PEOPLE'S NATURE HEALTH AND EDUCATION BILL
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PEOPLE'S NATURE
HEALTH AND
EDUCATION BILL - extracted text
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I
PEOPLE'S NATURE
HEALTH AND
EDUCATION BILL
P.R SESHAGIRI RAO
AND
MADHA V GADGIL
■I
¥
Technical report # 55
(307.2)
CENTRE FOR ECOLOGICAL SCIENCES
INDIAN INSTITUTE OF SCIENCE
BANGALORE
560012
February 1995
9
£
CONTENTS
Page
INTRODUCTION
2
THE APPROACH
4
THE FRAMEWORK
5’
THE BILL
10
Formation of Village Nature, Health
and Education Committee and Higher
Committees
Awareness of the bill and
opportunities offered to people ...
10
Formation of Village Nature,
Health and Education Committee
10
3. Qualifications for membership
11
4. Formation of higher committees
11
5. Functioning of higher committees ...
12
6. Nature, Health and Education
Committee as a people's movement ...
12
1.
2.
Village Nature, Health and
Education Committee (VNHEC)
7. Delimitation
VNHEC
of
boundaries
13
of
8. Accrual of property rights
9. Bench mark survey on status of
Nature, Health and Education ..
10.
1
10
Preperation of management plan
and recruitment of staff by
Village Nature,
Health and
Education Committee
(i)
13
*14
14
15
11.
Functioning of Village Health
Worker (VHW)
16
12. Functioning of Village
Education Worker (VEW)
16
13. Handling finances
17
14. Working of Village Nature,
Health Education Committee .
18
15. Prevention of offences and law
enforcement
18
Panchayat Nature,
Health and
Education Committee (PNHEC)
19
16. Working of Panchayat Nature,
Health and Education Committee ...
19
17. Monitoring and evaluation
20
18. Conflict resolution and
rcdressal of grievances
20
Regional Federation (RFN)
20
19. Functioning of RFN
20
Taluk Nature, health and
education committee (TNHEC)
21
20. Supporting activities of VNHEC ...
21.
Allotment of
VNHEC
territories
21
to
21
22. Working of Taluk Nature,
Health and Education Committee ...
22
2^ Monitoring and evaluation of
and
Village Nature, Health
“
Committees
and
Education
Panchayat Nature, Health and
Education Committees
22
resolution
24. Conflict
redressal of grievances
(ii)
and
23
J
w
District Nature, Health and
Education Committee (DNHEC)
25. Norms
23
26. Procedures and formats to be
designed
24
27 . Ensuring compliance to the
norms
24
Establishment of a Technical
Cell
25
29. Working of District Nature,
Health and Education Committee
(DNHEC)
25
30. Participatory Environmental
Impact Assessment
26
31. Monitoring and Evaluation
26
32. Sources of Funds and Handling
of Finances
26
28.
33. Prevention of Offences
Nature Protection Squad .
and
27
M
34. Conflict Resolution and Redressal
of Grievances
State Nature, Health
Committee (SNHEC)
35. Changes
level
in
and Education
policy
28
at
state
28
36. Sharing control over relevant
government departments
28
37. Working
of
State
Nature,
Health and Education Committee ...
29
38. Monitoring and evaluation
29
39. Conflict resolution and forums
for redressal
.
(iii)
i
27
30
National Nature, Health and
Education Committee (NNHEC) ..
40. Supporting
NHEC
the
policies
■1
30
of
30
41. National Environment
Commission (NEC) ...
30
42. Functioning of National Nature,
Health and Education Committee ....
31
Safety Site Authority (SSA)
32
43. Management of safety sites
32
44. Delimitation of boundaries of
safety sites \ SSA and VNHEC . . ..
33
45. Assigning territories to Village
Nature, Health and Education
Committees ........ „
33
46. Protection of interests of
tribals and biological diversity ..
34
47. Working of Safety Site Authority ..
34
REFERENCES
36
Table 1 : Suggested norms for membership
and office bearers of Nature, Health and
Education
Committees
at
different
hierarchical levels
38
Table 2 : Appropriate level of Nature,
Health and Education Committee for
deciding upon regulations, offences
and penal provisions
39
Table 3 : Appropriate authority
supervision of health facilities ..
for
40
Table 4 : Appropriate authority for
supervision of educational facilities ..
41
INDEX
42
(iv)
1
In response to criticisms of the draft forest bill, Shri
/Cima] Nath, India's Minister for Environment and Forests has
called on the voluntary sector to come up with an alternative.
This is a significant opportunity, particularly in view of the
current thrust on decentralization of the political institutions.
The proposed alternative should take an integrated view of the
whole area of natural resource management, introduce a flexible
system capable of fine-tuning to the local situation, and link it
to maintenance of public health, while taking full advantage of
local educational
institutions to manage1 the pertinent
information.
1
I
•*
INTRODUCTION
We stand on the threshold of a potential revolution in the
way country's natural resources are managed. We have arrived at
this juncture for a variety of reasons. Last four decades have
witnessed a process of development focusing on intensifying the
flows of natural resources with large scale state investments to
benefit a narrow elite, while passing on the costs of
environmental degradation to the masses of people. But over these
decades democracy has slowly taken root in our soil, and with
gradually increasing levels of literacy these disempowered people
are beginning to make their voices felt. At the same time, costs
of the highly wasteful, centralized, bureaucratic management of
natural resources can no longer be accepted, especially in the
increasingly
competitive
economic
environment.
Similar
developments in other parts of the world, coupled to the new
promises of biotechnology have forced all nations to take
cognizance of the need to steer economic development on to a
sustainable course and to protect the global heritage of
biological diversity. This prompted adoption of the Agenda 21 for
sustainable development and the signing of the international
convention on biological diversity at the Rio Earth Summit in
June 1992 (1,2). These documents recognize the role of.indigenous
communities and women in prudent management of ecological
resources and call on nation states to respect their traditions
and practices and strive for more equitable sharing of benefits
of use of natural resources, especially biological diversity with
the local communities.
We have every reason to be proud that amongst the Third
World countries India is in the forefront of empowering people
through democratic institutions, as witness the recent 73rd and
74th amendments to the constitution (3,4). India is also in the
lead in revitalizing institutions for involving local communities
in the management of natural resources as manifest in the joint
forest management programmes, in force in West Bengal since 1974,
and formalized through a Central Government circular in June 1990
(5) There have also been other significant initiatives such as
the involvement of ryot sanghas, farmers' clubs in watershed
development programmes in Karnataka. The spontaneous grass-roots
support to the Literacy Mission in many parts of the country, and
the development of village level resource mapping as a component
of the post-literacy programmes by the Bharat Cyan Vigyan Samithi
are pointers in the same direction (6).
India has a vibrant voluntary sector that has played a
significant role in involving people in prudent management of
environmental resources. The women of Chipko movement in Garhwal
Himalayas continue to be active in ecodevelopment camps in the
Alakananda valley (7). The farmers of in Sangli district of
Maharashtra have worked with engineers to build the famous
Baliraja dam and organize a system of equitable sharing of water
resources on their own. Voluntary efforts have often concentrated
simultaneously on health, education and environmental protection
2
and restoration. The recent plague epidemic in India has also
focused attention on the need for much more serious effort at and
people's involvement in maintenance of public health (8).
Simultaneously, we are increasingly realizing that working
against nature will not help in the long run (9). We cannot
indefinitely go on sucking out ground water while allowing the
traditional dmall scale irrigation works to get silted up. We
cannot forever control mosquitoes through broadcast spraying of
DDT for they will evolve resistant strains. We cannot go on
cutting down species rich rain forests and planting them with
Eucalyptus for the monocultures will fall prey to the pink
disease. We cannot go on multiplying the number of trawlers and
purse seiners for the fish and shrimp stocks will be simply wiped
out. Instead, we must work with nature, carefully fine-tuning our
interventions, to get the services we want as efficiently as
possible without introducing excessive perturbations. Thus we
must keep levels of fertilizer usage as low as possible through
carefully monitoring soil conditions, helping it retain its
natural store of organic matter and microorganisms and then
adding only the required nutrients at times geared to promote
efficient uptake by crop plants. We must manage forests as far as
possible by promoting natural regeneration of the multitude of
indigenous species. We must deal with disease vectors like fleas
and mosquitoes by controlling their breeding sites rather than bv
broadcast use of pesticides.
y
Such a programme of managing nature carefully by working
yith, rather than against it, calls for substantial inputs of
information. For in this instance we are dealing with exceedingly
complex systems highly variable in time and space. Detailed
locality and time specific information is therefore an essential
prerequisite of any system of careful, prudent handling of
natural resources and the public health environment. Such
detailed information, continually updated is available only with
farmers, graziers, fisherfolk and forest dwellers who depend on
SUCCeSf °f their day to day subsistence activities
(10,11). Moving towards an information based management of
natural resources will therefore have to depend on involving
these practical ecologists in the management process. It is also
these masses of Indians living close to the earth who stand to
gam most from a shift towards a regime of sustainable use of
natural resources, maintenance of local diversity and of a
healthy public health environment. But today they have little or
no control over their local environment and have instead become
instruments of abuse of the country's common property resources.
The challenge before us then is to move towards a system of
sustainable
use
of
natural
resources,
conservation of
biodiversity and maintenance of a healthy public health
environment by creating appropriate institutions that would put
to good use the potential for genuine motivation and detailed
practical ecological knowledge of local communities (12, 13).
As mentioned above, several tentative moves have already
been made in this direction, moves such as the initiation of the
3
5
joint forest management programmes, extensive involvement of the
voluntary sector in the literacy and drinking water missions, and
the village level resource mapping programmes as a post-literacy
activity. These moves need to be consolidated and appropriately
linked to the country wide set up of Panchayat Raj institutions
now being established. Unfortunately, the draft forest bill of
1994 makes little progress in this direction (14,15). As a'
result, the voluntary sector organized a series of local and
regional meetings to discuss this draft culminating in a national
conference in New Delhi between October 25-28, 1994 that opposed
it. In response, Shri Kamal Nath, the Central Minister for
Environment and Forests called on the voluntary sector to come up
with its own alternative draft (16). The conference on draft
forest bill concluded by stating that it will collectively work
towards incorporating the views of tribals and forest dwellers
all over the country and will then present an alternative plan,
programme and draft legislation of the people for ratification
(17).
This paper is based on a draft of what was termed as the
"People's Natural Resource Management Bill" which was submitted
to the Minister for Environment and Forests at this conference as
a beginning towards the development of an alternative. This
alternative was extensively discussed on October 26 and 27, 1994
at this conference, as also circulated widely to people in
different parts of the country. This has generated extensive,
very useful and detailed suggestions. The purpose of this paper
is to present a version of the alternative draft revised fully in
the light of these suggestions in the hope that it will help take
further the process of development of a viable alternative plan,
programme and legislation.
THE APPROACH
The current bureaucratic regime has greatly fragmented the
control over and management of the country's natural resources
amongst revenue, forest, irrigation, public works, public health
and other departments. It has also established a bureaucratic
monopoly over all information pertinent to environmental
management treating the' practical ecological knowledge of the
people as irrelevant and providing no role for the extensive
network of schools,
colleges, universities and research
institutes of the country in this process. We visualize instead
that all public lands and waters will be managed in an integrated
fashion in conjunction with the privately controlled lands and
waters in any locality with the threefold objectives of
sustainable use of natural resources, conservation of biological
diversity and maintenance of a healthy public health environment.
We also visualize this process as involving local communities as
the principal actors, and being based on careful use of locality
specific information through extensive involvement of local
schools, colleges and research institutions. The Panchayat Raj
4
institutions must play an important role in this process. But the
coverage of the lowest level panchayats is still too extensive to
do justice to the highly locality specific task of managing
natural resources. The proper basic units for such a task will
have to be individual hamlets, settlements or villages. We
therefore visualize "Village Nature, Health and Education
Committees (VNHEC)” as the foundation on which the environmental
management of the entire country would be built up through a
bottom-up process.
These institutions are also expected to play
an important role in more effective management of public health,
and revitalization of the educational system by linking it
closely to first hand experience of local environment and
development issues. These village level institutions will have to
be properly linked to the Panchayat Raj institutions at village
cluster, taluk and district levels.
In place of the incredibly fragmented bureaucratic system,
we instead propose two basic regimes of environmental management
: a supply regime for fulfilling the natural resource demands of
the local people, as well as the larger economy, and a safety
regime focusing on provision of ecosystem services and
conservation of biological diversity. We must also create a
system of positive incentives to ensure maintenance of high
levels of biodiversity in the supply regime especially through
protection of smaller safety zones, and provision for basic needs
of people in the larger safety sites. We therefore visualize
management of the entire landscape and waterscape of the country
as a mosaic of supply sites and safety sites. This will have to
be a co-management between local communities and the larger
society and the larger society will especially have to help
through the support of nature protection squads, help in conflict
resolution and provision of technical inputs.
THE FRAMEWORK
1.
Elements of land and water in any particular locality are
linked
together by flows of energy and material as well as by
human resource use and are an integral part of the overall
ecosystem of the, region. Long term sustainable management of
these resources calls for an integrated and decentralized
approach. The basic unit of such a system of decentralized,
integrated management should be a village/ hamlet / settlement.
2. The current fragmented system of management of public lands
and waters
should be
replaced by a
system based on
reclassification of these lands and waters into safety sites and
supply sites. The larger safety sites shall primarily consist of
existing protected areas and areas with dense forest cover,low
population density and a high proportion of tribal population.
They shall also include ecologically significant areas in sea,
rivers and wetlands. The remaining public lands and waters shall
form supply sites for fulfilling the natural resource demands of
5
r
the people and the larger economy. A series of much smaller
safety zones embedded in the supply sites would complement the
larger sites. The management of safety sites will focus on
provision of ecosystem services and conservation of biodiversity
with adequate provisions for fulfillment of the basic needs of
the local people. A system of positive incentives should be
created to promote maintenance of high levels of biodiversity in
both supply and safety sites.
3. All state controlled natural resources within the territorial
limits of a unit of management such as village/hamlet/settlement,
whether classified as supply or safety sites should be the
collective property of the local community. The community should
enjoy rights over all biomass, minerals, rocks and intellectual
property rights pertaining to knowledge of uses associated with
these lands and waters. The community shall have an advisory and
supportive role in management of private property as well.
Enjoyment of these rights shall be linked to continued good
management of these resources and adherence to certain norms by
the community.
Such norms should aim to protect long term
interests of the community, as well as of the ecosystems, promote
equitable sharing of benefits especially with the weaker sections
and incorporate a system of performance based rewards.
4. Village community level institutions involved in the
management of natural resources should be simultaneously
responsible for a <comprehensive system of primary health care R
under decentralized management to replace
X-— the current system of//
primary health care. These institutions should look after all the *
promotive and preventive health care services, as well as
organize certain curative aspects of primary health care needing/leMUL'U*
simple skills and facilities for diagnosis, management and care.
It should work closely with NGO's that are <_1
already providing
these services or are willing to do so. These institutions should
take full advantage of local human and veterinary health
traditions. The village community should share control with the
Government over the health care delivery system and contribute
towards its operational costs.
5. The village community institutions involved in the management
of natural resources and public health should also be responsible
for primary, secondary, vocational and non-forinal education. Both
the formal and nonformal systems of education at the village
level should have significant components of interactive learning
with the students and teachers involved in monitoring the status
of local environment and public health situation. Such efforts in
monitoring and preparation of management plans for local
environment and health care, along with technical information
from departments of agriculture, horticulture, animal husbandry,
soil conservation, forestry, fishery, public health etc. should
provide the learning situation and material for adult education.
Vocational education should be designed to fit the local needs,
infrastructure and natural resource availability with substantial
inputs from the local community. The village community should
make the fullest use of the information gathered through
6
monitoring as an integral component of the educational process
for devising plans for the management of natural resources and
public health.
6.
The grama sabha of the village should be considered as the
owner of all natural resources in the public domain within its
territory and the final decision
making body in management of
<
heal th and education. Benefits flowing from
natural resources, health
the utilization of natural resources should be equitably shared
amongst members of qramasabha. Such benefit? may be treated as
tradeable but a person's share in the collective property is to
be considered as inalienable. An elected or selected body termed
as the Village Nature, Health and Education Committee (VNHEC)
should function as a trustee for management of this collective
property. It should serve as the executive body implementing the
decisions of the gramasabha and management plan prepared by it.
The VNHEC should have adequate powers to regulate access by
outsiders, as well as group members, and to make the needed
operational rules for management, and equitable sharing of
benefits. The VNHEC should prepare plans for management of
natural resources, health and education with participation and
approval of gramasabha. These village level plans should form the
basis of a larger regional plan incorporating management plans of
other villages.
7.
The government departments should not have a monopoly over
executing works in the management plan,
. ~
j but should have to
compete with private agencies and gramasabha members in winning
contracts to do so. The VNHEC should closely monitor the
implementation of such works and should have the powers to
withhold payment in case of improper execution of works.
8. Several functions can be efficiently performed only at larger
spatial scales above the village level such as taluk, district,
or nation. For this purpose, representative committees should be
formed at higher levels involving NHEC representatives from the
preceding levels as members. Such committees should aid and
support VNHECs in the following functions : (a) Coordinate
management of contiguous patches of forests, water bodies, hill
ranges belonging to individual VNHECs, (b) Organize sharing of
indivisible, fugitive resources like surface and ground water,
natural biological populations based on traditional arrangements
and current requirements, (c)
Deal with transboundary issues
such as downstream influences and prevention of offences, (d)
Disburse funds to VNHECs and also receive payments for certain
services rendered by them to the larger society like conservation
of biodiversity, monitoring of status of contagious diseases and
vectors and participatory environmental impact assessment, (e)
Ensure redressal of grievances of weaker sections and protection
of their interests, (f) Organize evaluation of performance of
individual VNHECs by an independent agency and allocation of
funds on this basis, (g) Resolve disputes amongst lower level
committees, (h) Provide advice and facilities to ensure that
VNHECs get a fair price for market transactions involving surplus
biomass, rocks, minerals, and intellectual property.
7
9. These institutions should function in close coordination with
panchayat raj institutions at village cluster, taluk and district
levels and with state and central governments and should include
the elected members of such bodies at the respective levels along
with VNHEC representatives . VNHEC should have primacy in all
aspects of ownership and management of its collective property
unless it violates the norms to be established by the district
level panchayat body.
10. Currently, natural resources,health and education are
separately managed in a centralized manner by various government
agencies and departments. The role and powers
of these
Government agencies will be so redefined as to support the
activities of VNHEC and be a part of an integrated, decentralized
process of planning,implementation and
management of natural
resources, health and education. The development departments
concerning
natural
resources
like
forest,
agriculture,
horticulture, animal husbandry and fisheries etc. should provide
technical expertise and training. They should be one of several
possible implementation agencies for the management plans
prepared by the VNHEC and consolidated at panchayat level.
Relevant departments concerned with law enforcement regarding
natural resources like forest, revenue, pollution control, coast
guard etc. should depute their officers to form a Nature
Protection Squad. Control over and maintenance of such Nature
Protection Squad shall be shared by district level NHEC body and
the state government.
11. Environmental offences shall be defined in light of the norms
and laws at state and national level. However there should be
enough flexibility allowed at various levels to define offences
and penalize offenders to suit the local context. The scope of
the offences should be widened to include pollution, and
commercial overexploitation.
12. Adequate provisions should be made for protection of
interests of weaker sections by providing forums for redressal of
grievances at appropriate levels. All activities of VNHEC and
higher committees should come under the purview of the sub
committee on welfare of weaker sections
of the respective
panchayat bodies and other relevant institutions at state and
national level.
13.
All conflicts between NHECs should be resolved by higher
committees only. Nyaya panchayats should be constituted at
panchayat level as per Karnataka 1983 act with all activities of
VNHEC and panchayat level NHEC body within its jurisdiction. From
taluk level upwards appropriate legal courts should perform this
function. Special benches should ftSbbe constituted for speedy
disposal of cases.
14.
Continuous monitoring of status of natural resources,
health and education with special reference to status of
contagious diseases, population levels of crop pests, vectors and
8
X
(X
pathogens of humans and livestock diseases is essential foi
proper planning and efficient implementation. Such an effort
should become a part of the interactive learning process in both
formal and non formal education and help, in increasing the
general level of awareness amongst people.
15. Allocation of funds to VNHEC should be based on the
performance as evaluated by the local pre-university and college
students and teachers. Parameters for evaluating performance of
VNHEC should be defined and weights assigned to each parameter
for management of natural resource, health, education at state
level and for conservation of biodiversity at the national level.
The payments to VNHEC'c will be enhanced with good performance
and withheld in case of very poor performance. Persistent bad
SK°UKd r.esul1t in the takeover of the management of
the VNHEC by higher level bodies until the VNHEC can ensure good
performance. There should be internal auditing and evaluation of
^eruOrm?n5e tO scrutinize the utilization of funds by VNHEC and
higher bodies. There should be no auditing by the government.
16.
Livelihood and culture of tribals is closely 1inter-linked
with forests. Livelihood of traditional fisherfolk and
-- 1 nomadic
graziers and shifting cultivators may depend on access to
resources across territories of several village communities, The
new collective property regime of under VNHEC is likely
to
increase their cost
-- - of
^2 resource gathering and bring uncertainty
in contractual <arrangements
---made' with individual VNHECs.
The
interests of such special. groups should be adequately protected.
17.
There should be a National Environmental
Commission
consisting of NHEC representatives,
NGOs
NGOs and
and scientists
functioning as ani independent
:
authority to :: (a) adjudicate over
matters
affecting
natural
. . ~
‘-- - resources, public health, pollution,
displacement of people by development projects, commercial
cxploitLation etc. (b) continuously monitor status of environment
and health at the national level.
natural resources, health, management
plans, budget allocations
r
evaluation reports of VNHEC,
VNHEC, working
working of
of higher
higher committees
committees are
important for success of the
-- ‘ programme.
19.
The system envisages involvement of
Of several institutions
including NHECs at various levels of hierarchy, people's elected
representatives, government departments, NGO's and commercial •
interests m management of natural resources, health and
education. Under such a set up, it is important to ensure that
the balance of power favours VNHEC and panchayat level
institutions.
1
9
20.
As the NHEC system is based on democratization and
decentralization of power across the board, it is bound to face
resistance from certain sections of government and vested
interests and initially
For -it to
. apathy from •people.
*
__
-- be
successful it has to be built ud
up as a people's movement, with
successful implementation of the system a part of the grass roots
political agenda.
21.
Decentralization of powers down to the village settlement
levels would undoubtedly permit the dominant social elements at
at
such levels to exert their influence. The system provides several
checks and balances
--- to minimize the distorting effects of such
influences. In the more open, transparent processes thus
visualized, the role of these influences should in any case be
reduced in comparison with the role they can play in the current
system.
THE BILL
Formation
of
Village
r
Nature,
Committee and Higher Committees
Health
and
Education
1. Awareness of the bill and opportunities offered to people
1.1 It is necessary to create awareness at village level
especially amongst weaker sections about provisions and7 ’
opportunities offered under this bill. This should be attempted ' '
b^lir tO in‘''tiating any of the processes envisaged under this> ■
1.2
Such a ]_programme should
... -be built along the lines of the
National Literacy
Campaign
. “ . \ * ‘with
i active involvement of NGO's,
local schools and colleges and local people. This should involve
posters, information brochures and setting up permanent notice
boards to display relevant information in prominent public
places.
2.
Formation
Committee
village
Nature t
Health
and
Education
2.1 Prior to the first meeting of gramasabha (assembly of all
individuals of 18 years or above in the village or hamlet) for
the formation of VNHEC sufficient notice and publicity should be
given regarding its purpose, venue and date. Invitations should
be sent to each family of the village and acknowledgement of
receipt obtained. Similar procedures shall be followed for all
subsequent meetings of gramasabha by VNHEC.
2.2 The
’
unit of VNHEC can be a revenue village, hamlet or tribal
settlement
1------- L.. The decision as to the appropriate unit to be
10
selected should be arrived in the meetings of the various
gramasabhas within the jurisdiction of a panchayat. Organizing a
gramasabha as specified in 2.1 is the joint responsibility of the
panchayat members, school teachers, local NGO's and the concerned
revenue department functionary. This gramasabha shall be chaired
by the president of the panchayat.
2.3
Members of VNHEC shall be selected/chosen by consens
the gramasabha. The number and composition- of such membe:
specified in section 25.6.
in
is
v/2.4. In case of a lack of consensus in gramasabha regarding
/\selection of members of VNHEC, elections shall be held as per
section 26.3.
2.5 1During the initiation of this process of VNHEC formation the
higher committees; above VNHEC would not have been constituted
during elections for VNHEC. In such a case,
only the president
of VNHEC and its representatives ’to PNHEC shall be elected by
grama sabha. The elections should be supervised by the taluk
panchayat body.
2.6
The entire expenses of such elections to VNHEC shall be
deducted from its
funds of component C as specified in section
13.1.
3. Qualifications for membership
3.1 The VNHEC members shall have a 'term of“ office equivalent to
gram panchayat and the process of selection/election of members
be staggered by at least 1 year with respect to that of panchayat
elections.
\
3.2 Existing members of panchayat raj institutions, state
legislative, or office bearers of cooperative institutions shall
not be selected/elected as VNHEC members. Any sitting member of
VNHEC shall
lo/se the membership in case of acquisition of any
of the memberships mentioned above.
3.3 VNHEC members should be permanent residents of the village
and should not hold any transferable jobs either in private or
/|l public sector.
4. Formation of higher committees
4.1 The higher committees shall be formed in a sequential manner
at panchayat (PNHEC), regional (RFN), taluk (TNHEC), district
(DNHEC), state (SNHEC) and national (NNHEC) level with membership
as indicated in table 1.
4.2
Each committee shall select or elect its representative(s)
for the next higher committee. Only VNHEC members shall hold the
office of the president upto district level and acting vice
11
I
president at state and national level.
The representatives to higher committees, as well, as the
4.3
president\ vice president shall be recalled by 2/3 majority vote
of the electorate.
5. Functioning of higher committees
5.1
All the Nature, Health and Education
Committees (NHECs)
shall have their permanent office in appropriate administrative
headquarters. Such committees shall meet at least once every
month for PNHEC and TNHEC, every two months for DNHEC, every four
months for SNHEC and every six months for NNHEC. An extraordinary
meeting can be called either by president or l/3rd of members at
a minimum notice of a quarter of this period to all members.
5.2 For NHEC committee meeting the quorum shall be the presence
of at least half of its voting members. Such members shall lose
membership for absence in two consecutive meetings without prior
information and valid reasons for doing so. The non-voting
members can be absent with prior permission and only after
deputing a suitable person in their place.
5.3
The NHECs should have power to summon any relevant
government official or examine any relevant record within its
area of jurisdiction by giving adequate written notice.
5.4 All proceedings and records of NHECs shall be open to public
scrutiny and copies shall be provided on payment of duplication
charges.
5.5
Allowances and facilities for NHEC members shall be
equivalent to those of the elected members of panchayat bodies,
state legislature and parliament at corresponding levels. The
expenses in this regard shall be met by DNHEC funds till district
level. At SNHEC and NNHEC level it shall be funded by state and
central government respectively.
5.6
They shall operate in conformity with the provisions of
subcommittee on welfare of weaker sections of panchayat bodies
and other mechanisms for protection of weaker sections formulated
by state government.
6.
Nature t Health and Education Committee as a people *s
movement
6.1 As the NHEC system envisages decentralization and
democratization of power in various sectors it is bound to face
resistance on various fronts
from certain sections government,
vested interests and initial apathy from people. For NHEC to be
successful, it has to be a people's movement with adequate
protection to interests of weaker sections of society.
12
1
LIBRARY
(
AND
----<'1^ DOCUMENTATION
UNIT
*
)> r-
v7
6.2 While legislation and policies are absolutely necessary for
the functioning of NHEC system, they are by no means sufficient
conditions. Protection of interests of weaker sections,
preferential or increased allocation of benefits to poor,
protection of livelihoods of groups of people dependent on
grazing, shifting cultivation, non timber forest produce, inland
fishing etc. cannot be ensured by rules alone.
6.3 (NGO's' should take up this challenge and strive to
a) create awareness amongst people about provisions of the
NHEC system;
b) ensure transparency and accountability in NHEC;
c)
people.
make
the
issues
of
6.1
section
as
social
norms
of
successful working ot
of NHEC system as a political
d) make successtul
agenda at the grassroot level democratic institutions.
6.4 TNHEC shall promote this by
committees from active local NGOs.
constituting
NGO watchdog
6.5 The elected / selected president of NGO watchdog committee
shall attend all NHEC meetings from TNHEC level onwards. Issues
raised by him shall be answered within ten days by the relevant
NHEC president. Each such committee shall select/elect one
representative to the NGO watchdog committee for the next higher
level in the hierarchy.
Village
Nature, Health and
Education
Committee (VNHEC)
7. Delimitation of boundaries of VNHEC
7.1 As delimitation of boundaries is a complex task and can get
contentious, it shall be carried out by PNHEC and TNHEC with the
help of NGO's and concerned VNHECs.
possible, village revenue boundaries shall be
7.2 To the extent possible,
used for this purpose. However existing rights and privileges in
resource catchments, i.e., areas outside revenue boundaries from
which people are used to meeting their biomass and other natural
resource needs a Iso have to be considered.
7.3 In case of two or more VNHECs sharing a single resource
catchment like a forest patch, grazing lands etc. an attempt
shall be made to arrive at a mutually agreeable consensus to the
extent possible.
7.4 Attention should be paid to the traditional rules and
conventions governing the sharing of such resource catchments
especially with respect to water bodies like ponds, rivers and
13
I
*
sea
by two
or more communities. In the event
decision shall be given by TNHEC as per section 21.
of dispute
7.5 VNHECs sharing a continuous resource patch as in section 7.3
or indivisible resources like ground water and streams shall be
subject to the authority of a federation of all such VNHECs as
per section 19.
0• Accrual of property rights
8.1 After delimitation of territories the boundariesi are to be
demarcated conspicuously and permanently. A permanent
record is
to be made consisting of location map of boundaries, land survey
numbers and area of each of the survey number involved. Special
attention should be paid to boundaries in water bodies and their
satisfactory demarcation ensured based either on traditional
practices or any other appropriate method.
«
8.2 The boundaries thus fixed shall be altered only under certain
special circumstances. The entire public lands and waters within
the territory as declared in section 8.1
and benefits accruing
from minerals, rocks and living organisms like plants, animals,
microorganisms in it including intellectual property rights (IPR)
relating to knowledge of uses of living organisms shall be deemed
as the collective property of the Gramasabha.
8.3 Notwithstanding anything said anywhere else enjoyment of the
collective property rights under section 8.2 shall be subject to
certain conditionalities prescribed by DNHEC as per section 25.
Records regarding the territories of VNHEC shall be deposited
with PNHEC and TNHEC.
8.4
The share of the collective property to rany member of
gramasabha is inalienable and shall not be traded, However, the
specific benefits accrued to a member are tradeable.
8.5 The existing privileges in the public lands and waters shall
continue under the new regime of collective property, The
privileges shall be reviewed by DNHEC as per section 29.2.
9. Bench mark survey on status of Nature, Health and Education
9.1 This process shall be initiated by PNHEC. It shall involve
closely all the VNHEC members, volunteers from local people,
teachers and students of local school and NGO's.
9.2
The survey shall make use of and also record practical
ecological knowledge of local people. The parameters for status
on natural resources, health, education shall be specified as per
procedures and formats indicated in section 26.1. Such a process
shall involve simple techniques of data gathering.
t
14
9.3
Findings of such a survey shall constitute a f'community
__i
register' which shall be treated as a permanent record of VNHEcl
It shall be updated based on annual evaluation reports of VNHEC
and copies sent to PNHEC and1 TNHEC. Any unauthorized alterations
shall be considered an offense under section 33.1.
io.
;Preparation of management
________________________
plan and recruitment of $taff by
village NatALrcx Health find Educfitien Conwittcc
10.1
After preparation of community register the VNHEC shall
prepare a comprehensive management plan regarding natural
resources, primary health care and education within its
jurisdiction. Such a plan shall be prepared at and shall also
have the approval of one or more meetings of gramasabha called
for this purpose.
10.2 The gramasabha shall appoint village health worker (VHW)(s)
and village education worker (VEW)(s) . It shall also appoint
other staff necessary for management of natural resources. Such
staff shall receive training as per section 20.2 and be subject
to service rules as per section 26.5.
10.3
The management plan shall include the following:
(a)
Measures needed for development / improvement of
natural resources, village sanitation, primary health care and
formal, nonformal and vocational education. It shall also specify
prioritization of works to be taken up for implementation.
(b)
Physical
works to be carried out like soil and water
conservation, village sanitation, drainage, afforestation etc.
shall be clearly indicated on the map and plan and estimates made
for them.
(c)
It shall identify as safety zones certain areas
suitable for conservation like water-sheds, pristine areas
including those in sea and wetlands,, and sacred groves. It shall
specify measures to promote and conserve biodiversity in both
public and private lands as well as waters. Such efforts shall
include individual efforts in conservation like cultivation of
local cultivars, maintenance of wild relatives of cultivated
plants/animals.
(d)
Decision of VNHEC shall be final regarding the plan in
case of any dispute with PNHEC's or RFN provided it does not
violate section 25.
(e)
This plan shall also take into account outside
pressures like commercial demand, pollution effects, and nomadic
graziers.
10.4
The management plan shall be incorporated into a larger
regional plan by PNHEC preferably on a watershed basis, It shall
decide on the works to be taken up and suitably allot funds of
15
component M of VNHEC as per section 13.4. Government departments
like PWD, soil conservation etc. shall not have a monopoly in
carrying out these works and shall compete with gramasabha
members and private agencies for contracts for the works.
10.5
The payments for works executed shall be
committee handling component M as in section 13.4.
made,
by
the
(a) It shall, if i----*PP°int,a monitoring committee of
gramasabha members to supervise the implementation of works.
(b) It shall withhold payments for unsatisfactory completion
/ quality of works.
functioning of Village Health Worker (VHW)
H.i The VHW(S) shall perform the following functions < ‘
any other functions assigned by gramasabha from time to along
time. with
Pr°vide treatment to certain categories of ailments as
37-4
tabl.e 3 refer other ailments to the Primary
Health Centre and Community Health Centre. She/he shall maintain
records of the patients treated or referred.
(b)
Assist gramasabha in planning for village sanitation
public health, conservation of medicinal'
plants and
Ofc l°cal
health
traditions
and
monitor
implementation of these programmes.
and
f
(o) Create awareness regarding family planning, maternitv
care, nutrition by involving local people / NGO's, local teachers
She/hA®^ I1"
monitoring of health status and campaigns.
She/he will ensure that trained Dais provide adequate maternity
(d)
She/he shall maintain irecords and carry out monitoring
o^t status of communicable diseases,
/ vectors, stomach worms,
drinking water and other relevant health
parameters.
(e) She/he shall involve local village <education
*
worker(s),
school teachers/students, local health practitioners
--;
and other
volunteers in monitoring the health i ‘
status of the people as well
as public health related aspects of the environment. '
12. Functioning of Village Education Worker (VEW)
12.1 VEW shall function as c:
the secretary to VNHEC and shall
perform the following dutiesJ along with others assigned by
gramasabha.
12.2. Send invitations for and give publicitv
about gramasabha
meetings and training programmes.
16
12.3 Maintain relevant records of VNHEC like community register,
management plan, proceedings of VNHEC, budget allocations etc.
12.4 Coordinate the implementation of extension
development departments and vocational training.
activities
of
12.5 These records and technical inputs shall form the learning
situation for adult literacy programme. Along with a team of
volunteers, she/he shall shall run the adult literacy programme
and work with the local school teachers and students in
monitoring the parameters of natural resources and education.
12.6 Formulate a vocational training programme for the village
and ensure that such trainees get continued support from PNHEC
and TNHEC.
12.7 Both VEW and VHW shall receive periodic training as per
section 20.2.
They shall receive payments from PNHEC from
component M of VNHEC subject to recommendations of gramasabha.
13. Handling finances
13.1. There shall be a fund called VNHEC
receive the money from following sources.
fund
and
it
shall
(a) All proceeds from sale, <auction and appropriation of
benefits from the property in its territory as in "section 8.1.
*
(b) From certain taxes levied and fees as decided by it.
(c) Payments from National Environment Fund as Component C
or service charges as [per section 32. The quantum of these funds
shall depend on services performed with respect to conservation
of elements of biological diversity, participatory environmental
impact assessment, monitoring of disease vector populations etc.
13.2 This VNHEC fund shall be deposited in the nearest Bank or
post office
and the accounts shall be operated jointly by 2
VNHEC members nominated by gramasabha one of whom shall belong to
weaker sections.
13.3 VNHEC funds shall be treated as untied funds and can be
allocated in any way deemed fit by VNHEC.
Gramasabha shall have
full knowledge of extent and ‘ allocation of VNHEC funds and all
records have to be presented in its meeting, PNHEC also has an
advisory role in allocation of VNHEC fund and shall receive a
copy of dealings regarding VNHEC fund.
13.4 Funds sanctioned by DNHEC for the management plan prepared
by VNHEC referred to as component M shall be vested with PNHEC.
It shall be deposited in the nearest post office/Bank and shall
be operated by president of gram panchayat, representative of
VNHEC in panchayat and operators of VNHEC fund.
17
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14. Working Of Village Nature, Health Education
Committee
14.1 The VNHEC shall function as the trustee to manage collective
property of gramasabha. It shall carry out the management plan
and other decisions of gramasabha. It shall have sufficient
powers to ensure effective management of natural resources,
health and education.
14.2. It shall design appropriate operational rules for usage and
appropriation of benefits from collective property of grama sabha
and implementation of management plan in general.
14.3 It shall ensure proper functioning of VEW
receive complaints regarding their functioning.
and
VHW
and
14.4 It shall share control over all facilities
“
•
of
of primary,
primary
secondary, inon-formal and vocational education and primary health
care within its jurisdiction and ensure their proper functioning?
14.5 It shall organize gramasabha on a regular basis of at least
once in 2 months to be chaired by either the PNHEC chairman or
the VNHEC representative to it. All the details of various
activities of VNHEC shall be placed before it and discussed.
14.6 It shall participate in environmental impact assessment of .
development projects and pollution causing industries affecting
them as per section 30.
V
14.7 Certain groups like nomadic graziers, fisherfolk, shifting
cultivators, artisans depend on de-facto open access to
government owned lands and waters across resource catchments of
several villages for their livelihood, Under the new collective
property regime of VNHEC the costs of obtaining suchi access would
increase and the informal arrangements
]
made
amongst themselves
and as well as with the villagers would1 be
be put'
put on
on uncertain
footing. VNHEC shall take cognizance of these issues and make
suitable provisions in the management plan.
15. Prevention of offences and
w enforcement
15.1 VNHEC shall also decide on what actions constitute an
environmental offence and take effective measures to prevent it
as per table 2. Provisions of section 25 supersede this^section?
15.2 VNHEC shall devise mechanisms for prevention
declared in section 15.1 which can include :
of offences as
(a) formation of village defence committees as in the Indian
Penal Code.
(b)
offenders.
system
of
rewards
18
for
information/apprehending
(c) organize checks along roads and paths on to the forest
patch.
(d) regulate harvest of timber forest produce/fish/grazing
pressure/NTFP extraction.
(e) any other measures found suitable/needed
15.3 'The burden of proof of there being an offence nhall be on
the VNHEC
-- it <can levy a line or any other punishment deemed
-- and
fit under section 15.1. The offender under section 15.2 shall
have recourse to an appeal to Nyaya Panchayat under section 18.2
within 7 days of receiving a verdict from VNHEC.
15.4 VNHEC shall request the help of Nature r
Protection Squad
constituted as per section 33.3 through PNHEC for prevention of
offenses, and help in law enforcement. C__l_
Such requests should be in
f
the written format
specifying nature of help,, location and
duration for which it is required.
15.5 VNHEC shall make efforts to give publicity to
the
information on environmental offences and punishments
for
such
offences.
Panchayat Nature,
Health and Education Committee (PNHEC)
V
16.
Working of
Committee
Panchayat
Nature,
Health
and
Education
16.1 it shall function as a subcommittee of the
the Panchayat and
enjoy autonomous powers unless it violates the DNHEC nonns and
provisions of Panchayat subcommittee on weaker sections.
16.2 From the individual management plans of VNHEC it shall
prepare a Panchayat level management plan integrating into such a
plan prescriptions for all the areas over which it has control
under 11th schedule of 73rd constitutional amendment act 1993.
oo ’3
froin Nature Protection Squad set up as per section
33 shall attend the PNHEC meetings and be available constantly
for specific PNHECs to accept written complaints and to take
T^e exact strength of such members assigned to
PNHECs shall be decided upon by TNHEC.
^unc^s received for the management plan of VNHEC
shall be controlled jointly as per section 13.4. The funds
received as service charges shall be handed over to VNHEC.
16.5 It shall ensure proper evaluation of VNHEC by a
appointed by TNHEC and as well as internal auditing as team
per
section 23.2. It shall send the reports to TNHEC and
be
responsible for their authenticity along with the
evaluating
agencies.
19
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16.6 It shall make payments to VEW and VHW as per gramasabha
recommendations and to evaluating agencies as per DNHEC norms.
16.7
It shall share control over all educational and health
facilities provided for as per SNHEC decisions in section 37.4.
16.8
It shall arrange for vocational education as per PNHEC
management plan and also provide market, technical, credit
linkages for trainees at Panchayat level itself.
16.9 It shall initiate participatory
assessment as per section 30 by VNHEC.
environmental
impact
W111 undertake all activities to support functioning of
VNHEC and any other tasks assigned by DNHEC.
17. Monitoring and evaluation
17.1 PNHEC shall make payments for students/teachers people from
village community who are involved in the initial benchmark
survey and continuous monitoring of natural. resources, health and
education.
1® • Conflict resolution and redressal of grievances
18.1 It shall refer all disputes between VNHECs to TNHEC and
shall carry out delimitation of boundaries for VNHECs.
shall be
Panchayat
relevant
sections.
grievances shall be referred to Nyaya Panchayats which
set up as per Karnataka Mandal Panchayat and Nyaya
Act 1983. Such grievances can also be referred to all
forums and panchayat
panchayat level
level subcommittee
subcommittee on weaker
Regional Federation (RFN)
19. Functioning of RFN
19.1 Whenever control over a physically continuous patch like a
forest, hillock, or £pond happens to be under more than one VNHEC
belonging to different PNHECs such regional. federations shall be
formed.
19.2 Such RFN shall consist of Presidents of constituent VNHECs
and representatives of Nature Protection Squad and NGOs.
19.3 It shall ensure that the measures taken under management
plan and prevention of environmental offences shall not adversely
affect the operation of other adjoining VNHECs.
20
19.4 It shall ensure coordination and close cooperation amongst
its members especially in sharing indivisible resources like
ground water, streams, natural biological populations like wild
life.
19.5 The president of RFN shall be elected by the constituent
VNHEC Presidents. In case of failure to implement section 19.3
and 19.4 he shall seek the intervention of TNHEC.
19.6 Certain groups like migrant graziers, artisanal
fisherfolk
and non timber forest produce collectors though residents of a
particular village/hamlet/settlement depend for their livelihood
on free and/or subsidized access to resources over large tracts
extending over several villages or even districts in certain
cases. The representatives from such groups should form one or
more regional federations (REN) at an appropriate level at or
below the district level as per section 25.6.
19.7 The president of: such an REN shall be elected/selected by
the representatives. He/she
1
shall seek to protect the interests
of his/her constituents such as migrant graziers, traditional
fisherfolk, non timber forest produce collectors as the case may
be.
Taluk Nature, health and education committee (TNHEC)
20. Supporting activities of VNHEC
20.1 TNHEC shall provide all technical support like maps,
instruments, training needed for benchmark survey, monitoring and
evaluation of health, education and natural resource parameters
in coordination with technical cell of DNHEC.
20.2 It shall train VEW and VHW periodically, provide for
vocational training as per PNHEC management plan, also extend
technical and market linkages through relevant institutions at
taluk level.
20.3 It shall share control with all relevant departments over
health care facilities and education institutions upto pre
university level and ensure that they function as per PNHEC
management plan and DNHEC norms.
21. Allotment of territories to VNHEC
21.1 TNHEC shall decide on partitioning of territories in case of
disputes between VNHECs by considering population, biomass demand
of contending parties,r status of resource catchment, existing
conventions and rules of use.
21.2 The criteria for allotment of territories shall be worked
out by DNHEC. It shall also outline the procedures to ascertain
,,
21
knd
> .;)
such criteria in the field.
21.3 The decision given by TNHEC shall be open to appeal to
DNHEC. However, decision by DNHEC shall be final and binding on
the parties.
21.4 TNHEC shall take the final decision on sharing or management
of indivisible resources between VNHECs like, streams, ground
water, wildlife etc. or in dealing with claims of migrant
graziers, artisanal fisherfolk, non timber forest produce
collectors. This shall be done either in case of an appeal by
relevant RFN of such groups, concerned VNHECs or RFN president.
22. Working of Taluk Nature, Health and Education Committee
22.1 It shall have in its deposition the records of collective
property rights of all the VNHECs, management plans of PNHEC and
VNHEC, evaluation reports of all VNHECs. It shall store all the
information in the community register in ai preferably
computerized data base. Such information shall be iupdated every
year.
w
22.2 It shall also maintain a counter in the local college/high
school to receive inputs for community register. Such informatipn
shall have to be verified by annual evaluation committee of the
concerned area.
22.3 It shall promote maintenance of specimens of elements of
biodiversity in colleges and pay special attention to in situ
conservation of biodiversity in VNHECs.
22.4 It shall identify VNHECs witn
with poor performance and pay
special attention to improving their working through the
respective PNHECs. On persistent poor performance (2 consecutive
years) it can take over such VNHEC under section 27.2.
22.5 :It shall exercise punitive powers with respect to offences
regarding monitoring and evaluation, corruption
(
charges against
VNHEC, PNHEC, and Nature Protection Squad members; and take
necessary action under section 27.2.
22.6 The TNHEC shall have a nodal centre of the National
Informatics Centre Electronic Network, NICNET, which is currently
at district level. This shall be used for communication with
higher committees, to send time bound information on status of
communicable diseases, population of vectors etc.
23.
Monitoring and evaluation of Village Nature, Health and
Education Committees and Panchayat Nature, Health and
Education Committees
23.1 It shall exercise operational authority in appointment of
evaluation committees for VNHECs from students and teachers of
22
Hpv’S MO
local pre-university and under-graduate colleges and NGO's.
a4
23.2 It shall depute up to 7 members of PNHEC as internal
auditors to PNHEC. They shall be chosen on a lottery basis during
the regular meeting of TNHEC. Each PNHEC shalX^uffdergo such an
audit at a miniipum of once in 2 years as per section 26.4
23.3 It shall prepare an abstract of performance evaluation
reports of PNHEC regarding performance of individual VNHECs with
respect to management plan (component M) as also conservation and
promotion of biodiversity (component C).
23.4 Based on evaluation reports and internal auditing it can
recommend to DNHEC every year 5 VNHECs for rewards which shall
go to their component C.
Based on such reports, it shall also
accord non-material rewards like titles or certificates to honour
either persons/VNHECs with exceptional contributions in these
efforts.
24. Conflict resolution and redressal of grievances
24.1
It shall resolve conflicts between PNHECs and VNHECs and
conduct ]necessary investigations after obtaining evidence from
both the parties.
24.2 It shall depute an officer of the Nature Protection Squad to
receive complaints from weaker sections regarding operations of
VNHEC and PNHEC and give a v
*
12^
written acknowledgement
of receipt of
the same. This provision would be publicized widely.
24.3 Within 10 days of such complaint the secretary of TNHEC
shall seek an explanation from concerned VNHEC/TNHEC president
and place it before TNHEC and notify the subcommittee for welfare
of weaker sections and social welfare department at taluk and
panchayat level in this regard.
District Nature, Health and Education Committee (DNHEC)
25. Norms
25.1 DNHEC norms are a set of rules which all DNHECs shall have
to specifically design and strive towards their compliance within
their territories. These norms should ensure that :
25.2 The lands and waters vested with VNHECs should not be
privatized or put to any use benefiting private parties to the
detriment of the general community by altering their status.
25.3 Existing conservation practices like sacred animals, trees,
groves, ponds, etc. shall be protected, as also practical
ecological knowledge of people would be
recognized, respected
and rewarded.
23
*
25.4 No forest produce shall be harvested except under the plan
prepared / procedures laid down by VNHECs. Clear-felling of trees
and sale of timber above a certain ceiling limit would need prior
written permission of TNHEC.
25.5 It shall lay down procedures for VNHEC to reward individuals
for in situ conservation efforts like growing of local cultivars
and maintenance of other genetic resources of value.
25.6 It shall stipulate the total number of members of VNHEC in
proportion to the population and its composition. IIt shall also
specify the proportion of seats reserved for weaker sections in
the VNHEC. It shall also specify the number and spatial. coverage
of special regional federations representing resource users like
migrant graziers, artisanal fisherfolk and non timber forest
produce collectors.
25.7 The migrant graziers shall have their traditional right of
way across any of the VNHEC property. It shall be altered only
after providing them with a satisfactory alternate passage.
26. Procedures and formats to be designed
26.1 It shall in consultation with the technical cell set up as
per section 28.1 and NGO's prepare formats for recording
information on the following.
(a) Details regarding property assigned
permanent records regarding such property.
to
VNHEC
and
(b)
Information on socioeconomic and environmental
parameters especially relating to natural resource use, health
and education of people.
(c)
Community register which documents
biodiversity and associated knowledge systems.
elements
of
26.2 It shall design procedures for rewarding persons involved in
the initial benchmark survey and also for regular monitoring
evaluation and internal auditing of VNHECs from
'
from component
component M.
M.
26.3 It shall set up the procedure for the election process of
VNHEC members.
26.4 1DNHEC
---- shall also design procedures for internal auditing of
4-^ be carried
=
----------PNHEC to
out by----members
of the other pNHECs.
26.5 DNHEC shall formulate the service rules for village health
and education workers.
27. Ensuring compliance to the norms
27.1
It
shall
be
the
responsibility
24
of
PNHEC
and
TNHEC
and
especially Nature Protection Squad that norms prepared by DNHEC
are implemented by VNHEC. Noncompliance of this section shall be
reported to DNHEC and could result in prosecution of concerned
VNHEC president/members and/or take over of VNHEC by TNHEC.
jr
27.2 It should devise procedures by which TNHEC shall be
empowered to take over VNHECs collective property with persistent
bad performance as per the Evaluation Committee reports and also
terms for restoring it to VNHEC.
28. Establishment of a Technical Cell
28.1
The DNHEC shall set up a Technical Cell with adequate
infrastructure. This shall work in close association with
scientific research institutions, universities, colleges as well
as the local population, especially people with high levels of
practical ecological knowledge such as fisherfolk or traditional
health practitioners.
28.2 The Technical Cell shall address the environmental and
public health problems/issues faced by VNHECs or other bodies or
individuals to generate locality specific solutions taking
cognizance of modern scientific knowledge as well as practical
ecological experience of people.
28.3
It shall extend to VNHEC & PNHEC technical help for
preparation of management plan. It shall disseminate relevant
information for the people in the local language.
29.
Working of District Nature,
(DNHEC)
Health and Education Committee
29.1 DNHEC shall function as a sub-committee of Zilla Parishat.
It shall have autonomous powers in matters concerning natural
resources, health and education unless it violates the laws of
the land or verdict of Zilla Parishat sub-committee on protection
of weaker sections.
29.2 It shall have power to make new rules and change any of the
provisions regarding NHECs under its control as in table 2.
An
appeal against such rules will be with the court of law and not
any state NHEC dr NEC.
29.3 For this, it shall convene a meeting of NGO watch dog
committee along with DNHEC and allow for sufficient debate, after
giving one month notice about such meeting and circulating the
information on new rules/amendments to all participants.
29.4 Any further changes in the policies to be recommended shall
require a quorum of 80 percent of members and 3/4 majority, the
NGO watchdog committee representatives shall have voting rights
at such meetings.
25
*
29.5 It shall give rewards to people,
recommendations of the TNHEC.
VNHECs and
RFNs as per
29.6 It shall also recruit the needed office staff for its own
and TNHEC activities and such recruited officials shall be under
total control of DNHEC.
29.7
TNHEC
The funds for maintenance of DNHEC, technical cell and
shall come from the DNHEC fund which is formed by
contribution of a fixed percentage of components C and M and
shall be clearly indicated in the processes of distribution of
funds to VNHEC.
30. Participatory Environmental Impact Assessment
30.1 There shall be a participatory environmental impact
assessment of various impacts on VNHECs like pollution, urban
sewage and waste, mining and various development projects.
30.2
This shall be initiated by DNHEC either on its own, or on
suggestions by concerned VNHECs, on request from the National
Commission z
Environment Commission,
Government agencies,
or private
enterprises.
30.3 The technical cell of the DNHEC shall carry out such an
exercise with the help of affected VNHEC members. The state
pollution control authorities and other such Governmental
agencies shall provide needed expertise, infrastructural support
and training.
30.4 This process shall be carried out for existing problems as
well as proposed projects which come under conditions of section
41.6. The finalized report shall be used to present the case of
VNHEC as per section 41.7.
31. Monitoring and Evaluation
31.1 It shall set up a standing committee for monitoring and
evaluation at district level consisting of one member from each
Taluk evaluation committee which shall submit; status report of
each TNHEC level functioning.
31.2 Such reports shall be compiled and analyzed by the technical
cell. The DNHEC shall receive compiled evaluation reports and
internal auditing reports from TNHECs directly.
32. Sources of Funds and Handling of Finances
32.1 It shall annually receive from SNHEC funds towards component
M upon submission of abstracts of evaluation reports of PNHECs,
and from NNHEC funds towards component C on submission of
evaluation report abstracts of VNHECs.
26
32.2 The funds shall be allotted based on performance as per
section 32.1. The sum total of the performance of constituent
VNHECs shall be considered as the performance of the DNHEC for
both components.
32.3 In the event of false performance claims the president of
the concerned agency like VNHEC \ PNHEC \ TNHEC
or evaluation
committee leader shall be held accountable under section 35.2.
32.4 It shall publish the evaluation reports
allocations.
and
financial
33. Prevention of Offences and Nature Protection Squad
33.1 It shall formulate a set of rules to define offences as in
table 2 which shall be binding on TNHEC, PNHEC and DNHEC itself.
Such rules shall form the general basis of trial of offenders in
the court of law and Nyaya Panchayat and all NHEC bodies .below
the district level.
33.2 DNHEC shall request deputation for staff of Nature
Protection Squad from the existing personnel of state forest
department and other relevant departments like coast
guard,
police, excise, revenue, etc. depending on its requirements.
33.3 The control over such squad shall be shared between DNHEC
and the concerned departments. Exact mechanisms of such sharing
of control shall have to be worked out in each state with respect
to payments, increments, promotions, transfer etc.
33.4 The primary task of Nature Protection Squads is to assist
VNHECs in prevention of environmental offences. Nature Protection
Squads shall ensure that DNHEC norms are followed by VNHEC,
PNHEC, REN and TNHEC. In case of non-compliance they can report
to DNHEC president and also to state level officer of Nature
Protection Squad at SNHEC.
33.5 DNHEC must take notice of jsuch written reports by Nature
Protection Squad and take appropriate action withini 21 days of
receiving such reports and send a copy of action taken to state
level officer of Nature Protection Squad.
34. Conflict Resolution and Redressal of Grievances
34.1 The DNHEC shall design procedures for establishment and
operation of Forums of Redressal and Conflict Resolution at
Panchayat level called Nyaya Panchayats. These shall follow the
model of the Karnataka Mandal Panchayat and Nyaya Panchayat Act
1983.
34.2 It shall be the final forum for resolution of conflict
between any VNHEC and PNHECs. However in the case of TNHECs the
27
final authority shall bo SNHEC.
34.3 It shall set up a district level watchdog committee with
representatives from each of the TNHEC level watchdog committees.
It shall be mandatory for DNHEC to enquire into written
complaints given by the same and carry out follow up action
within one month of such complaints.
34.4 It shall also suggest changes in management plan of VNHEC in
accordance with RFN as per recommendation of TNHEC after giving a
fair hearing to concerned VNHEC.
State Nature, Health and Education Committee (SNHEC)
35. Changes in policy at state level
35.1 The provisions of this bill need large scale changes in the
existing laws and policies of state. At the initiation of this
process the SNHEC shall be responsible for drafting the required
changes.
35.2 The new policies shall promote management of all natural
resources on an integrated and decentralized basis. The
environmental offences shall be defined with :respect to natural
resources and public health including pollution and deleterious
effects of commercial exploitation and urban waste and sewage,
and with respect to false claims of performance, for
"
instance of
conservation of biological diversity.
35.3 The process of preparation of drafts of new legislation
shall involve DNHECs and NGO watchdog committee members/
35.4 Any further changes in the policies to be recommended shall
require. .a . quorum
- ? 80 of
percent of members and 3/4 majority. The
NGO watchdog committee representatives shall have voting rights
in such meetings.
35.5 In the task of formulating and drafting of the policies
SNHEC shall be helped by the relevant departments and legal cell
of state government.
36. Sharing control over relevant government departments
36.1 The powers and functioning of cgovernment departments
*
concerning natural resources, health and education shall have to
be reoriented as per the provisions under the NHEC system. The
SNHEC shall design appropriate set of rules and procedures for
this purpose along with NGOs and relevant departmental
secretaries.
36.2 It shall share administrative control on Nature Protection
Squad and education, and health facilities provided on the basis
28
of section 37.4.
37. Working of State Nature, Health and Education Committee
37.1 It shall set up a standing committee of scientists belonging
to R and D institutions and universities to take up research and
evolve management strategies on specific problems as suggested by
the technical cell of DNHEC and provide expertise for planning
and development.
37.2 There shall be internal auditing of every DNHEC at
once in two years by other DNHEC members.
least
37.3 It shall reward the best performing DNHECs with respect to
component M every year
37.4 It shall ensure that state government shall provide the
facilities for health care and education mentioned in tables 3
and 4 as the minimum requirement. The number of such facilities
to be provided and categories of diseases to be treated at each
level shall be decided on a regional basis considering its
remoteness and extent of current availability of such services.
37.5 The curriculum for formal education till pre-university
level shall include interactive learning through monitoring the
status of local natural resources, public health environment,
socio-economic milieu and ongoing development processes.
There
should be enough flexibility built in for the DNHECs to tailor
the education to their locality specific needs and culture of
people. The non-formal
and vocational education shall be
designed and implemented at the TNHEC and PNHEC levels.
37.6 It shall deal with losses caused by pollution, urban waste
and sewage and unfair trade practices by commercial interests
causing loss to VNHECs. It shall be vested with enough penal
powers by National Environment Commission for this purpose as per
sections 41.5, 41.6 and policies of section 35.
37.7 The costs for maintenance of SNHEC shall be borne by the
state government.
37.8 There shall be a State Nature, Health, Education Fund which
shall receive cpntributions from state government funds earmarked
towards development of Natural resources, Health and Education.
The relevant procedures and norms of election by state government
should be worked out under sections 35.0 and 36.0. DNHEC and SSA
shall receive their component M from this Fund as per their
evaluated performance.
38. Monitoring and evaluation
38.1 The SNHEC shall decide on the parameters for evaluation of
natural resources, education
and health care. It shall compile
29
*
the results of monitoring these parameters from TNHEC and DNHEC
reports which are to be published by it periodically.
38.2 It shall set up a body of scientists, NGOs
and SNHEC
members to assign values to parameters of health, education and
natural resources which shall be periodically reviewed based on
the findings of section 38.1.
38.3 The entire process in section 38.2 shall be transparent and
the copies of the decisions sent to all VNHECs by the committee.
38.4 It shall set up a computer based data bank with adequate
safeguards for relevant intellectual property rights containing
information on natural resources including biodiversity, health
and education and community registers of VNHECs and link this to
the NICNET operated by the National Informatics Centre.
38.5 Such data bank shall remain under the joint control of SNHEC
Vice President and Presidents of NGO watchdog committee and
evaluating committee mentioned in sections 39.2 and 38.2.
39. Conflict resolution and forums for redressal
39.1 It shall be the final forum for appeal
disputes about TNHEC located within the state.
regarding any
39.2 It shall also set up a watchdog committee of NGO's at state
level having representatives from each district which shall help
SNHEC functioning.
National Nature, Health and Education Committee (NNHEC)
40. Supporting the policies of NHEC
40.1 As in the case of SNHEC it shall draft new policies required
for the central government under the NHEC system. It shall follow
the procedures similar to those in
sections 35, 36. The focus
shall be on concurrent subjects of state and center and on safety
sites.
41. National Environment Commission (NEC)
41.1 It shall be constituted from NNHEC representatives,
scientists and NGOs with outstanding contributions in natural
resources, health, and education. It shall have an independent
status and shall be answerable only to the parliament.
41.2 It shall be vested with judicial powers for resolving
disputes within areas of its mandate. It shall have the mandate
on all external impacts on VNHEC like pollution, commercial
exploitative forces, loss/displacement by development projects of
30
government, pest and disease epidemics, etc.
e
41.3 Based on the monitoring committee reports from DNHEC, SSA
and SNHEC it shall <assign values to elements of biodiversity and
identify parameters for evaluation of biodiversityr
which shall
apply to the entire country.
41.4 It shall also collect information on status of communicable
diseases, vector populations and pest and disease outbreaks of
crops as well as livestock on a regular basis.
41.5 It shall receive petitions on pollution, adverse effects of
urban areas, displacement, of persons in developmental projects
etc. and initiate an enquiry at DNHEC or / and SNHEC levels.
41.6 Such cases shall be classified based on the magnitude of the
problem and loss and assigned to appropriate levels. Decisions at
lower forums shall be’ open to appeal in NEC and
its verdict
shall have an appeal only to the special bench of the Supreme
Court.
41.7 In order to conduct an enquiry NEC shall appoint a panel
relevant scientific experts, lawyers, NGOs and NNHEC members
national, state and district levels. They shall hear the case
affected VNHECs or people and conduct direct investigations
the field. The findings of the panel and its judgement shall
published.
of
at
of
in
be
41.8 The panel shall receive financial assistance and honorarium
from NEC and shall be held accountable for their findings.
41.9 The scope of the enquiry shall include existing instances of
section 41.5. The proposed
projects shall obtain a clearance
cl
certificate at the appropriate forums as per section 41.6.
42.
Functioning of
Committee
National
Nature,
Health
and
Education
42.1 There shall be a National Environment Fund and such a fund
shall receive the following contributions.
(a) From biodiversity cess to be levied by central
government on all commodities which benefit from usage of
elements of biodiversity.
(b) Funds earmarked for conservation of biodiversity and
towards management of protected areas by state and central
governments.
(c)
Contributions from international forums,
future
payments received for royalties based on genetic
resources and
knowledge pertaining to it on which India has sovereign rights.
(d)
Fees charged to development projects,
31
industries
etc.
for organizing participatory environmental impact assessment.
(e) Cess on industries and urban areas causing pollution.
(f) Funds earmarked for monitoring status of contagious
diseases, pests and diseases of crops and livestock and vector
populations.
42.2
Funds shall be allotted to individual
performance reports submitted by the district
committees.
DNHECs based on
level monitoring
42.3 It shall stake claims in all appropriate forums for
intellectual
property rights of the VNHECs as per recommendations
. .
of either
DNHEC, SSA or SNHEC.0
42.4 The country's interest in matters regarding natural
resources shall be represented by NNHEC in all international
forums.
42.5 It shall support working of Nature Protection Squads in
DNHEC and also ensure that law ienforcement agencies cooperate
with it and extend infrastructural support.
42.6 It shall pay special attention and extend support to
management of safety sites and ensure their smooth functioning.
42.7 The costs for maintenance of NNHEC shall be borne by the
Government of India.
42.8 It shall coordinate the laws and plans for development
between states so that environmental offenders shall not take
advantage of such differences between DNHECs. This shall be done
by giving appropriate directions t <> DNHECs and SNHECs.
42.9
It
shall
be
the
final
<authority
disputes/con'flicts at DNHEC and SNHEC level.
to
drcido
in
42.10 It shall reward the best performing DNHECs
:regarding
component C based on a system of internal auditing ofI section
37.2.
Safety Site Authority (SSA)
43. Management of safety sites
43.1 The safety sites in contrast with supply sites shall be
carved out of areas of dense forests and sparse population, well
preserved freshwater and marine habitats, existing wildlife
sanctuaries, national parks, biosphere reserves and other
protected areas. The emphasis shall be on
continuity of the
patch and on in situ conservation of biodiversity elements.
32
I
LIBRARY
AND
DOCUMENTATION
V-Apc -no
>
>£
J r-
43.2 The system of management shall be similar to that of supply
sites with certain modifications. Suitable mechanisms shall be
designed keeping in mind the interests of both people living in
the interior of such patches and at the periphery as well as
wildlife and other elements of biological diversity.
43.3 SSA shall be the equivalent of DNHEC. In case VNHECs being
more than 25 it shall be formed from RFNs. In cases where less
than 25 VNHECs are present it shall be «directly formed from
VNHECs.
44. Delimitation of boundaries of
safety sites \ SSA and VNHEC
44.1 Initially the existing boundaries of protected areas shall
be accepted.
44.2 The task of redefining the boundaries of sites from existing
protected areas and other suitable
areas from land, freshwater
and sea
within the state shall be carried out by SNHEC and
across states by NNHEC. It shall however be under powers of NNHEC
to change the boundaries.
44.3 Such jurisdiction of safety sites shall also include
villages in the periphery, who use the forest patch or water body
and/or are affected by wildlife of safety sites.
44.4 Such a process of delimitation of boundaries shall be
participatory in nature involving people of the locality along
with the NGOs active in the region.
44.5 The boundaries shall be decided based on the ground
situation regarding status of vegetation and biological diversity
of the proposed area and livelihood alternatives for the people
dependent on it as assessed by experts from the technical cells
of SNHEC, NNHEC. It shall strive to strike a balance between
interests of biodiversity and people residing in and near safety
sites.
45 .
Assigning territories to Village Nature,
Education Committees
Health and
45.1 Within SSA, the units for formation of VNHEC shall be tribal
settlements, hamlets and revenue villages. The traditional
leadership of tribals/non-tribals shall be consulted in this
regard.
45.2 Territories to individual VNHECs shall be assigned based on
the conventional traditional arrangements in practice amongst
such communities. However, in demarcating such territories
watershed approach and natural boundaries like stream, hillock or
conventional boundaries in case of water bodies are to be
followed to the extent possible. For this process traditional
leadership amongst tribal and non tribals, NGOs active in the
33
area shall be consulted and involved.
4
45.3 After such a process, the property rights are given to VNHEC
as in section 8.0 and in this case final authority shall be the
Safety Site Authority (SSA).
46. Protection of interests of tribals and biological diversity
46.1 As a norm of SSA, harvesting, sale and transport of timber
shall be banned, along with capture, collection and hunting of
endangered species.
4’
46.2 As a norm of SSA, in documenting biodiversity knowledge
systems, it should be ensured by SSA that people employed on such
task shall not misutilize it for commercial gains and proper
safeguards shall be given to information in community register.
46.3 Strategies shall be worked out by the technical cell to
minimize human-wildlife conflicts. Victims of such attacks and
loss of property shall be adequately compensated as per the
procedures fixed by SSA.
46.4 Service charges for the protection of biological diversity
paid to VNHECs shall be at a higher rate than the supply sites.
The exact quantum shall be decided by National Environment
Commission.
47. Working of Safety Site Authority
47.1 The provisions shall be similar to supply sites but the
strength of Nature Protection Squad shall be increased and SSA
shall be equivalent to DNHEC in powers. There will have to be
more cooperation amongst VNHECs to prevent offenses as the forest
patches are continuous.
47.2
It shall maintain a full fledged technical cell of
educational and research institutions to help devise suitable
planning and development strategies for this region.
47.3 Such a set up shall interact closely with VNHECs <and’ ‘help
\
them to implement various development strategies which are in
tune with the culture and traditions of people.
47.4 With the help of its technical cell and expertise from SNHEC
and NNHEC it shall evolve suitable strategies for management of
wildlife, livestock and fodder, trade and value addition to
forest produce, cottage industries based on forest produce.
47.5 It shall encourage social forestry,
agroforestry,
alternatives to fuel wood like gobar gas, stall feeding, improved
management of livestock in peripheral areas to avoid pressures on
safety sites.
34
I
47.6
It
tihciJ 1
unuuro that
the
inanagcinunt oi
ualuty
witeu aha I i
closely involve the people in the area. This can be done by
working closely with interested NGOs, giving special importance
to monitoring committee reports, ensuring that the VNHECs receive
their rightful funds and creating awareness about provisions of
this bill and establishing free flow of information regarding
working of SSA.
JH
* t
35
References
t
1.
United Nations (1992): 'United Nations Conference on
Environment and Development, Rio de Janeiro, Brazil, "Agenda 21”,
pp. 451.
2.
1United Nations Environment Programme (1992) :
Biological Diversity, June 1992'.
'Convention on
3.
Ministry of Rural Development, Government of India (1992) :
"The Constitution Seventythird Amendment Act 1992 on the
Panchayats", Government of India, New Delhi.
4.1Ministry.of Rural Development, Government of India (1992) :
"The Constitution
- - —
-Seventyfourth
•* Amendment Act 1992 on the
Nagarpalika", Government of India, New Delhi.
5.
Deb, D. and Malhotra, K. C. (1993): 'People's c
participation
: The Evolution of Joint Forest Management in south-west Bengal',
in S.B. Roy and Ashok K.
K . Ghosh (eds.)
(eds.) "People of India :
Biocultural Dimensions", Inter India Publications, New Delhi.
6.
Zachariah, M.
and
Sooryamorthy,
R.
(-- - 'Science for
Sooryamorthy
,
(1994):
Social Revolution?' Sage Publications, New Delhi,/ PP- 187.
7.
Down to Earth, April 30, 1993
8.
Down to Earth, October 31, 1994.
9.
Haila, Y. and Levins, R. (1992) : "Humanity and Nature.
Ecology, Science and Society”, Pluto Press,r London.
10.
Gadgil, M., Berkes, F. and Folke, C. (1:
(1993): 'Indigenous
knowledge for biodiversity conservation', Ambio, XXII (2-3), 151156.
11.
Gadgil, M. (1994):
Reporter, June, 12-15.
'Ecology
for the people',
Science
12.
Gadgil, M. and Rao, P.R.S. (1994): 'A system of positive
incentives to conserve biodiversity', Economic and Political
Weekly, Aug. 6, pp. 2103-2107.
13.
Antia, N.H. and Bhatia, K (eds) ( 1993): "People's
x
“Health
1.1. in
People's Hands".. The Foundation for Research in Community Health,
Bombay, pp. 394.
14. Chhatre, A. (1994) : 'A summary
:
and critique of the draft
forest bill 1994' , Vikalp Alternatives
--------- ,, III/3, July-Aug, pp.
pp. 511.
15.
Hiremath, S.R., Kanwalli, S. and Kulkarni, S. (Eds.) (1994):
"All about Draft Forest Bill and Forest Lands”, Samaj parivartan
Samudaya, Dharwad; Centre for
'
Tribal Conscientization, Pune
et.al., pp. 280.
36
Al
16.
Indian Express, October 26, 1994, p.9.
17.
Indian Social Institute (1994)
'Report
Workshop on the Forest Bill', October 25-28.
37
of
the National
*
Table 1 : Suggested noris for teibership and office bearers of Nature, Health and Education Conittees it different
hierarchical levels. At each level the VNHEC mbers should constitute 75X or tore and elected representatives 251 or
less of the voting leibers.
VNHEC
members
Village
Panchayat
Taluk
Elected/
selected
by gramasabh
Two represent*
atives from
each VNHEC at
least one
being a woian
One represen’ One represent’
ative from each ative from
PNHEC
TNHEC
Members of
gran panchayat
Heeders of
taluk
panchayat
Meaders of
Zilla parishat
Neubers of
state
legislature
Meaders of
par 1iarentary
coeeittees
concerning
nature, health,
•education
Elected
represent
atives
District
State
Country
One represent- One represent
ative from each ative from each
DNHEC and SSA of SNHEC and SSA
extending across
states
President
Elected by
gramsabha
VNHEC members
elected by
PKHEC
VNHEC members
elected by
TNHEC
VNHEC members
elected by
DNHEC
Chief iinister
of the state
Prine Minister
of the country
VicePresident
Elected by
grarsabhe
VNHEC member
elected by
PKHEC
Any voting
members of the
TNHEC
Any voting
member elected
by DNHEC
VNHEC member
elected by
the SNHEC
VNHEC member
elected by the
NNHEC
Secretary
Village
Education
Worker
Panchayat
Secretary
Taluk
Panchayat
Secretary
District
panchayat body
secretary
Development
core ssioner
of the state
Secretary,
Environment
Village level
functionaries
Taluk level
functionaries
District level
departrent
heads
Department
secretaries
Department
secretaries
Oeparteents
concerning
natural
resources
Health
Village
Health
Worker
Panchayat
level
functionary
Taluk level
functionaries
District level
departrent
head
Departrent
secretaries
Department
secretaries
Education
Village
Education
Yorker
Panchayat
level
functionary
Taluk level
functionaries
District level
departrent
head
Department
secretaries
Department
secretaries
One deputed
eeaber
Taluk level
officer of the
Nature
Protection
Squad
District level
officer in
charge
State level
officer in
charge
National level
officer in charge
NGO conittee
One niber
One leiber
One mber
One >eiber
Evaluation
Couittee
One nenber
One leiber
One Miber
One MBber
Nature
Protection
Squad
38
Table
2
:
Appropriate level of Nature,
Committee for deciding upon
and penal provisions
Health and Education
regulations, offence.
Responsibility
Vi 1lagp.
Operationalizinq the management plan
District
Norms to be followed by DNHEC, TNHEC, PNHEC
State
False
claims,
corruption,
misappropriation
regarding component M, protection of interests of
weaker sections, formation of VNHEC, external
impacts affecting interests of VNHEC, demands on
biomass from urban areas and commercial interests
Country'
Intellectual property of VNHEC and its members,
false claims, corruption relating to component C,
coordination between various SNHEC laws
39
Table 3
:
Appropriate
facilities
for
of
health
Village
Village health worker, trained dais,
health practitioners
local
Panchayat
Primary Health Centre
Taluk
Community Health Centre
NHEC
authority
supervision
Responsibility
Primary Health Centre (PHC) : to be located at headquarters of
PNHEC. Should provide major facilities like outpatient care
chiefly of referral nature, inpatient services like medical,
ininor surgery, sterilization operations, moderate risk cases of
delivery, first aid and referral for services requiring further •
medical care. It shall have two M.B.B.S doctors, one preferably
female and an additional doctor trained in the indigenous system
of medicine along with other necessary staff arid equipment.
Gomunity Health Centre
(CHC)
:
Health care facility with at
least one being located at TNHEC headquarters headed by a doctor
with post graduate training in medicine preferably in preventive
and social medicine. She/he should be assisted by specialists
consisting of physician, surgeon, gynecologist, pediatrician and
anesthetist with adequate supporting staff, facilities and
transport. Major functions consist of providing backup for all
curative problems beyond skill and facilities at PHC, providing
high level of medical and surgical care for problems referred by
PHC or VHW, maintaining close liaison with PHC and providing
consultancy services and periodic training for VHWs.
40
Table 4
: Appiopriate authority for supervision of educational
facilities.
M
9
NHEC
Responsibility
Village
Anganwadi, primary education facilities
Panchayat
High school and pre-university and non-formal
education facilities
Taluk
Graduate level education, vocat ional training
1aci1 it ies
41
INDEX
Page
Section
accountability
13
6.3(b)
auditing
9,19,23,24,26,
29,32
15,16.5,23.4,
26.2,26.4,31.2
37.2,42.10
awareness
9,10,13,16,34
1,1.1,6.3(a),11.1(c)
14,18,47.6
biodiversity,
biological diversity
2/4,3,5,6,7,
9,15,17,22,23,
24,28,30,31,32,
33,34,36
2,8,10.3(C),13.1(C),
15,22.3,23.3,26. 1(c)
35.2,38.4,41.3,42.1 (oj
42.1(b),43. 1,43.2,46
46.2,46.4
boundaries
13,14,20,33
7,7.1,7.2,8 .1,
8.2,44.1,44 .2,
44.4,44.5,45.2
collective property
6,7,8,9,14,18,
22,25
3,6,8.2,8.3,8.4,
8.5,14.1,14.2,
14.7,22.1,27.2
college
9,22
15,22.2
commercial interests
9,29,39
19,37.6,table 2
community health centre (CHC)
16,40
11.1(a),table 3
community register
15,17,22,24,
34
9.3,10.1,12.3,
22.1,22.2,26.1(c),
46.2
component C
11,17,23,26,
32,39,34
2.6,13.1(c),23.4,
32.1,42.10, table 2
component M
16,17,23,24,26,
29,39
10.4.10.5.12.7,
13.4,23.3,26.2,
32.1.37.3.37.8,
table 2
computer
30
38.4
conflict
5,27
34.2
curriculum
29
37.5
42
departments
development projects
dispute
educational
institutions
4,6,7,8,9,16,
17,21,27,28,
38
5,7,10,10.4,12
19,20.3,33.2,3 3,
35 • 5,36,36.1, t<>.)> 1 e 1
9,18,26,30,31
14.6,17,30.1,
41.2,42.1(d)
14,15
7.4,10.3(d)
1
elected representatives
election
environmental impact
assessment
evaluation
<
f
I
expertise
finances
fisherfolk
forest department
funds
gramasabha
43
9,38
19, table 1
11,24,29
3.1,26.3,37.8
7,17,18,20,26,
32
8,13.1(c),14.6,
16.9,30,30.1,
42.1(d)
7,9,15,19,20,
21,22,23,24,
25,26,27,29,
31,38
8,9.3,15,16.5,
17,18,20.1,22.1
22.2,22.5,23,
23.1,23.3,23.4,
26.2,27.2,31,
31.1,31.2,32.1,
32.4,38,38.1,41.3
table 1
r
8,26,29,34
10,30.3,37.1,
47.4
17,26
13,32
3,9,18,21,22,
24,25
14.7.16.19.6,
19.7.21.4.25.6,
28.1
27
33.2
7,9,11,12,15,
17,19,26,27,
29,31,32,34
2.6,5.5,8,10.4,
13.1(c),13.3,
13.4,15,16;4,
29.7,32,32.1,
32.2,37.8,42.1(b),
42.1(f),42.2,47.6
7,10,11,14,15
16,17,18,20,27,
38
6.7.2.1.2.2.2.3,
2.4.2.5.8.4.10.1,
10.2,10.4,10.5(a),
11.1,11.1(b),12.1,
12.2.12.7.13.2.13.3,
14.1,14.2,14.5,16.6,
34.1,
table 1
grievances
7,8,20,23,27
8,12,18,18.2,24,
34
information
1,3,4,6,9,10,
12,18,19,22,24,
25,30,31,34,35
1.2,5,5.2,
15.2(b),15.5,18,
22.1,22.2,22.6,
26.1,26.1(b),
28.3,29.3,38.4,
41.4,46.2,47.6
in situ conservation
22,24,32
22.3,25.5,43.1
intellectual property rights
(IPR)
6,14,30,32
3,8.2,38.4,42.3
livelihood
9,18,21,33
14.7,16,19.6,
44.5
local health practitioners
16
11.1(e)
local health traditions
16
11.1(b)
management plan
7,15,17,18,
19,20,21,23,
25,28,39
6,7,10,10.1,
10.3.10.4.12.3,
13.4.14.1.14.2,
14.7.16.2.16.4,
16.8.19.3.20.2,
20.3.23.3.28.3,
34.4
monitoring
3,7,7,8,16,17,
20,21,22,24,26,
29,30,31,32,34
monopoly
4,7,16
7,10.4
25,26,29,30,
31,34
29.2,30.2,37.6,
41,41.6,41.7,
41.8,46.4
nature protection squad
8,19,20,22,23,
25,27,28,34
10,15.4,16.3,
19.2,22.5,24.2,
27.1,33,33.2,33.4,
33.5,36.2,47.1
NGOs
9,13,20,28,30,
31,33,34
6.4,17,19.2,
36.1.38.2.41.1,
41.7.44.4.45.2,
47.6
j
*
national environment
commission (NEC)
44
i
5,8,14,10.5(a),
11.1(c),11.1(d),
11.1(e),12.5,
13.1.17.17.1.20.1,
22.5,23,26.2,31,
31.1.37.5.38.38.1,
, 41.3,42.1(f),42.2,
47.6
NICNET
22,30
22.6,38.4
non-voting members
12
5.2
norms
6,8,13,19,20,
21,23,24,25,27,
29,38,39
3,9,11,6.3(c),
16.1,16.6,20.3,
25,25.1,27,27.1,
33.4,37.8,table 1,
table 2
nyaya panchayat
19,20,27
15.3,18.2,33.1
offences
7,8,18,19,20,
22,27,28,39
8,11,15,15.2,
15.5,19.3,22.5
33,33.1,33.4,35.2
40, table 2
performance
6,7,9,22,23,25,
27,28,29,32
3,8,15,22.4,
23.3,27.2,32.2,
32.3,35.4,37.8,
42.2
panchayat raj
4,5,8,11
3.2,9
policy
28
35
pollution
8,9,15,18,26,
28,29,30,31,32
10,10.3(e)-,11,
14.6,17,30.1,
30.3,35.2,37.6,
41.2,41.5,42. 1(e)
power
9,10,12,25
5.3,6.1,19,20,
29.2
practical ecological
knowledge
3,4,14,23,25
9.2,25.3,28.1
primary health centre (PHC)
16,40
11.1(a),table 3
property rights
6,14,22,30,32,
34
3.8.8.2.8.3,
22.1.38.4.42.3,
45.3
protected areas
5,31,32,33
2,42.1(b),43.1,
44.1,44.2
research
4,25,29,34,36
28.1,37.1,47.2,
resource,
catchment
fugitive
indivisible
sharing of
13,21
7
7,14,21,22
13,14,21
7.3,21.1
8
8,7.5,19.4,21.4
7.3,7.4,7.5,19.4
t
4
45
J
L
$
4
safety site
34
school
11,14,16,.17,
22,41
2.2,9.1,ll.l(e),
12.5,22.2,table 4
selection
11
2.4,3.1
service charges
17,19,34
13.1(c),16.4,
46.4
sewage
26,28,29
30.1,35.2,37.6
sharing of
control
benefits
22,27
2,6,7
21.4,33.3
3,6,8
shifting cultivators
9,18
14.7,16
technical cell
25,26,34
28,28.1,29.7
46.3,47.2
territory
7,14,17
6,8.2,13.1(a)
trade
29,34
37.6,47.4
training
8,15,16,17,21,
26,40,41
10,10.2,12.2,
12.4,12.6,12.7
20.1,20.2,30.3,
table 3,table 4
tribals
4,9,33,34
16,45.1,46
urban
26,28,29,31,
32,39
30.1,35.2,37.6,
41.5,42.1(e),
table 2
village education worker (VEW)
15,16,17,18,
20,21
10.2,11.1(e),12,
12.1,12.7,14.3,
16.6,20.2
village health worker (VHW)
15,16,17,18,20,
21,40
10.2,11,11.1,
12.7,14.3,16.6,
20.2,table 3
wild life
21,22,32,33/
34
19.4,21.4,43.1,
43.2,44.3,46.3,
47.5
voting members
12,38
5.2, table 1
watchdog committee
13,25,28,30
6.5,29.4,34.3
35.3,35.4,38.5
39.2
watershed
2,15,33
10.4,45.2
46
>
weaker sections
6,7,8,10,12,
13,17,19,20,23,
24,25,39
1.1.3.5.6.6.1,
6.2.8.12.13.2,
16.1.18.2.24.2,
24.3,25.6,29.1,
table 2
2
women
*
47
I
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