most progressive district in implementation of Lok Vaniki.

District level farmers associations were established in several districts, starting with Dewas, to help in coordination of the scheme by providing backward and forward linkages and represent the farmers interests. Eventually a state level committee was formed representing four district level farmers associations.

A Lok Vaniki Coordination committee was formed in the state in 2001, chaired by the Chief Minister and including senior government officers, forest officers, subject experts and farmers representatives. It is responsible for development of policy, legal and institutional framework to facilitate scientific management of private forests.

In 1999 a total ban on felling was imposed by the Supreme Court in Madhya Pradesh in government and private forests. Though the ban had nothing to do with Lok Vaniki it proved to be a major setback to the scheme as the farmers felt cheated by the Supreme Court decision. Some of them were considering cutting of their forests and converting to agriculture. The ban on felling therefore might have had a counterproductive effect. Till 2002 the ban was still in effect though the learnt Chief Empowered Committee 91

(CEC) was sympathetic to the aims and implementation of Lok Vaniki (Raghavan and Srivastava, 2002). Though information is not available when the ban was revoked it is learnt that tree felling is allowed at present.

7.4 Rapid Evaluation of the Lok Vaniki Scheme The evaluation was carried out by interviewing the following persons:

 Four PFOs in Dewas District of Madhya Pradesh  Mr.Prem Patel, Secretary of Lok Vaniki Kisan Samiti, District Dewas  Mr.BS Annegiri, DCF, Dewas Forest Division  Mr. Hari Om Yadav, Forest Guard, Dewas Division

Owner’s opinion Lok Vaniki has been beneficial to them by simplifying the procedures for harvesting, transport and sale of their forest produce. It has promoted scientific forestry and motivated people to protect and maintain their forests. It has helped them economically by yielding additional income from sale of their forest produce. All of them were of the opinion that Lok Vaniki has definitely helped in protecting and improving quality of private forest.

Discussion with PFO in a young plantation Middle aged moderately dense teak forest

A variety of species are found on their land including Sajad, Haldu , Palas , Bhenda, Senjla , Anjan , Mahuwa, Rohak , Rinja , Khair , Mohona , Sipar , Bans , Kinsa. However plantations are mostly of teak since teak is a highly preferred species because of its high economic value.

Some problems were reported on implementation of Lok Vaniki. These were as follows:

 Joint survey by the Forest Department and Revenue Department took too long because of non-availability of concerned government employees.  Tree plantation was expensive so people demanded provision of free seedlings. 92

 Fencing of private forests was compulsory and it took a long time.  People want permission to cut more trees but the management plan gave permission to cut only a limited number of trees.  Tribal people were required to take collector’s permission to cut trees. This is a rule introduced to ensure that they do not get fooled by contractors. However permission from collector’s office needs many visits and takes a long time, which tribal people cannot afford.  There are delays in administration of Lok Vaniki such as survey of land at the beginning, getting passing hammer for transportation of timber, receipt of money after auction etc.  The regular staff of the Forest Department is involved in administration of Lok Vaniki and it creates delays in its implementation. Separate dedicated staff should be appointed for Lok Vaniki.  The management plans provide for tree cutting every year. However it is not economical to harvest a few trees every year. The owners request that tree cutting should be carried out about three times in 10 years.

7.5 Other information about Lok-Vaniki and Lok Vaniki Kisan Samiti It was learnt that in one district of Madhya Pradesh some people had cut trees from the forest and tried to pass them off as trees cut under Lok Vaniki Scheme. Because of thi case Lok Vaniki Scheme was stopped in 2008 and started again in 2010. Now, in the state of Madhya Pradesh, Lok Vaniki scheme is only being implemented in Dewas District.

Associations, called Lok Vaniki Kisan Samiti, were established in Dewas, Harda, Lok Vaniki District Association Office, Dewas Hoshangabad, Sidhi, Sehore, Damoh, Hoshangabad, Balaghat Districts to represent PFOs. Elections are held every 3 years. Dewas Lok Vaniki Samiti has a membership of 500. In Dewas District there is about 4000 ha private forest of which about 2000 to 2500 ha is under Lok Vaniki. About 600 management plans have been approved so far in Dewas District. All of them have been made by one retired forest officer who is an approved Chartered Forester in that District.

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7.6 Discussion The Lok Vaniki Scheme has been started in Madhya Pradesh with the good intention of providing motivation to farmers for conserving their private forests. The results so far prove that the profit from sale of timber is sufficient motivation for protection of private forests by owners. Many of the provisions of the Loka Vaniki scheme can be considered for implementation in the Maharashtra Western Ghats.

References Government of Madhya Pradesh, 2001. The Madhya Pradesh Lok Vaniki Adhiniyam, 2001, No. 10 of 2001.

Government of Madhya Pradesh, 2002. The Madhya Pradesh Lok Vaniki Rules - 2002. Bhopal.

Raghavan S and P. Srivastava, 2002. New Hope for Private Forestry: Policy and Practice of Lok Vaniki in Madhya Prdesh. Ecotech Services (India) Pvt. Ltd. New Delhi.

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Chapter 8 Conservation Model Based on Sustainable Harvesting of Forest Produce

By Jayant Kulkarni and Prachi Mehta

8.1 The Concept of Internal Incentives External incentives are a well known and often discussed mechanism for bringing about desired changes in management practices. A good example is the reduction in emission of greenhouse gases through the incentives provided via the carbon market. Other examples are payment for ecosystem services of various kinds and through varying mechanisms. A review of the Clean Development Mechanism (CDM), Voluntary Carbon Market and Payment for Ecosystems Services in context of Private Forests is presented in Chapter 9.

We define here the concept of internal incentives. Internal incentives are defined as those services, benefits and monetary returns that are self generated within the land by the owner and not from an external sources. A prime example of this is agriculture wherein the farmer grows crops, which acts as an internal incentive for him continue doing agriculture. All economic activity is based on internal incentives. The reason private forest owners (PFOs) don’t manage their forests well is because they do not receive sufficient internal incentives from conservation of their forests. Instead they receive more incentives from their present management system through the stream of goods that they receive including wood sale, firewood for personal use, brushwood for rāb, pasture etc. These incentives are internal, i.e. they are generated within their lands. Theoretically if they received higher internal incentives from conservation of their forests they would conserve their forests. The good news is that it is possible to generate higher internal incentives from sustainable use of their lands, than the unsustainable practices followed at present, through scientific forestry. If this is the case then PFOs should be willing to conserve their forests by adopting scientific forestry. The basics of scientific forestry and its relevance for private forestry is discussed in the following sections.

8.2 Scientific Forestry as Basis for Sustainable Use Model Utilization of forest produce and profits thereof can be an important incentive for conservation of private forests. The primary product categories in this respect are 95 timber, fuelwood, NTFP, spices, medicinal plants and bamboo. Timber and fuelwood is the primary produce. At present extraction of other produce is negligible. In the following sections the various products and their potential is discussed.

Total protection of private forests is the ideal situation and is likely to provide the desired level of protection for conservation of private forests. However total protection is unworkable in many situations because the owners expect some goods, services and profits from their lands. They also have some essential needs, such as firewood, that they may expect to receive from the lands on a sustained basis. Hence some kind of sustainable use is the best solution for conservation of private forests. Scientific forestry is the best alternative for conservation of private forests.

At the outset it is useful to understand the meaning of forestry. Sagreiya (1971) defines forestry as the theory and practice of all that constitutes the creation, conservation and scientific management of forests and the utilization of their resources. Forestry in short means production of wood from forests, including timber and firewood. By this definition even the present practice of clear-felling the forests on short rotation cycles is a form of forestry. However this practice is neither scientific nor sustainable. Hence it gives poor returns to the owners and degrades the vegetation as well the land.

Management of forests on principles of scientific forestry has the potential to provide benefits to the owners that are higher than what they are receiving at present. Scientific forestry is sustainable as well as profitable.

Silviculture is the art and science of cultivating forest crops. Silvicultural system is a method of silvicultural procedure worked out in accordance with accepted sets of silvicultural principles by which crops constituting forests are tended, harvested and replaced by new crops of distinctive forms (Sagreiya, 1971, pp 95:102).

Several silvicultural systems are practiced. Two important and commonly implemented systems are Clear Felling System and Selection System. The third system, which is commonly practiced in India is the Coppice System. Several variations of these basic systems are practiced.

In the Clear Felling System most or all the trees on the plot are felled at time of harvesting. It is relatively simple to implement. It is economical because it is easier to transport all the forest produce at one time. However it is a non-conservative system and exposes the soil to the elements and causes soil erosion on steep terrain. It is not a suitable system in hilly regions. The bulk of the profits are obtained at the end of the rotation cycle, which is often more than 60 years if large timber is an objective. Hence it is not always suitable for PFOs with small land holdings.

The Selection System is a silvicultural system wherein trees are cut only when they grow to their exploitable girth. The exploitable girth is the specified girth, variable from 96 species to species, at which maximum profit is obtainable if the tree is felled. The exploitable girth is determined from scientific studies of the growth of trees. Trees are felled in a felling cycle, which may be anywhere from 5 to 15 years. Only trees larger than the exploitable girth are felled and only a certain percentage of the trees are felled at a time. The Selection System is a conservative system. The land is never fully exposed hence soil erosion is minimised. The cost of harvesting the trees is higher since only a percentage of the trees is felled at a time. Therefore returns are lower than clear- felling system. The Selection System is a good silvicultural system for hilly regions such as the Western Ghats. The Selection System provides a near natural habitat for wildlife that replicates natural forest. Hence it is a good silvicultural system for biodiversity conservation.

8.3 Other Compatible Activities Other compatible activities are also possible that can yield additional income to the land owner. Some of these are bamboo cultivation, medicinal plant extraction, NTFP-spices-fruits and bee keeping. While keeping forestry as the principle management practice in these forests the other activities can be integrated into the overall management of the forests according to the capability and inclination of the owner. Hirda fruits are used in ayurvedic medicine

Bamboo is a native plant in the region. It also has considerable potential for yielding income in a short period. Regular income from bamboo may be available within a period of 4 to 5 years. Therefore bamboo cultivation should be carried out in gaps in the private forests. Bamboo species that have potential are Dendrocalamus brandisi, Oxytenanthera ritcheyi, Bambusa arundinacea (Kalak) etc.

Medicinal plant extraction is a use that is compatible with private forestry. Medicinal plants include herbaceous plants as well as various parts of woody plants such as trees, climbers and shrubs. Commonly extracted medicinal plants in this region are Asparagus racemosa (shatavari), Terminalia belerica (hirda). NTFP species and spices commonly extracted include Acacia concinna (shikekai), Cinnamomum tamala (tamal patra). Fruits that are commonly found include Syzygium cumini (jambhul), (kokum), (karvand). Artocarpus heterophylla (fanas), Garcinia indica (kokum) and Mangifera indica (amba) are commonly cultivated fruit trees in the region. 97

Honey collection is a common activity in the region. However bee keeping is not common except at a few locations such as Mahabaleshwar and Fonda. Bee keeping can give additional income to practitioners. It requires regular attention and maintenance.

8.4 Obstacles to Scientific Forestry In spite of the considerable potential of scientific forestry it is hardly practiced in the study area. The reasons are found in the questionnaire survey carried out in this study.

Firstly PFOs do not have any knowledge in scientific forestry and its benefits. They only know of the unsustainable forestry practices they are following at present. Some basic forestry practices are fairly simple and low cost. Almost all PFOs we interviewed equated forestry with plantation. The PFOs imagine that they will have to cut the existing trees and plant high yielding-high value timber species and spend considerable money on irrigation facilities. The poorer individuals among them have very limited financial resources because of which they cannot even invest minimum management inputs in their lands, such as tending their forests. Many of them have a manpower crunch since the younger members have migrated to Mumbai and the older members staying in the village do not have the time and energy to manage the forests. In some cases they are also dependent on the goods and services they receive from the forests and would not like to lose them.

Assuming these constraints are addressed, some PFOs have a fear of the various laws that regulate private forests and are afraid of their forests being acquired or being included in identified forests, which puts severe limitations on the activities that they can carry out. The present government policies also are very discouraging of forestry and create a series of obstacles for harvesting, transport and sale of wood from private forests.

The solution to the above issues is education of the PFOs. They need to be informed about the benefits of scientific forestry and educated about the basic practices of forestry. There is a lack of demonstration projects on scientific forestry. In absence of this there is likely to be misunderstanding about the nature of forestry. They don’t ascribe much economic value to the existing natural forests on their land. This attitude has to be changed and that will be best achieved by establishing demonstration projects on sustainable forestry.

Forestry as an economic activity has a long gestation period. PFOs often do not have the staying power or motivation to wait for a couple of decades to get benefits from forestry. We believe this may be alleviated to an extent by promoting bamboo cultivation because of its short gestation period.

Educating the PFOs in these practices is likely to be a very slow affair, given the huge extent of the region and the lack of a government department to carry out such 98 education. The rate of acceptance of these practices is also likely to be slow given the inherent resistance of the owners and their lack of faith in an unknown technology. The government has to take cognizance of these and take policy decisions promoting and encouraging forestry. The current policies are exactly the opposite. They discourage private forestry and put several disincentives on practice of forestry.

8.5 Changes in Forest Management Practices and their Likely Impacts Based on the foregoing discussions and the rapid assessment of private forests in Chapter 8 we have identified the following package of management practices that will help in conservation of private forests:

i. Increasing the length of rotation ii. Changeover from clear-felling / coppicing to selection felling iii. Thinning congested stands iv. Tending freshly cut areas by removing climbers and dressing stumps v. Singling multiple coppices vi. Plantation on barren areas vii. Discontinue lopping for rāb cultivation

It may be conjectured that implementation of these management practices will reduce the production of firewood and timber. It is true that a decrease in production is likely in the initial years of implementation of these practices when felling is temporarily halted. However the forests will grow and put on biomass. In the long term there will be an increase in the production because the forests will be maintained in a more productive state than at present. The period that will be required for this will depend on the rotation age and the exact management regime that is adopted, and will vary from plot to plot.

After practicing forestry in a scientific manner PFOs will come to know the species of economic importance and high value, including timber, medicine, spice, fruit or other NTFP. It is possible that they may try to selectively increase the percentage of these species by planting them or encouraging them by silvicultural practices such as selective removal of other species. This will result in changes in composition of the forest. Such changes are, to an extent, unavoidable in the long run. Their impact will not be significant if they are practiced on a small scale. However efforts should be made to minimize plantation of exotic species if biodiversity conservation is an objective.

8.6 Dynamics of Timber and Firewood Production in the Study Area The Western Ghats of Maharashtra do not boast of many high value timber species. Teak is found in the moist deciduous and dry deciduous forests on the foothills and plains on the eastern and western side of the Western Ghats. Other timber species such 99 as java plum, mango, jack, Terminalia species etc. have lower timber value. Nevertheless they are useful for simple low cost furniture for local use. Wood of almost all species can be used as firewood. Firewood for personal use is obtained by cutting bushes, cutting small trees and lopping branches of trees. When private forests are felled the larger trees are cut for timber and their branches are kept for firewood. If the trees are small then the entire tree is converted to firewood.

In all districts firewood is mostly sold in nearby towns and cities. It is sold to firewood retailers or to industries for use in their boilers. In Satara, Sangli and Kolhapur Districts timber production mostly consists of small timber and is sold in nearby cities. Tree felling in Sindhudurg and Ratnagiri Districts produces large timber. Besides sale in nearby cities a substantial percentage of this timber is also transported to State.

The entire process of getting permission for tree felling, actual felling, transportation and sale is normally done by a contractor. The PFOs have contacts with local contractors with whom they make arrangements. The contractor is an important link in the harvesting of private forests and also an important stakeholder in the process.

Timber felling is regulated by the The Maharashtra Felling of Trees (Regulation) Act, The Land Revenue Code, 1966 and The Maharashtra Land Revenue (Regulation of Right to Trees etc.) Rules, 1967. The owners have to apply to the Tree Officer (Range Forest Officer) for felling scheduled trees given in Private Tree Felling Act. For other trees the owners have to apply to the Revenue Department. There are differences in procedure from one district to another. A general flow chart of the procedure for applying for permission to fell trees on private land is given in Appendix 3. The applicant is made to shuttle between the Revenue and the Forest Department. The process is cumbersome and time consuming (Appendix 3) and gives ample opportunity for corruption.

8.7 Economic and Ethnobotanic Species Reported During the Questionnaire Survey A large number of species were reported by local during the questionnaire survey in the study area. People reported species having local use as well as economically valuable species. The categories in which information was collected included timber, fruit species, medicinal plants, spices and other miscellaneous species. The list of species is given in Table 8.1 with their reported uses. Firewood is collected from almost all species so names of firewood species were not collected during the interview.

Several fruit species were reported during our survey, some of which were horticultural species not occurring in forests. Only the native fruit species found in the area are given in Table 8.1. Cashew, though a cultivated species is also included because it is hardy and quite common in the region. 100

A large variety of medicinal plants was reported during the survey of private forests. Some of these are common and quite well known. They are collected as NTFP such as Hirda, Behda, Shatawari, Awla and Wavding. Others were known only to medical practitioners and knowledgeable persons. Many other medicinal species are likely to occur in private forests of the region but were not reported because they are not commonly known.

The number of spice plants reported was relatively limited and included well known spices such as cinnamon, tamalpatra, nutmeg, pepper and tirfal.

Table 8.1: List of Plant Species in the Study Area with their Uses Species Common Timber/ Fruit Medicine Spice Other Name Wood Acacia auriculiformis Acacia + Terminalia elliptica Ain + Memecylon Anjan + umbellatum Bhoram + Fanshi + Terminalia bellerica Behda, Hela + A. heterophylla Fanas + + Syzygium cumini Jambhul + + + Kalam + Bridelia retusa Katak + Acacia catechu Khair + Terminalia paniculata Kinjal + Careya arborea Kumbha + Azadirachta indica Kadulimb + + Acacia mangium Mangium + Mangifera indica Amba + + Lagerstroemia Nana + microcarpa Naram + Eucalyptus sp. Nilgiri + Tectona grandis Sag, Sagwan + Dalbergia latifolia Shisam + Gmelina arborea Shiwan + Grewellia robusta Silver + C. equisetifolia Suru + Ficus racemosa Umbar + + H. quadriloculare Waras + Fanshi + Emblica officinalis Awla + + Anacardium Kaju + occidentale Jambha + Carissa carandas Karvand + 101

Species Common Timber/ Fruit Medicine Spice Other Name Wood Garcinia indica Kokum + Zizyphus rugosa Toran + Tamarindus indica Chinch + Meyna laxiflora Alu + Badam + Dombal + Krushna Alu + Tuti + + Gomata + Dhayti + Terminalia chebula Hirda + N. nimmoniana Narkya + Rameta + Acacia concinna Shikekai + + Wavding + Adulsa + Anantmul + Apta + Ashwagandha + Gavti Chaha + Haval + Murraya koenigii Kadipatta + + Gloriosa superb Kal Lavi + Kesh Awla + Aloe vera Korfad + Krushna Alu + Limbara + Maka + Asparagus racemosa Shatavari + Abhay + Bharang + Chirfal + + Dhavas + Garudwel + Ghansari + Ghaypat + Kuda + Malebandh + Narvel + Nataknar + Nirgudi + Nivdung + Pangara + Parijat + Parushi + Sarpagandha + 102

Species Common Timber/ Fruit Medicine Spice Other Name Wood Sher Dodka + Sweet Erand + White Kuda + Amti + Engal + Hadki + Kangane + Kaper Bhendi + Katehasan + Padwal + Padkul + Ranbhendi + Ringi + Satwin + Clove + Dalchini + Jayfal + Pepper + Cinnamomum tamala Tamalpatra + Tirfal +

8.8 Bamboo Cultivation Several species of bamboo are found and some are cultivated. The present distribution of Bamboo is variable and is influenced by edaphic factors, climatic factors and historical land use. Bamboo is more common in the Konkan zone and less so in the Deccan side of the Western Ghats. Many bamboo species start yielding income within 4 to 5 years. Therefore bamboo has great potential for motivation of PFOs by yielding quick returns. The main species of bamboo found in the area and their description are given in Table 8.2. Other species of bamboo are Manvel and Chivli.

Table 8.2: Common bamboo species recommended for planting in the project area Species Common name Description Climate and Distribution Oxytenanthera Mes, Dagdi Small bamboo Moist localities in stocksii Konkan and Pseudoxytenanthera Chiwa, Huda, Manga Small bamboo Moist localities in ritcheyi Konkan, Goa and Karnataka Dendroclamus Bamboo Medium sized Dry to moist strictus bamboo deciduous forests Dendrocalamus - Large bamboo Northeastern states hamiltonii 103

Species Common name Description Climate and Distribution Dendrocalamus - Large bamboo Moist climate brandisii Bambusa Kalak, Katang, Katas Large bamboo with Western Ghats arundinacea spines Bambusa balcoa Kondya mes Western Ghats Bambusa Eastern India polymorpha Bambusa variegata Eastern India Bambusa striata Yellow bamboo All over India Bambusa vaulgaris All over India Bambusa tulda Northeastern states

8.9 Cane Cultivation Cane is a category of climbing palms, generally with spines to enable them to climb. The species found in India belong mostly to the genus Calamus. Canes are found in moist forests. They have great economic value and they are used for making furniture and variety of other useful items and handicrafts. In the study area canes are relatively common in the tall and dense forests found on the slopes of the Western Ghats. They are relatively less common in the eastern slopes, where the forests are relatively stunted but are found in some of the well sheltered pockets where the forests are tall and rainfall is sufficient. Canes have a long maturity period requiring several years to grow to harvestable stage. They can only be cultivated in shade and suitable localities having tall mature forests with adequate rainfall. Some of the cane species recommended for cultivation in Maharashtra are: Calamus brandisi, C. dransfieldii, C. gambeli, C. hookerianus, C. Karnatakensis, C. lassiferus, C. lakshmani, C. medzianus, C. nagbetti, C. prezinus, C. pseudotenuis, C. rotang, C. stoloniferus, C. thwaitesi, C. travancoricus, C. vettaila.

8.10 Honey Production Honey production is an activity that is compatible with private forests. Honey can be produced by collection of beehives from the forests or by bee keeping by the villagers. Bee keeping is a low labour activity and can be managed by an hour or two of attention every day. If more bee hives are kept then more time is needed. Initial training is required for the practitioner. Also some investment is necessary. A bee box needs to be purchased. Secondly equipment such as centrifuge for honey extraction is needed. Ideally this activity should be done in a group so that the villagers can share the expenses.

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8.11 Supporting Organisations and Resource Centres Social Forestry Department

The Social Forestry Department is responsible for promoting tree plantation and tree cultivation on private lands. The Social Forestry Department has several schemes for tree plantation on degraded land. The Department provides financial support for and the owner is responsible for tree plantation and care and maintenance of the plantation. The installments are paid in an annual manner conditional on survival of the plantation. The National Bamboo Mission implements its bamboo plantation schemes through the Social Forestry Department. The PFOs can take advantage of the schemes and carry out tree plantation on blank or low density patches on their private forests. The owners have the flexibility of planting any species of their choice and procuring the plants from any source that they want to.

The Social Forestry plantations are oriented towards farm forestry and not towards plantations on private forests. Some of their schemes are also somewhat rigid in terms of density plants and choice of species. For example most schemes are meant for treeless lands. However many areas in Western Ghats are degraded forest with gaps in between tree covered patches. More flexibile schemes are needed for this.

Biodiversity conservation is not one of the objectives of Social Forestry Department. Therefore its nurseries have limited range of local native species. This should be corrected and native species should be made available in its nurseries.

The Social Forestry has central nurseries in each district where plants are sold for plantation. The Social forestry Department also provides guidance for raising of seedlings, setting up nurseries, tree plantation and preparing plantation plans and estimates.

The Social Forestry Department can play a major role in conservation of private forests if the Department reorients itself in terms of its mission, objectives and strategies and includes conservation of private forests as one of its goals.

Revenue Department and Forest Department

Under the The Maharashtra Felling of Trees (Regulation) Act, 1964 permission for felling scheduled trees needs to be obtained from the designated Tree Officer who is Range Forest Officer of the concerned area in case of 18 scheduled tree species (25 in Sindhudurg District). For other species permission is needed from the Revenue Department under the Maharashtra Land Revenue Code, 1966. The procedure for getting permission for tree felling is a a very complicated affair (Appendix 3). These procedural issues are a barrier for adoption of forestry as an economic activity by PFOs. 105

There is a strong case for simplifying and streamlining permissions for tree cutting. Ideally permissions for tree cutting should be with one department, preferably the Forest Department. At present permission for tree cutting is needed from Tree Officer for 18 scheduled species (25 in Sindhudurg District) in Private Tree Felling (Regulation) Act, 1964. Instead permission should be needed for all trees but it should rest with one authority.

Streamlining tree cutting procedures is one of the steps that will help to motivate PFOs towards scientific forestry. This should be linked to other schemes actively promoting scientific forestry.

Resource Centres for Training in Honey Production

Central Bee Research Institute, Pune conducts several different training courses for honey collection and bee keeping. A small fee is charged for the training courses. Trainings range in duration from five day for the introductory curse to six months for a Diploma course. Stipend is provided to the candidate for the longer courses.

The District Industrial Training Centre at Satara conducts trainings in honey collection and bee keeping. The faculty members make field visits for conducting introductory lectures. A 10-day course is conducted for farmers and a 25-day course is conducted for Centre In charge. A course is also conducted for NGOs interested in establishing honey collection centres.

Resources persons from Keystone Foundation at Chennai also are willing to visit the field site for conducting courses in bee keeping. However the Foundation is not active in Maharashtra.

Medicinal Plant Resource Centres

Dapoli Agricultural University (DAU) has several resources persons in medicinal plants. The University and its faculty have published simple books on medicinal plants. Seedlings of forest trees, horticultural plants and medicinal plants are available for sale at their nurseries. DAU also gives guidance for cultivation of medicinal plants.

Medicinal Plants Conservation Centre, Pune (MPCC) promotes cultivation of medicinal plants, especially in village backyard gardens. It has popularised the concept of Dashmul wherein ten species of important medicinal plants are planted in the backyard gardens. The MPCC provides guidance for cultivation of certain medicinal plants.

The Maharashtra State Medicinal Plants Board has been established for encouraging production of medicinal plants. It provides 50% subsidy for cultivation of priority medicinal plant species. These are Saraca asoka, Aegle marmelos, Gmelina arborea, Gloriosa superba and Rauwolfia sepentina. 20% subsidy is provided for cultivation of Hemidesmus indicus, Terminalia arjuna, Centella asiatica, Tinospora cordifolia, Piper 106 longum, Cholorophytum borivillianum, Arparagus racemosa, Embelia ribes, Cinnamomum zeylanicum.

Ayurvedic practitioners meet once a week at office of ayurvedic practitioner Dr. Khadivale (Khadivale Vaidya). Traders in medicinal plants gather at this venue and take orders from the ayurvedic doctors present at the meeting. This meeting therefore becomes a weekly trading market between buyers and sellers. Similar informal arrangements exist at various places.

Tree Cutting Contractors and Market Linkages

Tree cutting contractors play an important role in the current system of harvesting and sale of private forests. They facilitate the process of obtaining permissions from the Revenue and Forest Departments, carry out felling and harvesting of the trees, and transport and sell the wood produced from harvesting. Tree cutting contractors are often looked at as enemies of conservation. Some of them in fact do indulge in malpractices such as excess cutting of trees beyond the permitted number and illicit felling of trees from reserved forest under guise of private forests. They also corner the profits of tree cutting and pass on very little to the owners.

However it should be realized the corrupt tree cutting contractors are the product of a corrupt system. On the flip side they provide a useful service to PFOs by helping them to harvest the tree crop on their private forests. In future also they will continue to form an important link in the sustainable utilization of private forests and its conservation. Any endeavour for scientific forestry on private forests should include tree cutting contractors. A program for biodiversity awareness and capacity building should include tree cutting contractors.

Market linkages are necessary for sale of forest produce from private forests. The need for market linkages will arise at a later stage when sufficient forest produce is available form private forests. Since tree cutting contractors are businessmen they can help to provide the necessary market linkages.

References Sagreiya, 1971. Forests and Forestry, 2nd revised edition, 1971. Published by The Secretary, National Book Trust, India, New Delhi. Page 1

Somanathan E, 2011. Incentive-Based Approaches to Nature Conservation. Commissioned paper submitted to Western Ghats Ecology Expert Panel established by Ministry of Environment and Forests, Government of India.

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Chapter 9 External Incentives for Conservation of Private Forests

By Divya Narain and Jayant Kulkarni

9.1 Introduction In Chapter 8 we defined the concept of internal and external incentives and specifically discussed scientific forestry as the basis of a conservation model based on internal incentives.

Incentive-based approaches to conservation are those that seek to motivate local users to modify their land use in ways that are compatible with conservation. Somnathan (2011) identifies various such mechanisms including restrictions and prohibitions (disincentives), taxes (disincentives), direct payments, allocation of rights on revenue streams, subsidies and direct payments. In this chapter we discuss models based on external incentives. Specifically, we discuss two direct payment models and their feasibility for conservation of private forests. We present the basics of the two concepts and the mechanisms for their use in protection of private forests.

9.2 The Business as Usual Scenario The Northern Western Ghats have large tracts of forest land under private ownership. The study area (i.e. the five districts of Maharashtra state that form part of this study) alone has about 12000 sq.km. of private forest which remains uncultivated as the topography makes cultivation economically unviable. This private land thus harbors secondary forests of varying densities. In absence of market signals for conservation, landowners harvest these forests for fuelwood, adopting unsustainable practices for quick returns. For example, the rotation cycle for clear felling is sometimes as short as 5 years. In more agriculturally amenable areas, shifting cultivation is practiced by many landowners.

Provisions of the Land Revenue Code, 1966 and the Maharashtra Felling of Trees (Regulation) Act, 1964 require private landowners to get permission from the Government before felling trees on their land. However this provision is not effective in controlling tree cutting because the owners are not given any incentives to conserve forests. Hence clear-felling on short rotation cycles continues rampantly and permission process is manipulated to get desired permissions. 108

Burning of rāb (brushwood) to prepare the land for paddy cultivation is another unsustainable practice that the landowners engage in. The result of such myopic harvesting practices is that the majority of the forest is in a state of severe to moderate degradation.

9.3 Improved Forest Management: A Feasible Option The landowners in the study area depend on the forest not for subsistence but mainly for augmenting their income and occasional emergency expenses. Many households have a male member employed in the nearby metropolis of Mumbai. They also derive a significant portion of their income from agriculture on the cultivable part of their land. It is therefore reasonable to assume that it will not take a huge incentive to tip the balance in favor of improved forest management.

As stated in Chapter 8, we have identified a package of forest management activities feasible for the study area:

i. Increasing the length of rotation ii. Changeover from clear-felling to selection felling iii. Thinning of congested stands iv. Tending of freshly cut areas by removing climbers and dressing stumps v. Singling of multiple coppices vi. Plantation of barren areas vii. Control of lopping for rāb

9.4 Carbon Offsetting through Improved Forest Management The aforesaid improved forest management activities lead to increased carbon sequestration by the forests and this service of Green House Gas (GHG) removal can be sold in the form of tradable units called carbon credits (Certified Emission Reductions or CERs in the case of compliance market and Voluntary Emission Reductions or VERs in the case of voluntary market and each representing GHG removal equivalent to 1 metric tonne of CO2 i.e. CO2e) to organizations who wish to offset (compensate for) their own emissions. The proceeds from the sale of carbon credits can potentially be an inducement for landowners to adopt the proposed improved forest management practices.

Landowners must demonstrate that the emission reductions are real i.e. they must provide strong evidence that their activities will actually result in GHG removal. This is done by registering the improved forest management activities as carbon offset projects as per carbon offset standards such as Clean Development Mechanism (CDM) or Verified Carbons Standard (VCS) in the Agriculture, Forestry, Land Use (AFOLU) category. Private ownership of the forests and secure tenure rights make the study area 109 ideal for project-based carbon trading. Various carbon offset standards that prescribe good practice for project development exist in the compliance and voluntary markets.

In the compliance market, the Kyoto Protocol, a protocol to the United Nations Framework Convention on Climate Change (UNFCCC) governs the development of carbon offset projects. The CDM is a flexibility mechanism of the Kyoto Protocol that allows Annex-I countries (developed countries) that are signatories to the Protocol to meet their compliance targets using credits generated by offset projects implemented in non-Annex I countries (developing countries). However, under CDM only Afforestation and Reforestation (A/R) activities are eligible in the AFOLU category. Thus the proposed improved forest management activities (also called Sustainable Forest Management in climate change parlance) of the present study are ineligible for registration under CDM.

The first commitment period of the Kyoto Protocol is set to expire in 2012. With the end of the first commitment period, a new international emission reduction framework will have to be negotiated. Forestry projects are set to take a whole new avatar in the form of REDD+ in the post-2012 emission reduction regime. In 2007 (COP 13) in Bali, the parties to the UNFCCC accepted the principle of REDD+, which is a mechanism for providing incentives for ‘reducing emissions from deforestation’ (RED), ‘avoided degradation’ (the second D), and ‘enhancement of forest carbon stocks’ (the +). Sustainable Forest Management (or SFM), along with conservation, and afforestation/reforestation activities, comes under the ‘enhancement of forest carbon stocks’ category.

The Energy Research Institute (TERI) is carrying out several pilot projects for to serve as models for implementation of REDD+. The Ministry of Environment and Forests has established a REDD+ cell to oversee the negotiations and implementation of REDD+. State Governments have been asked to submit proposals for seeking funds under REDD+. The Central Government will act a conduit for channeling funds from the buyers to the sellers, who, in this example, will be the joint forest management committees (Yogesh Gokhale pers. comm.).

The Bali Action Plan states that a ‘comprehensive approach’ for climate change mitigation must incorporate ‘policy approaches and positive incentives on issues relating to reducing emissions from deforestation and forest degradation in developing countries; and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries’. A number of negotiating parties support the inclusion of sustainable forest management in REDD+. However, whether sustainable forest management projects will be included in the forest carbon category is yet to be negotiated by the parties to the convention and is an unknown quantity at present. Therefore this chapter concerns only with the voluntary market. 110

The voluntary carbon markets function outside of the compliance market. They enable businesses, governments, NGOs, and individuals (in both developed and developing countries) who voluntarily seek to offset their emissions to do so by purchasing carbon credits that were created as per voluntary standards. Projects implemented as per voluntary standards entail fewer transaction costs than CDM or other compliance market standards. Voluntary markets also serve as a niche for micro projects that are too small to warrant the administrative burden of CDM or for activities currently not covered under compliance schemes.

The main voluntary standards that were found to be applicable for developing AFOLU carbon project in the study area include:

Verified Carbon Standard (VCS): VCS is the most widely-used voluntary carbon standard. It focuses only on GHG reduction/removal and does not require projects to have additional environmental or social benefits.

Plan Vivo: Plan Vivo is standard for certification of small scale AFOLU projects with a focus on promoting sustainable development and improving rural livelihoods and ecosystems.

VER+ This is another standard that focuses only on GHG reduction/removal and does not require any co-benefits

9.5 Carbon Offset Project Development Figure 9.1 represents the main steps involved in carbon offset project development.

Each voluntary carbon standard has various approved methodologies in place that offer detailed steps for project design and implementation.

For example VCS approved ‘Methodology for Improved Forest Management through Extension of Rotation Age addresses the following issues in a step-wise manner.

 Determination of Baseline Scenario  Additionality Test  Calculation of net GHG emission/removal in Baseline Scenario  Calculation of net GHG emission/removal in Project Scenario  Leakage Management  Net GHG Removals by Sinks  Monitoring of project implementation

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Figure 9.1: Voluntary Carbon Offset Project Cycle

Project Design

Project Validation Development Phase Registration

Implementation

Monitoring

Project Verification Implementation

Phase Certification and Issuance of VERs

Monetization

In case methodologies suitable for the proposed project activity do not exist, the project proponent can also develop a new methodology to suit the project and get it approved by the standard.

Some of the project development issues pertinent to the present study area are discussed below:

Baseline Scenario: This is the scenario that represents net GHG emission that would occur in the absence of the proposed project activity. In the present study, the baseline scenario is unsustainable extraction of fuelwood from the private forests.

Size: Carbon standards do not have a minimum or maximum size limitation for projects; they simply classify projects as micro-scale, small-scale and large-scale. For example, VCS classifies projects into 3 categories based on their size:

 Micro projects: under 5,000 tCO2e per year

 Projects: 5,000–1,000,000 tCO2e per year

 Mega projects: greater than 1,000,000 tCO2e per year

However, it is for the project proponent to see how much land to be brought under the project such that the project becomes financially viable. It is important that the cost incurred on the project (both implementation and registration costs) is less than the 112 revenue generated by the sale of carbon credits. The revenue from carbon credits is a function of the number of credits generated and the market price of carbon credits. The number of credits generated depends on a host of factors including forest type (in the present study area, it is dry deciduous and moist deciduous), activity type, leakage etc. and requires calculation of tCO2e sequestered per year using methodologies provided by the carbon standard.

The market price of carbon keeps fluctuating depending on the demand which varies with climate change policies and policy negotiations. However, general price range of carbon credits developed under various standards is available:

VCS – VCS carbon credits called Verified Carbon Units (VCUs) are traded at €5 to €15 / tCO2e

Plan Vivo - Plan Vivo certificates are traded at €2.30 - €9.50 / tCO2

VER+ - VER+ offsets are traded at €5 to €15 / tCO2e

Fees: The fee for registration of the project under a particular standard varies with the project size. Under VCS, the registration fee for each VCU issued is 0.04 Euros. The fee under VER+ ranges from 5,000 to 15,000 Euros. The Plan Vivo Foundation currently charges no validation fee but takes a levy of USD 0.30 per Certificate issued.

Crediting Period: This is the period during which project can generate carbon credits. For example, VCS crediting period for forestry projects is the same as the life of the project, with a minimum of 20 years and a maximum of 100 years. Under VER+, the maximum crediting period for forestry projects is 50 years

Additionality: Additionality in the carbon markets refers to the requirement that reductions in emissions are additional to any that would occur in the absence of the certified project activity. In other words, the project developer needs to demonstrate that the project activity wouldn’t have happened anyway and the monetary benefit expected to accrue from the sale of carbon credits has tipped the scales in favor of the project activity.

In case of the present study area, additionality is easily demonstrable because in a business as usual scenario, the landowners will continue to unsustainably harvest their forests. In other words, the revenue from the carbon offsets will be a decisive reason for implementing a project. The extra revenue from carbon offsets will make improved forest management (which is presently unprofitable for landowners) profitable.

Permanence: An added complication associated with AFOLU projects is permanence. Unlike in other sectors such as energy, industry and transport, carbon sequestration in the AFOLU is reversible. The carbon sequestered by the vegetation can be released back into the atmosphere due to natural and anthropogenic factors such as fires, floods, 113 droughts, disease, pests, encroachment, government, expropriation of land etc. Thus forestry-based projects run the risk of non-permanence. Different certification standards use different methods to manage this risk. For example under VCS standard, non-tradable buffer credits are maintained in an AFOLU Pooled Buffer Account to cover the risk of unforeseen losses in carbon stocks. The number of credits to be deposited in the AFOLU pooled buffer account is determined using AFOLU Non-Permanence Risk Tool.

Leakage: Leakage is an important risk AFOLU project developers are required to manage. AFOLU project activities (in this case, improved forest management) seek to reduce the supply of biomass (timber and fuelwood) without trying to reduce the demand. Such projects run the risk of leakage i.e. the shifting of demand of biomass outside the project boundary. This happens in two ways:

Activity-shifting – on imposition of restrictions on procuring biomass from the project area, forest- dependent communities start procuring biomass from other areas

Market leakage – when the project curtails the supply of biomass (fuelwood) to the market, the pressure on other forests increases

In the present study the landowners depend on the forests for part of their biomass needs and the rest is sold. The carbon offset project implementation will lead to market leakage. Once a group of landowners adopt improved forest management practices the amount of fuelwood available for sale will go down in the immediate future. The local contractors (who sell the fuelwood in nearby towns and cities at a distance of 30 to 100 km as domestic fuel or industrial fuel) will start procuring fuelwood from other landowners in the vicinity. However this situation will be mitigated eventually because improved forest management will increase fuelwood production in the long run. Moreover many landowners will be motivated to bring their land under tree cover thereby increasing fuelwood production. However change in these land use practices will take some time.

Project proponents can address the risk of leakage through careful project design (e.g., incorporating project activities that reduce pressure on other lands). Any residual leakage must be accounted for and subtracted from the carbon credits claimed.

Various carbon standards specify rules for managing, mitigating and accounting for leakage. For example, the Voluntary Carbon Standard has specified the following rules for leakage in its AFOLU requirements:

“The potential for leakage shall be identified, and projects are encouraged to include leakage management zones as part of the overall project design. Leakage management zones can minimize the displacement of land use activities to areas outside the project area by maintaining the production of goods and services, within areas under the 114 control of the project proponent or by addressing the socio-economic factors that drive land use change (VCS Version 3, 2011).”

It would be important for the project proponents to mitigate this leakage by taking up activities such as agroforestry and fast-growing woodlots in separate leakage management zones in order to maintain the supply of fuelwood, albeit through sustainable forest management.

Co-benefits: Co-benefits are social and environmental benefits that carbon offset projects provide beyond the GHG reduction benefits. Such benefits include biodiversity conservation, livelihood generation etc. Offsets that are associated with social and environmental co-benefits often fetch a considerably higher price in the voluntary carbon market.

The study area pertains to the southern five districts in Western Ghats of Maharashtra. A substantial area exists under private forests as identified in this study. The Western Ghats is know to be a high biodiversity region and is home to several rare and endangered species of flora and fauna. Three protected areas (PA) are found in this region, Koyna Sanctuary, Chandoli National Park and Radhanagari Sanctuary. These PAs are connected by reserved forests and private forests. Many important megafauna regularly use the corridors connecting these such as tiger, leopard, wild dog, bison, sambar and wild boar. Improved management of private forests in the Koyna-Chandoli corridor can provide valuable biodiversity conservation co-benefits in the form of improved habitat and safe passage for the megafauna as well as habitat connectivity for all other forms of flora and fauna. These co-benefits can be demonstrated by applying additional project design standards such as the Climate, Community & Biodiversity Standards (CCBS). The CCBS focuses exclusively on AFOLU projects and emphasizes the social and environmental benefits of such projects. A project design standard, CCBS offers rules and guidance for project design and development but does not offer certification of offsets or a registry and therefore must be used in conjunction with a full-fledged standard such as VCS. Ideally applied in the initial phase of project development, CCBS may help project proponents secure upfront funding.

Validation: Validation is the assessment of a project’s Project Design Document or PDD (a document which describes a project’s design including its baseline and monitoring plan) against the requirements of a specific standard before the implementation of the project.

Monitoring, Verification and Certification: For monitoring of the project, project developers are required to maintain records measuring the emission reduction achieved during the operation phase. These records, maintained in a monitoring report, must be in accordance with the parameters and procedures laid out in the original PDD. Verification refers to the assessment after a project has been implemented that 115 confirms whether the actual emission reductions happened as was predicted during the project design. On being satisfied, the verifying body issues a verification and certification report. On receiving the verification and certification report, the standards organization issues voluntary carbon credit units and places them on a registry. Carbon credits placed on a registry are uniquely identified so that their transactions can be tracked in order to avoid double counting (i.e. counting of one carbon credit towards offsetting targets of more than one parties)

Monetization: With certified carbon credits in hand, the project developer can sell either directly to a company or to an intermediary trading company.

9.6 Forests, Ecosystem Services and Markets Ecosystem services are the benefits human being get from ecosystems. A forest ecosystem provides several valuable ecosystem services. The Millennium Ecosystem Assessment 2005, a scientific appraisal of the condition and trends in the world’s ecosystems and the services they provide, presents a framework of the ecosystem services provided by forest ecosystems (Figure 9.2).

While environmental goods (also called provisioning services) provided by forests have a price and are traded in markets, other services remain largely unvalued and unpaid for. Thus, in the present scheme of things, benefits and opportunity costs of deforestation/forest conservation are not distributed evenly. In case of deforestation, while the benefits (revenue from timber) flow to landowners, the costs, in terms of loss of other ecosystem services, have to be borne by other national stakeholders such as downstream/neighboring farming communities (in the form of flooding, reduced water flow and reduced pollination) or hydroelectric companies (in the form of siltation and reduced water flow) and by the global community (in the form of carbon emissions).

On the other hand, in case of forest conservation, the benefits of a conserved forest flow to other national stakeholders such as downstream users, hydroelectric companies and tourism companies (in the form of ecosystem services such as watershed, flood control, prevention of soil erosion, nutrient recycling, soil formation, pollination and recreation) and to the global community (in the form of ecosystem services such as carbon sequestration and genetic resources) while the opportunity cost of conserving a forest and not harvesting it for timber or fuelwood has to be borne by the local landowner.

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Figure 9.2: Types of Ecosystem Service Provisioning services Services focused on directly supplying food and non-food products from water flows

. Freshwater supply . Crop and fruit production . Livestock production . Fish production . Timber and building materials supply . Medicines . Hydroelectric power

Supporting services Services provided to ecosystem functioning

. Wildlife habitat . Flow regime required habitat and uses

Regulating services Services related to regulating flows or reducing hazards related to water flows

. Regulation of hydrological flows (buffer runoff, soil water infiltration, groundwater recharge,maintenance of base flows) . Natural hazard mitigation (e.g. flood prevention, peak flow reduction, landslide reduction) . Soil protection and control of erosion and sedimentation . Control of surface and groundwater quality

Cultural and amenity services Services related to recreation and human inspiration

. Aquatic recreation . Landscape aesthetics . Cultural heritage and identity . Artistic and spiritual inspiration

Source: Smith et al, 2006

9.7 Payment for Ecosystem Services Markets often do not exist for regulating, supporting and cultural services flowing from a conserved forest. As a result, the benefits associated with these services are not reflected in the current market price of a forest. These benefits are thus positive externalities which result in a market failure: the market price of a standing forest is equal to just that of the timber in it – trees are worth more dead than alive! 117

Understandably, natural forests are harvested for provisioning services (e.g. timber, fuelwood, NTFP), at the expense of other vital ecosystem services (e.g. watershed, flood control, prevention of soil erosion, pollination, nutrient recycling, soil formation, carbon sequestration).

This market failure can be corrected by internalizing positive market externalities i.e. ecosystem services by valuating and paying for them. In case of forests this can be done by providing a monetary incentive to landowners for conserving forests. This mechanism is called Payment for Ecosystem Services (PES). PES is applicable only in a scenario where deforestation is only marginally more profitable than conservation and monetary incentives can tip the balance in favor of conservation or improved forest management.

The private forests in the study area provide such a scenario. As mentioned in Chapter 3, the landowners in the study area depend on the forest not for subsistence but only for the occasional emergency expense and for supplementary income. Even small to moderate incentives may motivate the owners towards better forest management.

Sven Wunder defines Payment for Ecosystem Services (PES) as:

‘a voluntary transaction where a well-defined Ecosystem Service or ES (or a land-use likely to secure that service) is being ‘bought’ by a (minimum one) ES buyer from a (minimum one) ES provider if and only if the ES provider secures ES provision (conditionality).’ (Wunder, 2005).

There are four main types of PES Schemes:

 Private payment schemes  Cap-and-trade schemes, under a regulatory cap or floor  Certification schemes for environmental goods  Public payment schemes, including fiscal mechanisms

Private payment schemes are those schemes where the agreement is between private buyers and private sellers. There is minimum government intervention in such schemes.

Cap and trade schemes are schemes where the agreement enforces upper limit on pollutant loads or some other unwanted activity such as groundwater extraction.

Certification or eco-labeling schemes that reward those suppliers who comply with verifiable environmental standards by paying a higher price for these goods. The buyers are environmentally conscious consumers who prefer goods produced according to higher environmental standards and are willing to pay more for it.

Public payment schemes are the most common schemes wherein public agencies such as municipalities or the government who are motivated by the need to provide safe 118 drinking water or regulate river flows. Mechanisms for payment in these schemes include user fees, land purchase and land easement, which are rights to specific use of land owned by others. Public payment management (Smith et al, 2006).

Box 1: PES Design Steps

Source:Source: Forest Forest Trends, Trends, The The Katoomba Katoomba Group, Group, and and UNEP, UNEP 2008, 2008

There are four core steps for designing a PES scheme (Box 1). In addition to these steps, as in the case of forest carbon offset projects, baseline determination, additionality demonstration, permanence and leakage management are important considerations.

Deciding payment rates is a complex process. Essentially it is a negotiation between the buyers, who are typically downstream end users of watershed services, and the sellers who are the landowners in upstream part of the watershed, in our case the private forest owners (PFOs). The sellers minimum cost that the sellers will accept is the opportunity cost of foregoing the benefits that they are enjoying through their present land use. The buyers have to evaluate the cost of other alternatives for enjoying the same services that they would receive by improved upstream watershed management. If there are pollutants in the water, such as nitrates, the alternative may be to set up a 119 water treatment facilitate to remove the nitrates. If there is silt in the water then pure drinking water may be achieved by setting up a filtration plant. The cost of setting up the filtration plant or water treatment plant is the alternative cost. The maximum cost that the buyers will be willing to pay is the alternative cost of setting up these units. The negotiated payment rate will fall between one of these two rates. If the opportunity cost for the sellers is higher than the alternative cost for the buyer then there is no likelihood of a settlement. A settlement is possible if the opportunity cost for the seller is lower than the alternative cost for the buyer.

9.8 Examples of Successful PES Projects Kulekhani Watershed, Nepal The Kulekhani watershed of Nepal is a successful example of payments for watershed services, although it was not intentionally designed as a PES scheme. The watershed is the source of water for the Kulekhani reservoir which powers two hydropower plants. Built in 1982, the reservoir was expected 100 years of project life based on projected sedimentation rates. However, deforestation in the watershed caused erosion and landslides which started filling up the reservoir at a rate 6 times faster than what was projected. A Watershed conservation programme supported by the government led to reforestation by upland communities which were organized into community forestry user groups. The Nepal government constituted an Environmental Management Special Fund (EMSF) which receives 20% of government's royalty from the hydropower plans and it used for financing the conservation programme. With the improvement in forest density in the watershed, the sedimentation rates began to decline and the flow of water increased. (Source: http://www.oired.vt.edu/sanremcrsp/documents/research- activities/phase3/ PEScasestudyNepal.pdf).

Reforestation in Costa Rica The Government of Costa Rica originally established the National Forest Office and National Fund for Forest Financing (FONAFIFO) to provide incentives for reforestation. FONAFIFO compensates private landowners who agree to protect, sustainably manage or reforest their land. The Fund is financed by a 5% national sales tax on fossil fuels. FONAFIFO also serves as an intermediary between hydropower companies and upstream forest owners.

Energía Global (now Enel ), a private hydropower company located in the Sarapiqui watershed, provides electricity for about 400,000 consumers. The company wanted to protect the watershed to increase the reliability of streamflow throughout the year and to reduce sedimentation. Through FONAFIFO, Energía Global pay owners of upstream private land to reforest their land, engage in sustainable forestry or conserve forest cover. Landowners who have recently cleared their land or landowners planning to replace natural forest with plantations are not eligible for compensation. 120

Energía Global pays US$18 per hectare to FONAFIFO, which then adds an additional US$ 30 per hectare. FONAFIFO makes cash payments to landowners who have signed contracts with Energía Global. Total payments of US$ 48/hectare/year are related to the opportunity costs reforestation or forest conservation, such as potential revenues from cattle ranching. A local NGO, FUNDECOR (Fundación para el Desarrollo de la Cordillera Volcánica Central), oversees the implementation of the conservation activities, carries out technical studies and administers the scheme (Smith et al, 2006).

Catskills and Delaware Watersheds, USA The Catskills and Delaware watersheds provide New York City’s 9 million residents with 90% of their drinking water supply. The watersheds have a population of 77,000 and cover an area of 4,000 km2. Historically, these watersheds have supplied high quality water, but in the 1980s concerns about pollution increased. In 1989, the United States Environmental Protection Agency initiated a requirement that all surface drinking water supplies had to be filtered. This could be waived if there were existing treatment processes or natural watershed services that provided safe water. In 1992, the City of New York decided to invest in protecting watersheds rather than new water filtration facilities, which would have cost US$ 6 to 8 billion to build and US$ 300 million annually to operate.

The costs of investing in watersheds to maintain and restore natural filtration are much lower. Diverse mechanisms for investment in the watersheds are used. Investment of US$1 to 1.5 billion over 10 years was financed by a 9% tax increase on New York City water bills. In comparison, a new filtration plant would have required a two-fold increase in water bills. Funds have been used to finance a US$ 60 million trust fund for environmentally sustainable projects in the Catskill watershed. The City has provided US$ 40 million in compensation to cover the additional costs of dairy farmers and foresters who adopted best management practices. Foresters who adopted improved forest management, such as low impact logging, received additional logging permits for new areas. Forest landowners with 20 ha of land or more that agree to commit to a 10- year forest management plan are entitled to an 80% reduction in local property tax. The City is also purchasing development rights for sensitive land near reservoirs, wetlands and rivers at market price. Farmers and forest landowners are able to enter into 10 to 15-year contracts with US Department of Agriculture to remove environmentally sensitive land from production (Smith et al, 2006).

9.9 Conservation Incentive Model of AERF Applied Environmental Research Forum (AERF) has been carrying out conservation of private forests in Ratnagiri and Sindhudurg Districts of Maharahstra State for several years. They have covered an area of 100 acres in Ratnagiri District and 75 acres in Sindhudurg District. They have used cash as an incentive and also used other forms of 121 community and “in kind” incentives depending on local needs such as wells, roads etc. Agreements were made with the farmers for conservation of their forests. The agreements include clauses such as restrictions on logging, restrictions on grazing and provisioning clauses such as plantation of biofuel species, cultivation of perennial legume crop like pigeon pea, fruit trees and fast growing timber trees. Other conditions include co-management with AERF during the agreement period and collective patrolling. During the agreement period the owner may not sell or lease the land. Funding is raised from private urban individuals. Corporate sponsorship is also encouraged (Godbole et al, 2010).

9.10 Potential for PES in Watersheds of Dams The private forests in the study Table 9.1: District-wise Irrigation Projects area provide a range of District Major Medium Minor ecosystem services such as pollination, flood control, Satara 4 5 NA watershed etc. The private forests act as a Sangli 3 10 104 watershed/catchment for Kolhapur 2 10 9 Kudali, Urmodi, Tarali, Venna, Ratnagiri - 1 23 Neera and Manganga rivers which act as tributaries for Sindhudurg 1 - 23 larger rivers viz. Krishna, Total 10 26 159 Koyna and Bhima. In the Sources: www.sipcsatara.com, www.kolhapur.nic.in, context of the study area, a www.sicsangli.com, www.kicratnagiri.com/ PES scheme can potentially be developed for the watershed services provided by the forests. These rivers not only provide irrigation and drinking water for the settlements in the area but also power several major, medium and minor irrigation projects (Table 9.1). There is substantial area in the watersheds of these dams (Table 9.2). Besides these there are several water supply dams that provide water to major cities in the study area.

Table 9.2: Watershed Area of Major and Medium Dams in Study Area District Area of Watershed Major Irrigation Medium Irrigation Hydroelectric Satara 431.5 213.5 891.8 Sangli 150.0 200.0 - Kolhapur 347.0 220.0 - Ratnagiri - 16.3 - Sindhudurg 301.3 - - Total 1229.8 669.8 891.8 Sources: www.sipcsatara.com, www.kolhapur.nic.in, www.sicsangli.com, www.kicratnagiri.com, http://india-wris.nrsc.gov.in 122

The private forests in the study area are degrading due to unsustainable practices such as clear-felling at short-rotation cycles and rāb burning. If the forest degradation continues, the watershed services will get disrupted. In addition to other fallouts, the reduced flow of water and the siltation of dam reservoirs will disrupt hydropower generation.

There is substantial potential for implementation of PES schemes in the watersheds of these dams. In order to continue enjoying the watershed service provided by private forests the downstream beneficiaries must now start paying a price for what they have been hitherto getting free of cost. There are a number of downstream beneficiaries such as farmers, communities using water for household purposes and municipal water supply utilities, which enjoy the benefits of good water quality, reduced sedimentation, flood control and a more regular flow regime. However the likely buyers in this case are hydroelectric companies and Irrigation Department because they have large profit margins and are likely to have high willingness to pay. Designing and setting up a PES scheme directly with farmers and local communities as buyers is implausible as these are unorganized and diffused and possibly have little willingness to pay.

As already pointed out, the forest owners are not very prosperous. A monetary compensation from the hydroelectric companies and Irrigation Department can act as an incentive for them to adopt improved forest management practices which will not only arrest the degradation but will also in due course result in higher forest density, enhanced habitat for biodiversity and continued flow of ecosystem services.

Lack of land tenure is often cited as a key constraint for developing a PES scheme. In the present case, however, secure land tenure of PFOs makes things easier. The potential sellers in the present case are smallholders who need to be organized into a group. A system (backed by a legal contract) also needs to be put in place that will ensure long-term behavior change (permanence) in favor of improved forest managed.

9.11 A PES Scheme for the Entire Study Area Watershed services received by the owners, managers and end users of irrigation and hydroelectric dams are fairly obvious and easy to identify. However there are a number of other beneficiaries of the services provided by private forests. The rivers flowing in the eastern districts flow out of the district and there are many dams on these rivers outside these districts. Secondly, in the eastern districts a system of barrages and KT weirs is quite common for lift irrigation, especially in the district of Kolhapur. Private forests provide water flow regulation and soil conservation services to these barrages and KT weirs also. Villages on the banks of these rivers also benefit from the watershed services provided by private forests. 123

Siltation smothers fish breeding grounds and directly affects fishing catches. Fisheries in the reservoirs and rivers also benefit from the continuity of water flow and soil conservation services provided by private forests.

Society at large benefits from the regulating services, supporting services and cultural services provided by forests (Figure 9.1), and private forests have a major share in this respect because of their huge extent in the study area. Therefore all citizens benefit from the services provided by private forests. These services include environmental goods, regulating services, supporting services and cultural services mentioned in Figure 9.1. Biodiversity conservation (wildlife habitat) is included in the category of Supporting Services.

It is convenient to consider the private forests as upstream in a watershed and the beneficiary citizens as being located downstream in a watershed because in most cases private forests are found in the upstream zone at a higher altitude. The beneficiary citizens are the agriculturists in river valleys and city and town dwellers. Considering the scenario where the PFOs mismanage their forests by cutting them regularly or using them as pastures, the downstream residents in the plains suffer the ill effects of poor management of private forests due to loss of various services that they provide while PFOs get the benefits from harvesting of the private forests. To mitigate the ill effects of the poor management practices of the citizens may want to conserve the private forests. In such case they should pay an offset price to the PFOs to compensate them for the opportunity cost of losing the benefits of harvesting their private forests. In this case the sellers are the PFOs while the buyers are the general citizens.

It will be very difficult to create a market for such a large region and such a large number of sellers. The complexity of collecting the payments from individual citizens or local bodies will be unmanageable. Therefore it is a valid case for a public payment mechanism for PES. The source of funds could be a government scheme for conservation of private forests. Taxation could be another mechanism for raising these funds. However in this particular case taxation may not be necessary if the quantum of funds is low and within the means of the government to finance.

9.12 Verification and Enforcement Mechanisms Verification and enforcement mechanisms are important components of PES schemes. When a PES scheme is implemented an agreement needs to be signed between the buyer and seller regarding the terms of the agreement. A verification and enforcement scheme needs to be designed to ensure the implementation of the agreement. The major onus of the implementation is on the seller. However there will be some points pertaining to the implementation by the buyer also. The verification scheme needs to be well designed for success of the PES scheme. It should clearly specify the verification procedure, the agency responsible for verification. The agreement should typically 124 specify that the inspector responsible for verification should have the right to enter the premises and make observations for the purpose of verification. There may be some penal clauses in the agreement in case of non-compliance with the agreement terms such as exclusion from the scheme (Smith et al, 2006).

The verification mechanism also needs to be designed well so that the verification is actually carried out and the results are objective. It should be credible, meaning that cases of violation are actually detected and enforcement mechanisms applied.

9.13 The Payment Mechanism The payment mechanism of PES schemes should be efficient to build confidence in the scheme. The payments should be timely and accurate without mistakes in the name of the individual and the amount. It is also essential that payment is made to the authorized owner and there is no controversy or mistake on this point. The implementation of the scheme may be through the government mechanism or it could be through an agency contracted for doing the job.

References Godbole A, J Sarnaik and S Punde, 2010. Securing Private Forests. In Seminar 613 – September 2010, Nature without Borders – A Symposium on Innovative Approaches to Conserving Nature and Wildlife.

Smith M., de Groot D., Perrot-Maîte D. and Bergkamp G., 2006. Pay – Establishing payments for watershed services. Gland, Switzerland: IUCN. Reprint, Gland, Switzerland: IUCN, 2008

Somanathan E, 2011. Incentive-Based Approaches to Nature Conservation. Commissioned paper submitted to Western Ghats Ecology Expert Panel established by Ministry of Environment and Forests, Government of India.

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Chapter 10 Development of a Conservation Model

By Jayant Kulkarni and Prachi Mehta

10.1 Introduction This study found that private forest owners (PFOs) receive very little returns from their private forests (Chapter 3). We also found that the primary motivation of the owners was monetary profit. In absence of monetary profit the land was considered as unproductive and assigned low importance. This led to situations such as sale of the land at relatively low prices for short term profit. This situation was particularly seen in Satara and Ratnagiri Districts because of their accessibility to businessmen from Mumbai, and in Sindhudurg District because of its accessibility to Kerala businessmen. Lately businessmen from Kolhapur and Pune have also started amassing land in Western Ghats.

It is reasonable that monetary incentive, either internal or external, should form an important comfponent of a conservation strategy for private forests. The concepts of external and internal incentives were defined in Chapter 8.

At present many PFOs receive internal incentives through sale of forest produce by periodic harvesting. They also gain other provisioning services from these lands such as firewood and timber for personal use, brushwood for rāb practice and pasture. Putting the land under better management will mean that they will lose part of these services as well as the monetary income from periodic felling of the forests. They will receive more long term income from scientific management of the forest. However they may not believe or trust this in absence of any supporting evidence. Moreover the income will be considerably delayed at least for a decade or two. Therefore there is a strong case for providing external incentives to motivate the owners to place private forests under more sustainable management practices.

Another way of looking at it is that internal incentive is the long term solution for conservation and sustainable management of private forests. However it may not provide sufficient motivation for large scale adoption of these practices. External incentives are capable of providing the immediate short term motivation for conservation and sustainable management of private forests. Both external and internal incentives need to be employed in parallel to bring about the desired change in management practices. A detailed discussion on sustainable management practices is given in Chapter 7 while a review of mechanisms for external incentives is presented in Chapter 8. 126

External incentive schemes have the potential to provide the required incentives to the owners for this change to take place. The recommended final state is not a total protection regime but a sustainable management regime. Introduction of an external incentive scheme will also help to educate the owners on conservation value of their forests and raise awareness on their importance for biodiversity conservation as well as various other watershed services.

External incentives for conservation of private forests need to be sufficient in value so that they are attractive for private forests. They must be at least equal to the net profit foregone by the service sellers (Smith et al, 2006), in this case the PFOs. Leaving aside long term internal incentives from scientific management a land owner will be willing to conserve his private forests due to external incentives by putting them under better management only when the following condition is satisfied:

The value of provisioning services that owners receive from private forests is highly variable. These services typically are:

 Firewood for personal use  Timber for personal use  Brushwood for rāb practices  Pasture  NTFP

Further it needs to be understood that the PFOs live in a village community. Though the ownership of the land is completely their own in practice the village community may use the resources on the land, as a kind of common land, the extent of which varies from village to village. In some cases the village uses these lands as common lands for firewood and pasture. If these lands are put under a protection regime the other villagers stand to lose the benefits that they are receiving at present. Therefore they may not support the change of management practices necessary to achieve conservation of private forests. The owners may face resistance from the other villagers; pilferage of forest produce may take place from their lands, or there may be non-cooperation and the villagers may continue using these lands as they are doing at present. Therefore support of the other villagers is also necessary for conservation of private forests.

External incentives to private forests owners is possible on a small scale through individual and corporate sponsorships (Godbole et al 2010). However if one wants to bring about conservation of private forests at the regional scale then a broader all 127 encompassing mechanism needs to be considered. Suggestions for such a mechanism are presented in the following sections.

10.2 Local vs. Regional PES Scheme Two possibilities of external incentives, the carbon market route and PES schemes were discussed in Chapter9. The voluntary carbon market is a mechanism with potential for implementation in the study area. The scale of implementation could be a watershed, a taluka or a district or any other reasonable unit. Implementation at the smaller level could be carried out by an association of villages or by an NGO as an intermediary. However implementation at larger levels of district and region will be difficult because the scope of the project will be very large. The right buyers need to be found which will take considerable time and effort. Considerable planning is necessary and long drawn out negotiations are likely with large number of stakeholders.

The extent of private forests in the study area consisting of five districts is about 12,043 sq.km. (Chapter 2). In the entire Maharashtra Western Ghats it is likely to be higher still. These lands are degrading further every year because of the current unsustainable management practices. The regulatory environment is also not supportive for conservation of private forests. The conservation of these lands is important and urgent steps need to be taken in this direction. The efforts for their conservation needs to be commensurate to the extent of the forests. Small local projects will achieve small local coverage. To achieve coverage of the entire region it is necessary to bring about a policy change that will be supportive towards conservation of private forests. Policy changes supported by active efforts by government machinery alone have the potential and reach to bring about large scale conservation of private forests.

A case is made here for a PES Scheme that will implemented by the State Government. A PES scheme funded by the government has the following favourable factors:

 Assured legitimacy of the scheme  Coverage and reach  Sustained availability of funds for the scheme  Long term continuation of the scheme

There are certain drawbacks of government schemes that need to be addressed to ensure that their effect is minimized. The details of a scheme for a government sponsored PES scheme for conservation of private forests is presented in the following section. As envisaged the scheme is not a total protectionist scheme and proposes payment for putting the lands under sustainable management practices. 128

10.3 Structure of Government PES Scheme for Conservation of Private Forests Objectives of Government PES Scheme The suggested objectives of the proposed scheme are as follows:

 Conservation of private forests  Conservation of wildlife and biodiversity of Western Ghats by protecting the habitat and enhancing connectivity between forests  Protection of watershed services provided by private forests  Monetary benefits to PFOs from the scheme and from sustainable management of their forests

Prescription of Management Plan Guidelines For a government scheme it is necessary that there is some universality in the management practices that are supported. On the other hand, given the vast extent of the region and the tremendous variation it is not possible to prescribe the same practices all over.

Under the Lok Vaniki Act of Madhya Pradesh management plans are prepared for scientific management of the plot of land of an individual PFO. In the suggested PES scheme each PFO should prepare managmement plans for his plot of land. If the land is too small management plan should be prepared jointly by a group of PFOs.

For management plans to be acceptable to the government there needs to be some uniformity and guiding principles for preparation of management plans. The Forest Department prepares working plans for an entire division for management of forests in a forest division. It is not practical to prepare working plan for private forests. It is however suggested that detailed guidelines should be drawn for preparing management plans for private forests in an entire district depending on the biogeographical situation of the district and the status of private forests in that district.

Considering the proposed objectives of the scheme it is suggested that the management plan guidelines should be prepared with the objective of biodiversity conservation along with sustainable utilization. Therefore, besides trees, it should address other vegetation components such as shrubs, grass, climbers, herbs and epiphytes. It should also address conservation of wildlife species and especially consider corridors and habitat connectivity. Special mention should be made of important corridors and critical habitats. Plantation of exotic species such as Eucalyptus sp. and Acacia auriculiformis should be disallowed for participation in the scheme. Similarly non- forest plantations such as cashew nut, mango, coconut, betel nut, rubber, coffee and tea shall also be ineligible for participation in the scheme. The management plan guidelines should give careful consideration to natural habitats such as lateritic plateaus and grasslands and not make recommendations for planting these. However grasslands 129 formed due to anthropogenic factors may be planted over. Land uses such as shifting cultivation and pasture shall not be eligible for participation in the scheme. Natural pastures may be allowed in the scheme after ascertaining that these are indeed natural and not due to human intervention.

Flexibility in the Plan and Provision for Bonafide Needs The firewood needs of PFOs are often met from their own lands. The managment plan guidelines shall address this issue and make provisions for it. Considering that this is a scheme for participation by private owners there should be flexibility to accommodate differences in interest and inclination of the owners. This may be achieved by the option to choose between alternative prescriptions. For example a certain type of forest may be put under a selection felling regime. However for practical reasons, such as inaccessibility or lack of manpower or reseources, the owner may wish to put it under protection regime. There should be flexibility to accommodate such preferences as long as they are not detrimental to the objective of the scheme.

Financial Resources of PFOs The management plan prescriptions shall not put unnecessary financial burden on PFOs. Expensive operations such as soil conservation structures, fencing etc. shall be avoided or shall be included as suggestions only. Much of the activities, such as tending operations, singling etc. will be carried out through self labour and will not involve much expenditure. The only activity that is likely to involve substantial financial input is plantation operations on treeless or low density lands. The guidelines should address issues of finance availability for activities such as tree plantation on barren land and low density forests. It should identify sources, including government schemes such as social forestry, form where the participants can raise finances. Participation in the scheme should normally make it easier for the owners to get finance for their plantation.

System of Chartered Foresters Just as in the Madhya Pradesh Lok Vaniki scheme there should be a system of chartered foresters for preparation of management plans. The chartered foresters should be registered with the Deputy Conservator of Forests for that district. Chartered foresters may be retired forest officers or forestry experts having educational qualification and experience in forestry.

Participation in the Scheme Participation in the scheme shall be voluntary. At the outset each village that has private forests shall hold a gram sabha meeting and discuss the participation in the scheme. If the gram sabha is in favour of participation then a resolution shall be passed to this effect by the gram sabha. After passing the resolution all PFOs in that village shall be free to participate in the scheme. Gram sabha recommended because the scheme will need the support of the village community. If the gram sabha wishes to 130 place its community land under the scheme then it can pass a resolution to that effect and get the benefit of the scheme.

Owners wishing to participate in the scheme should apply to the appointed government officers with all documentation. This will include ownership proof such as 7/12 and 8A forms, consent letter by all owners, agreement letter, map and other documents that the government may specify. Gram sabhas that want to place their community land under the scheme should apply as the owner of the land.

Community forests found in Sawantwadi District have a different ownership pattern from the rest of the private forests and the modality of their participation in the scheme needs to be treated differently.

10.4 Implementation and Administration of the Scheme The scheme should be implemented in a decentralized manner. It is suggested that administration of the scheme should be either with the Forest Department or the Social Forestry Department. If the Forest Department implements the scheme then a new division should be created in each district for administration of the scheme since the existing divisions have a lot of responsibility at present. However in case of Social Forestry Department the existing divisions may be capable of administration of the scheme with additional staff. An officer of rank Range Forest Officer should be given responsibility for implementation of the scheme in one each Taluka.

Agreements should be made between the PFO and the scheme administrator for participation in the scheme. Agreements should be made only after submission and approval of the management plan. It is recommended that the agreement should be initially for a period of 10 to 15 years.

A PFO participating in the scheme should be eligible to sell his land provided the buyer agrees to continue the implementation of the scheme. If the buyer does not wish to participate in the scheme the PFO should return all the benefits received from the scheme before selling the land.

PFOs should be educated and trained in implementation of various prescriptions of the working plan. Training may be carried out by government agencies, chartered foresters and competent NGOs.

PFOs participating in the scheme will receive the following benefits:

 They will be given preferential treatment for receiving finance under plantation schemes of the Social Forestry Department  They will be given rapid permission for thinning and tree felling in accordance with the management plan prescriptions. 131

 They will be given rapid permission for transportation and sale of the forest produce.

Participation in the scheme will not prevent the implementation of other compatible practices such as collection of NTFP, medicinal plants, spices, forest fruits etc.

10.5 Verification Verification should form a very important part of the scheme. Verification will ensure that participating PFOs not implementing the prescriptions of the scheme are penalized or excluded from the scheme. If verification is carried out be local agencies they will be open to local influence and corruption. To avoid this it should preferably carried out by an external agency. Objective criteria should be used to the maximum possible extent.

A tentative two-level verification process is suggested below:

 Remote monitoring of the vegetation shall be carried out by satellite imagery. A competent agency, government or otherwise shall be contracted for this. The agency shall closely monitor the changes in vegetation. It is expected that implementation of the scheme will improve the vegetation quality in the project area continuously. Since the GPS location of each plot included in the scheme is available in a pin-point manner it will be possible to quickly locate the errant owners and identify non-compliance. Remote sensing can also identify incidence of fire in order to exclude such forests from payment for that year.  Remote sensing can only identify changes in canopy cover. It cannot identify the status of vegetation under the canopy. Therefore it cannot identify non- compliance that takes place under the canopy such as grazing. Ground truthing should be carried out by the verification agency shall be carried out as required.  Verification of the scheme implementation shall also be carried out by the implementing agency in a structured manner.

Cases of non-compliance should be dealt with strictly according to the terms of the agreement. Success of the scheme will depend on free and fair implementation of the scheme free from political or other interference.

10.6 Payment of Incentive The rate for payment of the incentive needs careful consideration and study. In an earlier section it was mentioned that the incentive rate needs to be higher than the lowest benefit that the PFOs are receiving at present. In Chapter 3 we saw that the annualised returns from tree felling in private forests ranged from Rs. 2.7/acre/yr to Rs. 285/acre/yr. The average annualized returns in Ratnagiri and Sindhudurg Districts were Rs. 53/acre/yr and Rs. 109/acre/yr. The figures are based on a small sample and should 132 be taken as a ball park figures. A survey with a larger sample needs to be carried out to determine the annualized return from felling of private forests. Further study is also needed for valuation of the various services provided by private forests. The incentive provided by the PES scheme needs to be more than the total benefits received by PFOs. The rate should be attractive enough to motivate PFOs to come forward and participate in the scheme on their own.

The appropriate rate is dependent on several factors. Besides profits from periodic felling the PFOs receive several benefits from their forests. These include firewood, brushwood for rāb and fodder. The rates should be attractive enough to compensate them for loss of these benefits. The value of firewood and pasture from private forests can be substantial.

By protecting their private forests the owner does not lose any of the woody biomass that accumulates due to growth of the forests in the long term and will eventually get the benefits from this. However the owner has to forego the short term benefits from these forests in return for long term benefits that he may consider uncertain. Therefore the rate has to be such that he is adequately compensated for foregoing this short term benefit.

The other important monetary factor is sale of land to urban businessmen and land developers. At locations near urban centres the price offered for sale of land may be so high that no PES scheme will be able to pay sufficient incentive. Since PES is a market- based mechanism other market forces need to be taken into account for deciding a price for the desired land use changes. All these factors need to be taken into consideration while fixing a rate for the incentive. Finally it is a matter of the value that society places on biodiversity. If a high value is placed on biodiversity conservation and other services from private forests then there will be willignenss to pay sufficiently high incentives to prevent its diversion to other land uses.

A preliminary rate of Rs. 200/acre/yr to 400/acre/yr (Rs. 500/ha/yr to Rs. 1000/ha/yr) is suggested. Consultations and negotiations may be needed to arrive at a reasonable rate. Adifferential rate is possible for each district depending on considerations such as biodiversity value, biomass productivity and market value of competing land uses. However differential rates may also create disputes and controversy.

The total payment to PFOs may be determined assuming a total area of 12,000 sq.km. (1.2 million ha) in the five districts of the study area. The area under private forests will be higher if all 10 districts of the Western Ghats are included in the scheme. In practice the payment will depend on the number of PFOs participating in the scheme. In the first few years this will be substantially lower than the maximum possible number.

The scheme needs the cooperation of the village community. Hence the village community should also get benefit from the scheme. There also needs to be a long term 133 guarantee of adherence to the scheme. Hence part of the payments need to be locked in a deposit or guarantee fund. The following payment structure is suggested:

 50 % payment to be made annually to the owner of the land. He may be required to return the amount paid to him if he opts out of the scheme before the end of the agreement or there is non-compliance.

 25 % payment to be made annually to the village community

 25 % payment to be made annually to a deposit fund in the name of the PFO. The PFO will not have access to the deposit fund. However he will receive the annual interest from the fund. In case he wishes to opt out of the scheme or there is evidence of sustained non-compliance he will forfeit the deposit amount.

Most land holdings are in joint ownership of many family members. To avoid complications the owners should open a separate joint account for the scheme in name of all the owners. Payment should be made once a year. The sharing of the income from the scheme shall be decided by them by mutual agreement.

All payments should be made by cheque by an agency contracted for this purpose. The payment should be made in a timely manner and should be automated as much as possible to avoid corruption.

It is important that payments should be made only to PFOs that are complying with the conditions of the scheme as per the agreement. Mechanical, automated and objective verification, free of interference, and payment linked to such verification, is critical important for success of the scheme.

10.7 Other Incentives It is suggested that participation in the scheme shall not prevent the owners from receiving incentives from other sources or schemes such as the voluntary carbon market. However it may be difficult to prove additionality if the owner is already receiving payments under the PES scheme.

In Chapter 9 we have discussed the benefits that irrigation dams and hydroelectric dams receive from watershed services provided by private forests. Hence a case can be made for PES schemes by the agencies that own these dams. Participation in the Western Ghats payment for biodiversity conservation and ecosystem services scheme should not prevent PFOs from participation in PES schemes implemented by individual irrigation agencies or hydroelectric companies. The concerned agencies can recover the costs from the end user by including it in the electricity rates or irrigation rates.

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10.8 Prevention of Leakages We have seen in Chapter 9 that there is potential for leakages in voluntary carbon market schemes. In this context leakage means the diversion of demand for timber and forest produce to other sources defeating the purpose of the carbon market schemes.

Firstly there is the issue of local demand for firewood and timber, by the villagers as well the PFOs themselves. This demand needs to be adequately addressed while devising the scheme so that provision is made for it locally.

Secondly there will be shortage of firewood and timber in the external market due to the implementation of the scheme. It is expected that implementation of scientific forestry will increase rather then reduce wood production in the long term. However in the short term the demand for wood may get displaced to other areas. As far as PES schemes are concerned this should not be a problem because the main objective is the protection of the concerned ecosystem and diversion of demand need not affect payment to the PFOs. India being a large country there are several sources of wood, both timber and firewood. If the source of funds is carbon markets this may be an issue.

10.9 Source of Funds The funds for the proposed PES scheme can come from various sources. If the quantum of funds is small the State Government may be able to raise funds on its own. If the quantum of funds is large the government needs to seek external source of funds. The Green India Mission (GIM) is a potential source of funds for the PES scheme. The GIM has a budget of Rs. 43,000 Crore for the entire country and will be in operation for 10 years from 2012 to 2021. Creation of green cover on private lands is part of its mandate. Substantial funds are available in CAMPA. These may be used for the PES scheme. Funds may also be sourced from the voluntary carbon market and from REDD+ once it becomes operational.

References Godbole A, J Sarnaik and S Punde, 2010. Securing Private Forests. In Seminar 613 – September 2010, Nature without Borders – A Symposium on Innovative Approaches to Conserving Nature and Wildlife.

Smith M., de Groot D., Perrot-Maîte D. and Bergkamp G., 2006. Pay – Establishing payments for watershed services. Gland, Switzerland: IUCN. Reprint, Gland, Switzerland: IUCN, 2008

Somanathan E, 2011. Incentive-Based Approaches to Nature Conservation. Commissioned paper submitted to Western Ghats Ecology Expert Panel established by Ministry of Environment and Forests, Government of India.

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Chapter 11 Conclusion

Jayant Kulkarni and Prachi Mehta

11.1 Felling permissions We have seen in Chapter 8 that there are obstacles to the process of obtaining permission for tree felling. Permission for tree felling needs to be obtained from two Government Departments, the Revenue Department and the Forest Department. These obstacles are disincentives for forest-based enterprise (Somanathan E, 2011). If there is no incentive for forest –based enterprise the private forest owners (PFOs) have little interest in managing their forests. It is a debatable point whether there should be any need for permission at all for felling trees on ones own land. Assuming that permission is necessary the following suggestions are made:

 Permission for tree felling should only be with one Department, preferably the Forest Department since it is better qualified in technical aspects of forestry and tree felling.  Permission should be required for all tree species except certain species such as Eucalyptus, Acacia auriculiformis and Acacia nilotica which are widely cultivated on private land.  Permission should be based on silvicultural criteria. At present permission is given on excuses such as diseased trees which is mostly fake.

11.2 Identified Forests PFOs whose lands are included in identified forest should not be put to hardship. At present they are not allowed to fell trees. This is an unnecessary restriction when forestry, by definition, is felling of trees. They should be allowed to fell trees in the normal manner and they should be allowed to sell their land without restriction provided the status of the land still remains identified forest. The identification of private forests should be an enabling mechanism for conservation of private forests and benefiting the PFOs. Changes should be made in the provisions and policy towards identified forests.

We have seen in Chapter 4 that the process of identifying private forests is very incomplete. The reason for this is obvious: no PFO would want his land to be identified as forest because it will create all sorts of problems for him. It is also learnt that the government has completed the process of identifying forests and conveyed the final list to the Supreme Court. If the process is carried out systematically the area identified 136 should be nearabout the same as the private forest area estimated in this study. It is suggested that the process of identifying private forests should be taken to its logical conclusion. Criteria should be established for the process of identifying private forests and a protocol drafted so that the identification process is systematic and objective and and carried out in a thorough manner. The GIS analysis carried out in this study can be used as basis for identification of the private forests since the area of private forests can be identified in this way up to the taluka and village level. The primary benefit of this process will be that diversion of identified forests for non forest purpose will be avoided by following the proper procedure under the Forest Conservation Act.

If the PFOs are benefited by inclusion of their lands under private forests they will welcome this process and come forward to have their lands included in this category except those who wish to divert their lands for non-forest uses.

11.3 The Private Forest (Acquisition) Act, 1975 The PFAA was an unnecessary legislation. It did not serve its purpose to a significant extent and may even have caused harm to private forests. The purpose of the Act would have been better served if the PFOs would have been motivated to protect their forests by creating an enabling policy regime. It is suggested that the Act should be repealed and the lands under enquiry and appeal should be restored. The policy regarding the lands already acquired should be decided after internal consultation within the government.

11.4 Capacity Building The Government should give priority to capacity building among private forest on scientific management of their forests. The capacity building process should include stakeholders such as tree felling contractors also. In fact they should receive more advanced and specialized training since they are involved in felling and harvesting of private forests. This responsibility could be given to the Social Forestry Department. This will require a significant increase of the capacity of the Social Forestry Department itself. The orientation of the Social Forestry Department will also need a change from plantation on non government land to conservation of natural forests on private lands. The capacity building process should be carried out on a massive scale to cover the PFOs in the Maharashtra Western Ghats in a time frame of a decade or less.

11.5 Project Outputs The following are the main project outputs:

 A brochure intended for private forest owners motivating them for protecting private forests 137

 Presentations were made to senior forest officers at in office of PCCF (HOFF) at Nagpur and office of CCF at Kolhapur.  Presentations were to Principal Secretary (Forests) and Joint Secretary (Forests).  On basis of the presentations the Principal Secretary (Forests) has advised the authors to provide inputs and to a new policy of the State Government for protecting tree cover on private land.  This technical report

11.6 Summary of Recommendations A number of recommendations have been made in various chapters of this report including this chapter. These recommendations are summarized in this section.

1. Identification process of private forests as per orders of Supreme Court should be completed and all private forest fulfilling the criteria should be included. 2. Diversion of identified private forests to non forest uses for commercial uses should attract provision of Forest Conservation Act. The Act should not be applied to use of these lands for personal use such as personal house or farm house. 3. Tree felling should be permitted on identified private forests provided it is done scientifically on basis of approved management plan. 4. Owners of Private Forests should benefit from the process of identification and should not be made to suffer hardships. 5. Sale of private land is taking place on a large scale in the study area. It would not be advisable to put regulations on this. However some brainstorming needs to be done for creating awareness regarding the adverse social and environmental effects of this phenomenon among the land owners. 6. Private Forests (Acquisition) Act should be repealed. 7. Special efforts should be made to regenerate private forests in high priority areas identified in Chapter 2 of this report. 8. An overall enabling regulatory regime has to be introduced that rewards protection of private forests rather than penalising transgressions. 9. Silvicultural rules such as felling girth, minimum number of trees to be retained and other silvicultural rules should be fixed for all tree species. 10. Permission for tree felling should be with one Department, preferably with the Forest Department. 11. Sustainable management of private forests should be encouraged. 12. Scientific forestry as a sustainable management practice coupled with other compatible produce such as medicinal plants, NTFP, spices, fruits, bee keeping should be encouraged. 13. District-wise guidelines should be prepared for preparation of management plans for sustainable management of private forests. 138

14. Private Forest Owners should be encouraged to prepare management plans for their private forests. 15. There should be a system of chartered foresters for preparation of management plans for private forests similar to Lok Vaniki Scheme of Madhay Pradesh Government 16. Those PFOs who prepare management plans should be given preferential treatment for felling of trees and transportation of harvested forest produce as per the management plan. 17. A payment for ecosystem services (PES) scheme should be introduced as a financial incentive for protection and sustainable management of private forests. The scheme shall be voluntary and preparation of management plan should be compulsory for participants.The scheme should be administered by the Social Forestry Department or Forest Department. 18. Capacity building of PFOs must be carried out for sustainable management and special scheme should be devised for this. 19. Social forestry Department should include biodiversity conservation as one of their objectives, especially for Western Ghats. They should make available native species of trees for plantation in Western Ghats. They should devise schemes that are suited for plantation on degraded hilly forests in Western Ghats.

11.7 Concluding Remarks This study has discussed the importance of private forests in the study area. An estimate has been carried out of the extent of private forests in the study area that was not available earlier. The results highlight the importance of conserving these forests. Private forests have tremendous relevance in biodiversity conservation, ecosystem services and also have potential for economic benefits to the PFOs. The PFOs were found to be quite willing to participate in conservation of their forests provided they receive monetary benefits from this.

Private forests is a much neglected subject in the area of forest conservation. The present policy towards private forests is detrimental for their conservation. Various policies such as the acquisition of these forests under the Private Forests Acquisition Act, 1975, the lack of a policy for conservation of private forests and the obstacles for felling of trees are various aspects of this unsupportive policy. PFOs have all along been at the receving end of such an unsupportive policy. The status of private forests speaks for itself of the result of these detrimental policies; it has resulted in tremendous loss and destruction to private forests. Some PFOs have stated that they preferred to keep their land free of tree growth so that their land would not be acquired by the government. Such policies that were ostensibly meant to protect forests have actually contributed to the deagradation of these forests. 139

The government can reverse this trend and if it brings in place an enabling policy regime. The National Forest Policy of 1986 as well as the Green India Mission document affirm the importance of protecting private forests. What better time than the present to bring about a major policy change for conserving private forests? The suggested new policy regime can be a revolutionary change in the government attitude towards conservation and will set an example for conservation of private forests all over the country. It holds valuable lessons for conservation of government forests also. The oft- stated objective of bringing one third of the country’s land area under forest cover has so far been more of a pipe dream than a real possibility. Conservation of private forests can help to achieve this objective. There is therefore still considerable hope for conservation of these valuable private forests and greening of the Maharashtra Western Ghats.

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Appendix 1: The Maharashtra Felling of Trees (Regulation) Act, 1964 Schedule of Trees [See section 2(f)] 1. Terminalia Chebula (Hirda). 2. Teak 3. Madhuca Latifolia (Mahua, Mhowra or Mahu). 4. Tamarindus Indica (Tamarind, Chinch or Imli). 5. Mangifera Indica (Mango) 6. Artocarpus Integrifolia (Jack) 7. Acacia Catechu (Khair) 8. Santalum (Sandal). 9. Pterocarpus marsupium (Bija). 10. Adina cordofolia (Haldu). 11. Ougeinia dalbergioidies (Tiwas). 12. Terminalia tomentosa (Ain). 13. Terminalia Peniculata (Kinjal or Kindal) 14. Hardwickia binata (Anjan). 15. Syzigium cumini (Jambhul). 16. Mangrove.

Explanation: For the purpose of this entry "Mangrove" includes Rhizophora mucronata (Lamk). Rhizophora apiculata (Bium), Ceriops candolleana (Arn), Kandelia rheedei (Wight), Bruguiera gymnorhiza (Lamk), Lumnitzera recemosa (Wild), sonneratia apetals (Buch Ham), Sonneratia acida (Dinn), Avicenis officianalis (Linn). Avicenia marina (Linn), Acanthus ilicifolius, Aegiceras majus and Salvadora persica.

(Entries No. 17 to 24 are for Sindhudurg district only) 17. Dalbergia Latifolia (Shisam) 18. Gmelina arboria (Shivam) 19. Lagrstroemia lanceolata (Nana) 20. Terminalia belerica (Behala). 21. Strychnes nuxvomica (Kazra). 22. Euginla Zeylanica (Bhedus). 23. Terminalia arjuna (Pandhra ain). 24. Anacardium occidentale (Kajoo). 25. Nothapodytes nimmoniana/Nothapodytes foetida/Mappia foetida commonly known as "Narkya" or "Amruta" 142

Appendix 2: List of Plant Species Observed in Koyna-Chandoli Corridor (Chapter 3) Sr.No. Name of the species Division Sub division Family Habit 1 Abelmoschus manihot (L.) Medik. ssp. tetraphyllus (Roxb. ex Horn.) Dicot Polypetalae Malvaceae Shrub Borss. var. tetraphyllus 2 Acacia concinna (Willd.) DC. Dicot Polypetalae Mimosaceae Shrub 3 Achyranthes aspera L. var. aspera Dicot Gamopetalae Amaranthaceae Herb 4 Acrachne sp. Monocot Monocot Poaceae Herb 5 Actinodaphne angustifolia Nees Dicot Gamopetalae Lauraceae Tree 6 Adenoon indicum Dalz. Dicot Gamopetalae Asteraceae Herb 7 Adiantum sp Pteridophyte Pteridophyte Pteridophyte Herb 8 Ageratum conyzoides L. Dicot Gamopetalae Asteraceae Herb 9 Aglaia lawii (Wight) Sald. Dicot Polypetalae Meliaceae Tree 10 Albizia chinensis (Osb.) Merr. Dicot Polypetalae Mimosaceae Tree 11 Albizia lebbeck (L.) Bth. var. lebbeck Dicot Polypetalae Mimosaceae Tree 12 Allophylus cobbe (L.) Raeusch. Dicot Polypetalae Sapindaceae Tree 13 Allophylus serratus (Roxb.) Kurz Dicot Polypetalae Sapindaceae Shrub 14 Alysicarpus sp. Dicot Polypetalae Fabaceae Herb 15 Alysicarpus vaginalis (L.) DC. Dicot Polypetalae Fabaceae Herb 16 Anamirta cocculus (L.) Wight & Arn. Dicot Polypetalae Menispermaceae Liana 17 Ancistrocladus attenuatus T. Dyer Dicot Polypetalae Ancistrocladaceae Liana 18 Anisomelis indica (L.) O. Ktze. Dicot Gamopetalae Lamiaceae Shrub 19 Antidesma acidum Retz. Dicot Gamopetalae Euphorbiaceae Tree 20 Apluda mutica L. Monocot Monocot Poaceae Herb 21 Apluda sp. Monocot Monocot Poaceae Herb 22 Argyreia elliptica (Roth) Choisy Dicot Gamopetalae Convolvulaceae Liana 23 Argyreia involucrata C. B. Cl. Dicot Gamopetalae Convolvulaceae Climber 24 Argyreia nervosa (Burm. f.) Bojer Dicot Gamopetalae Convolvulaceae Climber 25 Aristida sp. Monocot Monocot Poaceae Herb 26 Arnicratea grahamii (Wight) N. Halle Dicot Polypetalae Celastraceae Liana 27 Artocarpus heterophyllus Lam. Dicot Gamopetalae Moraceae Tree

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Sr.No. Name of the species Division Sub division Family Habit 28 Asparagus racemosus Willd. var. javanica (Kunth) Baker. Monocot Monocot Liliaceae Climber 29 Atalantia racemosa Wight Dicot Polypetalae Rutaceae Tree 30 Barleria sp. Dicot Gamopetalae Acanthaceae Shrub 31 Bauhinia racemosa Lam. Dicot Polypetalae Caesalpinaceae Tree 32 Beilschmiedia dalzellii (Meissn.) Kosterm. Dicot Gamopetalae Lauraceae Tree 33 Biophytum candolleanum Wight Dicot Polypetalae Oxalidaceae Herb 34 Blachia denudata Bth. Dicot Gamopetalae Euphorbiaceae Tree 35 Blumea sp. Dicot Gamopetalae Asteraceae Herb 36 Boehmeria macrophylla Hornem. Dicot Gamopetalae Urticaceae Shrub 37 Bombax ceiba L. Dicot Polypetalae Bombacaceae Tree 38 Brachiraria sp. Monocot Monocot Poaceae Herb 39 Breynia retusa (Dennst.) Alston Dicot Gamopetalae Euphorbiaceae Shrub 40 Bridelia retusa Roxb. Dicot Gamopetalae Euphorbiaceae Tree 41 Bridelia squamosa (Lam.) Gehrm. Dicot Gamopetalae Euphorbiaceae Tree 42 Buchnera hispida Buch.–Ham. ex D. Don. Dicot Gamopetalae Scrophulariaceae Herb 43 Butea monosperma (Lam.) Taub. Dicot Polypetalae Fabaceae Tree 44 Butea superba Roxb. ex. Willd. Dicot Polypetalae Fabaceae Liana 45 Caesalpinia bonduc (L.) Roxb. Dicot Polypetalae Caesalpiniaceae Shrub 46 Cajanus lineatus (Wight & Arn.) van der Maesen Dicot Polypetalae Fabaceae Herb 47 Calamus pseudo-tenuis Becc. & Hook.f. Monocot Monocot Arecaceae Herb 48 Callicarpa tomentosa (L) Murr. Dicot Gamopetalae Lamiaceae Tree 49 Calotropis gigantea (L.) Ait. Dicot Gamopetalae Asclepiadaceae Shrub 50 Canscora decurrens Dalz. Dicot Gamopetalae Gentianaceae Herb 51 Canscora diffusa (Vahl) R. Br. ex R. & S. var. diffusa Dicot Gamopetalae Gentianaceae Herb 52 Canthium angustifolium Roxb. Dicot Gamopetalae Rubiaceae Shrub 53 Canthium dicoccum (Gaertn.) Teijsm. & Binn. var. umbellatum Dicot Gamopetalae Rubiaceae Tree (Wight) Sant.& Merch 54 Carallia brachiata (Lour.) Merr. Dicot Polypetalae Rhizophoraceae Tree 55 Careya arborea Roxb. Dicot Gamopetalae Lecythidaceae Tree 56 Carissa congesta Wight var. congesta Dicot Gamopetalae Apocynaceae Shrub 57 Carissa inermis Vahl Dicot Gamopetalae Apocynaceae Shrub

144

Sr.No. Name of the species Division Sub division Family Habit 58 Carvia callosa (Wall) Bremek Dicot Gamopetalae Acanthaceae Shrub 59 Caryota urens L. Monocot Monocot Arecaceae Tree 60 Casearia graveolens Dalz. Dicot Polypetalae Flacourtiaceae Shrub 61 Cassia fistula L. Dicot Polypetalae Caesalpiniaceae Tree 62 Cassine glauca (Rottb.) O. Ktze. Dicot Polypetalae Celastraceae Tree 63 Catunaregam spinosa (Thunb.) Tirveng. Dicot Gamopetalae Rubiaceae Tree 64 Cayratia sp. Dicot Polypetalae Vitaceae Climber 65 Cayratia trifolia (L.) Domin Dicot Polypetalae Vitaceae Climber 66 Celastrus paniculatus Willd. Dicot Polypetalae Celastraceae Climber 67 Celosia argentea L. Dicot Gamopetalae Amaranthaceae Herb 68 Celtis tetrandra Roxb. Dicot Gamopetalae Ulmaceae Tree 69 Centotheca sp. Monocot Monocot Poaceae Herb 70 Chlorophytum borivillium Monocot Monocot Liliaceae Herb 71 Cinnamomum nitidum (Roxb.) Hook. Dicot Gamopetalae Lauraceae Tree 72 Cinnamomum verum J. S. Dicot Gamopetalae Lauraceae Tree 73 Cissampelos pareira L. var. hirsuta (Buch.–Ham. ex DC.) Forman Dicot Polypetalae Menispermaceae Liana 74 Cissus javanica DC. Dicot Polypetalae Vitacaeae Climber 75 Roxb Dicot Polypetalae Ranunculaceae Climber 76 Clerodendron serratum (L.) Moon. Dicot Gamopetalae Verbenaceae Shrub 77 Clerodendrum inerme (L.) Gaertn. Dicot Gamopetalae Verbenaceae Shrub 78 Clerodendrum viscosum Vent. Dicot Gamopetalae Verbenaceae Shrub 79 Cocculus hirsutus (L.) Theob. Dicot Polypetalae Menispermaceae Climber 80 Cocos nucifera L. Monocot Monocot Arecaceae Tree 81 Colebrookea oppositifolia Sm. Dicot Gamopetalae Lamiaceae Shrub 82 Commelina benghalensis L. Monocot Monocot Commelinaceae Herb 83 Commelina forsskalaei Vahl. Monocot Monocot Commelinaceae Herb 84 Connarus monocarpus L. Dicot Polypetalae Connaraceae Liana 85 Crotalaria filipes T. Cooke Dicot Polypetalae Fabaceae Herb 86 Crotalaria mysorensis Roth. Dicot Polypetalae Fabaceae Herb 87 Crotalaria notonii Wight & Arn. Dicot Polypetalae Fabaceae Herb 88 Crotalaria orixensis Willd. Dicot Polypetalae Fabaceae Herb

145

Sr.No. Name of the species Division Sub division Family Habit 89 Crotalaria retusa L. Dicot Polypetalae Fabaceae Herb 90 Cryptolepis buchanani Roem. & Schult. Dicot Gamopetalae Periplocaceae Climber 91 Curculigo orchioides Gaertn. Monocot Monocot Liliaceae Herb 92 Curcuma psuedomontana iGrah. Monocot Monocot Zingiberaceae Herb 93 Cyathea sp. Pteridophyte Pteridophyte Pteridophyte Herb 94 Cyathocline purpurea (Buch Ham.ex D.Don) O. Ktze. var. purpurea Dicot Gamopetalae Asteraceae Herb 95 Cymbopogon sp. Monocot Monocot Poaceae Herb 96 Cynadon sp. Monocot Monocot Poaceae Herb 97 Cynarospermum asperrimum (Nees) Vollesen Dicot Gamopetalae Acanthaceae Herb 98 Dalbergia horrida (Dennst.) Mabb. var. horrida Dicot Polypetalae Fabaceae Liana 99 Debregeasia longifolia (Burm. f.) Wedd. Dicot Gamopetalae Urticaceae Tree 100 Dendrocalamus strictus (Roxb.) Nees Monocot Monocot Poaceae Herb 101 Dendrophthoe falcata (L.f) Etting var. falcata Dicot Gamopetalae Loranthaceae Shrub 102 Desmodium heterocarpon (L.) DC. Dicot Polypetalae Fabaceae Climber 103 Desmodium triquetrum (L.) DC. Dicot Polypetalae Fabaceae Shrub 104 Dichanthium sp. Monocot Monocot Poaceae Herb 105 Roxb. Dicot Polypetalae Dillanaceaee Tree 106 Dimorphocalyx lawianus (Muell.–Arg.) Hook. f. Dicot Gamopetalae Euphorbiaceae Tree 107 Dioscorea bulbifera L. Monocot Monocot Dioscoraceae Climber 108 Dioscorea pentaphylla L. var. pentaphylla Monocot Monocot Dioscoreaceae Climber 109 Diospyros montana Roxb. Dicot Gamopetalae Ebenaceae Tree 110 Diplocisia glaucescens (Bl.) Diels in Engl. Dicot Polypetalae Menispermaceae Liana 111 Dysoxylum binectariferum (Roxb.) Hook. f. ex Bedd. Dicot Polypetalae Meliaceae Tree 112 Elaeagnus conferta Roxb Dicot Gamopetalae Elaeagnaceae Liana 113 Elephantopus scaber L. Dicot Gamopetalae Asteraceae Herb 114 Eleusine coracana (L.) Gaertn. Monocot Monocot Poaceae Herb 115 Elusine sp. Monocot Monocot Poaceae Herb 116 Embelia basaal (R & S.) A. DC. Dicot Gamopetalae Myrsinaceae Shrub 117 Embelia ribes Burm. f. Dicot Gamopetalae Myrsinaceae Liana 118 Emblica officinalis Gaertn. Dicot Gamopetalae Euphorbiaceae Tree 119 Emilia sonchifolia (L.) DC. Dicot Gamopetalae Asteraceae Herb

146

Sr.No. Name of the species Division Sub division Family Habit 120 Entada rheedei Spreng. Dicot Polypetalae Mimosaceae Liana 121 Eragrostis sp. Monocot Monocot Poaceae Herb 122 Eranthemum roseum (Vahl) R. Br. Dicot Gamopetalae Acanthaceae Herb 123 Eriocaulon sp. Monocot Monocot Eriocaulaceae Herb 124 Erythrina variegata L. Dicot Polypetalae Fabaceae Tree 125 Eucalyptus sp. Dicot Polypetalae Rutaceae Tree 126 Eulophia sp. Monocot Monocot Orchidaceae Herb 127 Eupatorium adenophorum Spreng. Dicot Gamopetalae Asteraceae Shrub 128 Euphorbia laeta Heyne ex Roth. Dicot Gamopetalae Euphorbiaceae Herb 129 Ficus hispida L. Dicot Gamopetalae Moraceae Shrub 130 Ficus microcarpa L.f. Dicot Gamopetalae Moraceae Tree 131 Ficus racemosa L. Dicot Gamopetalae Moraceae Tree 132 Ficus religiosa L. Dicot Gamopetalae Moraceae Tree 133 Flacourtia indica (Burm. f.) Merr. Dicot Polypetalae Flacourtiaceae Shrub 134 Flacourtia latifolia (Hook. f. & Thoms.) T. Cooke Dicot Polypetalae Flacourtiaceae Shrub 135 Flemingia strobilifera (L.) Ait. & Ait. Dicot Polypetalae Fabaceae Shrub 136 Garcinia talbotii Raiz. ex Sant. Dicot Polypetalae Clusiaceae Tree 137 Girardinia diversifolia (Link) Friis Dicot Gamopetalae Urticaceae Shrub 138 Glochidion ellipticum Wight. Dicot Gamopetalae Euphorbiaceae Tree 139 Glochidion zeylanicum (Gaertn.) A. Juss. Dicot Gamopetalae Euphorbiaceae Tree 140 Glycosmis mauritiana (Lam.) Tanaka Dicot Polypetalae Meliaceae Tree 141 Gmelina arborea Roxb. Dicot Gamopetalae Lamiaceae Tree 142 Gnetum ula L Gymnosperm Gymnosperm Gnetaceae Liana 143 Gnidia glauca (Fresen.) Gilg. Dicot Gamopetalae Thymelaeaceae Shrub 144 Grewia nervosa (Lour.) Panigr. Dicot Polypetalae Tiliaceae Shrub 145 Grewia serrulata DC. Dicot Polypetalae Tiliaceae Tree 146 Grewia tiliifolia Vahl Dicot Polypetalae Tiliaceae Tree 147 Habenaria sp. Monocot Monocot Orchidaceae Herb 148 Harpullia arborea (Blanco) Radlk. Dicot Polypetalae Sapindaceae Tree 149 Helicanthes elastica (Desr.) Danser Dicot Gamopetalae Loranthaceae Shrub 150 Helicteres isora L. Dicot Polypetalae Sterculiaceae Shrub

147

Sr.No. Name of the species Division Sub division Family Habit 151 Hemidesmus indicus (L.) Schult. Dicot Gamopetalae Apocynaceae Climber 152 Hemigraphis latebrosa (Heyne ex Roth) Nees Dicot Gamopetalae Acanthaceae Herb 153 Heterophragma quadriloculare (Roxb.) K. Schum. Dicot Gamopetalae Bignoniaceae Tree 154 Hiptage benghalensis (L.) Kurz Dicot Polypetalae Malpighiacceae Liana 155 Holarrhena pubescens (Buch.–Ham.) Wall. ex G. Don Dicot Gamopetalae Apocynaceae Shrub 156 Holigarna grahamii (Wight) Kurz Dicot Polypetalae Anacardiaceae Tree 157 Homalium ceylanicum (Gardn.) Bth. Dicot Polypetalae Flacourtiaceae Tree 158 Homonoia riparia Lour. Dicot Gamopetalae Euphorbiaceae Tree 159 Hygrophila schulli (Buch.–Ham.) M.R. & S.M. Almeida Dicot Gamopetalae Acanthaceae Herb 160 Hymenodycton obovatum Wall. Dicot Gamopetalae Rubiaceae Tree 161 Impatiens sp. Dicot Polypetalae Balsaminacaee Herb 162 Ipomoea marginata (Desr.) H. Manitz forma marginata Dicot Gamopetalae Convolvulaceae Climber 163 Ipomoea obscura (L.) Ker–-Gawl. Dicot Gamopetalae Convolvulaceae Climber 164 Ipomoea trichosperma Bl. Bijdr. Dicot Gamopetalae Convolvulaceae Climber 165 Isodon lophanthoides var. lophanthoides Dicot Gamopetalae Lamiaceae Herb 166 Ixora brachiata Roxb. Dicot Gamopetalae Rubiaceae Tree 167 Ixora nigricans R. Br. ex Wight & Arn. Dicot Gamopetalae Rubiaceae Tree 168 Ixora pavetta Andr. Dicot Gamopetalae Rubiaceae Shrub 169 Jasminum malabaricum Wight Dicot Gamopetalae Oleaceae Climber 170 Justicia adhatoda L. Dicot Gamopetalae Acanthaceae Shrub 171 Justicia betonica L. Dicot Gamopetalae Lamiaceae Herb 172 Kalanchoe pinnata (Lam.) Pres. Dicot Polypetalae Crassulaceae Herb 173 Knema attenuata (Wall. ex Hook. f. & Thoms.) Warb. Dicot Gamopetalae Myristicaceae Tree 174 Lagerstroemia microcarpa Wight Dicot Gamopetalae Lythraceae Tree 175 Lamprachaenium microcephalum (Dalz.) Bth. Dicot Gamopetalae Asteraceae Herb 176 Lantana camara L. var. aculeata (L.) Moldenke Dicot Gamopetalae Verbenaceae Shrub 177 Leea asiatica (L.) Ridsd. Dicot Polypetalae Leeaceae Shrub 178 Leea indica (Burm. f.) Merr. Dicot Polypetalae Leeaceae Shrub 179 Lepisanthes tetraphylla (Vahl) Radlk. Dicot Polypetalae Sapindaceae Tree 180 Leucas biflora (Vahl) R. Br. var. biflora Dicot Gamopetalae Lamiaceae Herb 181 Leucas ciliata Bth. Dicot Gamopetalae Lamiaceae Herb

148

Sr.No. Name of the species Division Sub division Family Habit 182 Leucas stelligera Wall. Dicot Gamopetalae Lamiaceae Herb 183 Litsea deccanensis Gamble Dicot Gamopetalae Lauraceae Tree 184 Lobelia nicotianaefolia Roth ex R. & S. Dicot Gamopetalae Lobeliaceae Herb 185 Luffa cylindrica (L.) M. J. Roem. Dicot Gamopetalae Cucurbitaceae Climber 186 Lygodium sp. Pteridophyte Pteridophyte Pteridophyte Climber 187 Macaranga peltata (Roxb.) Muell.–Arg. Dicot Gamopetalae Euphorbiaceae Tree 188 Maesa indica (Roxb) A.Dc. Dicot Gamopetalae Myrsinaceae Shrub 189 Mallotus philippensis (Lam.) Muell.–Arg. Dicot Gamopetalae Euphorbiaceae Tree 190 Malvastrum sp. Dicot Polypetalae Malvaceae Shrub 191 Mangifera indica L. Dicot Polypetalae Anacardiaceae Tree 192 Mazus reptans Dicot Gamopetalae Scrophulariaceae Herb 193 Melastoma malabathricum L. Dicot Gamopetalae Melastomataceae Shrub 194 Melicope lunuankenda (Gaertn.) T. Hartley Dicot Polypetalae Rutaceae tree 195 Memecylon talbotianum Brandis Dicot Gamopetalae Melastomataceae Tree 196 Memecylon umbellatum Burm. f. Dicot Gamopetalae Melastomataceae Tree 197 Meyna laxiflora Robyns Dicot Gamopetalae Rubiaceae Tree 198 Meytenus rothiana (Walp.) Lobreau-Collen Dicot Polypetalae Celastraceae Tree 199 Moullava spicata (Dalz.) Nicols. Dicot Polypetalae Caesalpiniaceae Shrub 200 Mucuna pruriens (L.) DC. Dicot Polypetalae Fabaceae Climber 201 Mukia maderaspatana (L.) Roem. Dicot Gamopetalae Cucurbitaceae Climber 202 Murdania sp1 Monocot Monocot Commelinaceae Herb 203 Murdania sp2 Monocot Monocot Commelinaceae Herb 204 Murraya koenigii (L.) Spr. Dicot Polypetalae Rutaceae Tree 205 Mussaenda glabrata (Hook. f.) Hutch. ex Gamble Dicot Gamopetalae Rubiaceae Shrub 206 Myristica malabarica Lam. Dicot Gamopetalae Myristicaceae Tree 207 Nothapodytes nimmoniana (J. Grah.) Mabberley Dicot Polypetalae Icacinaceae Shrub 208 Nothopegia castaneifolia (Roth) Ding Hou Dicot Polypetalae Anacardiaceae Tree 209 Ochna obtusata DC. var. pumila (Buch.–Ham. ex DC.) Kanis Dicot Polypetalae Ochnaceae Shrub 210 Ocimum americanum L. Dicot Gamopetalae Lamiaceae Herb 211 Olea dioica Roxb. Dicot Gamopetalae Oleaceae Tree 212 Ophiorrhiza rugosa Wall. var. prostrata (D. Don) Deb & Mondal Dicot Gamopetalae Rubiaceae Herb

149

Sr.No. Name of the species Division Sub division Family Habit 213 Oroxylum indicum (L.) Vent. Dicot Gamopetalae Bignoniaceae tree 214 Osyris quadripartita Salz. ex Decne. Dicot Gamopetalae Santalaceae Tree 215 Panicum sp. Monocot Monocot Poaceae Herb 216 Paracalyx scariosus (Roxb.) Ali Dicot Polypetalae Fabaceae Climber 217 Paracaryposis coelesina (Lindl.) R. Mill. Dicot Gamopetalae Boraginaceae Herb 218 Paramignya monophylla Wight Dicot Polypetalae Rutaceae Liana 219 Paspalum sp. Monocot Monocot Poaceae Herb 220 Pavetta crassicaulis Bremek. Dicot Gamopetalae Rubiaceae Shrub 221 Phaseolus sp. Dicot Polypetalae Fabaceae Climber 222 Phyllanthus fraternus Webster Dicot Gamopetalae Euphorbiaceae Herb 223 Physalis minima Dicot Gamopetalae Solanaceae Herb 224 Pimpinella Sp. Dicot Gamopetalae Apiaceae Herb 225 Piper nigrum L Dicot Gamopetalae Piperaceae Climber 226 Pogostemon heyneanus Bth. Dicot Gamopetalae Verbenaceae Shrub 227 Pogostemon plectranthoides Desf. Dicot Gamopetalae Lamiaceae Shrub 228 Polygonum glabra Dicot Gamopetalae Polygonaceae Herb 229 Pothos scadens L. Monocot Monocot Araceae Climber 230 Pseudanthisiria sp. Monocot Monocot Poaceae Herb 231 Psidium guajava L. Dicot Gamopetalae Myrtaceae Tree 232 Psychotria truncata Wall. Dicot Gamopetalae Rubiaceae Shrub 233 Pteris sp. Pteridophyte Pteridophyte Pteridophyte Herb 234 Pterocarpus marsupium Roxb. Dicot Polypetalae Fabaceae Tree 235 Rauvolfia serpentina (L.) Bth. ex Kurz Dicot Gamopetalae Apocynaceae Shrub 236 Rubia cordifolia L. Dicot Gamopetalae Rubiaceae Climber 237 Rungia crenata T. Dicot Gamopetalae Acanthaceae Herb 238 Rungia pectinata (L.) Nees. Dicot Gamopetalae Acanthaceae Herb 239 Rungia repens (L.) Nees Dicot Gamopetalae Acanthaceae Herb 240 Sapium insigne Bth. var. malabaricum (Wight) Hook. f. Dicot Gamopetalae Euphorbiaceae Tree 241 Saraca asoca (Roxb.) de Wilde Dicot Polypetalae Caesalpiniaceae Tree 242 Schefflera elliptica (Bl.) Harms Dicot Gamopetalae Araliaceae Liana 243 Schleichera oleosa (Lour.) Oken Dicot Polypetalae Sapindaceae Tree

150

Sr.No. Name of the species Division Sub division Family Habit 244 Scirpus michelianus L. Monocot Monocot Poaceae Herb 245 Scutia myrtina (Burm. f.) Kurz var. myrtina Dicot Polypetalae Rhamnaceae Shrub 246 Securinega leucopyrus (Willd.) Muell.–Arg. Dicot Gamopetalae Euphorbiaceae Shrub 247 Senecio bombayensis Balakr. Dicot Gamopetalae Asteraceae Herb 248 Sida acuta Burm. f. Dicot Polypetalae Malvaceae Herb 249 Sida rhombifolia L. ssp. rhombifolia Dicot Polypetalae Malvaceae Herb 250 Smilax ovalifolia Roxb. Monocot Monocot Smilacaceae Climber 251 Smilax zeylanica L. Monocot Monocot Smilacaceae Climber 252 Smithia sp1 Dicot Polypetalae Fabaceae Herb 253 Smithia sp2 Dicot Polypetalae Fabaceae Herb 254 Solanum anguivi Lam. Dicot Gamopetalae Solanaceae Shrub 255 Solena amplexicaulis (Lam.) Gandhi Dicot Gamopetalae Cucurbitaceae Climber 256 Spermacoce articularis L. f. Dicot Gamopetalae Rubiaceae Herb 257 Spermacoce pusilla Wall. Dicot Gamopetalae Rubiaceae Herb 258 Sporobolus sp. Monocot Monocot Poaceae Herb 259 Stephania japonica (Thunb.) Miers Dicot Polypetalae Menispermiaceae Climber 260 Sterculia guttata Roxb. ex. DC. Dicot Polypetalae Sterculiaceae Tree 261 Stereospermum chelenoides (L.f.) DC. Dicot Gamopetalae Bignonaceae Tree 262 Symplocos racemosa Roxb. Dicot Gamopetalae Symplocaceae Tree 263 Syzygium caryophyllatum (L.) Alst. Dicot Gamopetalae Myrtaceae Tree 264 Syzygium cumini (L.) Skeels Dicot Gamopetalae Myrtaceae Tree 265 Syzygium hemisphericum (Wight) Alst. Dicot Gamopetalae Myrtaceae Tree 266 Syzygium laetum (Buch.–Ham.) Gandhi Dicot Gamopetalae Myrtaceae Tree 267 Syzygium phillyraeoides (Trim.) Sant. Dicot Gamopetalae Myrtaceae Tree 268 Syzygium rubicundum Wight & Arn. Dicot Gamopetalae Myrtaceae Tree 269 Tabernaemontana alternifolia (Roxb.) Nicols. & Suresh Dicot Gamopetalae Apocynaceae Shrub 270 Tali minor (Gaertn.) Almeida Dicot Polypetalae Connaraceae Shrub 271 Tamarindus indica L. Dicot Polypetalae Caesalpiniaceae Tree 272 Tamilnadia uliginosa (Retz.) Tirveng. & Sastre Dicot Gamopetalae Rubiaceae Shrub 273 Tephrosia purpurea (L.) Pers. Dicot Polypetalae Fabaceae Herb 274 Terminalia bellirica (Gaertn.) Roxb. Dicot Gamopetalae Combretaceae Tree

151

Sr.No. Name of the species Division Sub division Family Habit 275 Terminalia chebula Retz. Dicot Gamopetalae Combretaceae Tree 276 Terminalia cuneata Roth. Dicot Gamopetalae Combretaceae Tree 277 Terminalia elliptica Willd. Dicot Gamopetalae Combretaceae Tree 278 Terminalia paniculata Roth Dicot Gamopetalae Combretaceae Tree 279 Toddalia asiatica (L.) Lam. Dicot Polypetalae Rutaceae Climber 280 Tragia involucrata L. Dicot Gamopetalae Euphorbiaceae Climber 281 Trema orientalis (L) Bl. Dicot Gamopetalae Ulmaceae Tree 282 Trichilia connaroides (Wight & Arn.) Bentv. Dicot Polypetalae Meliaceae Tree 283 Triumfetta rhomboidea Jacq. Dicot Polypetalae Tiliaceae Herb 284 Tylophora dalzellii Hook Dicot Gamopetalae Asclepiadaceae Climber 285 Urena lobata L. Dicot Polypetalae Malvaceae Herb 286 Utricularia sp. Dicot Gamopetalae Lentibulariaceae Herb 287 Ventilago maderaspatana Gaertn. var. maderaspatana Dicot Polypetalae Rhamnaceae Liana 288 Vernonia cinerea (L.) Less. Dicot Gamopetalae Asteraceae Herb 289 Vigna aconitifolia (Jacq.) Marechal Dicot Polypetalae Fabaceae Climber 290 Vigna unguiculata (L.) Walp. Dicot Polypetalae Fabaceae Climber 291 Viscum sp. Dicot Gamopetalae Loranthaceae Herb 292 Vitex negundo L. var. negundo Dicot Gamopetalae Verbenaceae Shrub 293 Wendlandia heynei (R. & S.) Sant. & Merch. Dicot Gamopetalae Rubiaceae Shrub 294 Woodfordia fruticosa (L) Kurz Dicot Gamopetalae Lythraceae Shrub 295 Wrightia tinctoria R. ssp. tinctoria Dicot Gamopetalae Apocynaceae Tree 296 Xantolis tomentosa (Roxb.) Raf. Dicot Gamopetalae Sapotaceae Tree 297 Zanthoxylum rhetsa (Roxb.) DC. Dicot Polypetalae Rutaceae Tree 298 Zingiber cernum Monocot Monocot Zingiberaceae Herb 299 Zingiber neesanum Ramam. Monocot Monocot Zingiberaceae Herb 300 Ziziphus mauritiana Lam. Dicot Polypetalae Rhamnaceae Tree 301 Ziziphus oenoplia (L.) Mill. Gard. Dicot Polypetalae Rhamnaceae Shrub 302 Ziziphus rugosa Lam. Dicot Polypetalae Rhamnaceae Liana 303 Ziziphus xylopyra (Retz.) Willd. Dicot Polypetalae Rhamnaceae Tree Note: 10 unidentified species are not listed here.

152

Appendix 3: Flow Chart for Permission to Cut Trees on Private Land (This flow chart is given for illustrative purpose only and the author is not responsible for any loss caused due to use of this flow chart)

Farmer interested to cut the trees on his own private forest land

Yes Girth <30 cm

NO

No Permission required Application to ‘Tahsildar’

to register the trees on Index No. 7/12 and land survey

Needs to attach existing map of Land Records

Department

Survey of applicant’s private land by ‘Talathi’ and Forest Round Officer in

presence of 2 witnesses

Internal report of Land Report of Talathi and

Record Dept to Tahasildar RFO to ‘Tahsildar’ regarding land reservation

RO’s report comments on total tree species, quantity, Part 1 their existing status, GBH, exact location on ground,

nearest stream

153

Part

1

Yes Is any reservation No applicable to the land?

Tahsildar issues Form No. Yes Tree within 30 m NO 7/12 mentioning the land dist from natural reservation and tree water source species present on the land

Is tree is diseased/ Yes NO A dead/ decayed/ fallen / became dangerous

Permission Rejected Permission granted under Section 25(2)

C

Unreserved Category Reserved Category Type of tree species

Tahsildar issues a permission Tahsildar cannot issue a permission letter under Section 25/2 only letter but issues Index No 7/12 with for cutting and local use, not entries of total tree species, number, for transport size and girth

C A

154

A

Tree cutting permission for trees under reserved category and trees on reserved land

Application to RFO for Latest Index No 7/12; obtaining ‘Tree cutting Affidavit; NOC of the permission’ neighbors; Map of Land Record Department, Certificate issued under 8A by Tahsildar, NOC of all share holders of the land, Approval

of Agri, Dept. (Optional)

No Valid YES

Reasons

Invalid reasons: Total land Valid reasons: Diseased or tree is in

of applicant is >12 ha dangerous condition, area approved (Cert 8A); incomplete by Agri. Dept for Orchard; wood document, negative required for personal purpose,

remark of RO Positive field survey report of RO

RFO issues cutting permission only for Permission Rejected the specific trees and not all

Inspection and Verification of cut trees on field by RO

B

155

B

Whether Field NO Verification Report of Yes RO match with permission given by RFO

RFO issues temporary RFO can declare it as illicit tree felling ‘Wood Transit License’

RFO can confiscate total wood and can charge penalty

156

C

Application for obtaining ‘Wood

Transit License’ from RFO

Transit Pass Personal use for personal Sale use or for sale

Index No 7/12 & Index No 7/12; Tree Tree cutting cutting permission permission letter of Tahsildar letter under 25(2); Caste certificate

Field Inspection and Verification

Report – prepare by RO for RFO

Contains verification of no. of

trees on ground, no. of trees cut, species permitted for cutting, status of the wood; GBH & purpose of cutting

No Field Verification Report of RO matches permission granted by Yes Tahsildar

RFO can declare it as illegal RFO issues temporary tree felling, confiscate total ‘Wood Transit License’ wood and can charge penalty