Section 26 in Rajasthan Panchayati Raj (Modification of Provisions in their Application to the Scheduled Areas) Rules, 2011
26. Collection and marketing of Minor Forest Produce.
(1)Collection and marketing of Minor Forest Produce other than Bamboo and Tendu Pata shall be undertaken as under:(i)Gram Sabha shall be responsible for organizing collection of all minor forest produce from its area through the Village Forest Protection and Management Committee (VFPMC) or RAJAS Sangh or Cooperative Societies constituted for this purpose;(ii)Gram Sabha shall ensure collection of minor forest produce in accordance with the Memorandum of Understanding signed by the VFPMC with the Panchayat and the Forest Department;(iii)The Gram Sabha shall be responsible for the marketing of the minor forest produce from its area and optimizing its profits;(iv)The [gross revenue] [Substituted 'net revenue' by Notification No. F. 4(6) PESA Rules/Legal/PR/2010/250, dated 27.2.2013-Rajasthan Gazette Extraordinary Part 4(C)(I), dated 1.3.2013 page 194, G.S.R. 119.] obtained shall belong to Gram Sabha. The Gram Sabha shall be free to use this revenue for undertaking community works and for augmenting production of minor forest produce;(v)Gram Sabha may decide to sell the minor forest produce collected from its area to RAJAS Sangh at minimum support price fixed by RAJAS Sangh; and(vi)The Committee constituted for fixing minimum support price for purchase of minor forest produce by RAJAS Sangh shall have representation of the Panchayati Raj Institution.(2)Collection and marketing of Bamboo shall be undertaken as under:(i)Bamboo culms shall not be cut during the time of their flowering. They can be cut with permission of Gram Sabha only after the seeds have been shed;(ii)In each clump of bamboo, at least 3 or 4 old, sound and well grown bamboos shall be left un-felled and evenly spaced along the outer periphery of the clump;(iii)Digging and extracting of bamboo rhizomes shall be prohibited;(iv)Bamboo clumps shall not be cut less than 2 inch or more than 6 inch above the ground except in the case of congested clumps where cutting may be done at the best possible point;(v)Sharp implements must be used in cutting of bamboo clumps to avoid tearing of the culms;(vi)Bambo shall continue to be harvested scientifically on a non-destructive and sustainable basis by the Forest Department for the Gram Sabha;(vii)Wherever VFPMC exists and have undertaken bamboo planting in the Scheduled Area, they may harvest it scientifically under the supervision of Forest Department and transport the produce to Forest Department's depots for auction to derive maximum benefit of the market;(viii)[ The Forest Department shall transfer the gross revenue to the respective Panchayat from whose area bamboo has been harvested; and] [Substituted by Notification No. F. 4(6) PESA Rules/Legal/PR/2010/250, dated 27.2.2013-Rajasthan Gazette Extraordinary Part 4(C)(I), dated 1.3.2013 page 194, G.S.R. 119.](ix)The revenue received from bamboo harvesting shall be spent by Gram Sabha on development of community and regeneration of bamboo.(3)Collection and marketing of Tendua Patta shall be undertaken as under:(i)The trade of Tendu patta is governed by the Rajasthan Tendu Leaves (Regulation of Trade) Act, 1974(Act No.5 of 1974);(ii)The Tendu patta shall continue to be collected by the Forest Department in accordance with the Rajasthan Tendu Leaves (Regulation of Trade) Act, 1974(Act No.5 of 1974);(iii)The [gross revenue] [Substituted 'net revenue' by Notification No. F. 4(6) PESA Rules/Legal/PR/2010/250, dated 27.2.2013-Rajasthan Gazette Extraordinary Part 4(C)(I), dated 1.3.2013 page 194, G.S.R. 119.] received from collection of tendu leaves shall be transferred to respective Panchayats from whose area tendu patta is collected in the ratio of production of Tendu Patta from its area;(iv)The details of Tendu Patta collected from different Gram Sabha areas shall be compiled by the Forest Department in accordance with the procedure finalized by the Advisory Committee constituted by the Forest Department for advising the State Government on the rate at which tendu patta is collected every year;(v)The Gram Sabha shall use 50% of this revenue for infrastructure development and rest 50% on cultural operations required for augmenting the production of tendu patta in its area; and(vi)The Advisory Committee of the Forest Department shall necessarily have representation of Panchayati Raj Institutions.Chapter-VII Control Over Minor Minerals
