Compensatory Afforestation Fund Rules, 2018
These rules may be called the Compensatory Afforestation Fund Rules, 2018.
(1) In these rules, unless the context otherwise requires,--
(a) "Act" means the Compensatory Afforestation Fund Act, 2016 (38 of 2016);
(b) "annual plan of operation" means the annual plan for physical activities and financial provisions approved by the National Authority or State Authority as the case may be, which describes milestones, conditions for success and explains how, a strategic annual plan will be put into operation during the financial year in given budgetary term, and containing inter alia, brief description, estimated cost, basis for cost estimation, agency identified for execution and time schedule of each activity to be executed from State Fund during a year;
(c) "Form" means a form appended to these rules;
(d) "section" means a section of the Act;
(e) "third party monitoring" means monitoring and evaluation of works executed from National Fund and State Fund by the parties which are external to a project's direct beneficiary chai
The National fund shall be managed according to the provisions of the Government Accounting Rule, 1990 and the General Financial Rules, 2017 as applicable from time to time.
The State Fund shall be managed according to the provisions of the State Financial Rules or any such rules applicable from time to time in a State.
(1) The monies received towards net present value deposited in the State Fund shall be used in the manner provided in sub-rule (2) and sub-rule (3).
(2) Not less than eighty per cent. of the monies referred to in sub-rule (1) shall be used for following activities for the forest and wildlife management in a State, namely--
(a) assisted natural regeneration;
(b) artificial regeneration;
(c) silvicultural operations in forests;
(d) protection of plantations and forests;
(e) pest and disease control in forest;
(f) forest fire prevention and control operations;
(g) soil and moisture conservation works in the forest;
(h) voluntary relocation of villages from protected areas;
(i) improvement of wildlife habitat as provided in the approved wildlife management plan or working plan;
(j) planting and rejuvenation of forest cover on non-forest land falling in wildlife corridors;
(k) establishment, operation and
The interest accrued on monies in the State Fund shall be used in the following manner:--
(a) not less than sixty per cent. of the interest transferred to the State Fund and further accrued on the amount available in the State Fund referred to in sub-rule (1) shall be spent on activities for the purpose of conservation and development of forest and wildlife namely--
(i) to offset the incremental cost of compensatory afforestation and penal compensatory afforestation at the increased wage rates;
(ii) to offset the incremental cost of catchment area treatment plan at the increased wage rates;
(iii) to offset the incremental cost of wildlife management plan at the increased wage rates;
(iv) for disbursement of salary and allowances of members and staffs, both regular and contractual, of the State Authority;
(v) for disbursement of sitting fees and allowances to nominated members of the State Authority;
(vi) activities referred to in sub-
The Chief Executive Officer of the National Authority referred to in sub-section (5) of Section 8 shall be appointed on deputation basis for a period not exceeding five years under Central Staffing Scheme of the Ministry of Environment, Forest and Climate Change.
The officers referred to in sub-section (4) and sub-section (5) of Section 9 shall be appointed on deputation basis from the Central Government, State Government or Union territory under Non-Central Staffing Scheme of the Ministry of Environment, Forest and Climate Change.
The Chief Executive Officer of the State Authority referred to in sub-section (7) of Section 10 shall be appointed on deputation basis for a period not exceeding five years by the State Government.
The officers referred to in sub-section (4) and sub-section (5) of Section 11 shall be appointed on deputation basis by the State Government.
The officers referred to in Rules 7, 8, 9 and 10 shall be entitled to such pay and allowances as are admissible to the equivalent officers of the Central Government of Group 'A'.
The officials referred to in sub-section (5) of Section 9 and sub-section (5) of Section 11 and appointed on deputation basis shall be entitled to such pay and allowances as are admissible to the equivalent officials of the Central Government of Group "B" or Group 'C', as the case may be.
The officials referred to in sub section (5) of Section 9 and sub-section (5) of Section 11 and appointed on contract basis shall be entitled to such pay and allowances as are specified in their contract.
(1) The non-official members of the National Authority and State Authority shall be paid such sitting fees and allowances, for attending the meetings and for any other work assigned to them, as may be specified in the order of their appointment.
(2) The sitting fee and allowances to be paid to the non-officials member of the National Authority referred to in the sub-rule (1) shall be paid from the National Fund as provided in sub-clause (i) of clause (b) of Section 5.
(3) The sitting fee and allowances to be paid to the non-officials member of the State Authority referred in the sub rule (1) shall be paid from the interest referred to in clause (a) of Rule 6.
(1) The Central Government shall seek nomination from various Ministries or Departments of the Central Government, State Government and Union territory Administration for non-official members of National Authority.
(2) The Ministry or Department referred to in sub-rule (1) shall forward the names of the non-official members with full credentials for consideration to the Central Government.
(3) The non-official members referred to in sub-rule (1) shall be resident of India holding a Bachelor's Degree from a recognised University or equivalent in related field having work experience of ten years in the related field in the Central Government, State Government, Non-Government Organisation, Recognised Research Institute or University.
(4) The non-official members referred to in sub-rule (1) shall not be employees of the Government: Provided that educational qualification and experience for the Scheduled Caste and the Schedule Tribe nominee may be relaxed by the Cent
(1) The Department of the State Government dealing with forests shall seek nomination from various Departments of the State Government, or Union territory Administration for non-official members of State Authority.
(2) Departments of the State Government, District Administration of the State or Union territory shall forward the names for the non-official members of the State Authority with full credentials to the Department of the State Government dealing with forests for consideration.
(3) The non-official members referred to in sub-rule (1) shall be resident of India holding a Bachelor's Degree from a recognised University or equivalent in related field having work experience of ten years in the related field in the Central Government, State Government, Non-Government Organisation, Recognised Research Institute or University.
(4) The non-official members referred to in sub-rule (1) should not be employees of the Government: Provided that educational qualificat
(1) The Selection Committee to prepare the panel of eligible candidates for appointment of non-official members of the National Authority shall comprise of the following, namely--
(i) | Secretary, Ministry of Environment, Forest and Climate Change, Government of India | -Chairman; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(ii) | One Secretary from any other Ministry of the Central Government to be nominated by the Ministry of Environment, Forest and Climate Change, Government of India | - Member; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(iii) | One Chief Secretary from the State Government to be nominated by the Ministry of Environment, Forest and Climate Change, Government of India | -Member; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(iv) | Director General of Forests and Special Se S.18 Disqualifications of non-official members of National Authority and State Authority.--(1) A person shall be disqualified for being appointed as a non-official member of the National Authority and State Authority, if he-- S.19 Meeting of the Governing Body, Executive Committee and monitoring group of the National Authority.--(1) The governing body of the National Authority shall meet on such date and place as may be decided by its Chairperson in consultation with the Member-Secretary of the governing body to consider the issues listed in the agenda prepared by the Member-Secretary. S.20 Notice of Meeting.--For any meeting of the governing body, executive committee or monitoring group five days clear notice shall be given to the members, excluding the day of the posting of notice and day of the meeting: S.21 Quorum of Meeting.--One half of the members including the Chairperson shall constitute the quorum at any meeting of the governing body, executive committee or monitoring group, as the case may be, and any fraction shall be rounded off to the next higher number. S.22 Adjournment of Meeting.--Where a quorum is not present within thirty minutes of the time notified for the commencement of the meeting, the same shall stand adjourned to the same day, time and place the following week, and the members present at the adjourned meeting shall form the quorum. S.23 Decision in Meeting.--The decisions in the meeting shall be by a simple majority of the members present and voting. S.24 Meeting to be Chaired by Chairpersons, etc.--Every meeting of the National Authority shall be chaired by the Chairperson and in his absence, by any member of the concerned body as decided by the said body. S.25 Meetings of Governing Body, Steering Committee and Executive Committee of State Authority.--(1) The governing body of the State Authority shall meet on such date and place as may be decided by its Chairperson in consultation with the Member-Secretary of the governing body to consider the issues listed in the agenda prepared by the Member-Secretary. S.26 Notice of Meeting.--For any meeting of the governing body, steering committee or executive committee five days clear notice shall be given to the members, excluding the day of the posting of notice and the and day of the meeting: S.27 Quorum of Meeting.--One half of the members including the Chairperson shall constitute the quorum at any meeting of the governing body, steering committee or executive committee, as the case may be, and any fraction shall be rounded off to the next higher number. S.28 Adjournment of Meeting.--Where a quorum is not present within thirty minutes of the time notified for the commencement of the meeting, the same shall stand adjourned to the same day, time and place the following week, and the members present at the adjourned meeting shall form the quorum. S.29 Decision in Meeting.--The decisions in the meeting shall be by a simple majority of the members present and voting. S.30 Meeting to be Chaired by Chairpersons, etc.--Every meeting of the State Authority shall be chaired by the Chairperson and in his absence, any member of the concerned body as decided by the said body. S.31 Financial regulation and procedures of National Authority.--The financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the National Authority shall be in accordance with the General Financial Rules 2017 and the orders issued by the Central Government from time to time in this regards. S.32 Preparation of Budget of National Authority.--The National Authority shall prepare its budget for the next financial year showing the estimated receipts and expenditure of National authority in Form-I based on the annual plan of operation including various schemes of the National Authority prepared and approved by the governing body for the next financial year, showing the estimated receipts and expenditure of the National Authority and forward the same to the Central Government in each financial year by the 31st December. S.33 Maintenance of accounts and preparation of annual statement of accounts by National Authority.--The monthly statement of accounts for the receipt and payment and expenditure shall be prepared in Form-II and annual statement of accounts of the National Authority shall be prepared in Form-III, and the National authority shall maintain the records and accounts in Form-IV. S.34 Annual Reports.--The annual report shall be prepared by the National Authority giving brief description of all activities undertaken from National Fund with separate headings and compiled in separate chapters and the reports shall include summary of works undertaken and schemes prepared and approved in annual plan of operation, and the annual report shall be in Form-V. S.35 Financial regulation and procedures of State Authority.--The financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the State Authority shall be in accordance with the General Financial Rules 2017 and the orders issued by the Central Government and State Government from time to time in this regards. S.36 Preparation of budget of State Authority.--The State Authority shall prepare its budget for the next financial year showing the estimated receipts and expenditure of State Authority in Form-VI based on the annual plan of operation prepared and approved by the governing body for the next financial year, showing the estimated receipts and expenditure of the State Authority and forward the same to the State Government and Central Government in each financial year by the 31st December. S.37 Maintenance of accounts and preparation of annual statement of accounts by State Authority.--The monthly statement of accounts shall be prepared in Form-VII; the monthly statement of the State Authority on physical and financial achievements shall be prepared in Form-VIII and annual statement of accounts of the State Authority shall be prepared in Form-IX, and the State Authority shall maintain its records and accounts in Form-X. S.38 Annual reports.--The annual report shall be prepared by the State Authority giving brief description of all activities undertaken from State Fund with separate headings and compiled in separate chapters and the reports shall include summary of works undertaken and schemes prepared and approved in annual plan of operation, and the annual report shall include the statement in Form-XI. S.39
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