Chapter-5 Provisions on the Formation, Functions, Duties and Power of the Consumer Group and Committe
13. Formation of the Consumer Group:
(1) A Consumer Group or Consumer Groups shall be formed by making representation of each household residing under the concerned Village Development Committee within the Conservation Area, to make active participation
in the conservation activities of the Conservation Area and get direct benefit from that area.
(2) While forming consumer groups pursuant to Sub-rule (1), the required number of mother’s groups or women’s group shall be formed by making the representation of women under the concerned committee, to ensure the active participation of women in the protection and management of Conservation Area.
(3) The consumer groups formed pursuant to Sub-rule (1) and (2) shall be registered in the office of the Council on the recommendation of concerned committee and for the purpose of the registration, an application shall be submitted in the office of the Council in the format as prescribed in Schedule-5 by attaching the statute and Work Plan of the concerned consumer group.
(4) If an application has been received as pursuant to Sub-rule (3), the council shall issue a certificate in the format prescribed in Schedule-6 after making registration of that group.
(5) In the group formed pursuant to Sub-rule (1) and (2), representatives representing from each household shall consist as a member of the group and such members shall select a Chairperson and a Secretary from among themselves.
14. Functions, Duties and Power of the Consumer Group: The Consumer Group formed as pursuant to Rule 13 shall have the following functions, duties and power:–
(A) To promote the people’s awareness for the protection of the forest, wildlife and natural heritage.
(B) To protect the forest, wildlife and other natural heritage in their own area,
(C) To make plantation in the barren lands available in their own area,
(D) To operate and implement the plans taken under own responsibility or handed over to them,
(E) To protect the forest of their own area from the encroachment,
(F) To make arrangement for the operation and maintenance system of the plan completed by themselves,
(G) To mobilize the subservient consumers for the protection and management of biological diversity of own area,
(H) To manage the voluntary labor required to complete the projects that have to be conducted in their own area,
(I) To provide the necessary assistance to the concerned committee in conducting and maintaining the projects.
(J) To collect the maintenance fee of the completed projects within their own area from the consumers.
(K) To make public the financial and other periodic details of the programs to be conducted by themselves by calling a meeting of the consumers.
(L) To keep accurate account of the income and expenditure of the plans/projects implemented by themselves and inform (notify) to the consumer by calling a meeting of them.
(M) To make public all the details about the plans to be conducted by themselves, prior to implementing of such plans, by calling a meeting of the consumer,
(N) To follow, make to follow the guidelines provided by the Committee,
(O) To perform the other functions prescribed by the Committee.
15. Formation of the Consumer Committee:
(1) The Council shall constitute maximum two Consumer Committee in a Village Development Committee by making a coordination with the local Consumer Group and local Village Development Committee for the
protection and management of the Conservation Area according to the Management Plan.
(2) The following members shall be comprised in the Consumer Committee:–
(A) Five persons selected by the chairpersons of the consumer groups, under the Committee, from among
themselves. – Member
(B) Three persons selected by the chairpersons of mother’s or women’s groups, under the Committee, from
among themselves. – Member
(C) One person selected by the chairpersons of community forest consumer groups from among
themselves. – Member
(D) One person among from the backward class, caste or social activists. – Member
(E) The Chairperson of the concerned Village Development Committee. – Ex Officio Member
(3) The nomination of the member as pursuant to clause (D) of Sub-rule (2) shall be made by the meeting of the members as pursuant to clause (A), (B) and (C).
(4) The members of the Committee shall select one Chairperson, Vice-chairperson, Secretary and, Treasure from among the members pursuant to clause (A), (B), (C) and (D) of Sub-rule (2).
(5) The selection procedure of the officials of the Committee shall be as determined by the Committee itself.
(6) The tenure of the official and the member of the Committee shall be for five years from the date of the formation.
16. Function, Duty and Power of the Community: The function, duty and power of the Community shall be as follows:-
(A) To promote the public awareness for the protection and conservation of the forest, wildlife and natural heritage,
(B) To conserve or cause to be conserved the wildlife and natural heritage,
(C) To plant or cause to be planted the trees,
(D) To conduct the programs to control the landslide and soilerosion,
(E) To prescribe the method of the utilization of the forest product necessary for daily use of the local residents within own area and the fees,
(F) To prepare own annual and five years work plan,
(G) To prescribe the area allowed for pasteurization or shed keeping, the types of animal, number and the fees,
(H) To operate and implement the plans or projects that have been taken on their own responsibility by themselves or have been transferred to them,
(I) To mobilize the local level non-governmental organizations and community organizations for the conservation of the Conservation Area,
(J) To inform to the Consumer Group by keeping the accurate account of the income and expenditure of the projects,
(K) To carry out, cause to be carried out the conservation and development related construction programs, as per the goal of the Work Plan, from the grant assistance received from the various donor agencies, organizations and persons,
(L) To perform, cause to be performed the activities prescribed by the approved Management Plan or Work Plan,
(M) To follow, cause to be followed the guidance given by the Chairperson of the Council for achieving the objectives of these Rules,
(N) To submit the details asked time to time by the Council,
(O) To submit the detail of the work progress, by preparing it regularly, before the Chairperson of the Council,
(P) To work with other committees under the jurisdiction of the Conservation Area by making necessary coordination,
(Q) To mobilize the sub-ordinate consumer groups to complete or make to be completed the activities mentioned (prescribed) in clause (A) to (J), to coordinate among them and to monitor their programs,
(R) To determine the standard (ranking) of the tourism businesses (hotel, lodge, tee-coffee shops and campsites, etc.) that have been operating or to be operated within the jurisdiction of the Committee by keeping their record (legal inventory) and to submit a recommendation before the Council for prescribing the fees that has to be collected from such business person.
(S) To perform or cause to be performed other functions deemed necessary for the benefit of the Conservation Area.
17. The Meeting and Procedure of the Committee:
(1) The meeting of the Committee shall be held at least once in every three months.
(2) The Secretary of the Committee shall call the meeting of the Committee on the date, time and place as prescribed by the Chairman.
(3) The quorum for the meeting shall be considered fulfilled if at least fifty one percent members have been attended.
(4) The meeting shall be presided by the Chairperson of the Committee and in his/her absence it shall be presided by the Vicechairperson. In the absence of the both Chairperson and Vicechairperson, the member selected by the members among from themselves shall preside the meeting.
(5) The decision of the meeting shall be made by simple majority and if the vote divided equally, the person presiding shall give the decisive vote (opinion).
(6) The decisions of the meeting shall be kept updated authenticating by the presiding person and the Secretary.
(7) Any technician or expert may be invited to the meeting of the Committee as per the necessity.
(8) The Chairperson shall call the meeting of the Committee if at least one third members of the total members of the Committee made a written demand to call the meeting of the Committee or at least fifty percent chairpersons of the total subsidiary consumer groups made a written request to the Chairperson of the Committee to call the meeting.
18. Provision of the Registration of the Committee:
(1) Subsequently the formation of a Committee first time as pursuant to Rule 15, an application also attaching its statute shall be submitted in the format prescribed in Schedule-5, for the registration before the office of the
Council.
(2) If an application has been received as pursuant to Sub-rule (1), the Council shall register the Committee and provide a certificate in the format as prescribed in Schedule-6.
(3) After the end of tenure of the officials and members of the Committee which has already once been registered as pursuant to Subrule (2), the Chairperson of the Committee shall submit the name list of the officials and members of the Committee which shall have been reelected.
19. Subcommittee to be Formed: (1) The Committee may constitute thematic sub-committees if it deemed necessary to constitute such subcommittee to perform or cause to be performed the functions assign to it as pursuant to the Rules in a systematic way.
(2) The functions, duties, power and procedure of the subcommittee constituted pursuant to Sub-rule (1) shall be as determined by the Committee at the time of the formation of such sub-committee.
20. Dissolution of the Committee: (1) The Council may dissolve the Committee of if it found the following conditions during the monitoring or any consumer makes a written complain mentioning the prevailing of the following conditions and such complain found reasonable:–
(A) If any functions performed without approving the work plan or in contrary to the work plan, (B) If the functions, duties and responsibilities as pursuant to Rule 16 has not been fulfilled or unable
(C) If an amount received to operate and complete any program and the fund as pursuant to Rule 21 has
been misused (abused) or misappropriated, (D) If responsibility assigned to it has not been fulfilled
despite of any reason (cause),
(E) If any actions has been performed against the interest of the local consumers or failed to protect
the interest of the consumers.
(2) The Council may ask for the concerned Committee to perform its responsibility or direct to reform its activities or direct to correct any act or any fault that has been occurring against the Act and Rules while performing them with good faith,
(3) Prior to dissolving the Committee pursuant to Sub-rule (1), it shall ask for a clarification, providing the thirty five days of time period to respond, to the concerned Committee by mentioning the reasons of the dissolution to be taken.
(4) If a clarification has been asked as pursuant to Sub-rule (3), the Committee shall submit the clarification within the prescribed timeperiod.
(5) If the clarification submitted as pursuant to Sub-rule (4) has not been satisfied, the Council may make required investigation of the functions and activities of the Committee by constituting a three person team among from its members.
(6) While making an investigation as pursuant to Sub-rule (5), if a report has been received mentioning the prevailing of the situation as pursuant to Sub-rule (1) or defying the directives given as pursuant to
Sub-rule (2), the Council may dissolve such Committee.
(7) Notwithstanding anything contained in the Rules, if the two third members of any Committee have made a written request to dissolve such Committee by mentioning the reason before the Council,
the Council may dissolve such Committee after necessary (required) investigation.
(8) If any Committee has been dissolved as pursuant to Sub-rule (6) or (7), the Council may again constitute another Committee. The tenure of the Committee which has been constituted as such, shall be for
the remaining period of the Council.
(9) The Council itself performs the activities performed by the dissolved Committee until another Committee as pursuant to Sub-rule (8) has not been constituted.
21. The Treasury of the Committee:
(1) The Committee shall have a separate treasury and such treasury may contain the following funds:–
(A) The fees prescribed by the consumer committee as pursuant to clause (E) of Rule 16,
(B) The amount that has to be received by the committee as pursuant to Sub-rule (1) of rule 29,
(C) The amount to be received from any organization, institution or person,
(D) The amount prescribed by the council out of the revenue which has to be received (collected) from
the community forest,
(E) The amount received from the consumption of the forest products,
(F) The amount to be received for providing the recommendation to consume the non-timber forest
product and (G) The amount to be received from any other sources.
(2) If any kind of assistance has been received from any organization or institution, information (notice) of it shall be given to the Council as quickly as possible.
(3) The amount that has to be collected as pursuant to Sub-rule
(1) shall be deposited by opening an account in any commercial bank and the account shall be operated with the joint signature of the Chairperson and Treasure of the Committee.
22. Expenditure of the Committee:
(1) The Committee shall expense the amount received by it, in the programs prescribed by the Work Plan.
(2) The expenses that have to be made on behalf of the committee and other administrative expenses shall be funded from the treasury of the Committee. Provided that, the administrative cost shall not exceed twenty five percent of the total expenditure of the committee.
23. Committee’s Audit:
(1) Auditing of the account of the Committee shall be performed by the registered auditor appointed by the Council,
within the six months of the end of every fiscal year.
(2) While auditing as pursuant to Sub-rule (1), the auditor may demand the documents and accounts to the Chairperson of the Committee and in case of such demand, it shall be the duty of the Chairperson to make available such documents and accounts. (3) One copy of the auditing report of the audit made by an auditor as pursuant to Sub-rule (1) shall be submitted before the Council.
(4) If any official of the Committee has been found responsible for financial abusing in the audit report, the Council shall recover that amount from him/her immediately.
(5) If a recovery as pursuant to Sub-rule (4) has not been made, such amount shall be recovered as pursuant to prevailing law considering it as a governmental dues and the Council may request the
concerned authority for this purpose.