Cement, Energy and Environment

J ,1:\No \VHEREAS it had also been observed that the money recei\·ed from the user agencies in cases where forest land diverted falls within prorected areas. that is. the areas notified under the Wild Life (Protection) Act. 1972 for tmdertaking 35 of 1 em activities related to protection of biodiversity or \Vildh.fe shall also be deposited in the Fund: A.No WHEREAs the Supreme Court has directed that. besides artificial regeneration (Plantations). the Fund shall also be utilised for undertaking assisted natural regeneration. protection of fore sts. infrastmcture development. v :i.ldli.fe protection and other related activities and an independent system of concurrent monitoring and evaluation should be evolved and implemented uu·ough the Compensatory Afforestation Fund to ensure effective and proper utilisation of funds: .-\No WHEREAS the Supreme Court 111 its judgment dated 26th September. 2005 in the said Writ Petitiion observed that the Fund generated for protecting ecology and providing regeneration should not be treated as a Fund under article 266 and article 233 of the Constitution: .1:\No w HEREAS in its direction dated the .'ith May. 2006. the Supreme Court had directed that since the Government has not constituted a Compensatory Afforestation Fund Management and Planning Authority (hereinafter referred to as Authority). an ad Jroc Anth01ity should be constituted till the Compensatory Afforestation Fund Management and Planning Autholity becomes operational and directed to centrally pool U1e money recovered on behalf of the said Authority lying in the States and Union territories into the ad hoc Compensa tory Afforestation Fund Management and Planning Authority : .1:\No WHEREAS Central Government formulated guidelines dated the 2nd July. 2009 on the subject of State Authority for utilisation of funds lying with the ad hoc Authority. ANo WHEREAs in its direction dated the lOth July. 2009. the Supreme Court had directed that the guidelines and structure of the State Authority prepared by the Central Government may be notif1ed and implemented: AND ·wHEREAs in its directions dated the lOth July. 2009. the Supreme Court further directed that till an alternative system is put in place. after obtaming permission from the Supreme Court. the money towards compensatory afforestation. net present value and protected areas (national parks. wildlife sanctuaries) shall continue to be deposited in the ad hoc Authority: ANo wHEREAS in compliance of the directions of the Supreme Court including its order dated the 5th May. 1006. over rupees thirty eight thousand crores as collected by the State Governments and Union territory Administrations have been placed under the ad lloc Authority . and deposited in the nationalised banks: A.No wHEREAs absence of permanent institutional mechanism for utilisation of funds collected by the State Governments and Union territory Administrations is the main reason for accumulation of huge unspem fnnds in the ad hoc Authority: Now. THEREFORE. based on the above orders. directions and observations of the Supreme Court to ensure safety. security and expeditious utilisation in a transparent manner of funds accumulated '"'ith the ad hoc Authority and the funds to be coll ected by the S tate Governments and Union territory Administrations. it is proposed to create a National Compensatory Afforestation Fnnd and a National Compensatory Afforestation Fund Management and Plamting Authority at the national level. and a State Compensatory Afforestation Ftmd and a State Compensatory Afforestation Fund Managemen t and Planning Authority in each State and Union territory. by an Act of Parliament. 33