Welcome to Official Website of Uttar Pradesh CAMPA
History
BRIEF DESCRIPTION ABOUT CAMPA
Background
Forests are an important natural resource and a render variety of ecological services, they must not be destroyed. However, because of development are industrial requirements, forests are routinely cut, or, as it is said in official language, “diverted for non-forest purposes”.
According to the provisions of the Forest Conservation Act, 1980, prior permission from the Government of India is mandatory for non-forestry use of forest land. In land transfer cases monies against compensatory plantation, penal compensatory plantation, additional compensatory plantation, net present value, catchment area treatment plan and integrated wildlife management plan are collected from User Agencies.
The Supreme Court in its order in T.N. Godavarman Thirumulpad vs. Unionof India and Others [Writ Petition (Civil) No. 202 of 1995], dated the 30th October,2002, observed that a Compensatory Afforestation Fund be created in which all themonies received from the user agencies towards compensatory afforestation, additionalcompensatory afforestation, penal compensatory afforestation, net present value ofthe diverted forest land or catchment area treatment plan shall be deposited;
It had also been observed that the money received from the useragencies in cases where forest land diverted falls within protected areas, that is,the areas notified under the Wild Life (Protection) Act,1972 for undertakingactivities related to protection of biodiversity or wildlife shall also be deposited in the Fund.
The Supreme Court has directed that, besides artificial regeneration(Plantations), the Fund shall also be utilised for undertaking assisted naturalregeneration, protection of forests, infrastructure development, wildlife protectionand other related activities and an independent system of concurrent monitoringand evaluation should be evolved and implemented through the CompensatoryAfforestation Fund to ensure effective and proper utilization of funds.
The Supreme Court in its judgment dated 26th September, 2005 inthe said Writ Petition observed that the Fund generated for protecting ecologyand providing regeneration should not be treated as a Fund under article 266 and article 283 of the Constitution. In its direction dated the 5th May, 2006, the Supreme Court haddirected that since the Government has not constituted a CompensatoryAfforestation Fund Management and Planning Authority (hereinafter referred toas Authority), an ad hoc Authority should be constituted till the CompensatoryAfforestation Fund Management and Planning Authority becomes operationaland directed to centrally pool the money recovered on behalf of the said Authoritylying in the States and Union territories into the ad hoc CompensatoryAfforestation Fund Management and Planning Authority;
Central Government formulated guidelines dated the 2nd July, 2009on the subject of State Authority for utilisation of funds lying with the ad hocAuthority. In its direction dated the 10th July, 2009, the Supreme Court haddirected that the guidelines and structure of the State Authority prepared by theCentral Government may be notified and implemented.
In its directions dated the 10th July, 2009, the Supreme Courtfurther directed that till an alternative system is put in place, after obtainingpermission from the Supreme Court, the money towards compensatoryafforestation, net present value and protected areas (national parks, wildlifesanctuaries) shall continue to be deposited in the ad hoc Authority.
In compliance of the directions of the Supreme Court including itsorder dated the 5th May, 2006, over rupees thirty eight thousand crores ascollected by the State Governments and Union territory Administrations havebeen placed under the ad hoc Authority, and deposited in the nationalized banks.
Absence of permanent institutional mechanism for utilization offunds collected by the State Governments and Union territory Administrations isthe main reason for accumulation of huge unspent funds in the ad hoc Authority.
Based on the above orders, directions and observations of theSupreme Court to ensure safety, security and expeditious utilization in atransparent manner of funds accumulated with the ad hoc Authority and thefunds to be collected by the State Governments and Union territoryAdministrations, it is proposed to create a National Compensatory AfforestationFund and a National Compensatory Afforestation Fund Management and PlanningAuthority at the national level, and a State Compensatory Afforestation Fundand a State Compensatory Afforestation Fund Management and PlanningAuthority in each State and Union territory, by an Act of Parliament.
Compensatory Afforestation Fund Act – 2016
The Ministry of Law and Justice, Government of India notified the CAF Act – 2016 (No. 38 of 2016) on 03 August, 2016 in order to reframe and augment the process of implementation of the stipulated conditions of the forest land transfer proposals. The act primarily proposes to create a non-lapsable and interest bearing Compensatory Afforestation Fund at National and State Level for management and utilization of monies collected under Forest (Conservation) Act, 1980. Based on the past orders, directions and observations of the honourable Supreme Court to ensure safety, security and expeditious utilization in a transparent manner of funds accumulated with the ad hoc Authority and the funds to be collected by the State Governments and Union territory Administrations, the Government of India notified the creation of National Compensatory Afforestation Fund Management and Planning Authority at the national level and a State Compensatory Afforestation Fund Management and Planning Authority in each State and Union territory by this Act of Parliament. This Act is now effective from the date of 30th September, 2018 all over the country.| Section | Description |
|---|---|
| 3(1) | Establishment of a special fund to be called the “National Compensatory Afforestation Fund” under the public account of India. |
| 3(2) | The National Fund shall be under the control of the Central Government and managed by the National Authority in such manner as may be prescribed. |
| 3(3) | On the date of establishment of the National Fund, all monies collected by the State Governments and Union territory Administrations which has been placed under the ad hoc Authority and deposited in the nationalized banks shall be transferred to the National Fund. |
| 3(4) | There shall also be credited into the National Fund, by each State on yearly basis, ten per cent. of the funds realized from the user agencies in respect of the forest land diverted in their favour, which have been credited directly into the State Fund. |
| 4(1) | Establishment of “State Compensatory Afforestation Fund-……… (name of State)” under public accounts of such State. |
| 4(2) | The State Fund in each State shall be under the control of the State Government of such State and managed by the State Authority of such State, in such manner as may be prescribed. |
| 4(3) | There shall be credited into the State Fund of a State— (i) The unspent balance of all monies which has been transferred by ad hoc Authority to the State CAMPA. (ii) Ninety per cent. of the all monies collected by a State, which has been placed under the ad hoc Authority and the interest accrued thereon. (iii) All monies realized from User Agencies in respect of land transfer cases. |
| 4(5) | Monies received in the State Fund shall be an interest bearing fund under public accounts. |
| 4(6) | The balance in State Fund shall be non-lapsable. |
| 5(a) | Ninety percent of all the monies collected by State and placed under the Ad-hoc authority and the interest accrued there on shall be transferred to the State Fund. |
| 6 | Disbursement and utilization of State Fund. |
| 7 | Accounting procedure to regulate the manner of crediting the monies to National Fund and State Fund. |
| 8(1) | Constitution of National Authority. |
| 8(2) | The National Authority shall manage and utilize the National Fund for the purposes of this Act. |
| 9(1) | The governing body of the National Authority shall, in performance of its functions and powers under the Act, be assisted by the executive committee and the monitoring group. |
| 10(1) | Constitution of State Authority. |
| 10(2) | The Central Government may, if so desires, appoint different dates for constitution of State Authority in each of the States. |
| 10(3) | The State Authority constituted in a State shall be responsible for the management of the State Fund of such State and its utilization for the purposes of the Act. |
| 10(4) | The State Authority shall consist of a Governing Body and shall be assisted by Steering Committee and an Executive Committee. |
| 11(4) | The State Authority may appoint officers for a period not exceeding five years, to assist the Steering Committee and Executive Committee. |
| 14 | Powers and functions of National Authority. |
| 15 | Powers and functions of Executive Committee of National Authority. |
| 15(1(i)) | Executive Committee of National Authority shall approve, within 3 months date of receipt, APO of state Authorities, with such amendment as it deems fit and proper. |
| 17 | Powers and functions of State Authority. |
| 18(1)(i) | Steering Committee of State Authority shall scrutinize and approve with such amendment as it deems fit and proper, the Annual Plan of Operation prepared by the Executive Committee of such state Authority and send the same to the Executive Committee of National Authority for final approval. |
| 19(1)(i) | The Executive Committee of State Authority shall formulate and submit Annual Plan of Operations to the Steering Committee of the State Authority for its concurrence. |
| 20(1) | The National Authority shall prepare its budget for the next financial year. |
| 24 | The Annual Report and audit report of National Authority to be laid before each House of Parliament. |
| 25(1) | Each State Authority shall prepare its budget for the next financial year. |
| 29 | The annual report and audit report of State Authority to be laid before State Legislature. |
| 30(1) 30(2) |
The Central Govt. in consultation with the State Governments may, after previous publication, make rules for carrying out the purposes of this act. |
| 32(1) | The amount credited to the National Fund shall be deemed to be credited to the public account of India within the meaning of articles 266 and 283 of the constitution and it shall be regulated by law made by Parliament in this behalf. |
| 32(3) | The amount credited to the State Fund shall be deemed to be credited to the public account of the State within the meaning of articles 266 and 283 of the constitution and it shall be regulated by law made by State Legislature in this behalf. |
| 33 | The Central Government may, if it finds necessary or expedient in the public interest, issue policy directives to the National Authority or any State Authority. |
The Ministry of Environment, Forests & Climate Change (Forest Conservation Division), Government of India, New Delhi notified “The Compensatory Afforestation Fund Rules, 2018” on dated 10th Aug, 2018 for implementation of CAF Act, 2016.
| Rule | Description |
|---|---|
| 3 | Management of National Fund— 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. |
| 4 | Management of State Fund— 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. |
| 5 1 2 |
Manner of utilization of net present value.— 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). Not less than eighty per cent. of the monies referred to in sub-rule (1) shall be used for 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 work 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 maintenance of animal rescue centre and veterinary treatment facilities for wild animals; l) Supply of wood-saving cooking appliances and other forest produce saving devices in forest fringe villages as specified by the National Authority from time to time; m) Management of biological diversity and biological resource. |
| (3) | Not more than twenty per cent. of the monies referred to in sub-rule (1) shall be utilized for strengthening of the forest and wildlife related infrastructure, capacity building of the personnel involved in utilization of State Fund namely:- a) establishment, up-gradation and maintenance of modern nurseries and other planting stock production facilities for production of quality planting materials; b) Promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land and folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity. c) purchase and maintenance of equipment or devices used for communication and information technology for the purpose of protection of forest and wildlife; d) construction, up-gradation and maintenance of inspection paths, forest roads in forest area, fire lines, watch towers, check posts and timber depots; e) construction of residential and official buildings in forests for front line staffs deployed for protection of forest and wildlife; f) casual engagement of local people or labours to assist regular staff of State Forest Department for works for protection of forest and wildlife undertaken from State Fund; g) survey and mapping of forest areas for forest fire control, compensatory afforestation works, soil and moisture conservation, catchment area treatment and wildlife management for preparing annual plans to be executed from the State Fund; h) independent concurrent monitoring and evaluation and third party monitoring of various works undertaken from State Fund; i) publicity-cum-awareness programme and exhibition on the various schemes being implemented by the State Authority from State Fund; j) production and distribution of quality planting material through certified nurseries at subsidised price for promotion of trees outside forests on Government lands promoted by State Government; k) forest certification and development of certification standards: |
| 5(4) | The monies referred to in sub-rule (1) shall not be used for following activities, namely:- |
| (a) | payment of salary, travelling allowances, medical expenses, etc. to regular, contractual and casual employees of the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund; |
| (b) | undertaking foreign visits; |
| (c) | payment for legal services for defending cases filed in Tribunals or Courts not related to the management of State Authority; |
| (d) | purchase of vehicles or staff cars for officers and heavy vehicles and machines for the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund; |
| (e) | construction of residential and official buildings for officers above the Forest Range Officer of the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund; |
| (f) | leasing, hiring and purchase of land for afforestation purposes; |
| (g) | purchase of furniture, office equipment, fixtures including air conditioners, and generator sets for residences and offices of the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund; |
| (h) | mandatory afforestation as per the working plan in the forest in blanks created by commercial felling of trees for revenue generation undertaken under working plan prescription; |
| (i) | undertaking forest and wildlife conservation and other activities undertaken under other schemes of the Government for the purpose of part financing the scheme for completing left over works or complementary works of such schemes; |
| (j) | establishment, expansion and up-gradation of zoo and wildlife safari; |
| (k) | providing financial support, either by way of grant or equity to existing or for setting up new forest corporations, boards, etc. |
| 6 | Utilization of interest accrued on deposits in State Fund—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 following activities:- i. In view of offsetting the incremental cost of afforestation and wildlife management. ii. Disbursement of salary and allowances of members and staffs, both regular and contractual, of the State Authority; iii. Disbursement of sitting fees and allowances to nominated members of the State Authority. |
| (b) | not more than forty per cent. of the interest transferred to the State Fund and further accrued on the amount available in the State Fund shall be spent for the non-recurring and recurring expenditure of the State Authority. |
| 7 | Appointment of Chief Executive Officer of National Authority. |
| 9 | Appointment of Chief Executive Officer of State Authority. |
| 10 | Appointment of Officers of State Authority.—The officers referred to in sub-section (4) and subsection (5) of section 11 of the act shall be appointed on deputation basis by the State Government. |
| 16 | Selection of non-official Members of State Authority.— (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. |
| 17 | Selection Committee- |
| (2) | The Selection Committee to prepare the panel of eligible candidates for appointment of non-official members of the State Authority shall be constituted under the chairmanship of Chief Secretary of the State |
| 32 | Preparation of budget of National Authority for the next financial year and forwarding the same to Central Govt. by 31st December. |
| 36 | Preparation of budget of State Authority for the next financial year and forwarding the same to State Govt. and Central Govt. by 31st December. |
| 39 | The annual plan of operation of the State Authority shall be prepared in Form-XII and shall be submitted by the State Authority before the 31st December of every year to the National Authority for the next financial year. |
| 1. | Govt. of India notification dated 13.08.2018 in respect of appointing date on which the provision of CAF Act shall come into force |
| 2. | Notification dated 14.09.2018 regarding constitution of National Authority and State CAMPA |
| 3. | Govt. of India notification dated 20.11.2018 regarding Compensatory Afforestation Fund (Accounting Procedure) Rules, 2018 |
| 4. | Govt. of India letter dated 27.11.2018 regarding opening of head of accounts under section 7 of the CAF Act 2016 |
| 5. | Notification dated 08.01.2019 regarding constitution of Governing Body of National Authority |
| 6. | Notification dated 08.01.2019 regarding constitution of Executive Committee of National Authority |
| 7. | Govt. of India letter dated 28.01.2019 regarding (modified/revised schedule-I) opening of head of accounts under section 7 of CAF Act 2016 |
The guideline of State CAMPA has been issued by Ministry of MoEF, Govt. of India on dated 02 July, 2009. These guidelines were intended to assist the states for formulation of the requisite authority (State CAMPA) in consonance with the direction of Hon’ble Supreme Court. On 02 June, 2010 Uttar Pradesh CAMPA was notified under Society Registration Act, 1860. Later on Uttar Pradesh CAMPA was reconstituted as an Authority on dated 22 Sep, 2015 in follow-up of the direction issued by Ad-hoc CAMPA. This was the Ad-hoc arrangement made in follow-up the guidelines issued by GoI in 2009 in consonance with the direction of Hon’ble Supreme Court. The Ministry of Law and Justice, Government of India notified the CAF Act – 2016 (No. 38 of 2016) on 03 August, 2016& in exercise of the powers conferred by the sub section-1 of section-10 of the said Act, the central government appointed the 30th Day of Sept, 2018 as date of constitution of State Authority for state of Uttar Pradesh to be called as“The Uttar Pradesh State Compensatory Afforestation Fund Management and Planning Authority”. Uttar Pradesh has been a leading state with respect to the implementation of the provisions of the CAF Act, 2016, CAF Rules, 2018 & CAF (Accounting Procedure) Rules, 2018. The following orders have been issued by Uttar Pradesh Government for implementation of the provisions of the CAF Act, 2016 & CAF Rules, 2018 :-
| S. No. | Notifications/Orders |
|---|---|
| 1. | Notification dated 17.10.2018 regarding opening of heads by State Government |
| 2. | Notification dated 28.12.2018 regarding constitution of Governing Body, Steering Committee and Executive Committee of State Authority |
| 3. | Notification dated 17.01.2019 regarding constitution of selection committee for selection of Non-official members of Executive Committee and Steering Committee of State Authority |
| 4. | Notification dated 15-02-2019 regarding opening of revised accounting heads by State Government. |
| 5. | Notification dated 22-02-2019 regarding establishment of state fund by State Government. |
| 6. | Office memo dated 06.03.2019 regarding selection of Non-official members of Executive Committee and Steering Committee of State Authority by State Government |