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State of Madhya Pradesh - Section

Section 5 in The M.P. Lok Vaniki Rules, 2002

5. Sanction of the Management Plan.

(1)The application for sanction of a management plan prepared for private areas shall be submitted to the DFO in Form-1 alongwith 5 copies of management plan.
(2)The application for sanction of a management plan prepared for revenue areas proposed to be managed as 'Lok Van' shall be submitted in Form-2 alongwith 5 copies of management plan. The application in such cases shall be submitted to the DFO by an authorised representative of the concerned Gram Panchayat or Gram Sabha alongwith a resolution of the Gram Panchayat or the Gram Sabha, as the case may be, for the sanction of the plan.
(3)The Competent Authority shall have powers to inspect the plan area himself or through his authorised representative, to verify the validity of any prescriptions made in the management plan. Based on such action, the competent authority may suggest certain amendments in the proposed management plan. In such case, the [applicant] [Substituted by Notification No. F. 25-15-2005-X-2, dated 18-1-2006.] shall submit the revised plan incorporating the amendments suggested by the Competent Authority.
(4)[ The Competent Authority for sanctioning the management plan shall be the Divisional Forest Officer. In case where the management plan area exceeds 10 hectares, the Competent Authority shall submit the management plan with his opinion to the Ministry of Environment and Forests, Government of India for approval through the State Government within 30 days after the receipt of management plan.] [Substituted by Notification No. F. 25-15-2002-X-2, dated 7-6-2006.]
(5)The Competent Authority shall take decision regarding the sanction of management plan within 30 days if the management plan area is upto 10 hectares and in case where the management plan area exceeds 10 hectares, the Competent Authority after receiving the approval as required in sub-rule (4) shall issue the sanction order of the management plan within 7 days.
(6)The Competent Authority shall pass an order of sanction for a management plan of private area in Form 3 and for a Lok Van in Form 4. Conditions for the implementation of the management plan may be specified in Schedule-II/III of the sanction order.
(7)After having sanctioned the management plan, the Competent Authority shall send a copy of the sanctioned plan along with sanction order to the concerned Bhumiswami, Gram Panchayat or Gram Sabha as the case may be [x x x] [Omitted by Notification No. 25-15-2005-X-2, dated 18-1-2006.], A copy of the sanction order along with a copy of the sanctioned management plan shall also be endorsed to the concerned Sub-Divisional Officer (Revenue) for intimation and for the purpose of entry into the land record under sub-section (2) of Section 114-A of the Code, as provided under Section 4 of the Act.
(8)In case the Competent Authority denies the sanction of the management plan, he shall record the reasons of denial and such order shall be communicated to the applicant.
(9)If the management plan area is upto 10 hectares, an appeal against the order under sub-rule (8), shall lie before the Conservator of Forests having territorial jurisdiction. Such appeal against the order of the Competent Authority can be preferred within 30 days of the receipt of the denial order. The Conservator of Forests, after hearing the [x x x] [Omitted by Notification No. 25-15-2005-X-2, dated 18-1-2006.] concerned bhumiswami/ representative of Gram Panchayat or Gram Sabha, shall decide the appeal within 60 days. The decision of the Conservator of Forests shall be final and binding. This decision shall be communicated to the applicant in writing and a copy shall be endorsed to the Competent Authority.