POLICY NEEDS FOR BAMBOO DEVELOPMENT

by N.S. ADKOLI, IFS (Retd) The National Forest Policy of 1952 was revised in 1988 to exclude supply of raw material to wood based industries from the forest lands. Imports and farm forestry were advised for supply of raw material to forest based industries. Whereas some relaxations were made for encouraging timber imports, no incentives or policy interventions were made to encourage tree and bamboo cultivation on private estates and farms. Farm forestry and Social forestry were included in the eleventh schedule by amendments to the Constitution of India in 1992. But statutory changes to suit these amendments have not been made. Bamboos and other forest produce are still under the statutory control of the forest department. These controls have become obstacles to the healthy growth of farm forestry in India, even though some technological advances have been made to achieve improved productivity from unit areas.

Abstract:-

Urgent need for the changes in the attitude of the governments to relax controls and provide incentives to the farmers and investors has been suggested on the basis of a study and statistics of supply of raw material to the wood based industries in the country. It is concluded that the National goal of reaching one third of the geographical area under tree cover, can be achieved only by relaxing controls on farm trees, incentives for the growth of farm forestry and providing adequate share of state investments for tree cultivation outside forests. Encouragement to private investors by tax incentives and policy on land holding can help in the National Afforestation program. Being a signatory to the ‘Copenhagen accord’ in 2009, India is duty bound to arrest climate change through massive tree cultivation for which there is a vast scope outside forests and by extensive use of bamboos.

Key words:- Forest policy, Forest controls and farm trees.

1. Policy:- The National Forest Policy:- The National Forest Policy of 1952 had included growing, harvesting and supplying forest produce to meet the requirements of industries, defense, housing, communication and the people etc from our forests. But the revised National Forest Policy of 1988 gave emphasis on forest conservation and sustainable supply to meet the needs of the community. The forest based industries were required to depend on imports and tie-up with the farmers for their raw material. Bamboos form important raw material for the pulp, paper and rayon industries, besides their use as substitute for timber in panel products. Bamboos form the source of livelihood to millions in India and have uses in all sectors of economy. Import of timber was liberalized and customs duty was slashed after the 1988 forest policy. Unfortunately, no efforts were made nor any incentives given for growing trees, bamboos and canes as a follow up of revised forest policy. Dependence on import for timber and products of wood to meet the needs of industries is a retrograde step, when such products can be grown in our forests and farms, with large economic, environmental and social advantages.

2. Provision in the Constitution of India:- By the 42^nd amendment to the Constitution of India, forestry became a concurrent subject in early 1977. Hence, the forest policy for all the states and the union territories has to be identical to the National Forest policy. Social Forestry and Minor forest produce have been included in entries 6 & 8 in the Eleventh Schedule and Urban forestry in entry 8 under the twelfth schedule of the constitution of India under article 243 g w.e.f 1992 & 1993 respectively, as a result of the 72^nd and 74^th amendments. These subjects are now governed by the Panchayat Raj institutions of the state. Powers and functions under the Karnataka Forest Act (1963) & rules (1969) and under the Karnataka Preservation of Trees Act-1976, have to be delegated to these Panchayat Raj Institutions. It has become constitutionally necessary to make amendment to the state forest act and rules.

1. State Control on Bamboos :- In view of the amendments to the Constitution of India, control on felling and transport of bamboos under the State Forest Acts is repugnant to the provision in the Constitution. By an order on 29-10-2006, a division bench of Karnataka High Court, while hearing W.A Nos; 2972/2003,3019 &3054/2003, has ruled that bamboos grown on private lands become “agricultural produce”. It is learnt that the government of Andhra Pradesh has termed trees and bamboos grown on farm lands as “agriculture produce”. Continuance of bamboos in the list of “forest produce” under the definition in section 2(7) of the state forest act is repugnant to the high court ruling.

2. Changes in wood production:- Farm forestry was given more importance in the national development plans to increase the tree cover outside the forests. Poplar, Eucalyptus, Rubber, Casurina, Subabul, Sissoo, Silver oak etc have been accepted by the farmers in agro-forestry in the last thirty years. These trees are grown on private estates and farms for which the consumer industries have provided promotional assistance. Even high-tech cultivars have been identified and introduced for higher productivity. Hundreds of wood based industries have come up in the states like Haryana, Punjab and the plains of Uttar Pradesh, Orissa and Karnataka, dependent entirely on farm trees. The report of the Forest Survey of India and the EMPRI in 2009 have mentioned that less than 1.5 % of timber used by the industries in Karnataka originates from the forest and 98.5 % comes from Farm Forestry and imports. The assumptions by CEC, the Supreme Court and the forest administration that the Woodbased industries cause forest decimation is erroneous and the governments should guide the court properly.

3. Harvest by the state agencies:- By the order of Karnataka government, harvesting of timber, pulpwood, bamboos and fuelwood in the forests is done by the department or the State Corporations since 1992. Attaching the stigma to woodbased industries for imaginary encouragement to smuggling is unrealistic and leads to an admission that the state administration is involved in such illegal activity. Continuance of state control on felling and harvest of trees grown outside the forests is unwarranted and is counterproductive to the National Afforestation Program (NAP). Farmers donot depend on the state agencies for harvest or marketing of trees grown by them.
4. Exemptions given:- By issue of notifications in 2000 and 2002, a dozen species like Eucaplypts, Casurina, Silver-oak, rubberwood etc have been given exemption from the control of the forest department on fellings and transport. This relaxation has lead to self sufficiency in the pulp-wood supply and dependence of timber industries on supply from Estates and farms. Since 1985, the industries have assisted farmers by arranging supply of quality planting stock and ready market for their produce. These examples are available to the policy makers to liberalize statutory controls on farm grown trees. The supply of pulpwood in Karnataka has risen from about 600,000 tons in 1985 to over 1.5 million tons now (2009).

3. Control of forest administration:- In the early part of the twentieth century, bamboo was considered as a weed in forestry practice. The resource was much higher than the demand and uses. Bamboos were neglected in forest management. In the Indian Forest Act of 1927 and most state forest acts, bamboos and canes (rattan) were included as “trees” in the definition under subsection 7 of section 2. Since ‘timber’ included “trees” under subsection 6 and “timber” got included in the definition of ‘forest produce’, whether found in, brought from a forest or not, under subsection 4 of section 2. Bamboos got into rigid control of the forest regulations, even when they were grown in private lands. Such control was justifiable under the National Forest Policy of 1952, but not so under the revised National Forest Policy of 1988 and the revised priorities under the National Development Plans, by which social forestry including farm forestry, got a boost in investments. The importance given to increasing green cover outside the forests under the National Afforestation Program (NAP) and the efforts made by the pulp and paper industries in the last twenty five years to promote cultivation of fast growing trees of economic importance, have helped in acceptance of tree culture by the farm community. However, the control exercised by the forest authority on felling and transport of many useful trees, bamboos and canes has become major obstacle to acceptance of farmers to grow bamboos, canes and trees for deriving economic benefits. Trees, bamboos and canes save from misery to rural population in times of calamities like famine, flood, earth quake and other disasters.

4. Relaxing state control:- For reasons already described earlier, the state should amend the definition of “ forest produce” in section 2 of the KFA-1963 to release farm trees from the state control on felling and transport. Andhra Pradesh is said to have described farm grown trees as “agriculture produce “. It is relevant to mention that ‘Agro-based industries’ have many state incentives for investment, as against “forest based industries”, which have negative priority and too many obstacles, including the wrath of the CEC and the Apex court. In the last eight years, resolutions to relax state control on felling and transport of farm trees and bamboos have been passed and sent to the state authorities in many seminars and workshops. The state authorities should be responsive to the demands of the public.

5. State policy on promotion of bamboos:- In consideration of a report of an expert committee created by the Ministry of Environment and forests in Delhi on bamboos in 1998, two National Bamboo Missions are now existing and operating in India. Unfortunately, the National Mission on Bamboo Application (NMBA) works under the department of science & technology for the past eight years and the National Mission on Bamboos for increasing resources is working for the past two years under the ministry of agriculture and horticulture. Since the major control of bamboo resources including the statutes is with the ministry of environment and forests (MoEF), there is lack of coordination among these ministries to work for a common objective. Despite the efforts made by the two missions, there is no relaxation on the statutory controls. The National Bamboo Mission has a target of additional bamboo plantations of 80,000 Ha each, in forests and nonforest areas during the eleventh five year plan. The achievements made in the last two years reveal that the progress of additional bamboo plantations in the nonforest areas is poor. This is mainly due to unrealistic allocations for nonforest bamboo development and the fear of red tape involved in felling and transport of harvested produce. Similar problem persists with regard to extension of many important indigenous economic tree species like Teak, Rosewood, Sandal, Deodar, Pines, Sal, Hollock,Hollong, Laurel, Gumkino, Benteak etc.

6. Amendments proposed:- a) Harvested produce of bamboos and trees grown on farms or private lands should be removed from the definition of ‘forest produce’ under subsecion 4 a of section 2 of the Indian and state forest acts and transferred to subsection 4 b” in these Acts. b) There should be total freedom to bamboo and tree growers on private lands to fell and transport the produce, even under the state acts for tree preservation. c) Growing of trees and bamboos should enjoy the same exemption on ceiling on holdings under the State Land Reforms Acts like growing Tea, Coffee, Cardamom, Cocoa and such plantation crops. These changes will help in healthy and fast growth of bamboos and economic trees on all private fallow lands, on the boundaries and bunds of private holdings, roadsides, canal banks, below high tension power lines, bunds of tanks and rims of water reservoirs, along either side of railway lines etc. Besides, tax incentives for tree cultivation should be given to investors.

7. Neglect of farm forestry in the guidelines for use of CAMPA funds:- On the basis of a direction of the Supreme Court in its order dated 30-10-2002, the ministry of Environment & forests (MoEF) has collected over Rs 6000 crores as Net Present Value (NPV) and kept the sums in Nationalised bank in interest earning deposits. Together with the accrued interest, the bank deposit is now in excess of Rs 11,000 crores. After years of court wrangles and legislative efforts, the MoEF has issued guidelines on July 02, 2009 for creation of state agencies for utilization of these funds ordered for release by the Supreme Court. It is regrettable that the guidelines have shut out development of tree cover outside the forests, in spite of the mention in the report of the Forest Survey of India (FSI) in its publication of 2005, that the scope of increasing tree cover in India is better and higher outside the government forests than in the legal forests. Such adverse policy decisions and legal constraints have stifled the development of bamboos and trees on private lands. The media in our country is content with publishing popular rhetoric and policy gimmick by the governments, instead of a proactive role of scientific analysis of the policies, investments and the statutory hurdles in promoting massive planting of trees, bamboos and canes for the environmental and economic well being of the nation.

8. Copenhagen Accord-2009:- India is a signatory to the Copenhagen accord during the world meet on climate change in December, 2009. At item 6 of the accord, there is mention of quote- “enhance removal of greenhouse gas emissions by forests” unquote. Under item 8 of the accord, there is mention of creation and use of “Copenhagen Green Climate Fund” of U.S $ 100 billion by 2020 on reducing such emissions. The climate and soil in south India are very friendly for increasing tree cover to enhance the carbon sink. Since there can be minimal increase in the forest area of the state, the scope of increasing tree cover on farms which cover over 50 % of the geographical area, is very high. Bamboos form the best species under farm forestry in terms of easy establishment, fast rate of growth, absorption of greenhouse gases and quick economic returns to help in prosperity to farmers. Bamboos co-exist with a large number of trees of high commercial value

9. Suggested amendment:- In the definition for “Forest Produce” in subsection (7-a) of section 2 of the Karnataka Forest Act-1963, the words “or not” deserve to be dropped or deleted to exclude all forest produce resulting from trees of non-forest lands from all controls.

1. The amendment bill to the Karnataka Preservation of Trees Act-1976 may be passed by the legislature with minor modifications to the draft bill to allow the Panchayat Raj Institutions to exercise the powers, in addition to the notified forest officers. Our association has suggested a few changes in the draft bill of 2005 in a recent representation sent to the government.

2. Alternately, all farm grown and nonforest species can be added to the exemption list. This list should also become a Schedule to subsection 8 of section 8 in the draft bill to be introduced for amendment to the Karnataka Preservation of Trees Act-1986 and enjoy exemption from chapter xvi of Karnataka Forest Rules-1969.

3. Besides the above proposal of exemption, the state may also consider to expand the list of authorised officers to a) act as tree officers under the KPT act-1976 and b) Chapter xvi) of KFR 1969 in consideration of the 72^nd & 74th amendments to the constitution of India in 1992 and 1993. Such changes have been suggested in the proposed amendment to KTP Act-1976.

4. These changes are overdue if social forestry, farm forestry and urban forestry have to succeed under the prestigious National Afforestation Program (NAP), the National Rural Employment Guarantee (NREG) scheme and the Joint Forest Management (JFM) schemes of the Government. The Agroforestrtry Farmers Association will do everything possible for the success of farm forestry in Karnataka to enable farmers to augment their income for rural prosperity.

5. Restraints under the Forest Conservation Act-1980 (FCA):- Under subsection (iii) of section 2 of the FCA, there is total restraint for assignment of forest lands to any person, authority, corporation or organization not owned or controlled by the government. Under subsection (iv) of section 2, clearing of naturally grown trees even for reafforestation is prohibited. Both these legal restraints are counter-productive and discriminatory. Prior permission by the union ministry of forest has been given and continues to be given for lease of forest lands for mining, airports, irrigation & power projects, communication, wind energy farms and many other non-forestry uses. It makes little sense to discriminate between government owned undertakings and privately owned corporates for assignment of forest land, and more so, for the purpose of reafforestation. In most advanced countries, large scale forest plantations are owned by corporates and individuals. The “state of the forest’ report of the Forest Survey of India- 2009 shows that nearly 40 % of the total forest areas in most states is degraded and having a crown cover of less than 40 %. Allocations under the development plans for the forestry sector are hardly one percent of the budgets. It makes sense to allow investments by the private corporates in re-afforestation of degraded forests, as long as the legal status of the land is unchanged.

10. Emulate examples:- Exemption provided to Silver oak, Eucalypts, Rubber, Casurina etc from the control of the forest regulations in the last ten years has resulted in a) the pulp and paper industries of the state are raising nearly 200 million seedlings of pulpwood species and selling them to farmers at concessional prices b) the coffee and tea estates are supplying about 100,000 Cum of Silver oak timber p.a. to the market c) the farmers are growing and selling about 1.3 million tons of poles and pulpwood to the market every year. d) the farm community earns Rs 1500 crores per annum at stumpage value of trees e) 87 % of timber to saw mills and plywood mills in Karnataka comes from the farm forestry sector. f) Rubber plantations have spread in Shimoga, Chikmagalur and Uttara Kannad districts. Contribution of timber from the forests of Karnataka to the saw mills and industries is less than 1.5 % and pulpwood is less than 25 %, including the captive plantations of the Mysore Paper Mills Ltd. If control of the forest regulations is relaxed for Bamboos and all important timber trees grown on farmlands, the state will be able to send excess grown produce to other states within ten years.

11. Conclusion:- The forest administration both at the Centre and States need to orient their role to become friendly to the needs of the people, rather than monopolizing resources and create adverse conditions for the growth of forests, harvests and meeting the needs of the produce to the people and industries. The research institutions in the states and under the ICFRE should be continuously engaged in improving yield per tree and unit area and provide quality seeds, seedlings and extension services to the farmers to improve their economy, besides improving goods and services. Policy and statutory changes have to be made to help farm forestry. Private and public investments for tree cultivation should be equally divided between the forests and the farms to achieve the policy goal of tree-cover on one third of the geographical area of the country.

* * * * * * * * * * * * * * * * * * * * * * *
A special thanks to Mr. Adkoli for his assistance and continued support of PGI's Surabhi Bamboo Project, a state-of-the art integrated plan of sustainable bamboo farming, manufacture and marketing. http://www.surabhibamboo.com/