Chapter III
CONSTITUTION OF NATIONAL AUTHORITY AND STATE AUTHORITIES
8. Constitution of National Authority.
8. Constitution of National Authority.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted a National Authority to be called the “National Compensatory Afforestation Fund Management and Planning Authority”.
(2) The National Authority shall manage and utilise the National Fund for the purposes of this Act.
(3) The National Authority shall consist of a governing body and shall be assisted by an executive committee, monitoring group and administrative support mechanism.
(4) The governing body of the National Authority shall consist of the following, namely—
(i) Minister for Environment, Forest and Climate Change, Government of India — Chairperson, ex officio;
(ii) Secretaries of Ministries dealing with Environment, Forest, Climate Change, Finance (Expenditure), Rural Development, Land Resources, Agriculture, Panchayati Raj, Tribal Development, Science, Technology, Space and Earth Sciences and Chief Executive Officer, National Institution for Transforming India Ayog, Government of India — Members, ex officio;
(iii) Director General of Forests and Special Secretary, Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(iv) Additional Director General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(v) Additional Director General of Forests (Wildlife), Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(vi) Mission Director, National Mission for a Green India, Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(vii) Financial Adviser, Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(viii) five Principal Chief Conservator of Forests, not more than one from each of the ten regions, to be nominated by the Ministry of Environment, Forest and Climate Change, Government of India on rotation basis for a period of two years, at a time — Members, ex officio;
(ix) Inspector General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(x) five experts, one each from environmentalists, conservationists, scientists, economists, and social scientists appointed by the Central Government for a period of two years subject to not more than two consecutive terms — Members.
(5) The Central Government may appoint an officer of the rank of an Additional Director General of Forests as the Chief Executive Officer of the National Authority who shall be the Member-Secretary of the governing body and the executive committee of the National Authority.
| Other Contents of Compensatory Afforestation Fund Act, 2016 |
|---|
| Sections 1 to 7 Sections 8 to 13 Sections 14 to 33 |
9. Executive Committee and monitoring group of National Authority.
9. Executive Committee and monitoring group of National Authority.—(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.
(2) The executive committee of the National Authority shall consist of the following, namely—
(i) Director General of Forests and Special Secretary, Ministry of Environment, Forest and Climate Change, Government of India — Chairperson, ex officio;
(ii) Additional Director General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(iii) Additional Director General of Forests (Wildlife), Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(iv) Mission Director, National Mission for a Green India, Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(v) Financial Adviser, Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(vi) Head of all regional offices of the Ministry of Environment, Forest and Climate Change, Government of India — Members, ex officio;
(vii) Inspector General of Forests (Forest Conservation), Ministry of Environment, Forest and Climate Change, Government of India — Member, ex officio;
(viii) a professional ecologist, not being from the Central Government, to be appointed by the Central Government — Member;
(ix) three experts, one each in the fields of forestry, tribal development, forest economy development, not being from the Central Government, to be appointed by the Central Government — Members;
(x) Chief Executive Officer of the National Authority — Member-Secretary.
(3) The monitoring group shall consist of six experts in the field of environment, economics, wildlife, forest, remote sensing and geographical information system and social sector and the Director General, Forest Survey of India, Ministry of Environment, Forest and Climate Change, Government of India.
(4) The following officers shall be appointed by the National Authority for a period not exceeding five years, to assist the executive committee in performance of its functions and powers under the Act, namely—
(i) Joint Chief Executive Officer of the rank of Inspector General of Forests;
(ii) Financial Advisor and Chief Accounts Officer of the rank of Director in the Government of India; and
(iii) Deputy Chief Executive Officers of the rank of Deputy Inspector General of Forests.
(5) The governing body of the National Authority may with the prior concurrence of the Central Government create posts in the National Authority at the level of Assistant Inspector General of Forests and other officials to assist the executive committee and monitoring group in performance of its functions under the Act.
10. Constitution of State Authority.
10. Constitution of State Authority.—(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted a State Authority to be called the “State Compensatory Afforestation Fund Management and Planning Authority” in each State.
(2) The Central Government may, if so desires, appoint different dates for constitution of State Authority in each of the States.
(3) The State Authority constituted in a State shall be responsible for the management of the State Fund of such State and its utilisation for the purposes of the Act.
(4) The State Authority shall consist of a governing body and shall be assisted by a steering committee and an executive committee.
(5) The governing body of a State Authority shall consist of the following, namely—
(i) Chief Minister of the State and in case of a Union territory having no legislature, the Lieutenant Governor or the Administrator, as the case may be — Chairperson, ex officio;
(ii) Minister of Forests — Member, ex officio;
(iii) Chief Secretary — Member, ex officio;
(iv) Principal Secretaries of the Departments 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, ex officio;
(6) Principal Secretary in-charge of the Forest Department in a State shall be Member Secretary of the State Authority in such State.
(7) The State Government shall appoint an officer of the rank not below the rank of a Chief Conservator of Forests as the Chief Executive Officer of the State Authority who shall be the Member-Secretary of the steering committee and the executive committee of the State Authority.
11. Steering committee and executive committee of State Authority.
11. Steering committee and executive committee of State Authority.—(1) The governing body of the State Authority shall, in performance of its functions and powers under the Act, be assisted by the steering committee and the executive committee.
(2) The steering committee of a State Authority shall consist of the following, namely—
(i) Chief Secretary — Chairperson, ex officio;
(ii) Principal Secretaries of the Departments dealing with Forests, Environment, Finance, Planning, Rural Development, Revenue, Agriculture, Tribal Development, Panchayati Raj, Science and Technology — Members, ex officio;
(iii) Principal Chief Conservator of Forests (Head of Forest Force) — Member, ex officio;
(iv) Chief Wildlife Warden — Member, ex officio;
(v) Nodal Officer, the Forest (Conservation) Act, 1980 (69 of 1980) — Member, ex officio;
(vi) Head of the concerned regional office of the Ministry of Environment, Forest and Climate Change — Member, ex officio;
(vii) Nodal Officer, State Forest Development Agency — Member, ex officio;
(viii) an expert on tribal matters or a representative of tribal communities to be appointed by the State Government — Member;
(ix) Chief Executive Officer, State Authority — Member-Secretary.
(3) The executive committee of a State Authority shall consist of the following, namely—
(i) Principal Chief Conservator of Forests (Head of Forest Force) — Chairperson, ex officio;
(ii) Chief Wildlife Warden — Member, ex officio;
(iii) an officer not below the rank of a Chief Conservator of Forests dealing with forest and wildlife related schemes — Member, ex officio;
(iv) an officer not below the rank of a Chief Conservator of Forests dealing with forestry research — Member, ex officio;
(v) Nodal Officer, State Forest Development Agency — Member, ex officio;
(vi) a representative each of the Departments dealing with Environment, Finance, Planning, Rural Development, Revenue, Agriculture, Tribal Development, Panchayati Raj, Science and Technology — Members, ex officio;
(vii) Financial Controller or Financial Adviser, to be nominated by the Finance Department — Member, ex officio;
(viii) two eminent non-government organisations to be appointed by the State Government — Members;
(ix) two representatives of district level Panchayati Raj Institutions to be appointed by the State Government — Members;
(x) an expert on tribal matters or a representative of tribal community to be appointed by the State Government — Member;
(xi) Chief Executive Officer, State Authority — Member-Secretary.
(4) The State Authority may appoint the following officers for a period not exceeding five years, to assist the steering committee and executive committee in performance of its functions under the Act, namely—
(i) Joint Chief Executive Officer of the rank not below the rank of a Conservator of Forests;
(ii) Financial Advisor and Chief Accounts Officer of the rank not below the rank of a Deputy Secretary in the State Government;
(iii) Deputy Chief Executive Officer of the rank not below the rank of a Deputy Conservator of Forests.
(5) The governing body of the State Authority may with the prior concurrence of the State Government create posts in the State Authority at the level of Assistant Conservator of Forests and other officials to assist the steering committee and executive committee in performance of its functions under the Act.
12. Term of office and conditions of service of members.
12. Term of office and conditions of service of members.—Save as otherwise provided in this Act, the terms of office and other conditions of the service of the members of the National Authority, executive committee, monitoring group, Chief Executive Officer and officials appointed by the National Authority, members of State Authority, steering committee and executive committee of each State Authority shall be such as may be prescribed.
13. Disqualifications.
13. Disqualifications.—A person shall be disqualified for being appointed as a member of the National Authority, executive committee of the National Authority, a State Authority, steering committee and executive committee of a State Authority, monitoring group, if he—
(i) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or
(ii) is an undischarged insolvent; or
(iii) is of unsound mind and stands so declared by the competent court; or
(iv) has been removed or dismissed from the service of the Government or organisation or undertaking owned by the Government; or
(v) has, in the opinion of the Central Government, such financial or other interest in the National Authority or the concerned State Authority as is likely to affect the duties discharged by him of his function as a member.
[disclaimer]
