Comparative Study of Provincial and local Forest Related Rules and Regulations

1. NAMESTE
AND
WELCOME
1

2. A termpaper on
Provincial and Local Forest Policy Review
(Term Paper on Forest Product Utilization“SFB 704”)
Presenter
Anand Jha
Roll: 3,4,5,13,18
M.Sc. forestry,1st yr.1st semester
Institute of Forestry,
Hetauda Campus, Hetauda
Nepal
Submitted to
Bijay Yadav
Module Co-ordinater,
Forest Product Utilization
Assistant professor,
Institute of Forestry,
Hetauda Campus, Hetauda,
Nepal

3. OUTLINE OF THE
PRESENTATION
 INTRODUCTION
 SOME SPECIAL ACTS, POLICIES AND PLANS REGARDING
FOREST AND ENVIRONMENT IN NEPAL
 PROVINCIAL AND LOCAL FOREST POLICY
 PROVISION AND OPPORTUNITIES
 POLICY DUPLICATION AND CONTRADICTION

4. Fedralism
INTRODUCTION

5. INTRODUCTION CONTD…
Federalism is a form of political organization in which power in a country’s
government is officially divided between a central authority and territorial
subdivisions(federal, province and local government respectively)
(Thompson, 2013).
In contrast, countries where a majority of forest lands are still public but
under provincial-ownership (e.g., Canada and India) “tend to have a better
record of effectively controlling the public forest estate. (Thompson, 2013).
It is found that where a majority of the forest land is owned by the federal
government and managed by a central forest agency (e.g., Nigeria and
Russia), control of public forest lands was “very weak”. So forest ownership
be under provincial.
It is found that a majority of forest lands are still public but under provincial-
ownership (e.g., Canada and India) “tend to have a better record of
effectively controlling the public forest estate. so, in Nepal it is to be implanted
effectively.

6. SOME SPECIALACTS, POLICIESAND PLANS REGARDING FORESTAND
ENVIRONMENT IN NEPAL
The Constitution of Nepal
Schedule-5 List
of Federal
Power
Schedule-6
List of State
Power
Schedule-7 List
of Concurrent
Powers of
Federation &
State
Schedule-8
List of Local
Level Power
Schedule-9 List of Concurrent
Power of Federation, State
and Local level
27. National and
international
environment
management,
national parks,
wildlife reserves
and wetlands,
national forest
policies, carbon
services
19. Use of
forests and
waters and
manageme
nt of
environme
nt within
the State
23.Utilization
of forests,
mountains,
forest
conservation
areas and
waters
stretching in
inter-State
form
21.Protectio
n of
watersheds,
wildlife,
mines and
minerals
7.Forests, wildlife, birds,
water uses, environment,
ecology and bio-diversity

7. National Forest Policy 2075
Contains development imperatives, outlines, strategies, and
programs, and summarizes the investment required to develop the
forestry sector.
Long term vision:- Socioeconomic and cultural prosperity through
managed forest area and balanced ecosystem.
Strategies:- 8 strategies
Forest land ownership, Sustainable, participatory management of
forest resources, Development of green industry and national
prosperity etc.

8. Forest Act 2076
Environment Protection Act 2076

16. Forestry Sector Strategy Plan 2016-2025
It is formulated to guide the future development of Nepal's forestry sector for the
coming ten years. It is based on the framework of the Forest Policy 2015,past
learning from the implementation of the Master Plan for the Forestry Sector,
which came to an end in 2011.
The FSS identifies seven key thematic areas which form the core area of the
strategy. They are:
1. Managing Nepal 's forests
2. Managing ecosystems and conserving biodiversity
3. Responding to climate change
4. Managing watersheds
5. Promoting enterprise and economic development
6. Enhancing capacities, institutions and partnerships
7. Managing and using forestry sector information

17. Province National Forest Act 2076
Boundary Demarcation Of Province
Forest managed by government
Protection Forest
Community Forest
Community Forest User Group
Leasehold Forest
Religious Forest
Forest development on Private Land
Others……..

18. PROVINCIALAND LOCAL FOREST POLICY
1 Name of Ministry Ministry of Forest and
Soil conservation
Ministry of Forest and
Environment
Name of ministry
changed in federal
structure
2 Name of Department Department of Forest Department of Forest and
Soil conservation
Size and scope of the
departments are
minimized in federal
structure
Department of Soil
Conservation and
Watershed Management
3 Province level Ministry None Ministry of Industry,
Tourism, Forest and
Environment at Province
level
New in Federal Structure
4 Regional Directorate
(Forest)
5 Regional Directorates
in 5 Development
Regions administered
under the Department of
Forest
7 Forest Directorates in 7
Provinces administered
under the Province level
Ministry of Industry,
Tourism, Forest and
Environment
Old RDs dissolved in
federal structure
6 Forest Training Centre 5 Regional Traning
Centre
7 Forest Research and
Traning Centre
Dissolve into Forest
research and Training
Centre
7 District Forest Office 74 districts 85 Divison Forest Office District Forsest office are
rearranged in Division
Forest Office
8 Sector and Illaka 92 sector and 692 illaka 531 Sub Division Forest
Office in 77 districts
New structure instead of
Sector and Illaka

19. PROVINCIALAND LOCAL FOREST POLICY
Ministry and its Section at Central Government
Departments at central level
Forest Ministry at Province level
Role of the Central Level is to coordinate between and among
Province
Coordination with Province for Landscape level Conservation
Province have authority on natural resources protection,
management and uses.
See the annex in the constitution

20. PROVISION AND OPPORTUNITIES
Provenance
Forest
Directorate
Forest
Research
andTraining
Center
Division
Forest
Office
Soiland
Watershed
Managemen
tOffice
RiverBasin
Office
Remarks
1 1 1 15 2 1 Koshi
2 1 1 8 2
3 1 1 15 2 1 Kulekhani
4 1 1 11 2 1 Gandaki
5 1 1 14 2
6 1 1 11 2 1 Karnali
7 1 1 10 2 1 Mahakali
Total 7 7 84 14 5

21. Misconceptions among members of local government that forests within
the area of Municipalities/Rural Municipalities are the property of the
Municipalities/Rural Mun
Section 17 of the Forest Act stipulates that no person shall be entitled to
any right or facility of any type in national forests.
 Most of the Municipalities and Rural Municipalities have competition for
the collecting sand/gravel mining from the rivers and contradicting with
forest boundaries.
 FECOFUN is fighting against taxes levied by federal, provincial and local
governments.
Being an unevenly distributed revenue base and natural resources,
the demarcation of functions and finances (taxes and expenditures)
between the centre, the states, and the local level is in contradiction
with the people. The well-design fiscal arrangements for federal Nepal
have become necessary.
Contradiction between Forestry and Decentralization Legislation
POLICY DUPLICATION AND
CONTRADICTION

22. POLICY DUPLICATION AND
CONTRADICTION
 The following legislation empowers the Government to acquire any
land to fulfil the objectives of the Acts.
Section 4 of the Public Road Act, 1974
Section 16 of the Water Resource Act, 1992
Section 21 of the Electricity Act, 1992
Section 3, 4, and 25 of the Land Acquisition Act 1977
 The Nepal Mines Act 1966 has vested the ownership of any minerals in the
Government.
The provisions relating to declaration of a watershed area under the Soil and
Watershed Conservation Act 1982 are contradictory to the Forest Act.
Section 10 of the Environment Protection Act 2076 empowers the Government
to designate any area as an environmental conservation area (e.g. Chure at
present). This provision will come into conflict with the Forest Act once the
Ministry of Environment, Science and Technology start delineating conservation
area.
Contradiction between Forestry and Other Legislation

23. CONCLUSION
 There is federal system of government in Nepal. In federalism, power in a
country’s government is officially divided between a central authority and
territorial subdivisions (federal, province and local government
respectively).
 Ownership and power division According to Nepal constitution 2072
over Natural Resources at different level i.e, federal in Annex 5, provinces
in Annex 6 , local level in Annex 8. federal and province common in
Annex 7, federal, province and local government common in Annex 9.

24. Any
Suggestions
Heartly
Welcome!!!