Analysis of Policies in Sustaining Sandalwood Resources in India

Abstract

Sandalwood (Santalum album Linn.) is an important tree species in peninsular India because of its high economic value and is the best endemic tree in the world. Past regulations and policies have been identified as the main cause for the decrease in Sandalwood population, particularly in southern parts of India. Stringent regulations and policies which excluded farming communities from growing sandalwood resulted in scarcity of Sandalwood which in turn increased demand-supply gap. Human intervention, however, has decreased sandalwood adaptation capability for its sustainability. Due to high value of sandalwood and its oil and rising demand in domestic and international markets, prices have skyrocketed. Smuggling of Sandalwood has created socio-economic and law and order problems in all Sandalwood producing states. Karnataka Forest (Amendment) Act, 2001 allows cultivation of sandalwood trees on private lands. This comes as a major policy change as far as sandalwood cultivation is concerned. Liberalization of policies of different States in southern parts of India encourages commercial plantation, but much remains in encouraging the corporate sector to embark on plantation of this economically important pride species. The severe shortage of sandalwood, hitting user industries like perfume, soaps and medicine, has encouraged the policy makers to make pragmatic changes in the policies and rules and make it more economical and to sustain this valued resource in India. The governments of Karnataka and Tamil Nadu amended the sandalwood laws in 2001 and 2002, respectively, and made the grower an owner of the wood. This amendment encouraged the farmers to take up cultivation on a commercial scale. This paper focuses on the policies in sustaining Sandalwood resources in India.

Annexure 1

Acts/Rules for Felling and Transit Regulation of Sandalwood/Various Tree Species Grown on Forests/Non-forest Lands of Different States (Arun Kumar Bansal 2012; Subhash Chandra 2014)

Sl. No	State	Rules and other
1	Karnataka	• Karnataka Preservation of Tree Act 1976 and Karnataka Preservation of Tree Rules, 1977 • Under this important act and rules it allows for Establishment of tree authority and appointment of Tree Officer and Restriction of felling of trees and also Provision for compulsory planting trees in place of tree felled • Exemption for 11 species from transit rules—Eucalyptus, Casuarina, Subabul, Rubber, Coconut, Arecanut, orange, Erythrina, Glyricidia, Sesbania, Silver oak are also specified • Karnataka Forest (Amendment) Bill, 2001 allows cultivation of sandalwood trees in private lands. This comes as a major policy change as far as sandalwood cultivation is concerned. This particular policy/legislation amendment of Government of Karnataka to abolish control over sandalwood cultivation has paved the way for community and private entrepreneurs to cultivate sandalwood which is in high demand • This Karnataka Forest (Amendment) Act 2001 clearly states that ‘every occupant or the holder of land shall be legally entitled to the sandalwood tree in his land’ • The Government of Karnataka authorized Karnataka Soaps and Detergents Limited (KSDL) and Karnataka State Handicrafts Development Corporation (KSHDC) to buy sandalwood directly from landowners though applications still have to be filed and routed through Forest Department
2	Tamil Nadu	• Tamil Nadu Preservation of Private Forest Act, 1949 • The rules not to be applied for the cutting of sandal wood trees or thinning of private plantation to teak, Casuarina and eucalyptus manifested for the silvicultural improvement of the crop and the cutting and removal of fuel small timber reeds and green manure leaf for bonafide agricultural or domestic purposes • The cutting of sandalwood trees in a forest and their transportation outside are to be governed by the Madras Forest Act, 1882 • In granting permission for the cutting of trees by the selection method in case of private forest, the minimum girth height has been specified for the trees like Casuarina, Eucalyptus, Wattle, Silver Oak, Pines, etc. • Trees shall be permitted to cut only in one coupe in each block during a specified year • Tamil Nadu Sandalwood Transit Rules 1970 allows the sandalwood purchased from neighbouring states like Mysore, Kerala and Andhra Pradesh • Under this Rule exemption of small quantities of sandalwood (up to 5 Kgs) carried by a bonafide traveller for their own use and also allows the landlord to cut and carry the sandalwood grown on patta lands for his own bonafide personal use with proper certificate from the village munsif • The Tamil Nadu Sandalwood Trees on Patta Land Rules 2008 allows cultivation and the ownership of the patta land owner to produce the relevant documents and sell the same to the forest department and get 80 % of the sale price • This is the latest notification by Government of Tamil nadu encouraging the private land owner to take up cultivation of sandalwood in their private land
3	Kerala	• The Kerala Private Forests (Vesting and Assignment) Act 1971 • The Kerala Restriction on cutting and destruction of valuable Trees Rules 1974. Wherein permission for cutting or/and destruction of valuable trees shall be obtained from the authorized authority of the department • The Kerala Preservation of Trees Act 1986 is applicable to private forest • The Kerala promotion of Tree Growth in Non-Forest Area (Amendment) Act 2007 • Under this amended act every owner of non-forest land in a non-notified area shall have Right to cut and Transport any tree except sandal wood tree standing on his land. No tree standing in any area of non-forest land specified in the notification shall be cut
4	Puducherry/Pondicherry	• Pondicherry Timber Transit Rules 1983 • Issue of permit for the transportation of timber and registration is to DFO • Teak, Rosewood, Sandalwood and Red Sanders are protected wood and such species cannot be kept in possession or transported by any individual/farm without special permit
5	Andhra Pradesh	• The Andhra Pradesh Sandalwood Possession Rules 1969 • The Andhra Pradesh Sandalwood and Red sanders wood Transit Rules 1969 • Under these rules no person shall have in his possession any quantity of sandalwood in excess of ten Kgs, except under a licence granted by the District Forest Officer • The Andhra Pradesh Forest Produce Transit Rules, 1970 is applicable • AP Private Forest Rules in Agency area, 1977. The Andhra Pradesh Preservation of Private Forest Rules, 1978 • The Andhra Pradesh (Protection of Trees and Timber in Public Premises) Rules, 1989 • WALTA, 2000 provides for water land and tree • TP required for felled timber • In tribal area no felling can be done without permission of the collector • In Govt. land nobody can cut tree without permission of forest department • Exempted species are categorized district wise • The Andhra Pradesh Forest Produce Transit Rules, 1970 is not applicable to Red sanders and sandalwood, Orange, Tati, Casuarina, Guava, Seemathoma, Sapota, Coconut, Cashew, Eucalyptus, Neelagiri Jamaoil, Subabul, Seema Chinta, Ber, Rain tree nidraganneru, Juamun, Nallatumma, Mango, Panasa jack fruit, Bamboo, Myrobalam, Wood apple • During 2006 Principal Chief Conservator of Forests, Andhra Pradesh issued circular in addition to the guidelines and supplementary to the statutory Acts and Rules for the procedure to be grant of transit permits in patta lands for red sander wood • Under this, regulation and possession of Red sanders and Sandalwood should be dealt under Andhra Pradesh Sandalwood and Red sander wood transit Rules 1969 and Andhra Pradesh Red sanders wood Possession Rules 1989. These Rules provide detailed provisions for verification of the material, issue and checking of transit permit, registration of property marks and fixing of marks on the trees and felled logs etc.
6	Maharashtra	• Felling of trees in private lands is regulated by following three Acts: • Maharashtra Felling of Tree (Act 1964) • Maharashtra (Urban Areas) Preservation of Trees Act, 1975 • The Maharashtra Land Revenue Code 1966 • Permission for transportation of forest produce, so obtained after receipt of felling permission from the Tree Officer, is generally given by the concerned Dy. Conservator of Forests under the provisions of the Indian Forest Act 1927 and the rules made there under namely the Bombay Forest Rules, 1942 • Presently 16 species are included in the Schedule which are:      1. Hirda (Terminalia chebula)      2. Teak (Tectona grandis)      3. Mahuwa (Madhuca latifolia)      4. Tamarind (Tamarindus indica)      5. Mango (Mangifera indica)      6. Jack (Artocarpus integrifolia)      7. Khair (Acacia catechu)      8. Sandal (Santalum album)      9. Bija (Ptercarpus marsupium)      10. Haldu (Adina cardifolia)      11. Tiwas (Ougeinia dailbergoidies)      12. Ain (Terminalia tomentosa)      13. Kinjal or Kindal (Terminalia paniculata)      14. Anjan (Hardwickia binata)      15. Jambhul (Syzigium cumini)      16. Mangrove      Within the district of Sindhudurg only      17. Shisam (Dalbergia latifolia)      18. Shivan (Gmelina arboria)      19. Nana (Lagerstroemia lanceolata)      20. Behala (Terminalia bellerica)      21. Kazra (Strychnous nuxvomica)      22. Bhedus (Euginia zeylanica)      23. Pandhra ain (Terminalia arjuna)      24. Kajoo (Anacardium occidentale) • Exempted species under timber transit rules: babhul, Subabhul, Prosopis, Eucalyptus, Ashok, Moringa, Phoenix, Chiku, Bhendi, Acacia and Poplar • The Maharashtra (Urban Area) Preservation of Trees Act, 1975 is for regulating felling of any tree in Urban Area. Felling permission is granted by the “Tree Officer” appointed by the Tree Authority. This being the local area, provisions of Bombay Forest Rules, 1942 regarding transportation of forest produce are not applicable, hence no transit pass is required for local limits • The Maharashtra Land Revenue Code, 1966 regulated the felling in the non-forest areas other than Urban Area and for the species which are not included in the Schedule attached with above mentioned Act of 1964
7	Gujarat	• Permission to cut trees regulated by Saurashtra Felling of Trees (Infliction of Punishment) Act 1951. Rules framed under the Act in 1961 • Permission required from cutting trees by Revenue Office as empowered by the Act not below the rank of Tehsildar. Revenue Officer can inflict fine for violation • Permission is required for felling of Teak, black wood, Sandalwood, Khair, Mahuda, Timru, Simla, Sadad, Kanaj, Kanaji, Seven, Bio, Rohan, Ebony, Kadao, Kalam, Baldervo, Harde, Dhavada, Mango, Palmyra palm, Date tree and Jamun • The state has relaxed felling of some species Neem, Kasia, Kanji, Khijdo, Mango and Amla under the Act
8	Haryana	• Punjab land preservation Act, 1900 is applicable in Aravalli and Shivalik • No transit rules for agro-forestry spp. In remaining area • Tree felling is banned without permission from Forest Department • Species exempted eucalyptus and poplar, Ailanthus, Melia azadirach and M. composata, bamboo and mulberry Saw Milling Rules as per direction of Hou’ble Supreme Court applicable since 2006 • No TP required for Eucalyptus, Poplar and Mango etc. • Forest Corporation revises rates every six months for minimum support price. Market rates are better for farmers • No registration of tree plantations of farmers is required
9	Madhya Pradesh	• Vide Gazette Notification no. F.30-40-95-X.3 date 13.12.2000 the Madhya Pradesh Transit (Forest Produce) Rules 2000 • The transit pass will be issued by the Panchayat on the recommendations of the Panchayat Level Committee for the species Babool, siris, Neem, Ber, Palas, Jawan, Rennjha, Bamboo (except in the districts of Khandwa, Betul, Hoshangabad, Harda, Chhindwara, Seoni, Balaghat, Jabalpur, Katni, Mandla, Dindori, Shahdol) • Transit pass for the species other than those mentioned above is to be issued by Forest Officer on recommendations of Panchayat level Committee • Transport of privately owned timber under the Lok Vaniki Mission requires the procedures mentioned above • Registration in the office of DFO is required for the forest produce to be transported • Gram Panchayat will issue the transit pass for transporting the forest produce within district and the adjoining districts for the other destinations the transit pass is required to be issued by a Forest officer • The tree species exempted from transit pass for transport are Neelgiri, Casuarina, Subabul, Poplar, Israili Babul, Vilayati Babul • No transit pass shall be required for the removal of any forest produce for bonafide domestic consumption by any person and such forest produce which is exempted by the State Government from the operation of these Rules • No transit pass is required for removal of mineral from forest for which transit pass is not compulsory under these Rules
10	Odisha/Orissa	• Orissa Timber and other Transit Rules 1980 • Village Forest Rules, 1985 • Orissa Timber and other Forest Produce Transit Amendment Rules, 2006 • Exempted species under Orissa Timber transit Rules, 1980 Notification No. 2013 dated 8.2.99 • Permit to be taken from the committee for felling of trees and transit • Management of village forest by drawing of management plans • Transit permission shall be issued free of cost by DFO for all forest produce in transit land, rail or water • No transit permits for transport of minor forest produce within district except lac, tassar, myrabolans, gums and resin, root or Patalagaruda. Sal seed, tamarind and hill broom • Species to which provisions regarding farm forestry and forestry farming for the rural poor plantation are not applicable are kurum, panas, kasi sissoo, gamhar, amba, champa sal, teak asan • Species exempted Bambusa nutan (Sundarkanai), Bambusa vulgaris, eucalyptus Hybrid (Nilgiri), Acacia auriculiformis, Cassia siamea, Casuarina equisetifolia, Silver oak • No transit permit for timber grown outside India
11	Punjab	• Punjab Land Preservation Act, 1990 applicable • Agro-forestry/farm forestry crops have no requirement for transit pass like poplar, Eucalyptus and Melia composita • Transit Rules applicable in 5 Districts covering the area closed under Punjab Land Preservation Act (PLPA) 1900 in Ropar, Mohali, Hoshiarpur, Pathankot and Nawashahar (Shaheed Bhagat Singh Nagar). In closed are which cover private forests closed under Section—4 and 5 of PLPA, management is done by Forest Department and 100 % revenue is given to Farmers. Marking Fee is charged by the Dept. plantation is also done by Forest Department and normally Khair, Amla and bamboo is planted. Transit Pass is required in such cases as felling permit. Initially 10 year cycle has now reduced to 5 year cycle to increase people’s participation and management plans is prepared • In 2000, Tree Apportionment Rules, 2000 were framed a Govt. Notification sharing revenue with farmers for raising roadside trees on Govt. land covering road side trees like NH and State Highways and Link Road
12	Uttar Pradesh	• Uttar Pradesh timber and other forest produce transit rules, 1976 • Total 20 species are exempted from transit pass like eucalyptus, poplar in various district state • District wise species are exempted from transit where reserve forest or etc. • Farmers are encouraged to plant exempted species • Private forests are also governed by these rules. The department can assist in preparation of management plans of private forests • Forest department facilitates individual farmers in growing private agro-forestry/farm forestry by taking up plantation activities at their cost. Promotion of kisan nurseries in western UP
13	West Bengal	• WB Private Forest Act, 1948 is in force which regulates permission for felling and transit of trees grown on private lands • WB Forest Produce Transit Rules, 1959 • WB Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 • The West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act 2006 • Provision for Tree Card for individual farmers • Provision for penalty and confiscation of materials felled and transported in violation of such rules • No tree exempted • No tree can be felled in non forest area except with the procedure laid out for obtaining permission for felling of trees with obligation to plant trees in lieu of trees felled • Compulsory tree plantation in certain areas including high rise multi unit buildings for residential, commercial, industrial or institutional use • No owner of a private forest in a notified area or other person shall fell or remove tree from such forests until the working plan in respect of such forest has been approved • Permission mandatory for 11 species: Khair, Semal, Sissoo, Tendu, Gama, Mahua, Champ, Sal, Mahogani, Teak and Mangroves. Remaining exempted • Permission for felling of a tree outside forest areas is required from competent authority with obligation to plant trees as prescribed. Compulsory plantation of trees in respect of development works • Appropriate forms prescribed for obtaining permission for felling of trees