Chapter-9 Provisions Relating to the Constitution of Users’ Group

Chapter-9 Provisions Relating to the Constitution of Users’ Group

  1. Constitution of users’ group: (1) The concerned users of any forest who wish to utilize the forest products by protecting, developing and managing such forest for the collective interest may constitute a users’ group as provided in this Act.

(2)        The users’ groups constituted pursuant to sub-section (1) shall be registered with the concerned Division Forest Office as prescribed.

(3)        For the registration pursuant to sub-section (2), the concerned users’ group shall make an application, along with its statute.

(4)        The users’ group shall, not later than three months of the expiration of each fiscal year, submit an annual report of its activities, setting out inter alia the financial statements and status of the forest to the concerned Local Level and Division Forest Office, as prescribed.

  1. Users’ group to be a body corporate: (1) The users’ group shall be an autonomous body corporate body with perpetual secession.

(2)        The users’ group shall have a separate seal of its own.

(3)        The users’ group may like an individual acquire, possess or transfer or otherwise manage movable and immovable property.

(4)        The users’ group may like an individual sue or be sued by its own name.

  1. Fund of the users’ group: (1) The users’ group shall have a separate fund of its own.

(2)        The following amounts shall be credited to the fund referred to in sub-section (1):

(a)        Amount of grant received from the Government of Nepal, Provincial Government and Local Level,

(b)        Amount of grant or assistance received from any native person or organization,

(c)        Amount received from the sale and distribution of forest products,

(d)       Membership fees of the users’ group and amount collected by the users’ group by way of fine.

(3)        Expenditures to be made on behalf of the users’ group as per the work plan shall be chargeable on the fund referred to in sub-section (1).

(4)        In the event of damage to the body and property of any member of the users’ group caused by the wildlife in the forest managed by such group, relief shall be provided to the affected person from the fund referred to in sub-section (1).

(5)        The operation of the fund referred to in sub-section (1) shall be as prescribed.

  1. Forest enterprise and eco-tourism programs may be operated: (1) The users’ group may, upon following the procedures as prescribed, operate such forest enterprise and eco-tourism programs as specified by the approved work plan on its own or in partnership with the Local Level or organization or the private sector or cooperatives.

                        Explanation: For the purpose of this Section, “forest enterprise” includes wildlife farming.

                        (2)        The responsibility of the users’ group shall not be deemed to have been transferred for the sole reason that it has made partnership in the operation pursuant to sub-section (1).

(3)        In operating the forest enterprise upon establishing it pursuant to sub-section (1), it shall be operated upon preparing the work plan on the basis of such standards as specified by the Ministry.

(4)        Notwithstanding anything contained in sub-sections (1) and (2), the group or body or organization that changes, or causes to be changed, the land-use of the forest area by building physical infrastructures contrary to the prevailing law and the forest work plan in the course of operation of the eco-tourism programs shall be liable to action pursuant to this Act.

(5)        Other provisions relating to the granting of license for the operation of the forest enterprise and eco-tourism programs pursuant to sub-section (1) and to the operation of such programs shall be as prescribed.