reg. no. g-2/rnp/goa/32/2015-2017 rni no. goaeng/2002/6410

1953

Panaji, 2nd March, 2017 (Phalguna 11, 1938) SERIES I No. 48

Reg. No. G-2/RNP/GOA/32/2015-2017 RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

Department Notification/Order Subject Pages

1. Law & Judiciary Not.- 10/4/2016-LA The Compensatory Afforestation Fund Act, 2016. 1953Under Secretary

2. Mines Ord.- 5/2/2007/ADM/ Continuation of Group ‘A’ and Group ‘B’ temporary 1971Dir. & ex officio Addl. Secy. /MINES/PART/2999 posts in Directorate of Mines & Geology.

3.a. Science, Technology & Not.- 1/24/2010/ Amendments to the notification regarding Coastal 1972 Environment /STE-DIR/487 Zone Management Plans. Dir. & ex officio Jt. Secy.

b. —do— —do— Amendments in the CRZ notification. 1973

c. —do— —do— Amendments in the notification. 1974

d. —do— —do— Further amendments in the Coastal Regulation Zone 1974notification, 2011.

e. —do— —do— Amendments in the notification. 1976

f. —do— —do— Further amendments in the Coastal Regulation Zone 1977notification.

INDEX

GOVERNMENT OF GOADepartment of Law & Judiciary

Legal Affairs Division—

Notification

10/4/2016-LA

The Compensatory Afforestation Fund Act,2016 (Central Act No. 38 of 2016) which hasbeen passed by Parliament and assented to bythe President on 03-08-2016 and published inthe Gazette of India, Extraordinary, Part II,Section 1, dated 03-08-2016, is hereby pub-lished for the general information of the public.

Julio Barbosa Noronha, Under Secretary(Law).

Porvorim, 4th November, 2016.

THE COMPENSATORY AFFORESTATIONFUND ACT, 2016

________

Arrangement of Sections

CHAPTER I

PreliminarySections1. Short title, extent and commencement.2. Definitions.

CHAPTER II

Establishment, Management and Utilisation ofNational Compensatory Afforestation Fund and

State Compensatory Afforestation Funds

3. Establishment of National Fund.4. Establishment of State Fund.5. Disbursement and utilisation of National Fund.6. Disbursement and utilisation of State Fund.7. Accounting procedure.

OFFICIAL GAZETTE — GOVT. OF GOASERIES I No. 48 2ND MARCH, 2017

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SectionsCHAPTER III

Constitution of National Authority andState Authorities

8. Constitution of National Authority.

9. Executive committee and monitoring groupof National Authority.

10. Constitution of State Authority.11. Steering committee and executive committee

of State Authority.12. Term of office and conditions of service of

members.13. Disqualifications.

CHAPTER IV

Powers and Functions of National Authority andState Authorities

14. Powers and functions of National Authority.15. Powers and functions of executive committee

of National Authority.

16. Functions of monitoring group.

17. Powers and functions of State Authority.

18. Powers and functions of steering committeeof State Authority.

19. Functions and powers of executive committeeof State Authority.

CHAPTER V

Finance, Accounts, Audit and Annual Report

20. Budget of National Authority.21. Investment of funds by National Authority.22. Accounts and audit of National Authority.23. Annual report of National Authority.24. Annual report and audit report of National

Authority to be laid before Parliament.25. Budget of State Authority.26. Investment of funds by State Authority.27. Accounts and audit of State Authority.28. Annual report of State Authority.29. Annual report and audit report of State

Authority to be laid before State Legislature.

CHAPTER VI

Miscellaneous

30. Power to make rules.31. Transfer of assets, liabilities, etc.32. Validation.33. Power of Central Government to issue

directions.

THE COMPENSATORY AFFORESTATIONFUND ACT, 2016

AN

ACT

to provide for the establishment of fundsunder the public accounts of India and thepublic accounts of each State and creditingthereto the monies received from the useragencies towards compensatory afforesta-tion, additional compensatory afforestation,penal compensatory afforestation, netpresent value and all other amountsrecovered from such agencies underthe Forest (Conservation) Act, 1980;constitution of an authority at nationallevel and at each of the State and UnionTerritory Administration for administrationof the funds and to utilise the moniesso collected for undertaking artificialregeneration (plantations), assisted naturalregeneration, protection of forests, forestrelated infrastructure development, GreenIndia Programme, wildlife protection andother related activities and for mattersconnected therewith or incidental thereto.

Whereas the Supreme Court in its order inT. N. Godavarman Thirumulpad Vs. Union ofIndia and Others [Writ Petition (Civil) No. 202of 1995], dated the 30th October, 2002,observed that a Compensatory AfforestationFund be created in which all the moniesreceived from the user agencies towardscompensatory afforestation, additionalcompensatory afforestation, penal compen-satory afforestation, net present value of thediverted forest land or catchment areatreatment plan shall be deposited;

And whereas it had also beenobserved that the money receivedfrom the user agencies in caseswhere forest land diverted fallswithin protected areas, that is, theareas notified under the WildLife (Protection) Act, 1972 forundertaking activities related toprotection of biodiversity or wildlifeshall also be deposited in the Fund;

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And whereas the Supreme Court hasdirected that, besides artificial regeneration(Plantations), the Fund shall also be utilisedfor undertaking assisted natural regeneration,protection of forests, infrastructuredevelopment, wildlife protection and otherrelated activities and an independent systemof concurrent monitoring and evaluationshould be evolved and implemented throughthe Compensatory Afforestation Fund toensure effective and proper utilisation offunds;

And whereas the Supreme Court in itsjudgment dated 26th September, 2005 inthe said Writ Petitiion observed that theFund generated for protecting ecology andproviding regeneration should not be treatedas a Fund under article 266 and article 283of the Constitution;

And whereas in its direction dated the 5thMay, 2006, the Supreme Court had directedthat since the Government has notconstituted a Compensatory AfforestationFund Management and Planning Authority(hereinafter referred to as Authority), an adhoc Authority should be constituted tillthe Compensatory Afforestation FundManagement and Planning Authoritybecomes operational and directed to centrallypool the money recovered on behalf of thesaid Authority lying in the States and Unionterritories into the ad hoc CompensatoryAfforestation Fund Management and PlanningAuthority;

And whereas Central Governmentformulated guidelines dated the 2nd July,2009 on the subject of State Authority forutilisation of funds lying with the ad hocAuthority;

And whereas in its direction dated the10th July, 2009, the Supreme Court haddirected that the guidelines and structureof the State Authority prepared by theCentral Government may be notified andimplemented;

And whereas in its directions dated the10th July, 2009, the Supreme Court further

directed that till an alternative system is putin place, after obtaining permission fromthe Supreme Court, the money towardscompensatory afforestation, net present valueand protected areas (national parks, wildlifesanctuaries) shall continue to be depositedin the ad hoc Authority;

And whereas in compliance of thedirections of the Supreme Court includingits order dated the 5th May, 2006, over rupeesthirty eight thousand crores as collected bythe State Governments and Union territoryAdministrations have been placed under thead hoc Authority, and deposited in thenationalised banks;

And whereas absence of permanentinstitutional mechanism for utilisation offunds collected by the State Governmentsand Union Territory Administrations is themain reason for accumulation of hugeunspent funds in the ad hoc Authority;

Now, therefore, based on the above orders,directions and observations of the SupremeCourt to ensure safety, security andexpeditious utilisation in a transparentmanner of funds accumulated with the adhoc Authority and the funds to be collectedby the State Governments and Union territoryAdministrations, it is proposed to create aNational Compensatory Afforestation Fundand a National Compensatory AfforestationFund Management and Planning Authorityat the national level, and a State Compen-satory Afforestation Fund and a StateCompensatory Afforestation Fund Manage-ment and Planning Authority in eachState and Union territory, by an Act ofParliament.

Be it enacted by Parliament in the Sixty--seventh Year of the Republic of India asfollows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—(1) This Act may be called the CompensatoryAfforestation Fund Act, 2016.


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(2) It extends to the whole of India exceptthe State of Jammu and Kashmir.

(3) Save as otherwise provided in this Act,it shall come into force on such date as theCentral Government may, by notification inthe Official Gazette, appoint.

2. Definitions.— In this Act, unless thecontext otherwise requires,—

(a) “ad hoc Authority” means the adhoc Compensatory Afforestation FundManagement and Planning Authorityconstituted under the order dated the 5thMay, 2006 of the Supreme Court in T. N.Godavarman Thirumulpad vs. Union ofIndia and Others, [Writ Petition (Civil)No. 202 of 1995];

(b) “Chairperson, National Authority”means the Chairperson of the governingbody of the National Authority;

(c) “Chairperson, State Authority”means the Chairperson of the governingbody of the State Authority;

(d) “compensatory affores-tation” means afforestation donein lieu of the diversion of forestland for non-forestry use underthe Forest (Conservation) Act,1980;

(e) “environmental services” includes—

(i) provision of goods such as wood,non-timber forest products, fuel, fodder,water and provision of services such asgrazing, tourism, wildlife protection andlife support;

(ii) regulating services such as floodmoderation, carbon sequestration andhealth of soil, air and water regimes;

(iii) supporting such other servicesnecessary for the production of eco-system services, biodiversity, nutrientcycling and primary production inclu-ding pollination and seed dispersal;

(f) “Head of the regional office”means the senior-most officer

appointed by the CentralGovernment at regional office todeal with the forest conservationmatters under the Forest(Conservation) Act, 1980;

(g) “monitoring group” means a groupof experts to monitor the activitiesundertaken from amounts released fromthe National Fund and State Fund consti-tuted under sub-section (3) of section 9;

(h) “National Authority” means NationalCompensatory Afforestation FundManagement and Planning Authorityconstituted under section 8;

(i) “National Fund” means the NationalCompensator y Af fo res ta t ion Fundestablished under sub-section (1) ofsection 3;

(j) “net present value” means thequantification of the environmentalservices provided for the forest areadiverted for non-forestry uses, as may bedetermined by an expert committeeappointed by the Central Government fromtime to time in this regard;

(k) “penal compensatoryafforestation” means afforestationwork to be undertaken overand above the compensatoryafforestation specified in theguidelines issued under theForest (Conservation) Act, 1980,in lieu of the extent of area overwhich non-forestry activitieshave been carried out withoutobtaining prior approval of thecompetent authority under theForest (Conservation) Act, 1980;

(l) “prescribed” means prescribed byrules made by the Central Government inconsultation with the State Governmentsunder this Act;

(m) “State Authority” means the StateCompensatory Afforestation FundManagement and Planning Authorityconstituted under section 10;

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(n) “State Fund” means the StateCompensatory Afforestation Fundestablished by each State under sub--section (1) of section 4;

(o) “State Government” includes Unionterritory Administration;

(p) “user agency” means anyperson, organisation or companyor department of the CentralGovernment or State Governmentmaking a request for diversion orde-notification of forest land fornon-forest purpose or using forestland for non-forest purpose inaccordance with the provisionscontained in the Forest (Conser-vation) Act, 1980 and the rulesmade and guidelines issued,thereunder.

CHAPTER II

Establishment, Management and Utilisation ofNational Compensatory Afforestation Fund and

State Compensatory Afforestation Funds

3. Establishment of National Fund.— (1)With effect from such date as the CentralGovernment may, by notification in the OfficialGazette, appoint in this behalf, there shall beestablished for the purposes of this Act, aspecial Fund to be called the “NationalCompensatory Afforestation Fund” under thepublic account of India.

(2) The National Fund shall be under thecontrol of the Central Government andmanaged by the National Authority in suchmanner as may be prescribed.

(3) On the date of establishment of theNational Fund, all monies collected by theState Governments and Union territoryAdministrations which has been placedunder the ad hoc Authority and deposited inthe nationalised banks shall be transferredto the National Fund.

(4) There shall also be credited into theNational Fund, by each State on yearly basis,ten per cent. of the funds realised from the

user agencies in respect of the forest landdiverted in their favour, which have beencredited directly into the State Fund.

(5) There shall also be credited to theNational Fund—

(a) grants-in-aid received, if any, by theNational Authority;

(b) any loan taken or any borrowingsmade by the National Authority;

(c) any other sums received by theNational Authority by way of benefaction,gift or donations.

(6) The monies received in the NationalFund shall be an interest bearing fund underpublic accounts of India.

(7) The balance in the National Fund shallbe non-lapsable and get interest as per therate declared by the Central Government onyear to year basis.

4. Establishment of State Fund.— (1) Witheffect from such date as each StateGovernment may, by notification in theOfficial Gazette, appoint in this behalf, thereshall be established for the purposes of thisAct, a special Fund to be called the “StateCompensatory Afforestation Fund-....... (nameof State)” under public accounts of suchState:

Provided that in case of Union territoryhaving no legislature, such fund shall beestablished under the public account ofUnion of India with effect from such date asthe Union territory Administration may, bynotification in the Official Gazette, appointin this behalf.

(2) The State Fund in each State shall beunder the control of the State Governmentof such State and managed by the StateAuthority of such State, in such manner asmay be prescribed.

(3) There shall be credited into the StateFund of a State—

(i) the unspent balance of all monieswhich has been transferred by ad hoc

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Authority to the State CompensatoryAfforestation Compensatory AfforestationFunds Management and PlanningAuthority constituted in such State incompliance of guidelines dated the 2ndJuly, 2009;

(ii) all monies transferable from theNational Fund under clause (a) of section 5;

(iii) all monies realised fromuser agencies by such Statetowards compensatory affores-tation, additional compensatoryafforestation, penal compensatoryafforestation, net present value,catchment area treatment planor any money for complianceof conditions stipulated bythe Central Government whileaccording approval under theprovisions of the Forest(Conservation) Act, 1980; and

(iv) the funds recoverable fromuser agencies by such State incases where forest land divertedfalls within the protected areas,that is, areas notified undersections 18, 26A or 35 of the WildLife (Protection) Act, 1972 forundertaking activities relating tothe protection of biodiversity andwildlife.

(4) A State Government may also credit tothe State Fund constituted by it—

(i) grants-in-aid received, if any, by theState Authority;

(ii) any loan taken or any borrowingsmade by the State Authority;

(iii) any other sums received by the StateAuthority by way of benefaction, gift ordonations.

(5) The monies received in the State Fundshall be an interest bearing fund under publicaccounts.

(6) The balance in each State Fund shallbe non-lapsable and get interest as per the

rate declared by the Central Government onyear to year basis.

5. Disbursement and utilisation of NationalFund.— Save as otherwise provided in thisAct, the monies available in the NationalFund shall be disbursed and utilised in thefollowing manner, namely:—

(a) ninety per cent. of the all moniescollected by a State, which has beenplaced under the ad hoc Authority andthe interest accrued thereon, shall betransferred to the State Fund establishedin such state under sub-section (1) ofsection 4;

(b) the balance ten per cent. of allmonies collected by the States and Unionterritory Administrations, which has beenplaced under the ad hoc Authority and theinterest accrued thereon, and all freshaccrual to the National Fund, as providedin sub-section (4) of section 3, and theinterest accrued thereon, shall be utilisedfor meeting—

(i) the non-recurring and recurringexpenditure for the management of theNational Authority including the salaryand allowances payable to its officersand other employees;

(ii) the expenditure incurred onmonitoring and evaluation of worksexecuted by the National Authority andeach State Authority;

(iii) the expenditure incurred onspecific schemes approved by governingbody of the National Authority.

Explanation.— For the purposes of thissection, “scheme” includes any institute,society, centre of excellence in the fieldof forest and wildlife, pilot schemes,standardisation of codes and guidelines andsuch other related activities for the forestryand wildlife sector.

6. Disbursement and utilisation of StateFund.— Save as otherwise provided in thisAct, the monies available in a State Fund shallbe disbursed and utilised in the followingmanner, namely:—

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(a) the money received forcompensatory afforestation,additional compensatory affores-tation, penal compensatoryafforestation, catchment areatreatment plan and for any othersite specific scheme may be usedas per site-specific schemessubmitted by the State alongwith the approved proposals fordiversion of forest land under theForest (Conservation) Act, 1980;

(b) the monies received towards netpresent value and penal net present valueshall be used for artificial regeneration(plantation), assisted natural regeneration,forest management, forest protection,forest and wildlife related infrastructuredevelopment, wildlife protection andmanagement, supply of wood and otherforest produce saving devices and otherallied activities in the manner as may beprescribed;

(c) the interest accrued on fundsavailable in a State Fund and the interestaccrued on all monies collected by theState Governments, which has been placedunder the ad hoc Authority and depositedin the nationalised banks, in complianceof the directions of the Supreme Courtdated the 5th May, 2006, shall be used forconservation and development of forestand wildlife in the manner as may beprescribed;

(d) all monies realised fromthe user agencies in accordancewith the decision taken by theStanding Committee of theNational Board for Wild Lifeconstituted under section 5A ofthe Wild Life (Protection) Act,1972 or the orders of the SupremeCourt involving cases of diversionof forest land in protected areasshall form the corpus and theincome therefrom shall be usedexclusively for undertakingprotection and conservation

activities in protected areas ofthe State including facilitatingvoluntary relocation from suchprotected areas and in excep-tional circumstance, a part of thecorpus may also be used subjectto prior approval of the NationalAuthority;

(e) ten per cent. of amount realised fromthe user agencies, which has been crediteddirectly into the State Fund in a year shallbe transferred to the National Fund to meetexpenditure as provided in clause (b) ofsection 5;

(f) the non-recurring and recurringexpenditure for the management of aState Authority including the salary andallowances payable to its officers and otheremployees may be met from a part of theinterest accrued on the amounts availablein the State Fund, in the manner as maybe prescribed;

(g) in case of trans-boundary forestry orenvironmental implication of diversion offorest land for non-forest purposes in aparticular State, if found expedient andnecessary by the National Authority, itmay, in consultation with the concernedSate Authorities order that such sum asmay be justified for reparation of the trans--boundary effects, be transferred to StateFund of such State or States;

(h) State Authority shall release moniesto agencies identified for execution ofactivities in pre-determined installments asper the annual plan of operation finalisedby steering committee of such StateAuthority and executive committee of theNational Authority.

7. Accounting procedure.— The accountingprocedure to regulate the manner ofcrediting the monies to the National Fundand State Fund in a year shall be in suchmanner as may be prescribed.

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CHAPTER III

Constitution of National Authority andState Authorities

8. Constitution of National Authority.— (1)With effect from such date as the CentralGovernment may, by notification in the OfficialGazette, appoint in this behalf, there shall beconstituted a National Authority to be calledthe “National Compensatory AfforestationFund Management and Planning Authority”.

(2) The National Authority shall manageand utilise the National Fund for the purposesof this Act.

(3) The National Authority shall consist ofa governing body and shall be assisted byan executive committee, monitoring groupand administrative support mechanism.

(4) The governing body of the NationalAuthority shall consist of the following,namely:—

(i) Minister for Environment, Forest andClimate Change, Government of India—Chairperson, ex officio;

(ii) Secretaries of Ministries dealing withEnvironment, Forest, Climate Change,Finance (Expenditure), Rural Development,Land Resources, Agriculture, PanchayatiRaj, Tribal Development, Science,Technology, Space and Earth Sciences andChief Executive Officer, National Institutionfor Transforming India Ayog, Governmentof India —Members, ex officio;

(iii) Director General of Forests andSpecial Secretary, Ministry of Environment,Forest and Climate Change, Governmentof India —Member, ex officio;

(iv) Additional Director General ofForests (Forest Conservation), Ministry ofEnvironment, Forest and Climate Change,Government of India —Member, ex officio;

(v) Additional Director General of Forests(Wildlife), Ministry of Environment, Forestand Climate Change, Government of India—Member, ex officio;

(vi) Mission Director, National Missionfor a Green India, Ministry of Environment,Forest and Climate Change, Governmentof India —Member, ex officio;

(vii) Financial Adviser, Ministry ofEnvironment, Forest and Climate Change,Government of India —Member, ex officio;

(viii) five Principal Chief Conservator ofForests, not more than one from each ofthe ten regions, to be nominated by theMinistry of Environment, Forest andClimate Change, Government of India onrotation basis for a period of two years, ata time —Members, ex officio;

(ix) Inspector General of Forests (ForestConservation), Ministry of Environment,Forest and Climate Change, Governmentof India —Member, ex officio;

(x) five experts, one each fromenvironmentalists, conservationists,scientists, economists, and social scientistsappointed by the Central Government fora period of two years subject to not morethan two consecutive terms —Members.

(5) The Central Government may appointan officer of the rank of an Additional DirectorGeneral of Forests as the Chief ExecutiveOfficer of the National Authority who shallbe the Member-Secretary of the governingbody and the executive committee of theNational Authority.

9. Executive committee and monitoringgroup of National Authority.— (1) Thegoverning body of the National Authorityshall, in performance of its functions andpowers under the Act, be assisted by theexecutive committee and the monitoringgroup.

(2) The executive committee of the NationalAuthority shall consist of the following,namely:—

(i) Director General of Forests and SpecialSecretary, Ministry of Environment, Forestand Climate Change, Government of India—Chairperson, ex officio;


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(ii) Additional Director General ofForests (Forest Conservation), Ministryof Environment, Forest and ClimateChange, Government of India —Member,ex officio;

(iii) Additional Director General ofForests (Wildlife), Ministry of Environment,Forest and Climate Change, Governmentof India —Member, ex officio;

(iv) Mission Director, National Missionfor a Green India, Ministry of Environment,Forest and Climate Change, Governmentof India —Member, ex officio;

(v) Financial Adviser, Ministry ofEnvironment, Forest and Climate Change,Government of India —Member, ex officio;

(vi) Head of all regional offices of theMinistry of Environment, Forest andClimate Change, Government of India —Members, ex officio;

(vii) Inspector General of Forests (ForestConservation), Ministry of Environment,Forest and Climate Change, Governmentof India —Member, ex officio;

(viii) a professional ecologist, not beingfrom the Central Government, to beappointed by the Central Government —Member;

(ix) three experts, one each in the fieldsof forestry, tribal development, foresteconomy development, not being from theCentral Government, to be appointed bythe Central Government —Members;

(x) Chief Executive Officer of theNational Authority —Member-Secretary.

(3) The monitoring group shall consist ofsix experts in the field of environment,economics, wildlife, forest, remote sensingand geographical information system andsocial sector and the Director General, ForestSurvey of India, Ministry of Environment,Forest and Climate Change, Government ofIndia.

(4) The following officers shall be appointedby the National Authority for a period notexceeding five years, to assist the executivecommittee in performance of its functions andpowers under the Act, namely:—

(i) Joint Chief Executive Officer of therank of Inspector General of Forests;

(ii) Financial Advisor and Chief AccountsOfficer of the rank of Director in theGovernment of India; and

(iii) Deputy Chief Executive Officers ofthe rank of Deputy Inspector General ofForests.

(5) The governing body of the NationalAuthority may with the prior concurrence ofthe Central Government create posts in theNational Authority at the level of AssistantInspector General of Forests and other officialsto assist the executive committee andmonitoring group in performance of itsfunctions under the Act.

10. Constitution of State Authority.— (1)With effect from such date as the CentralGovernment may, by notification in the OfficialGazette, appoint in this behalf, there shall beconstituted a State Authority to be called the“State Compensatory Afforestation FundManagement and Planning Authority” ineach State.

(2) The Central Government may, if sodesires, appoint different dates forconstitution of State Authority in each of theStates.

(3) The State Authority constituted ina State shall be responsible for themanagement of the State Fund of such Stateand its utilisation for the purposes of the Act.

(4) The State Authority shall consist of agoverning body and shall be assisted by aSteering Committee and an executivecommittee.

(5) The governing body of a State Authorityshall consist of the following, namely:—


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(i) Chief Minister of the State and incase of a Union territory having nolegislature, the Lieutenant Governor or theAdministrator, as the case may be —Chairperson, ex officio;

(ii) Minister of Forests —Member, exofficio;

(iii) Chief Secretary —Member, ex officio;

(iv) Principal Secretaries of theDepartments dealing with Environment,Finance, Planning, Rural Development,Revenue, Agriculture, Tribal Development,Panchayati Raj, Science and Technology—Members, ex officio;

(v) Principal Chief Conservator of Forests(Head of Forest Force) —Member, ex officio;

(vi) Chief Wildlife Warden —Member, exofficio;

(6) Principal Secretary in-charge of theForest Department in a State shall beMember Secretary of the State Authority insuch State.

(7) The State Government shall appoint anofficer of the rank not below the rank of aChief Conservator of Forests as the ChiefExecutive Officer of the State Authority whoshall be the Member-Secretary of the steeringcommittee and the executive committee ofthe State Authority.

11. Steering committee and executivecommittee of State Authority.— (1) Thegoverning body of the State Authorityshall, in performance of its functions andpowers under the Act, be assisted by thesteering committee and the executivecommittee.

(2) The steering committee of a StateAuthority shall consist of the following,namely:—

(i) Chief Secretary —Chairperson, exofficio;

(ii) Principal Secretaries of theDepartments dealing with Forests,Environment, Finance, Planning, RuralDevelopment, Revenue, Agriculture, TribalDevelopment, Panchayati Raj, Science andTechnology —Members, ex officio;

(iii) Principal Chief Conservator ofForests (Head of Forest Force) —Member,ex officio;

(iv) Chief Wildlife Warden —Member, exofficio;

(v) Nodal Officer, the Forest(Conservation) Act, 1980 —Member, ex officio;

(vi) Head of the concerned regional officeof the Ministry of Environment, Forest andClimate Change —Member, ex officio;

(vii) Nodal Officer, State ForestDevelopment Agency —Member, ex officio;

(viii) an expert on tribal matters or arepresentative of tribal communities to beappointed by the State Government—Member;

(ix) Chief Executive Officer, StateAuthority —Member-Secretary.

(3) The executive committee of a StateAuthority shall consist of the following,namely:—

(i) Principal Chief Conservator of Forests(Head of Forest Force) —Chairperson, exofficio;

(ii) Chief Wildlife Warden —Member, exofficio;

(iii) an officer not below the rank of aChief Conservator of Forests dealing withforest and wildlife related schemes—Member, ex officio;

(iv) an officer not below the rank of aChief Conservator of Forests dealing withforestry research —Member, ex officio;

(v) Nodal Officer, State ForestDevelopment Agency —Member, ex officio;

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(vi) a representative each of theDepartments dealing with Environment,Finance, Planning, Rural Development,Revenue, Agriculture, Tribal Development,Panchayati Raj, Science and Technology—Members, ex officio;

(vii) Financial Controller or FinancialAdviser, to be nominated by the FinanceDepartment —Member, ex officio;

(viii) two eminent non-governmentorganisations to be appointed by the StateGovernment —Members;

(ix) two representatives of district levelPanchayati Raj Institutions to be appointedby the State Government —Members;

(x) an expert on tribal matters or arepresentative of tribal community to beappointed by the State Government—Member;

(xi) Chief Executive Officer, StateAuthority —Member-Secretary.

(4) The State Authority may appoint thefollowing officers for a period not exceedingfive years, to assist the steering committeeand executive committee in performance ofits functions under the Act, namely:—

(i) Joint Chief Executive Officer of therank not below the rank of a Conservatorof Forests;

(ii) Financial Advisor and Chief AccountsOfficer of the rank not below the rank of aDeputy Secretary in the State Government;

(iii) Deputy Chief Executive Officer ofthe rank not below the rank of a DeputyConservator of Forests.

(5) The governing body of the StateAuthority may with the prior concurrence ofthe State Government create posts in theState Authority at the level of AssistantConservator of Forests and other officials toassist the steering committee and executivecommittee in performance of its functionsunder the Act.

12. Term of office and conditions of serviceof members.— Save as otherwise providedin this Act, the terms of office and otherconditions of the service of the members ofthe National Authority, executive committee,monitoring group, Chief Executive Officer andofficials appointed by the National Authority,members of State Authority, steeringcommittee and executive committee of eachState Authority shall be such as may beprescribed.

13. Disqualifications.— A person shall bedisqualified for being appointed as a memberof the National Authority, executivecommittee of the National Authority, a StateAuthority, steering committee and executivecommittee of a State Authority, monitoringgroup, if he—

(i) has been convicted and sentenced toimprisonment for an offence which, in theopinion of the Central Government,involves moral turpitude; or

(ii) is an undischarged insolvent; or

(iii) is of unsound mind and stands sodeclared by the competent court; or

(iv) has been removed or dismissedfrom the service of the Government ororganisation or undertaking owned by theGovernment; or

(v) has, in the opinion of the CentralGovernment, such financial or otherinterest in the National Authority or theconcerned State Authority as is likely toaffect the duties discharged by him of hisfunction as a member.

CHAPTER IV

Powers and Functions of National Authorityand State Authorities

14. Powers and functions of NationalAuthority.— (1) Ihe governing body of theNational Authority shall—

(i) formulate broad policy framework forfunctioning of the National Authority and


1964

State Authorities as may be notified by theCentral Government;

(ii) approve the annual report andaudited accounts of the National Authority;

(iii) review reports on decision takenby executive committee and monitoringgroup of the National Authority includinginvestment decisions;

(iv) approve the proposal for theschemes specified in sub-clause (iii) ofclause (b) of section 5;

(v) approve the proposals for creationof posts in the National Authority, subjectto prior permission of the CentralGovernment;

(vi) provide a mechanism to StateAuthorities to resolve issues of inter-Stateor Centre-State character;

(vii) formulate such procedures fordelegation of financial and administrativepowers, to the National Authority and StateAuthorities as may be notified by theCentral Government.

(2) The governing body of the NationalAuthority shall meet at least once in sixmonths.

(3) The governing body and executivecommittee of the National Authority and themonitoring group of the National Authorityshall meet at such places and shall observesuch rules and procedures in regard totransaction of business at its meeting,including the quorum thereat, as may beprescribed.

15. Powers and functions of executivecommittee of National Authority.— (1) Theexecutive committee of the National Authorityshall—

(i) approve within three months from thedate of receipt, annual plan of operationsof State Authorities, with such amend-ments as it deems fit and proper;

(ii) formulate proposals for schemesspecified in sub-clause (iii) of clause (b) ofsection 5;

(iii) execute schemes specified in sub--clause (iii) of clause (b) of section 5;

(iv) deploy staff on contract or ondeputation basis to the posts in theNational Authority;

(v) formulate proposals for creation ofposts in the National Authority at the levelof Assistant Inspector General of Forestsand other officers;

(vi) invest surplus amounts available inthe National Fund;

(vii) execute other day-to-day work inrespect of receipt of amounts in theNational Fund;

(viii) maintain books of account and suchother records;

(ix) facilitate scientific, technological andother assistance that may be required byState Authorities;

(x) present its decisions to the governingbody of the National Authority forinformation;

(xi) maintain and update a publicinformation system on the NationalAuthority and present all information onits transaction in the public domain;

(xii) undertake any other work as maybe assigned by the governing body ofthe National Authority or the CentralGovernment, from time to time.

(2) The executive committee of the NationalAuthority shall meet at least once in everythree months.

16. Functions of monitoring group.— (1)The monitoring group shall—

(i) evolve independent system forconcurrent monitoring and evaluation ofthe works implemented in the States andUnion territories utilising the fundsreleased by the National Authority andState Authorities to ensure effective and


1965

proper utilisation of funds by utilising theservices of the regional offices, of theCentral Government in the Ministry ofEnvironment, Forest and Climate Change:

Provided that the Central Governmentmay also undertake third party monitoringand evaluation of the works implementedin the States and Union territories utilisingthe funds released by the NationalAuthority and State Authorities throughindividual and institutional expertsincluding remote sensing agencies;

(ii) inspect and undertake financial auditof works executed by utilising the fundsreleased by the National Authority andState Authorities in the State and Unionterritories;

(iii) devise measures for transparencyand accountability.

(2) The monitoring group shall meet at leastonce in three months.

17. Powers and functions of StateAuthority.— (1) The governing body of a StateAuthority shall—

(i) lay down the broad policy frameworkfor the functioning of such State Authoritywithin the overall framework notifiedby the Central Government on therecommendations of the NationalAuthority;

(ii) review the working of the StateAuthority from time to time.

(2) The governing body of a State Authorityshall meet at least once in six months.

(3) The governing body, steeringcommittee and executive committee of a StateAuthority shall meet at such places and shallobserve such rules and procedures inregards to transaction of business at itsmeeting, including the quorum thereat, asmay be prescribed.

18. Powers and functions of steeringcommittee of State Authority.— (1) Thesteering committee of a State Authority shall—

(i) scrutinise and approve with suchamendments as it may deems fit andproper the annual plan of operationsprepared by the executive committee ofsuch State Authority and send the same tothe executive committee of the NationalAuthority for final approval;

(ii) monitor the progress of the utilisationof funds released from the State Fund;

(iii) review reports on decision taken byexecutive committee including investmentdecisions;

(iv) approve, subject to priorconcurrence of the State Government,proposals formulated by the executivecommittee for creation of posts in the StateAuthority;

(v) approve annual report of the StateAuthority and send the same to the StateGovernment to lay it, each year, in eachHouse of the State Legislature;

(vi) ensure inter-departmental co--ordination.

(2) The steering committee of a StateAuthority shall meet at least once in everythree months.

19. Functions and powers of executivecommittee of State Authority.— (1) Theexecutive committee of a State Authorityshall—

(i) formulate and submit annual plan ofoperations to the steering committee of theState Authority for its concurrence;

(ii) undertake qualitative andquantitative supervision, monitoring andevaluation of the works being implementedfrom amounts available in the State Fund;

(iii) invest surplus amounts available inthe State Fund of such State;

(iv) maintain books of account and otherrecords;

(v) submit reports to the steeringcommittee of the State Authority;


1966

(vi) prepare annual report of the StateAuthority;

(vii) deploy staff on contractual basis oron deputation to the posts in the StateAuthority;

(viii) formulate proposals for creation ofposts in the State Authority;

(ix) be responsible for delegation offinancial or administrative powers;

(x) be responsible for other day-to-dayworking in respect of the State Authority;

(xi) maintain and update publicinformation system on the State Authorityand present all information on itstransaction in the public domain;

(xii) undertake any other work as maybe assigned by the governing body orsteering committee of the State Authorityor the State Government, from time to time.

(2) The executive committee of a StateAuthority shall meet at least once in everythree months.

CHAPTER V

Finance, Accounts, Audit and Annual Report

20. Budget of National Authority.— (1) TheNational Authority shall prepare its budgetfor the next financial year, showing theestimated receipts and expenditure of theNational Authority and forward the same tothe Central Government, in such form and atsuch time in each financial year as may beprescribed.

(2) The National Authority, shall adoptfinancial regulation and procedures, inparticular the procedure for drawing up andimplementing the budget of the NationalAuthority as may be prescribed.

21. Investment of funds by NationalAuthority.— The National Authority mayinvest its funds, including any reserve fund,in the securities of the Central Governmentand in scheduled banks in such manner asmay be prescribed:

Provided that the grants received from theCentral Government shall not be invested andshall be utilised for the purposes and in themanner attached to it.

22. Accounts and audit of NationalAuthority,— (1) The National Authority shallmaintain proper accounts and other relevantrecords and prepare an annual statement ofaccounts in such form as may be prescribedin consultation with the Comptroller andAuditor-General of India.

(2) The accounts of the National Authorityshall be audited by the Comptroller andAuditor-General of India at such intervals asmay be specified by him and any expenditureincurred in connection with such audit shallbe payable by the National Authority to theComptroller and Auditor-General.

(3) The Comptroller and Auditor-Generaland any other person appointed by him inconnection with the audit of the accountsof the National Authority shall have thesame right and privileges and authorityin connection with such audit as theComptroller and Auditor-General generallyhas in connection with the audit of theGovernment accounts and, in particular, shallhave the right to demand the production ofbooks, accounts, connected vouchers andother documents and papers and to inspectthe office of the National Authority.

(4) The accounts of the National Authorityas certified by the Comptroller and Auditor--General or any other person appointed byhim in this behalf together with the auditreport thereon, shall be forwarded annuallyto the Central Government by the NationalAuthority.

(5) The Comptroller and Auditor-Generalshall, within a period of six months from thedate of commencement of the Act, audit theaccounts of the all monies collected by theState Governments and Union territoryAdministrations, which has been placedunder the ad hoc Authority and deposited inthe nationalised banks and submit the reportto the Central Government under this section.


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(6) The Central Government shall have thepower to conduct the special audit orperformance audit of the National Fund andof the National Authority through theComptroller and Auditor-General.

23. Annual report of National Authority.—(1) The National Authority shall prepare, itsannual report, giving a full account of itsactivities during the previous financial yearand forward a copy thereof to the CentralGovernment, in such form and at such time,for each financial year, as may be prescribed.

(2) The annual report shall, inter alia,provide for—

(i) the summary of monitoring andevaluation of activities undertaken fromamounts released from the National Fundand State Funds during the year;

(ii) the summary of specific schemesspecified in sub-clause (iii) of clause (b) ofsection 5 executed during the year;

(iii) the amount of money received andexpended.

24. Annual report and audit report ofNational Authority to be laid beforeParliament.— The Central Government shallcause the annual report and audit reporttogether with a memorandum of action takenon the recommendations contained thereinto be laid as soon as may be after the reportsare received before each House of Parliament.

25. Budget of State Authority.— (1) EachState Authority shall prepare its budget forthe next financial year, showing the estimatedreceipts and expenditure of the StateAuthority and forward the same to the StateGovernment, in such form and at such time,in each financial year, as may be prescribed.

(2) Each State Authority shall adoptfinancial regulation and procedures, inparticular the procedure for drawing up andimplementing the budget of the StateAuthority as may be prescribed.

26. Investment of funds by StateAuthority.— State Authority may invest fundsavailable in the State Fund of such State inthe securities of the Central Government andin scheduled banks in such manner as maybe prescribed:

Provided that the grants received from theState Government shall not be invested andshall be utilised for the purpose and in themanner prescribed.

27. Accounts and audit of StateAuthority.— (1) Each State Authority shallmaintain proper accounts and other relevantrecords and prepare an annual statement ofaccounts in such form as may be prescribedin consultation with the Comptroller andAuditor-General of India.

(2) The accounts of each State Authorityshall be audited by the Comptroller andAuditor-General at such intervals as may bespecified by him and any expenditureincurred in connection with such audit shallbe payable by the State Authority to theComptroller and Auditor-General.

(3) The Comptroller and Auditor-Generaland any other person appointed by him inconnection with the audit of the accounts ofthe State Authority shall have the same rightand privileges and authority in connectionwith such audit as the Comptroller andAuditor-General generally has in connectionwith the audit of the Government accountsand, in particular, shall have the right todemand the production of books, accounts,connected vouchers, other documents andpapers and to inspect the office of the StateAuthority.

(4) The Accounts of the State Authority ascertified by the Comptroller and Auditor--General or any other person appointed byhim in this behalf together with the auditreport thereon, shall be forwarded annuallyto the State Government by the StateAuthority.


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(5) The Comptroller and Auditor-Generalshall, within a period of six months from thedate of commencement of the Act, audit theaccounts of all the monies which have beentransferred by the ad hoc Authority to theState Compensatory Afforestation FundManagement and Planning Authoritiesconstituted in the States in compliance ofguidelines dated the 2nd July, 2009 andsubmit the report to the State Governmentunder this section.

(6) The Central Government and the StateGovernment concerned shall have the powerto conduct the special audit or performanceaudit of the State Fund and of the StateAuthority through the Comptroller andAuditor-General.

28. Annual report of State Authority.— (1)Each State Authority shall prepare its annualreport, giving a full account of its activitiesduring the previous financial year andforward a copy thereof to the concernedState Government, in such form and at suchtime, for each financial year, as may beprescribed.

(2) The annual report of a State Authorityshall, inter alia, provide for—

(i) the number and location of eachreforestation, afforestation and conser-vation activity subject to the requirementof this section;

(ii) the amount and location of landsin hectares, cleared, conserved andplanted in connection with the activity;and

(iii) the amount of afforestation moneycollected and expended.

29. Annual report and audit report ofState Authority to be laid before StateLegislature.— The State Government shallcause the annual report and the audit reporttogether with a memorandum of action taken

on the recommendations contained thereinto be laid as soon as may be after thereports are received before each House ofthe State Legislature:

Provided that in case of a Union territoryhaving no legislature, the CentralGovernment shall cause the annual reportand the audit report together with amemorandum of action taken on therecommendations contained therein to belaid as so on as may be after the reportsare received before each House of theParliament.

CHAPTER VI

Miscellaneous

30. Power to make rules.— (1) The CentralGovernment in consultation with the StateGovernments may, after previous publication,make rules for carrying out the purposes ofthis Act.

(2) In particular, and without prejudice tothe generality of the foregoing power, suchrules may provide for all or any of thefollowing matters, namely:—

(a) the management of the National Fundby the National Authority under sub--section (2) of section 3;

(b) the management of State Fund bythe State Authorities under sub-section (2)of section 4;

(c) the manner of using the money forpurposes specified in clause (b) of section 6;

(d) the manner of utilising the moneyfor purposes specified in clause (c) ofsection 6;

(e) the manner of payment of the salaryand allowances payable to the officers andother employees of the State Authorityunder clause (f) of section 6;

(f) the accounting procedure regulatingthe manner of crediting the monies to the


1969

National Fund and State Funds undersection 7;

(g) the terms of office and otherconditions of the service of the membersof the National Authority, executivecommittee, monitoring group, ChiefExecutive Officer and officials appointedby the National Authority, members ofState Authority, steering committee andexecutive committee of each StateAuthority under section 12;

(h) the rules and procedures in respectof the transaction of business of thegoverning body and executive committeeof the National Authority and monitoringgroup of the National Authority and theplace of meeting, including the quorumunder sub-section (3) of section 14;

(i) the rules and procedures in respectof the transaction of business of thegoverning body, steering committee andexecutive committee of a State Authorityand the place of meeting, includingthe quorum under sub-section (3) ofsection 17;

(j) the preparation of the budget of theNational Authority under sub-section (1)of section 20;

(k) the financial regulation andprocedures, in particular the procedure fordrawing up and implementing the budgetof the National Authority under sub-section(2) of section 20;

(l) the investment of the funds of theNational Authority under section 21;

(m) the maintenance of the accounts andother relevant records and preparation ofan annual statement of accounts by theNational Authority under sub-section (1)of section 22;

(n) the preparation of the annual reportby the National Authority under sub--section (1) of section 23;

(o) the preparation of the budget of theState Authority under sub-section (1) ofsection 25;

(p) the financial regulation andprocedures, in particular the procedure fordrawing up and implementing the budgetof the State Authorities under sub-section(2) of section 25;

(q) the investment of funds by the StateAuthorities under section 26;

(r) the maintenance of the accounts andother relevant records and preparation ofannual statement of accounts by eachState Authority under sub-section (1) ofsection 27;

(s) the preparation of the annual reportby the State Authorities under sub-section(1) of section 28; and

(t) any other matter which is requiredto be, or may be prescribed.

(3) Every rule made under this Act shallbe laid, as soon as may be after it is made,before each House of Parliament, while it isin session, for a total period of thirty dayswhich may be comprised in one session orin two or more successive sessions, and if,before the expiry of the session immediatelyfollowing the session or the successivesessions aforesaid, both Houses agree inmaking any modification in the rule or bothHouses agree that the rule should not bemade, the rule shall, thereafter have effectonly in such modified form or be of no effect,as the case may be; so, however, that anysuch modification or annulment shall bewithout prejudice to the validity of anythingpreviously done under that rule.

31. Transfer of assets, liabilities, etc.— (1)On and from the date of constitution of theNational Authority—

(i) all the assets and liabilities of the adhoc Authority shall stand transferred to,and vested in, the National Authority;

Explanation.— The assets of the ad hocAuthority shall be deemed to include allrights and powers, all properties, whethermovable or immovable, including inparticular, cash balances, deposits, and allother interests and rights in, or arising


1970

of, such properties as may be in thepossession of the ad hoc Authority and allbooks of account and other documentsrelating to the same, and liabilities shallinclude all debts, liabilities and obligationsof whatever kind;

(ii) without prejudice to the provisionsof clause (i), all debts, obligations andliabilities incurred, all contracts enteredinto and all matters and things engagedto be done by, with or for the ad hocAuthority immediately before constitutionof the National Authority, for or inconnection with the purpose of the ad hocAuthority, shall be deemed to have beenincurred, entered into or engaged to bedone by, with or for, the National Authority;

(iii) all sums of money due to the ad hocAuthority immediately before constitutionof the National Authority shall be due tothe National Authority;

(iv) all suits and legal proceedingsinstituted or which could have beeninstituted by or against the ad hocAuthority may be continued or may beinstituted by or against the NationalCompensatory Authority.

(2) On and from the date of constitutionof a State Authority—

(i) all the assets and liabilities of theState Compensatory Afforestation FundManagement and Planning Authorityconstituted in such State in compliance ofguidelines dated the 2nd July, 2009 shallstand transferred to, and vested in, theState Authority.

Explanation.— The assets of the StateCompensatory Afforestation FundManagement and Planning Authorityconstituted in such State in compliance ofguidelines dated the 2nd July, 2009 shallbe deemed to include all rights andpowers, all properties, whether movableor immovable, including in particular, cashbalances, deposits, and all other interests

and rights in, or arising of, such propertiesas may be in the possession of theState Compensatory Afforestation FundManagement and Planning Authorityconstituted in such State in compliance ofguidelines dated the 2nd July, 2009 andall books of account and other documentsrelating to the same, and liabilities shallinclude all debts, liabilities and obligationsof whatever kind;

(ii) without prejudice to the provisionsof clause (i), all debts, obligations andliabilities incurred, all contracts enteredinto and all matters and things engagedto be done by, with or for the StateCompensatory Afforestation FundManagement and Planning Authorityconstituted in such State in complianceof guidelines dated the 2nd July, 2009before this Act came into force, for orin connection with the purpose of theState Compensatory Afforestation FundManagement and Planning Authorityconstituted in such State in compliance ofguidelines dated the 2nd July, 2009, shallbe deemed to have been incurred, enteredinto or engaged to be done by, with or for,the State Authority;

(iii) all sums of money due to theState Compensatory Afforestation FundManagement and Planning Authorityconstituted in such State in compliance ofguidelines dated the 2nd July, 2009 beforeconstitution of the State Authority shall bedue to the State Authority;

(iv) all suits and legal proceedingsinstituted or which could have beeninstituted by or against the StateCompensatory Afforestation FundManagement and Planning Authorityconstituted in such State in compliance ofguidelines dated the 2nd July, 2009 maybe continued or may be instituted by oragainst the State Authority.

32. Validation.— (1) Notwithstandinganything contained in any judgment, decreeor order of any court, the amount credited to


1971

the National Fund shall be deemed to becredited and shall always be deemed to havebeen credited to the public account of Indiawithin the meaning of articles 266 and 283of the Constitution, and it shall be regulatedby law made by Parliament in this behalf.

(2) Notwithstanding anything contained inany judgment or order of any court, all themonies collected by the State Governmentsand the Union territory Administrationswhich has been placed under the ad hocAuthority and deposited in the nationalisedbanks and the interest accrued thereon shallstand transferred to the National Fund.

(3) Notwithstanding anything contained inany judgment or any order of any court, theamount credited to the State Fund shall bedeemed to be credited and shall always bedeemed to have been credited to the publicaccount of the State within the meaning ofarticles 266 and 283 of the Constitution, andit shall be regulated by law made by theState Legislature in this behalf.

33. Power of Central Government to issuedirections.— (1) The Central Governmentmay, if it finds necessary or expedient in thepublic interest, issue such policy directivesto the National Authority or any StateAuthority, in writing and such policydirectives shall be binding upon the NationalAuthority or the State Authority, as the casemay be.

(2) The decision of the CentralGovernment, whether a question is one ofpolicy or not, shall be final.

_________

The above Bill has been passed by theHouses of Parliament.

Dated the Chairman.

_________

I assent to this Bill.

Dated the President.

———!!!———

Department of Mines

Directorate of Mines & Geology———

Order

5/2/2007/ADM/MINES/PART/2999

Sanction of the Government is hereby conveyed for continuation of following temporaryposts in Group ‘A’ and Group ‘B’ category in Directorate of Mines & Geology for further periodof one year from 1-3-2017 to 28-2-2018.

Sr. No. Designation Pay Scale + Grade Pay No. of posts Budget Head

1 2 3 4 5

1. Deputy Director of Mines 15,600-39,100 + G.P. 5,400/- 3 2853—Non Ferrous Mining &

2. Assistant Mining Engineer 9,300-34,800 + G.P. 4,600/- 2 Metallurgical Industries;

3. Senior Technical Assistant 9,300-34,800 + G.P. 4,600/- 1 02— Regulation and Develop-

4. Surveying Officer 9,300-34,800 + G.P. 4,200/- 1 ment of Mines;

5. Statistical Officer 9,300-34,800 + G.P. 4,200/- 1 001—Direction and Administration;

6. Research Assistant 9,300-34,800 + G.P. 4,200/- 1 01—Mines Development (Non-Plan);

7. Assistant Geologist 9,300-34,800 + G.P. 4,200/- 7 01—Salaries.


1972

8. Assistant Accounts Officer 9,300-34,800 + G.P. 4,600/- 1 2853—Non Ferrous Mining &

Metallurgical Industries;

9. Assistant Geologist 9,300-34,800 + G.P. 4,200/- 2 02— Regulation and Develop-

ment of Mines;

10. Surveying Officer 9,300-34,800 + G.P. 4,200/- 1 001— Direction and Administration;

02— Strengthening of Mines

Department (Plan);

01—Salaries.

The expenditure towards salaries shall be borne from the Budget Head shown against columnNo. 5.

Prasanna A. Acharya, Director & ex officio Additional Secretary (Mines & Geology).

Panaji, 21st February, 2017.———!!!———

1 2 3 4 5

Department of Science, Technology &Environment

___

Notification

1/24/2010/STE-DIR/487

The following notifications published in theGazette of India is hereby published forgeneral information of public:—

(1) S.O. 1244(E) dated 7-5-2014;(2) S.O. 3085(E) dated 28-11-2014;(3) S.O. 383(E) dated 4-2-2015;(4) S.O. 556(E) dated 17-2-2015;(5) S.O. 938(E) dated 31-3-2015;(6) S.O. 1599(E) dated 16-6-2015.

By order and in the name of the Governorof Goa.

Agnelo A. J. Fernandes, Director & ex officioJoint Secretary (Environment).

Porvorim, 23rd February, 2017.————

Government of India

MINISTRY OF ENVIRONMENTAND FORESTS

New Delhi, the 7th May, 2014

Notification

S. O. 1244 (E).— Whereas by notification ofthe Government of India in the Ministry of

Environment and Forests number S.O.19 (E),dated the 6th January, 2011 (hereinafterreferred to as the said notification), the CentralGovernment declared certain coastalstretches as Coastal Regulation Zone andrestrictions were imposed on the setting upand expansion of industries, operations andprocesses in the said Zone;

And whereas under clause (viii) ofparagraph 5 of the said notification theCoastal Zone Management Authority of theState Government or of the Union territoryare required to submit the draft CoastalZone Management Plans along with itsrecommendations to the Ministry ofEnvironment and Forests on or before the 30thSeptember, 2013, after incorporating thesuggestions and objections received from thestakeholders.

And whereas the status of preparation ofthe Coastal Zone Management Plans has beenperiodically reviewed by the National CoastalZone Management Authority and it has notedthat the preparation of Coastal ZoneManagement Plans are in progress, it maytake some more time for the States andUnion territories to submit their respectivedraft Coastal Zone Management Plans forapproval.

And whereas the Central Government,having regard to the provision of sub-rule (4)of rule 5 of the Environment (Protection)


1973

Rules, 1986, is of the opinion that it is in publicinterest to dispense with the requirement ofnotice under clause (a) of sub-rule (3) of rule 5of the said rules for amending the saidnotification;

Now, therefore, in exercise of the powersconferred by sub-section (1) and clause (v) ofsub-section (2) of section 3 of the Environment(Protection) Act, 1986 (29 of 1986), read withclause (d) of sub-rules (3) and sub-rule (4) ofrule 5 of the Environment (Protection) Rules,1986, the Central Government hereby makesthe following amendments in the saidnotification, namely:—

In the said notification, in paragraph 5,

(a) for item (viii), the following item shallbe substituted, namely:—

“(viii) The Coastal Zone ManagementAuthority of the State Government or of theUnion territory shall submit the draft CoastalZone Management Plans along with itsrecommendations to the Ministry ofEnvironment and Forests on or before the30th September, 2014 after incorporatingthe suggestions and objections receivedfrom the stakeholders;

(b) for item (xii), the following item shall besubstituted, namely:—

(xii) The Coastal Zone Management Planswhich are already approved by the Ministryof Environment and Forests shall be usedtill 31st January, 2015.

[No. 11-83/2005-IA. III]

MANINDER SINGH Joint Secretary to the Govt. of India.

Explanatory Memorandum—

As per amendment vide S.O. 2557(E) dated22nd August, 2013, the period of time limitgranted to the State Government/UnionTerritory to submit the draft Coastal ZoneManagement Plans to Ministry of Environmentand Forests was valid till 30th September, 2013and the Coastal Zone Management Plansapproved by the Ministry of Environment and

Forests were valid till 31st January, 2014. It iscertified that extending the time limit tosubmit the draft Coastal Zone ManagementPlans and also extending the validity of theCoastal Zone Management Plans withretrospective effect shall not prejudicially affectthe interest of any person to whom suchnotification may be applicable.

Note: The principal notification was publishedin the Gazette of India, Extraordinary, Part II,Section 3, Sub-section (ii), vide number S.O. 19(E),dated the 6th January, 2011.

————MINISTRY OF ENVIRONMENT, FORESTS

AND CLIMATE CHANGE

New Delhi, the 28th November, 2014

Notification

S. O. 3085 (E).— Whereas by a notificationof the Government of India in the erstwhileMinistry of Environment and Forests numberS.O.19 (E), dated the 6th January, 2011(hereinafter referred to as the CRZnotification), coastal stretches are declared asCoastal Regulation Zone (CRZ) and restrictionshave been imposed on industries, operationsand processes in the CRZ area;

And whereas under para 4 (ii) (a) of the CRZnotification, the activities not listed in thenotification number S.O. 1533 (E), dated the14th September, 2006 (hereinafter referred toas the EIA notification, 2006) require clearancefrom the Ministry of Environment and Forests.

And whereas it has become necessary todelegate the powers of clearing such activitieseither to the State Government or to theregional authorities;

And whereas, the Central Government is ofthe opinion that it is in public interestto dispense with the requirement of noticeunder clause (a) of sub-rule (3) of rule 5 ofthe Environment (Protection) Rules;

Now, therefore, in exercise of the powersconferred by sub-section (1) and clause (v) of


1974

sub-section (2) of Section 3 of the Environment(Protection) Act, 1986 (29 of 1986) read withclause (d) of sub-rules (3) and (4) of rule 5 ofthe Environment (Protection) Rules, 1986, theCentral Government hereby makes thefollowing amendments in the CRZ notification,namely:—

In the CRZ notification,—

(1) in paragraph 4, in sub-paragraph (i)

(a) in clause (d), after the words “shallbe considered”, the words “for approval”shall be inserted;

(b) in clause (f), after the words ‘erosioncontrol measures’, the words “and saltworks” shall be inserted;

(2) In sub-paragraph (ii) of paragraph 4,—

(a) af ter the words, “the followingactivities shall require clearance from MoEF,the words “after being recommended bythe concerned CZMA” shall be inserted;

(b) for clause (a), the following clauseshall be substituted, namely:—

(a) “those activities listed undercategory ‘A’ in the EIA notification 2006and permissible under the saidnotification”;

(3) In paragraph 4.2, in sub-paragraph (ii),after clause (b), the following clause shall beinserted, namely:—

“(c) SEIAA, for the projects specifiedunder paragraph 4(i) (except with respectto item (d) thereof relating to buildingprojects with less than 20,000 sq. mts ofbuilt-up area) and for the projects notattracting EIA notification, 2006”

(4) In paragraph 8 (i)I (ii)(b), after the word‘jetties’, the words “erosion control measures”shall be inserted.

[No. 12-3/2008-IA.III]

BISHWANATH SINHA, Jt. Secy.

Note: (1) The principal notification was publishedin the Gazette of India, Extraordinary, Part II, Section 3,Sub-section (ii), vide numbers S.O.19 (E), dated the6th January, 2011.

MINISTRY OF ENVIRONMENT, FORESTSAND CLIMATE CHANGE

(COASTAL REGULATION ZONE)

New Delhi, the 4th February, 2015

Notification

S.O. 383(E).— In exercise of the powersconferred by sub-section (1), clause (v) ofsub-section (2) and sub-section (3) of Section3 of the Environment (Protection) Act, 1986(29 of 1986), the Central Government herebymakes the following amendments in thenotification of the Government of India in theMinistry of Environment and Forests, videnumber S.O. 19(E), dated the 6th January,2011, published in the Gazette of India,Extraordinary, Part II, Section 3, Sub-section(ii), dated 6th January, 2011, namely.—

In the said notification, in Annexure-III,after item 11, the following Note shall beinserted, namely:—

“Note: For the development of beach resortsor hotels in the CRZ-II area, the guidelines atsub-items (c), (d), (e), (f), (g), (n), (o), (q), (r) ofitem I and at item II shall be applicable.”

[F. No. J-17011/18/96-IA-III]


Note: The Principal notification was publishedin the Gazette of India, Extraordinary, Part-II, Section 3,Sub-section (ii) dated 6th January, 2011 vide numberS.O. 19(E), dated the 6th January, 2011.


New Delhi, the 17th February, 2015

Notification

S.O. 556(E).— Whereas, a draft notificationfurther to amend the notification of theGovernment of India in the erstwhile Ministryof Environment and Forests number, S.O.19(E), dated the 6th January, 2011 (hereinafterreferred to as the Coastal Regulation Zone,notification, 2011) was published in the


1975

Gazette of India, Extraordinary, Part II,section 3, sub-section (ii) vide notificationnumber S.O. 3202(E) dated the 11th December,2014, as required under sub-rule (3) of rule 5of the Environment (Protection) Rules, 1986,inviting objections and suggestions from allpersons likely to be affected thereby, withina period of sixty days from the date onwhich copies of Gazette containing the saidnotification were made available to thepublic;

And whereas, copies of the said notificationwere made available to the public on 11thDecember, 2014;

And whereas, objections and suggestionsreceived in response to the said draftnotification have been considered by theCentral Government.

Now, therefore, in exercise of the powersconferred by sub-section (1) and clause (v) ofsub-section (2) of section 3 of the saidEnvironment (Protection) Act, (29 of 1986)read with clause (d) of sub-rule (3) of rule 5of the said Environment (Protection) Rules,1986, the Central Government hereby makesthe following further amendments in theCoastal Regulation Zone notification, 2011,namely:—

In the said Coastal Regulation Zone,notification, 2011,—

(a) in paragraph 3,—

(i) for item (ix), the following item shallbe substituted, namely:—

“(ix) Reclamation for commercialpurposes such as shopping and housingcomplexes, hotels and entertainmentactivities except for construction ofmemorials/monuments and alliedfacilities, only in CRZ-IV (A) areas, inexceptional cases, by the concernedState Government, on a case to casebasis;”

(ii) for item (xiii), the following item shallbe substituted, namely:—

“(xiii) Dressing or altering the sanddunes, hills, natural features including

landscape change for beautification,recreation and other such purpose exceptutilising the rocks/hills/natural features,only in CRZ-IV (A) areas, for developmentof memorials/monuments and alliedfacilities, by the concerned StateGovernment;”

(b) in paragraph 4, in sub-paragraph (ii),after item (i) the following item shall beinserted, namely:—

“(j) Construction of memorials//monuments and allied facilities by theconcerned State Government in CRZ-IV (A)areas, in exceptional cases, with adequateenvironmental safeguards, subject to thefollowing, namely:—

(A) The concerned State Governmentshall submit justification for locating theproject in CRZ-IV (A) area along withdetails of alternate sites considered andweightage matrix on various parametersincluding environmental parameters, toState CZMA who will examine the projectand make recommendation to the CentralGovernment (MoEF) for grant of Termsof Reference (ToRs) for preparation of anenvironmental impact assessment reportby the State Government;

(B) On grant of ToRs by the CentralGovernment, the concerned StateGovernment shall submit the draftEnvironmental Impact Assessment report(EIA) with Environmental ManagementPlan (EMP), draft Risk AssessmentReport with Disaster Management Plan(DMP) including on-site and off-siteemergency plan and evacuation planduring emergency, to the State PollutionControl Board for conduct of publichearing for the proposed project inaccordance with the procedure laiddown under the Environment ImpactAssessment notification;

(C) The concerned State Governmentshall, after addressing the relevant issuesraised by the public during the publichearing referred to in sub-item (B),submit the final EIA, EMP, Risk Assess-


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ment and DMP, to the State CZMA for theirexamination and recommendation toMoEF;”

(D) The Central Government may, if itconsiders necessary so to do, dispensewith the requirement of public hearingreferred to in sub-item (B), if it is satisfiedthat the project will not involverehabilitation and resettlement of thepublic or the project site is located awayfrom human habitation.

[F. No. J -17011/18/96-IA-III]


Note: The principal notification was published inthe Gazette of India. Extraordinary, Part II, Section 3,sub-section (ii), vide number S.O. 19(E), dated the6th January, 2011 and subsequently vide notificationnumber S.O. 3085(E), dated the 28th November, 2014.


New Delhi, the 31st March, 2015

Notification

S.O. 938(E).— Whereas, by notification of theGovernment of India in the erstwhile Ministryof Environment and Forests number S.O. 19 (E),dated the 6th January, 2011 (hereinafterreferred to as the said notification), the CentralGovernment had declared certain coastalstretches as Coastal Regulation Zone andrestrictions were imposed on the setting upand expansion of industries, operations andprocesses in the said Zone;

And whereas, under clause (viii) ofparagraph 5 of the said notification, theCoastal Zone Management Authority of aState Government or of a Union territory isrequired to submit the draft Coastal ZoneManagement Plan along with its recommen-dations to the Ministry of Environment andForests within a period of six months, i.e., onor before the 30th September, 2013, afterincorporating the suggestions and objectionsreceived from the stakeholders;

And whereas, under clause (xii) ofparagraph 5 of the said notification, theCoastal Zone Management Plans alreadyapproved under the CRZ notification, 1991,shall be valid for a period of twenty-fourmonths unless the said period is extended bythe Ministry of Environment and Forest by aspecific notification;

And whereas after the periodic review ofthe status of preparation of the Coastal ZoneManagement Plans, the Central Governmentis satisfied that it may take some moretime for the States and Union territoriesto submit their respective draft CoastalZone Management Plans for approval;

And whereas the Central Government,having regard to provision of sub-rule (4) ofrule 5 of the Environment (Protection) Rules,1986, is of the opinion that it is in publicinterest to dispense with the requirement ofnotice under clause (a) of sub-rule (3) of rule 5of the said rules for amending the saidnotifications;

Now, therefore, in exercise of the powersconferred by sub-section (1) and clause (v) ofsub-section (2) of section 3 of the Environment(Protection) Act, 1986 (29 of 1986) read withclause (d) of sub-rule (3) and sub-rule (4) ofrule 5 of the Environment (Protection) Rules,1986, the Central Government hereby makesthe following amendments in the saidnotification, namely:—

In the said Coastal Regulation Zone,notification, 2011,—

(a) in paragraph 5,—

(i) for item (viii), the following item shallbe substituted, namely:—

“(viii) The Coastal Zone ManagementAuthority of a State or of a Union territoryshall submit the draft Coastal ZoneManagement Plan along with itsrecommendations to the Ministry ofEnvironment, Forest and Climate Change,after incorporating the suggestionsand objections received from thestakeholders”.


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(ii) for item (xii), the following item shallbe substituted, nameIy:—

“(xii) The Coastal Zone ManagementPlans as already approved by the Ministryof Environment and Forests shall be validup to the 31st day of January, 2016, or tillsuch time as the approval is given by thatMinistry to the fresh Coastal ZoneManagement Plans made under the saidnotification, whichever is earlier.”

[No. J-17011/18/96-IA-III]


Note: The principal notification was published inthe Gazette of India. Extraordinary, Part II, Section 3,Sub-section (ii), vide number S.O. 19(E), dated the6th January, 2011 and subsequently amended asfollows:

1. S.O. 2557(E), dated the 22nd August, 2013;

2. S.O. 1244(E), dated the 30th April, 2014;

3. S.O. 3085(E), dated the 28th November, 2014;

4. S.O. 383(E), dated the 4th February, 2015; and

5. S.O. 556(E), dated the 17th February, 2015;


New Delhi, the 16th June, 2015

Notification

S.O. 1599 (E).— Whereas, a draft notificationunder sub-rule (3) of Rule 5 of the Environment(Protection) Rules, 1986 for making certainamendments in the Coastal Regulation ZoneNotification, 2011, issued vide number S.O.19(E), dated the 6th January, 2011, waspublished in the Gazette of India,Extraordinary, Part II, Section 3, sub-section(ii) vide number S.O. 937 (E) dated the31st March, 2015 inviting objections andsuggestions from all persons likely to beaffected thereby within a period of sixty daysfrom the date on which copies of Gazettecontaining the said notification were madeavailable to the public;

And whereas, copies of the said notificationwere made available to the public on 31stMarch, 2015;

And whereas, the objections andsuggestions received in response to the abovementioned draft notification have beenexamined by the Central Government;

Now, therefore, in exercise of the powersconferred by sub-section (1) and clause (v) ofsub-section (2) of section 3 of the saidEnvironment (Protection) Act, 1986 (29 of1986) read with clause (d) of sub-rule (3) ofrule 5 of the said Environment (Protection)Rules, 1986 the Central Government herebymakes the following further amendments inthe Coastal Regulation Zone Notification, 2011,namely:—

In the said notification, in paragraph 8, insub-paragraph (i),—

(a) the Note and the entries relatingthereto shall be omitted;

(b) in clause II relating to CRZ-II, forsub-clause (ii), the following sub-clauseshall be substituted, namely:—

“(ii) buildings permitted on thelandward side of the existing andproposed roads or existing authorisedstructures shall be subject to the existinglocal town and country planningregulations as modified from time to time,except the Floor Space Index or FloorArea Ratio, which shall be as per 1991level:

Provided that no permission forconstruction of buildings shall be givenon landward side of any new roads whichare constructed on the seaward side ofan existing road:

Provided further that the constructionin CRZ-II area of Goa, Kerala and Mumbaishall be governed by the provisions ofClause V of paragraph 8.”.

[F. No. J-17011/18/96-IA-III]



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Note: The principal notification was published inthe Gazette of India, Extraordinary, Part II, Section 3,

Sub-section (ii), vide notification number S.O. 19(E),dated the 6th January, 2011 and subsequently byCorrigendum vide S.O. 651(E), dated the 29th March,

2011 and subsequently by—

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 26.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—353/350—3/2017.

1. S.O. 2557(E), dated the 22nd August, 2013;2. S.O. 1244(E), dated the 30th April, 2014;

3. S.O. 3085(E), dated the 28th November, 2014;4. S.O. 383(E), dated the 4th February, 2015;5. S.O. 556(E), dated the 17th February, 2015; and

6. S.O. 938(E), dated the 31st March, 2015.

reg. no. g-2/rnp/goa/32/2015-2017 rni no. goaeng/2002/6410

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