(1) If a community forest user group registered in accordance with sub-rule (7) of rule 42 wants to manage any part of the national forest as a community forest in accordance with sub-section (1) of section 18 of the Act, technical assistance for the preparation of the action plan and for the transfer of community forest as per Schedule-23 An application should be submitted to the Divisional Forest Officer in the format.
(2) If an application is received according to sub-rule (1), the Divisional Forest Officer shall appoint technical staff to prepare the community forest action plan in accordance with the Act and this regulation and provide necessary technical and other assistance to the related community forest user groups.
(3) In determining the forest area to be transferred as a community forest according to this rule, the distance of the community forest area from the village settlement as well as the desire, need and ability of the community forest: user group to manage the forest should also be taken into consideration.
(4) The geographical boundaries of the ward, rural municipality, municipality, district or province will not have any effect when determining the boundary of community forest according to this rule.
(5) The community forest user group shall consult with the local level while preparing the community forest action plan.
(6) The Community Forest User Group may take necessary assistance from related agencies, associations, forest technicians or qualified service providers to carry out the work in accordance with the Act and this regulation.
(7) The community forest user group shall include the activities of sustainable forest management selected by the consent and decision of the general meeting in its action plan, taking into account the standards and objectives of sustainable forest management in the community forest, the status of the forest and the needs and managerial capacity of such user group.
(8) Participatory method should be adopted while preparing the action plan of the community forest and such action plan should be decided and passed by the general meeting of the community forest user group.
(9) The Community Forest User Group shall prepare an action plan for community forest including the topics mentioned in schedule-24 for approval by the divisional.It should be submitted to the Forest Officer.
(10) In the action plan of the community forest which has been submitted for approval according to sub-rule (9), if the divisional forest officer sees that something needs to be improved during the study, he shall make improvements in consultation and agreement with the community forest users group and comply with the provisions mentioned in the Act and this regulation and the conditions prescribed by the Government of Nepal. After approving the action plan, the certificate of transfer of community forest should be given in the format as per Schedule-25.
(11) If a forest area in one district is to be transferred to a community forest user group in another district as a community forest, the Divisional Forest Officer of the district where the forest area is located may, on the recommendation of the Divisional Forest Officer where such community forest user group is located, transfer the community forest.
(12) The action plan approved as per sub-rule (10) will be implemented by the community forest user group.
(13) The duration of the community forest action plan shall be ten years at most. The Community Forest User Group may amend the action plan as per the requirement in accordance with sub-section (5) of Section 18 of the Act every ten years or earlier. However, for the purposes of Section 42 of the Act, except in cases where the national forest area is to be used, the action plan of the community forest cannot be amended for two years from the date of approval.
(14) The community forest user group shall prepare a new action plan before the expiry of the action plan period, approve it in accordance with this rule and implement the new action plan from the date of expiry of the old action plan period.
(15) The Divisional Forest Officer or the forest technical staff assigned by him shall inspect, monitor and evaluate the community forest within his working area and submit a report to the Divisional Forest Office.