Kerala Gazette No. 7 dated 12th February 2013.

PART I

GOVERNMENT OF KERALA

Abstract

FOREST & WILDLIFE DEPARTMENT—GUIDELINES ON STATE COMPENSATORY

AFFORESTATION FUND MANAGEMENT AND PLANNING AUTHORITY

(CAMPA) ISSUED BY THE CENTRAL GOVERNMENT—

REPUBLISHING IN THE STATE GAZETTE FOR PUBLIC

INFORMATION—SANCTION ACCORDED—

ORDERS ISSUED

FOREST & WILDLIFE (E) DEPARTMENT

G. O. (Rt.) No. 27/2013/F&WLD.

Dated, Thiruvananthapuram, 16th January, 2013.

Read:— 1.

G. O. (Rt.) No. 516/2009/F&WLD dated 9-11-2009.

Letter No. FC2-1217/2009 dated 2-5-2012 from Chief Conservator

of Forests (Special Afforestation) & Nodal Officer.

ORDER

The Chief Conservator of Forests (Special Afforestation) & Nodal Officer

vide letter read as 2nd paper above has forwarded the guidelines on State

CAMPA issued by the Ministry of Environment and Forests, Government of

India and has informed that in order to implement the approved APO the

guidelines issued by Government of India have to be notified in the Official

Gazette of the State for the information of the public.

2. Government have examined the matter and are pleased to accord sanction

to republish the guidelines issued by the Central Government on the State

Compensatory Afforestation Fund Management and Planning Authority (State

CAMPA) as annexure to this Government Order in the Official Gazette for the

information of the public.

By order of the Governor,

JAMES VARGHESE,

Principal Secretary.

The Principal Chief Conservator of Forests & Head of Forest Force,

Thiruvananthapuram

The Principal Accountant General (Audit), Kerala, Thiruvananthapuram

The Accountant General (A&E), Audit, Kerala, Thiruvananthapuram

The Chief Conservator of Forests (Special Afforestation) & Nodal Officer

The Law Department (Vide U.O No. 21770/Leg.G1/12/Law dated

11-10-2012)

Stock file/Office copy

Copy to :

PA to Principal Secretary

PA to Minister for Forest, Sports and Cinema

Information & Public Relations Department (for inclusion in website)

ANNEXURE

GOVERNMENT OF INDIA

Ministry of Environment and Forests

Dated, 2nd July 2009.

Guidelines on State Compensatory Afforestation Fund

Management and Planning Authority (State CAMPA)

Introduction

Guidelines for establishing CAMPAs in the States/UTs and putting in place

a funding mechanism for enhancing forest and tree cover and conservation and

management of wildlife by utilising funds received towards compensatory

Afforestation, Net Present Value (NPV), etc. currently available with the Adhoc

CAMPA.

The guidelines, prepared are, by and large, in line with the discussions held

in the meeting of the Chief Secretaries, have the objective to assist the States/

UT's for setting up the requisite mechanism and are in consonance with the

directions issued from time to time by the Hon’ble Supreme Court.

These guidelines have desired flexibility; therefore the States/UTs would be

able to notify the State level CAMPAs keeping in view specific conditions

prevailing there.

Overarching Objectives and Core Principles

An Authority to be known as the “State Compensatory Afforestation

Fund Management and Planning Authority” (State CAMPA) is intended as an

instrument to accelerate activities for preservation of natural forests management

of wildlife infrastructure development in the sector and other allied works.

The State CAMPA would presently receive monies collected from user

agencies towards compensatory afforestation, additional compensatory

afforestation, penal compensatory afforestation. Net Present Value (NPV) and all

other amounts recovered from such agencies under the Forest (Conservation)

Act, 1980 and presently lying with the Adhoc CAMPA.

The State CAMPA would administer the amount received from the

Adhoc CAMPA and utilize the monies collected for undertaking compensatory

afforestation, assisted natural regeneration, conservation and protection of

forests, infrastructure development, wildlife conservation and protection and

other related activities and for matters connected therewith or incidental thereto.

State CAMPA would serve as a common repository of funds accruing

on account of compensatory afforestation and NPV. It would deploy funds as

per guidelines governing the use of funds for conservation, protection and

management of forests. The amounts would also be deployed for wildlife

preservation and enhancement of wildlife habitats.

State CAMPA would provide an integrated framework for utilizing

multiple sources of funding and activities relating to protection and management

of forests and wildlife. Its prime task would be regenerating natural forests and

building up the institution engaged in this work in the State Forest Department

including training of the forest officials of various levels with an emphasis on

training of the staff at cutting edge level (forest range level). The amount

received by it will also be utilized for providing residential accommodation to the

field Staff and necessary machines and equipments to them. These include

appropriate arrangement for their conveyance during inspections and protection

duty. In short, the department would be modernized to protect and regenerate

the forests and Wildlife habitat.

The State CAMPA may decide to utilize a minor part of its funds for

contractual engagement of personnel wherever there is shortage of personnel.

This should be done cautiously to avoid recurring revenue expenditure on the

State Government. It may also take up State-specific activity relevant to the State,

in keeping with the core objectives.

The State CAMPA would also promote a voluntary movement of youth

and students for supporting conservation activities initiated/ongoing in the

State Forest Department.

Aims and Objectives

State CAMPA shall seek to promote:

(a)

conservation, protection, regeneration and management of existing

natural forests;

(b)

conservation, protection and management of wildlife and its habitat

within and outside protected areas including the consolidation of

the protected areas;

(c)

compensatory afforestation;

(d)

environmental services, which inc1ude:—

(i)

provision of goods such as wood, non-timber forest products,

fuel, fodder and water, and provision of services such as

grazing, tourism, wildlife protection and life support;

(ii) regulating services such as climate regulation, disease control,

flood moderation, detoxification, carbon sequestration and

health of soils, air and water regimes;

(iii) non-material benefits obtained from ecosystems, spiritual,

recreational, aesthetic, inspirational, educational and symbolic;

and

(iv) supporting such other services necessary for the production of

ecosystem services, biodiversity, nutrient cycling and primary

production.

(e)

Research training and capacity building.

The Functions of State CAMPA shall include, inter alia-

(i)

funding, overseeing and promoting compensatory afforestation

done in lieu of diversion of forest land for non- forestry use under

the Forest (Conservation) Act, 1980.

(ii)

overseeing forest and wildlife conservation and protection works

within forest areas undertaken and financed under the programme.

(iii)

maintaining a separate account in respect of the funds received for

conservation and protection of Protected Areas.

(iv)

creating transparency for the programme and mobilizing citizen

support; and

(v)

earmarking up to two percent of the funds for monitoring and

evaluation.

10.

Establishment of a State CAMPA

(1)

The State Government may establish the Compensatory Afforestation

Fund Management and Planning Authority (State CAMPA) in the State.

There shall be credited into the account of State CAMPA.

(i)

Amount transferred to it by the ad-hoc CAMPA.

(ii)

receipt of all monies from user agencies towards compensatory

afforestation, additional compensatory afforestation, penal

compensatory afforestation, Net Present Value (NPV), Catchment

Area Treatment Plan or any money for compliance of conditions

stipulated by the Central Government while according approval

under the provisions of the Forest (Conservation) Act, 1980;

(iii)

the unspent funds already realized by States from user agencies

and not transferred yet to the Adhoc Compensatory Afforestation

Fund Management and Planning Authority for crediting into the

Fund by respective States;

(iv)

the funds recoverable from user agencies in cases where forest

land diverted falls within the protected areas, that is, areas notified

under sections 18, 26A or 35 of the wildlife (Protection) Act, 1972

for undertaking activities relating to the protection of biodiversity

and wildlife, which would be maintained under a separate head;

and

(v)

Net Present Value of the forest land diverted for non-forestry

purposes, collected under the Forest (Conservation) Act, 1980 and

the rules and the guidelines made thereunder and in pursuance of

the judgment of the Supreme Court dated the 29th October 2002

from user agencies. And

(2)

The State Government may also credit to the State CAMPA —

(a)

grants or aid received if any;

(b)

any loan taken by the Authority or any borrowings made by it;

and

(c)

any other sums received by the Authority by wave of benefaction,

gift or donations.

(3)

The monies received in the State CAMPA shall be kept in interest-

bearing account(s) in nationalized bank (s).and periodically withdrawn for

the works as per the Annual Plan of Operations (APOs) approved by

the Steering Committtee.

11.

Utilization of the money:

The money available with the State CAMPA shall be utilized for meeting—

(i)

expenditure towards the development, maintenance and protection

of forests and wildlife management as per the approved APO;

(ii)

the non- recurring as well as recurring expenditure for the

management of the State CAMPA including the salary and

allowances payable to its officers and other employees, by utilizing

a part of the income from interest received by on funds invested

by State CAMPA, but excluding income from funds recoverable

from the user agencies in cases where forest land diverted falls

within the protected areas, that is areas, notified under sections

18, 26A or 35 of the Wildlife (Protection) Act, 1972 for undertaking

activities related to protection of biodiversity and wildlife;

(iii)

the expenditure incurred on monitoring and evaluation subject to

overall ceiling of 2% of the amount to be spent every year; and

(iv)

disbursement on such other projects related to forest conservation.

12.

Disbursement of funds:

(1)

The money received for compensatory Afforestation, additional

compensatory afforestation, penal compensatory afforestation,

Catchment Area Treatment Plan and for any other site specific

scheme may be used as per site-specific schemes submitted by the

State along with the approved proposals for diversion of forest

land under the Forest (Conservation) Act, 1980.

(2)

After receipt of the money, State CAMPA shall accomplish the

afforestation for which money is deposited in the Compensatory

Afforestation Fund within a period of one year or two growing

seasons after project completion, as may be appropriate.

(3)

The money received on account of Net Present Value (NPV) shall

be used for natural assisted regeneration, forest management,

protection, infrastructure development, Wildlife protection and

management, supply of wood and other forest produce saving

devices and other allied activities.

(4)

Monies realized from the user agencies in pursuance of the Hon’ble

Supreme Court’s orders or decision taken by the National Board for

wildlife involing cases of diversion of forest land in protected areas

shall form a distinct corpus and shall be used exclusively for

undertaking protection and conservation activities in protected

areas of the State.

(5)

State CAMPA shall release monies to the field officers in

predetermined installments as per the Annual Plan of Operation

(APO) finalized.

13.

State CAMPA shall consist of a Governing Body, a Steering Committee

and an Executive Committee.

14.

(1)

The Governing body of the state CAMPA shall consist of the

following:

(i)

Chief Minister

—

Chairperson

(ii)

Minister of Forests

—

Member

(iii)

Minister of Finance

—

Member

(iv)

Minister of Planning

—

Member

(v)

Chief Secretary

—

Member

(vi)

Principal Secretary (Finance)

—

Member

(vii)

Principal Secretary (Planning)

—

Member

(viii)

Principal Chief Conservator of

Forests

—

Member

(ix)

Chief Wildlife Warden

—

Member

(x)

Secretary (Forests)

—

Member Secretary

The Governing Body shall lay down the broad policy framework for the

functioning of State level CAMPA and review its working from time to time.

14.

(2)

The Steering Committee of State CAMPA shall consist of the

following:

(i)

Chief Secretary

—

Chairperson

(ii)

Principal Chief Conservator of

Forests

—

Member

(iii)

Principal Secretary (Forests)

—

Member

(iv)

Principal Secretary (Finance)

—

Member

(v)

Principal Secretary (Planning)

—

Member

(vi)

Chief Wildlife Warden

—

Member

(vii)

Nodal Officer

—

Member

(viii)

A representative of the

Ministry of Environment &

Forests

—

Member

(ix)

Two eminent NGO’s to be

nominated by the State

Government for a period

of 2 years at a time who shall

be eligible for re-nomination

—

Member

(x)

Chief Conservator of Forests

(Plan/Schemes)

—

Member Secretary

14.

(3)

The Steering Committee shall—

(i)

lay down and/or approve rules and procedures for the functioning

of the body and its Executive Committee, subject to the

overarching objectives and core principles of State CAMPA;

(ii)

monitor the progress of the utilization of funds released by the

State CAMPA;

(iii)

approve the Annual Plan of Operation (APO) prepared by the

Executive Committee:

(iv)

approve the annual reports and audited accounts of the State

CAMPA;

(v)

ensure inter-departmental coordination;

(vi)

meet at least once in six months.

15.

(1)

The Executive Committee shall consist of the following:

(i)

Principal Chief Conservator of

Forests

—

Chairperson

(ii)

Chief Wildlife Warden

—

Member

(iii)

Chief Conservator of Forests

(Plan/Schemes)

—

Member

(iv)

Financial Controller/Financial

Adviser in the O/o the Principal

Chief Conservator of Forests

—

Member

(v)

Two eminent NGO's to be

nominated by the State

Government for a period

of 2 years at a time who

shall be eligible for

re-nomination

—

Member

(vi)

Nodal Officer

—

Member Secretary

(2).

The State level Executive Committee shall—

(i)

take all steps for giving effect to the State CAMPA and overarching

objectives and core principles, in accordance with rules and

procedures approved by the Steering Committee and the approved

APO;

(ii)

prepare the APO of the State for various activities, submit it to the

Steering Committee before end of December for each financial year,

and obtain the Steering Committee’s concurrence for release of

funds, while giving break-up of the proposed activities and

estimated costs;

(iii)

supervise the works being implemented in the State out of the

funds released from the State CAMPA;

(iv)

be responsible for proper auditing of both receipt and expenditure

of funds;

(v)

develop the code for maintenance of the account at the

implementing agency level;

(vi)

submit reports to the Steering Committee for review/consideration;

and

(vii) prepare Annual Report by end-June for each financial year.

16.

Accounting Procedure

(1)

State CAMPA shall prepare, in such form and at such time in each

financial year as may be prescribed, its budget for the next financial

year, showing the estimated receipts and expenditure of the State

CAMPA.

(2)

State CAMPA shall adopt financial regulations and procedures, in

particular the procedure for approval and implementing the APO.

(3)

State CAMPA shall maintain proper accounts and other relevant

records and prepare an annual statement of accounts in such form

as may be prescribed in consultation with the Accountant General

concerned.

(4)

The Accounts of the State CAMPA shall be audited by the

Accountant General at such intervals as may be specified by him

and any expenditure incurred in connection with such audit shall be

payable by the Authority to the Accountant General.

(5)

The Accountant General and any other person appointed by him in

connection with the audit of the accounts of the State CAMPA

shall have the same rights and privileges and authority in

connection with such audit as the Accountant General generally has

in connection with the audit of the Government accounts and, in

particular, shall have the right to demand the production of books,

accounts, connected vouchers and other documents and papers

and to inspect the office of the State CAMPA.

(6)

The accounts of the State CAMPA as certified by the Accountant

General or any other person appointed by him in this behalf

together with the audit report thereon and annual report, shall be

forwarded annually to the State Government, the MoEF and the

Adhoc CAMPA by the State CAMPA.

(7)

The State Government and the MoEF shall have the power to

conduct special audit or performance audit of the State CAMPA.

(8)

The Annual Report shall provide, inter alia, for—

(i)

the details of various works done and the amount spent;

(ii) the details of the amount received by the State CAMPA from

various sources; and

(iii) the observations made in the audit report.

17.

Monitoring and evaluation of the works

(1)

An independent system for concurrent monitoring and evaluation of

the works implemented in the States utilizing the funds available

shall be evolved and implemented to ensure effective and proper

utilization of funds.

(2)

The National CAMPA advisory council shall have the powers to

order special inspection and financial audit of works executed by

the State CAMPA with utilizing CAMPA money.

(3)

If satisfied that the funds released are not being utilized properly,

the National CAMPA advisory council as well as the State level

Steering Committee shall have the power to withhold or suspend

the release of remaining funds or part thereof.

18.

National CAMPA Advisory Council

A National CAMPA Advisory Council shall be established. It will

(i)

Lay down broad guidelines for State CAMPA

(ii)

Regularly monitor and evaluate, in consultation with states, projects

being undertaken by state CAMPAs.

(iii)

Facilitate scientific, technological and other assistance that may be

required by State CAMPAs.

(iv)

Make recommendations to state CAMPAs based on a review of

their plans and programmes;

(v)

Provide a mechanism to state CAMPAs to resolve issues of an

inter-state or Centre-state character.

The composition of the Council shall be as follows:

(i)

Minister of Environment and

Forests

—

Chairperson

(ii)

Three PCCF’s by rotation

with a term of one year each

—

Member

(iii)

two environmentalist/

conservationists/scientists/

economists/social scientists

with a non-renewable term of

two years

—

Member

(iv)

Director General Forests &

Special Secretary, MoEF

—

Member

(v)

IG (Forest Conservation)

MoEF

—

Member Secretary

The existing establishment of adhoc CAMPA would be utilized as

secretariat to the National CAMPA Advisory Council. The expenditure will be

met out of the provision kept for Monitoring and Evaluation of the programme.

19.

In addition to the above out of the interest received/accrued so far with

the Adhoc CAMPA, a suitable amount, with the permission of the Supreme

Court, will be retained by the Adhoc CAMPA and will be utilized as per the

specific schemes as approved by the National CAMPA Advisory Council. These

will include monitoring and evaluation of schemes implemented in the States or

the UTs utilizing CAMPA money, setting up of institutes, societies, center of

excellence in the field of forest and wildlife, pilot schemes, standardization of

codes/guidelines, etc. for the sector.