Act Number: 38

Act Name: The Compensatory Afforestation Fund Act, 2016.

Year: 2016

Enactment Date: 2016-08-03

Long Title: An Act to provide for the establishment of funds under the public accounts of India and the public accounts of each State and crediting thereto the monies received from the user agencies towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net present value and all other amounts recovered from such agencies under the Forest (Conservation) Act, 1980, constitution of an authority at national level and at each of the State and Union territory Administration for administration of the funds and to utilise the monies so collected for undertaking artificial regeneration (plantations), assisted natural regeneration, protection of forests, forest related infrastructure development, Green India Programme, wildlife protection and other related activities and for matters connected therewith or incidental thereto.

Ministry: Ministry of Environment, Forest and Climate Change

Department:

Section 30: Power to make rules.
    (1) The Central Government in consultation with the State Governments may, after previous publication, make rules for carrying out the purposes of this Act.
     (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
         (a) the management of the National Fund by the National Authority under sub-section (2) of section 3;
         (b) the management of State Fund by the State Authorities under sub-section (2) of section 4;
         (c) the manner of using the money for purposes specified in clause (b) of section 6;
         (d) the manner of utilising the money for purposes specified in clause (c) of section 6;
         (e) the manner of payment of the salary and allowances payable to the officers and other employees of the State Authority under clause (f) of section 6;
         (f) the accounting procedure regulating the manner of crediting the monies to the National Fund and State Funds under section 7;
         (g) 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 under section 12;
         (h) the rules and procedures in respect of the transaction of business of the governing body and executive committee of the National Authority and monitoring group of the National Authority and the place of meeting, including the quorum under sub-section (3) of section 14;
         (i) the rules and procedures in respect of the transaction of business of the governing body, steering committee and executive committee of a State Authority and the place of meeting, including the quorum under sub-section (3) of section 17;
         (j) the preparation of the budget of the National Authority under sub-section (1) of section 20;
         (k) the financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the National Authority under sub-section (2) of section 20;
         (l) the investment of the funds of the National Authority under section 21;
         (m) the maintenance of the accounts and other relevant records and preparation of an annual statement of accounts by the National Authority under sub-section (1) of section 22;
         (n) the preparation of the annual report by the National Authority under sub-section (1) of section 23;
         (o) the preparation of the budget of the State Authority under sub-section (1) of section 25;
         (p) the financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the State Authorities under sub-section (2) of section 25;
         (q) the investment of funds by the State Authorities under section 26;
         (r) the maintenance of the accounts and other relevant records and preparation of annual statement of accounts by each State Authority under sub-section (1) of section 27;
         (s) the preparation of the annual report by the State Authorities under sub-section (1) of section 28; and
         (t) any other matter which is required to be, or may be prescribed.
     (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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