Amendments in the Compensatory Afforestation Fund Bill, 2015
The Union Cabinet chaired by the Prime Minister Shri Narendra Modi today
gave its approval to move official amendments in the
Compensatory Afforestation Fund Bill, 2015.
The legislation will ensure expeditious utilization of accumulated
unspent amounts available with the ad hoc Compensatory Afforestation
Fund Management and Planning Authority (CAMPA), which presently is of
the order of Rs.40,000 crore, and fresh accrual of compensatory levies
and interest on accumulated unspent balance, which will be of the order
of approx. Rs. 6,000 crore per annum, in an efficient and transparent
manner.
Utilization of these amounts will facilitate timely execution of
appropriate measures to mitigate impact of diversion of forest land, for
which these amounts have been realised. Apart from mitigating the
impact of diversion of forest land, utilisation of these amounts will
result in creation of productive assets and generation of huge
employment opportunities in the rural areas, especially the backward
tribal areas.
Apart from the amendments of drafting and consequential in nature, the official amendments provide for the following:
i. Amendment of clause 2 (e) of the Bill to make the list of
environmental services inclusive and to delete some of environmental
services for which credible model to assess their monetary value does
not exist.
ii. Amendment of clauses 2 (I) and 30 (1) of the Bill to provide for
prior consultation with States Governments for making rule under the new
legislation.
iii. Amendment of clause 4 (1) of the Bill to provide for establishment of State
Fund of a Union territory having no legislature under Public Account of the Union of India.
iv. Amendment of clause 6 (d) of the Bill to provide for use of monies
realised from the user agencies in lieu for forest land diverted in
protected areas for voluntary relocation from protected areas.
v. Amendrnent of clause 8 (4) (ii) of the Bill 'to include Secretaries
of Ministries dealing with Space and Earth Sciences as members of
governing body of the National Authority.
vi. Amendment of clause 8 (4) (x) of the Bill to increase the number of
expert members in governing body of National Authority from two to five.
vii. Amendment of clause 9 (2) (ix) of the Bill to increase the number
of expert members in executive committee of National Authority from two
to three.
viii. Amendments of clause 11 (2) and 11 (3) of the Bill to include an
expert on tribal matters or representative of tribal community as a
member in both steering committee and executive committee of a State
Authority.
ix. Amendment of clause 15 (1) (i) of the Bill to fix time limit of
three months for Executive Committee of National Authority to approval
annual plan of operations of State Authorities and to empower Executive
Committee Of National Authorities to make amendments in annul plan of
operations of State Authorities.
x. Amendment of clause 29 of the Bill to provide for laying of the
annual report and the audit report along with memorandum of action taken
on recommendations contained therein of State Authority constituted in
Union Territories having no legislature before each house of the
Parliament.
The amendments do not involve any additional expenditure. The
legislation will extend to the whole of India except the State of Jammu
and Kashmir.
Background
While according prior approval under the Forest (Conservation) Act, 1980
for diversion of forest land for non-forest purpose, Central Government
stipulates conditions that amounts shall be realised from the user
agencies to undertake compensatory afforestation and such other
activities related to conservation and development of forests, to
mitigate impact of diversion of forest land.
In compliance of Orders passed by the Hon'ble Supreme Court these
amounts are deposited in the State-wise accounts operated by an Ad-hoc
Authority consisting of two officials of the Ministry of Environment,
Forests and Climate Change one representative of the Comptroller and
Auditor General and one representative of the Chairperson of the Central
Empowered Committee.
In the absence of permanent institutional mechanism more than Rs.40,000 crores have accumulated with the said ad-hoc Body.
In order to provide for the establishment of funds under the public
accounts of India and the public accounts of each State and crediting
thereto the monies received from the user agencies towards compensatory
afforestation, additional compensatory afforestation, penal compensatory
afforestation, net present value and all other amounts recovered from
such agencies under the Forest (Conservation) Act, 1980 Central
Government introduced the Compensatory Afforestation Fund Bill, 2015 in
the Lok Sabha on 8th May 2015. The Bill also provides for constitution
of an authority at national level and at each of the State and Union
territory Administration for administration of the funds and to utilise
the monies so collected for undertaking artificial regeneration
(plantations), assisted natural regeneration, protection of forests,
forest related infrastructure development, Green India Programme,
wildlife protection and other related activities and for matters
connected therewith or incidental thereto.
On 13th May, 2015 Lok Sabha referred the Bill to the Department-related
Parliamentary Standing Committee on Science & Technology,
Environment & Forests. On 26th February, 2016 the Committee
submitted its report to the Parliament. The Central Government after
examination of the report of the Department-related Parliamentary
Committee propose to move official amendments in the Bill.
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AKT/VBA/SH
(Release ID :139017)
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