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Goa Gazette, No. 1617-48, 02 March 2017

Published 02 March 2017

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Gazette no.
1617-48
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in.goa.egaz.1617-48.SI/1617-48-SI-OG-0
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RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2015-2017

Panaji, 2nd March, 2017 (Phalguna 11, 1938) SERIES I No. 48 PUBLISHED BY AUTHORITY

INDEX

Department Notification/Order Subject Pages

1. Law & Judiciary             Not.- 10/4/2016-LA    The Compensatory Afforestation Fund Act, 2016.      1953
   Under Secretary
2. Mines                       Ord.- 5/2/2007/ADM/ Continuation of Group 'A' and Group 'B' temporary     1971
   Dir. & ex officio Addl. Secy. /MINES/PART/2999    posts in Directorate of Mines & Geology.
3.a. Science, Technology &     Not.- 1/24/2010/      Amendments to the notification regarding Coastal    1972
    Environment                /STE-DIR/487          Zone Management Plans.
    Dir. & ex officio Jt. Secy.
  b.   —do—                        —do—              Amendments in the CRZ notification.                 1973
  c.   —do—                        —do—              Amendments in the notification.                     1974
  d.   —do—                        —do—              Further amendments in the Coastal Regulation Zone   1974
                                                     notification, 2011.
 e.    —do—                        —do—              Amendments in the notification.                     1976
  f.  —do—                         —do—              Further amendments in the Coastal Regulation Zone   1977
                                                     notification.

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division — Notification

10/4/2016-LA

The Compensatory Afforestation Fund Act, 2016 (Central Act No. 38 of 2016) which has been passed by Parliament and assented to by the President on 03-08-2016 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 03-08-2016, is hereby pub- lished for the general information of the public.

Julio Barbosa Noronha, Under Secretary

(Law).

Porvorim, 4th November, 2016.

THE COMPENSATORY AFFORESTATION FUND ACT, 2016 ________

Arrangement of Sections

CHAPTER I

Preliminary

Sections 1. Short title, extent and commencement. 2. Definitions.

CHAPTER II

Establishment, Management and Utilisation of National Compensatory Afforestation Fund and State Compensatory Afforestation Funds

3. Establishment of National Fund. 4. Establishment of State Fund. 5. Disbursement and utilisation of National Fund. 6. Disbursement and utilisation of State Fund. 7. Accounting procedure.

1953 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

Sections

CHAPTER III

Constitution of National Authority and State Authorities

8. Constitution of National Authority.

9. Executive committee and monitoring group

of National Authority.

10. Constitution of State Authority. 11. Steering committee and executive committee

of State Authority.

12. Term of office and conditions of service of

members.

13. Disqualifications.

CHAPTER IV

Powers and Functions of National Authority and State Authorities

14. Powers and functions of National Authority. 15. Powers and functions of executive committee

of National Authority.

16. Functions of monitoring group.

17. Powers and functions of State Authority.

18. Powers and functions of steering committee

of State Authority.

19. Functions and powers of executive committee

of State Authority.

THE COMPENSATORY AFFORESTATION FUND ACT, 2016

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 afforesta-

tion, 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.

CHAPTER V

Finance, Accounts, Audit and Annual Report

20. Budget of National Authority. 21. Investment of funds by National Authority.

22. Accounts and audit of National Authority. 23. Annual report of National Authority. 24. Annual report and audit report of National

Authority to be laid before Parliament.

25. Budget of State Authority. 26. Investment of funds by State Authority.

27. Accounts and audit of State Authority. 28. Annual report of State Authority. 29. Annual report and audit report of State

Authority to be laid before State Legislature.

CHAPTER VI

Miscellaneous

30. Power to make rules. 31. Transfer of assets, liabilities, etc. 32. Validation. 33. Power of Central Government to issue

directions.

Whereas the Supreme Court in its order in T. N. Godavarman Thirumulpad Vs. Union of 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 the monies received from the user agencies towards compensator y afforestation, additional compensatory afforestation, penal compen- satory afforestation, net present value of the diver ted forest land or catchment area treatment plan shall be deposited;

35 of 1972.

And whereas it had also been observed that the money received from the user agencies in cases where forest land diverted falls within protected areas, that is, the areas notified under the Wild Life (Protection) Act, 1972 for undertaking activities related to protection of biodiversity or wildlife shall also be deposited in the Fund;

1954 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

And whereas the Supreme Court has directed that, besides artificial regeneration (Plantations), the Fund shall also be utilised for undertaking assisted natural regeneration, protection of forests, infrastructure development, wildlife protection and other related activities and an independent system of concurrent monitoring and evaluation should be evolved and implemented through the Compensatory Afforestation Fund to ensure effective and proper utilisation of funds;

And whereas the Supreme Court in 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 283 of the Constitution;

And whereas in its direction dated the 5th 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 hoc Authority should be constituted till the Compensatory Afforestation Fund Management and Planning Authority becomes operational and directed to centrally pool the money recovered on behalf of the said Authority lying in the States and Union territories into the ad hoc Compensatory Afforestation Fund Management and Planning Authority;

And 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;

And whereas in its direction dated the 10th July, 2009, the Supreme Court had directed that the guidelines and structure of the State Authority prepared by the Central Government may be notified and implemented;

And whereas in its directions dated the 10th July, 2009, the Supreme Court further directed that till an alternative system is put in place, after obtaining 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;

And whereas in compliance of the directions of the Supreme Court including its order dated the 5th May, 2006, over rupees thirty eight thousand crores as collected by the State Governments and Union territory Administrations have been placed under the ad hoc Authority, and deposited in the nationalised banks;

And 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 unspent funds 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 with the ad hoc Authority and the funds to be collected by the State Governments and Union territory Administrations, it is proposed to create a National Compensatory Afforestation Fund and a National Compensatory Afforestation Fund Management and Planning Authority at the national level, and a State Compen- satory Afforestation Fund and a State Compensatory Afforestation Fund Manage- ment and Planning Authority in each State and Union territory, by an Act of Parliament.

Be it enacted by Parliament in the Sixty- -seventh Year of the Republic of India as follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.— (1) This Act may be called the Compensatory Afforestation Fund Act, 2016.

1955 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(2) It extends to the whole of India except

the State of Jammu and Kashmir.

(3) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) "ad hoc Authority" means the ad hoc Compensatory Afforestation Fund Management and Planning Authority constituted under the order dated the 5th May, 2006 of the Supreme Court in T. N. Godavarman Thirumulpad vs. Union of India and Others, [Writ Petition (Civil) No. 202 of 1995];

(b) "Chairperson, National Authority" means the Chairperson of the governing body of the National Authority;

(c) "Chairperson, State Authority " means the Chairperson of the governing body of the State Authority;

(d) "compensatory affores- tation" means afforestation done in lieu of the diversion of forest land for non-forestry use under the Forest (Conservation) Act, 1980;

69 of 1980.

(e) "environmental services" includes—

(i) provision of goods such as wood, non-timber forest products, fuel, fodder, water and provision of services such as grazing, tourism, wildlife protection and life support;

(ii) regulating services such as flood moderation, carbon sequestration and health of soil, air and water regimes;

(iii) supporting such other services necessary for the production of eco- system services, biodiversity, nutrient cycling and primary production inclu- ding pollination and seed dispersal;

(f) "Head of the regional office" means the senior-most officer

appointed by the Central Government at regional office to deal with the forest conservation matters under the Forest (Conservation) Act, 1980;

69 of 1980.

(g) "monitoring group" means a group of exper ts to monitor the activities undertaken from amounts released from the National Fund and State Fund consti- tuted under sub-section (3) of section 9;

(h) "National Authority" means National Compensator y Afforestation Fund Management and Planning Authority constituted under section 8;

(i) "National Fund" means the National C o m p e n s a t o r y A f f o r e s t a t i o n Fu n d e s t a blished under sub-section (1) of section 3;

(j) "net present value" means the quantification of the environmental ser vices provided for the forest area diverted for non-forestry uses, as may be determined by an exper t committee appointed by the Central Government from time to time in this regard;

69 of 1980.

(k) "penal compensator y afforestation" means afforestation work to be under taken over and above the compensator y afforestation specified in the guidelines issued under the Forest (Conservation) Act, 1980, in lieu of the extent of area over which non-forestry activities have been carried out without obtaining prior approval of the competent authority under the Forest (Conservation) Act, 1980;

(l) "prescribed" means prescribed by rules made by the Central Government in consultation with the State Governments under this Act;

(m) "State Authority" means the State Compensator y Afforestation Fund Management and Planning Authority constituted under section 10;

1956 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(n) "State Fund" means the State Compensator y Afforestation Fund established by each State under sub- -section (1) of section 4;

(o) "State Government" includes Union

territory Administration;

69 of 1980.

(p) "user agency" means any person, organisation or company or department of the Central Government or State Government making a request for diversion or de-notification of forest land for non-forest purpose or using forest land for non-forest purpose in accordance with the provisions contained in the Forest (Conser- vation) Act, 1980 and the rules made and guidelines issued, thereunder.

CHAPTER II

Establishment, Management and Utilisation of National Compensatory Afforestation Fund and State Compensatory Afforestation Funds

3. Establishment of National Fund.— (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a special Fund to be called the "National Compensatory Afforestation Fund" under the public account of India.

(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) On the date of establishment of the National Fund, all monies collected by the State Governments and Union territor y Administrations which has been placed under the ad hoc Authority and deposited in the nationalised banks shall be transferred to the National Fund.

(4) There shall also be credited into the National Fund, by each State on yearly basis, ten per cent. of the funds realised from the user agencies in respect of the forest land diverted in their favour, which have been credited directly into the State Fund.

(5) There shall also be credited to the

National Fund—

(a) grants-in-aid received, if any, by the

National Authority;

(b) any loan taken or any borrowings

made by the National Authority;

(c) any other sums received by the National Authority by way of benefaction, gift or donations.

(6) The monies received in the National Fund shall be an interest bearing fund under public accounts of India.

(7) The balance in the National Fund shall be non-lapsable and get interest as per the rate declared by the Central Government on year to year basis.

4. Establishment of State Fund.— (1) With effect from such date as each State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a special Fund to be called the "State Compensatory Afforestation Fund-....... (name of State)" under public accounts of such State:

Provided that in case of Union territory having no legislature, such fund shall be established under the public account of Union of India with effect from such date as the Union territory Administration may, by notification in the Official Gazette, appoint in this behalf.

(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.

(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 hoc1957 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 Authority to the State Compensator y Afforestation Compensatory Afforestation Funds Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009;

(ii) all monies transferable from the National Fund under clause (a) of section 5;

(iii) all monies realised from user agencies by such State towards compensatory affores- tation, additional compensatory afforestation, penal compensatory afforestation, net present value, 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; and 69 of 1980.

53 of 1972.

(iv) the funds recoverable from user agencies by such State in cases where forest land diverted falls within the protected areas, that is, areas notified under sections 18, 26A or 35 of the Wild Life (Protection) Act, 1972 for undertaking activities relating to the protection of biodiversity and wildlife.

(4) A State Government may also credit to

the State Fund constituted by it—

(i) grants-in-aid received, if any, by the

State Authority;

(ii) any loan taken or any borrowings

made by the State Authority;

(iii) any other sums received by the State Authority by way of benefaction, gift or donations.

(5) The monies received in the State Fund shall be an interest bearing fund under public accounts.

(6) The balance in each State Fund shall be non-lapsable and get interest as per the rate declared by the Central Government on year to year basis.

5. Disbursement and utilisation of National Fund.— Save as otherwise provided in this Act, the monies available in the National Fund shall be disbursed and utilised in the following manner, namely:—

(a) 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, shall be transferred to the State Fund established in such state under sub-section (1) of section 4;

(b) the balance ten per cent. of all monies collected by the States and Union territory Administrations, which has been placed under the ad hoc Authority and the interest accrued thereon, and all fresh accrual to the National Fund, as provided in sub-section (4) of section 3, and the interest accrued thereon, shall be utilised for meeting—

(i) the non-recurring and recurring expenditure for the management of the National Authority including the salary and allowances payable to its officers and other employees;

(ii) the expenditure incurred on monitoring and evaluation of works executed by the National Authority and each State Authority;

(iii) the expenditure incurred on specific schemes approved by governing body of the National Authority.

Explanation.— For the purposes of this section, "scheme" includes any institute, society, centre of excellence in the field of forest and wildlife, pilot schemes, standardisation of codes and guidelines and such other related activities for the forestry and wildlife sector.

6. Disbursement and utilisation of State Fund.— Save as otherwise provided in this Act, the monies available in a State Fund shall be disbursed and utilised in the following manner, namely:—

1958 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

69 of 1980.

(a) the money received for compensatory afforestation, additional compensatory affores- tation, 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;

(b) the monies received towards net present value and penal net present value shall be used for artificial regeneration (plantation), assisted natural regeneration, forest management, forest protection, forest and wildlife related infrastructure development, wildlife protection and management, supply of wood and other forest produce saving devices and other allied activities in the manner as may be prescribed;

(c) the interest accrued on funds available in a State Fund and the interest accrued on all monies collected by the State Governments, which has been placed under the ad hoc Authority and deposited in the nationalised banks, in compliance of the directions of the Supreme Court dated the 5th May, 2006, shall be used for conservation and development of forest and wildlife in the manner as may be prescribed;

35 of 1972.

(d) all monies realised from the user agencies in accordance with the decision taken by the Standing Committee of the National Board for Wild Life constituted under section 5A of the Wild Life (Protection) Act, 1972 or the orders of the Supreme Court involving cases of diversion of forest land in protected areas shall form the corpus and the income therefrom shall be used exclusively for under taking protection and conservation

activities in protected areas of the State including facilitating voluntary relocation from such protected areas and in excep- tional circumstance, a part of the corpus may also be used subject to prior approval of the National Authority;

(e) ten per cent. of amount realised from the user agencies, which has been credited directly into the State Fund in a year shall be transferred to the National Fund to meet expenditure as provided in clause (b) of section 5;

(f) the non-recurring and recurring expenditure for the management of a State Authority including the salary and allowances payable to its officers and other employees may be met from a part of the interest accrued on the amounts available in the State Fund, in the manner as may be prescribed;

(g) in case of trans-boundary forestry or environmental implication of diversion of forest land for non-forest purposes in a particular State, if found expedient and necessary by the National Authority, it may, in consultation with the concerned Sate Authorities order that such sum as may be justified for reparation of the trans- -boundary effects, be transferred to State Fund of such State or States;

(h) State Authority shall release monies to agencies identified for execution of activities in pre-determined installments as per the annual plan of operation finalised by steering committee of such State Authority and executive committee of the National Authority.

7. Accounting procedure.— The accounting procedure to regulate the manner of crediting the monies to the National Fund and State Fund in a year shall be in such manner as may be prescribed.

1959 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

CHAPTER III

Constitution of National Authority and

State Authorities

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, Ministr y 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 Ministr y 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 exper ts, 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.

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;

1960 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(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, Ministr y 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.— (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:—

1961 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(i) Chief Minister of the State and in case of a Union territor y having no legislature, the Lieutenant Governor or the Administrator, as the case may be — Chairperson, ex officio;

(ii) Minister of Forests —Member, ex (ii) Principal Secretaries of the Depar tments dealing with Forests, Environment, Finance, Planning, Rural Development, Revenue, Agriculture, Tribal Development, Panchayati Raj, Science and Technology —Members, ex officio;

officio;

(iii) Chief Secretary —Member, ex officio;

(iii) Principal Chief Conser vator of Forests (Head of Forest Force) —Member, ex officio;

(iv) Chief Wildlife Warden —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

69 of 1980.

(v) Nodal Officer, the Forest (Conser vation) Act, 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;

officio;

(6) Principal Secretary in-charge of the Forest Depar tment 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.

(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;

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 (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;

officio;

1962 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(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.— 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.— 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.

CHAPTER IV

Powers and Functions of National Authority and State Authorities

14. Powers and functions of National Authority.— (1) Ihe governing body of the National Authority shall—

(i) formulate broad policy framework for functioning of the National Authority and1963 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 State Authorities as may be notified by the Central Government;

(ii) approve the annual report and audited accounts of the National Authority;

(iii) review reports on decision taken by executive committee and monitoring group of the National Authority including investment decisions;

(iv) approve the proposal for the schemes specified in sub-clause (iii) of clause (b) of section 5;

(v) approve the proposals for creation of posts in the National Authority, subject to prior permission of the Central Government;

(vi) provide a mechanism to State Authorities to resolve issues of inter-State or Centre-State character;

(vii) formulate such procedures for delegation of financial and administrative powers, to the National Authority and State Authorities as may be notified by the Central Government.

(2) The governing body of the National Authority shall meet at least once in six months.

(3) The governing body and executive committee of the National Authority and the monitoring group of the National Authority shall meet at such places and shall observe such rules and procedures in regard to transaction of business at its meeting, including the quorum thereat, as may be prescribed.

15. Powers and functions of executive committee of National Authority.— (1) The executive committee of the National Authority shall—

(i) approve within three months from the date of receipt, annual plan of operations of State Authorities, with such amend- ments as it deems fit and proper;

(ii) formulate proposals for schemes specified in sub-clause (iii) of clause (b) of section 5;

(iii) execute schemes specified in sub-

-clause (iii) of clause (b) of section 5;

(iv) deploy staff on contract or on deputation basis to the posts in the National Authority;

(v) formulate proposals for creation of posts in the National Authority at the level of Assistant Inspector General of Forests and other officers;

(vi) invest surplus amounts available in

the National Fund;

(vii) execute other day-to-day work in respect of receipt of amounts in the National Fund;

(viii) maintain books of account and such

other records;

(ix) facilitate scientific, technological and other assistance that may be required by State Authorities;

(x) present its decisions to the governing body of the National Authority for information;

(xi) maintain and update a public information system on the National Authority and present all information on its transaction in the public domain;

(xii) undertake any other work as may be assigned by the governing body of the National Authority or the Central Government, from time to time.

(2) The executive committee of the National Authority shall meet at least once in every three months.

16. Functions of monitoring group.— (1)

The monitoring group shall—

(i) evolve independent system for concurrent monitoring and evaluation of the works implemented in the States and Union territories utilising the funds released by the National Authority and State Authorities to ensure effective and1964 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 proper utilisation of funds by utilising the services of the regional offices, of the Central Government in the Ministry of Environment, Forest and Climate Change:

Provided that the Central Government may also undertake third party monitoring and evaluation of the works implemented in the States and Union territories utilising the funds released by the National Authority and State Authorities through individual and institutional experts including remote sensing agencies;

(ii) inspect and undertake financial audit of works executed by utilising the funds released by the National Authority and State Authorities in the State and Union territories;

(iii) devise measures for transparency

and accountability.

(2) The monitoring group shall meet at least

once in three months.

17. Powers and functions of State Authority.— (1) The governing body of a State Authority shall—

(i) lay down the broad policy framework for the functioning of such State Authority within the overall framework notified by the Central Government on the recommendations of the National Authority;

(ii) review the working of the State

Authority from time to time.

(2) The governing body of a State Authority

shall meet at least once in six months.

(3) The governing body, steering committee and executive committee of a State Authority shall meet at such places and shall observe such rules and procedures in regards to transaction of business at its meeting, including the quorum thereat, as may be prescribed.

18. Powers and functions of steering committee of State Authority.— (1) The steering committee of a State Authority shall—

(i) scrutinise and approve with such amendments as it may deems fit and proper the annual plan of operations prepared by the executive committee of such State Authority and send the same to the executive committee of the National Authority for final approval;

(ii) monitor the progress of the utilisation

of funds released from the State Fund;

(iii) review reports on decision taken by executive committee including investment decisions;

(iv) approve, subject to prior concurrence of the State Government, proposals formulated by the executive committee for creation of posts in the State Authority;

(v) approve annual report of the State Authority and send the same to the State Government to lay it, each year, in each House of the State Legislature;

(vi) ensure inter-depar tmental co-

-ordination.

(2) The steering committee of a State Authority shall meet at least once in every three months.

19. Functions and powers of executive committee of State Authority.— (1) The executive committee of a State Authority shall—

(i) formulate and submit annual plan of operations to the steering committee of the State Authority for its concurrence;

(ii) under take qualitative and quantitative supervision, monitoring and evaluation of the works being implemented from amounts available in the State Fund;

(iii) invest surplus amounts available in

the State Fund of such State;

(iv) maintain books of account and other

records;

(v) submit repor ts to the steering

committee of the State Authority;

1965 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(vi) prepare annual report of the State

Authority;

(vii) deploy staff on contractual basis or on deputation to the posts in the State Authority;

(viii) formulate proposals for creation of

posts in the State Authority;

(ix) be responsible for delegation of

financial or administrative powers;

(x) be responsible for other day-to-day working in respect of the State Authority;

(xi) maintain and update public information system on the State Authority and present all information on its transaction in the public domain;

(xii) undertake any other work as may be assigned by the governing body or steering committee of the State Authority or the State Government, from time to time.

(2) The executive committee of a State Authority shall meet at least once in every three months.

Provided that the grants received from the Central Government shall not be invested and shall be utilised for the purposes and in the manner attached to it.

22. Accounts and audit of National Authority,— (1) The National Authority 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 Comptroller and Auditor-General of India.

(2) The accounts of the National Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National Authority to the Comptroller and Auditor-General.

CHAPTER V

Finance, Accounts, Audit and Annual Report

20. Budget of National Authority.— (1) The National Authority shall prepare its budget for the next financial year, showing the estimated receipts and expenditure of the National Authority and forward the same to the Central Government, in such form and at such time in each financial year as may be prescribed.

(2) The National Authority, shall adopt financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the National Authority as may be prescribed.

21. Investment of funds by National Authority.— The National Authority may invest its funds, including any reserve fund, in the securities of the Central Government and in scheduled banks in such manner as may be prescribed:

(3) The Comptroller and Auditor-General and any other person appointed by him in connection with the audit of the accounts of the National Authority shall have the same right and privileges and authority in connection with such audit as the Comptroller and Auditor-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 National Authority.

(4) The accounts of the National Authority as certified by the Comptroller and Auditor- -General or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Central Government by the National Authority.

(5) The Comptroller and Auditor-General shall, within a period of six months from the date of commencement of the Act, audit the accounts of the all monies collected by the State Governments and Union territor y Administrations, which has been placed under the ad hoc Authority and deposited in the nationalised banks and submit the report to the Central Government under this section.

1966 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(6) The Central Government shall have the power to conduct the special audit or performance audit of the National Fund and of the National Authority through the Comptroller and Auditor-General.

23. Annual report of National Authority.— (1) The National Authority shall prepare, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government, in such form and at such time, for each financial year, as may be prescribed.

(2) The annual report shall, inter alia,

provide for—

(i) the summary of monitoring and evaluation of activities undertaken from amounts released from the National Fund and State Funds during the year;

(ii) the summary of specific schemes specified in sub-clause (iii) of clause (b) of section 5 executed during the year;

(iii) the amount of money received and

expended.

24. Annual report and audit report of National Authority to be laid before Parliament.— The Central Government shall cause the annual report and audit report together with a memorandum of action taken on the recommendations contained therein to be laid as soon as may be after the reports are received before each House of Parliament.

25. Budget of State Authority.— (1) Each State Authority shall prepare its budget for the next financial year, showing the estimated receipts and expenditure of the State Authority and forward the same to the State Government, in such form and at such time, in each financial year, as may be prescribed.

(2) Each State Authority shall adopt financial regulation and procedures, in particular the procedure for drawing up and implementing the budget of the State Authority as may be prescribed.

26. Investment of funds by State Authority.— State Authority may invest funds available in the State Fund of such State in the securities of the Central Government and in scheduled banks in such manner as may be prescribed:

Provided that the grants received from the State Government shall not be invested and shall be utilised for the purpose and in the manner prescribed.

27. Accounts and audit of State Authority.— (1) Each State Authority 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 Comptroller and Auditor-General of India.

(2) The accounts of each State Authority shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the State Authority to the Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General and any other person appointed by him in connection with the audit of the accounts of the State Authority shall have the same right and privileges and authority in connection with such audit as the Comptroller and Auditor-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, other documents and papers and to inspect the office of the State Authority.

(4) The Accounts of the State Authority as certified by the Comptroller and Auditor- -General or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the State Government by the State Authority.

1967 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(5) The Comptroller and Auditor-General shall, within a period of six months from the date of commencement of the Act, audit the accounts of all the monies which have been transferred by the ad hoc Authority to the State Compensator y Afforestation Fund Management and Planning Authorities constituted in the States in compliance of guidelines dated the 2nd July, 2009 and submit the report to the State Government under this section.

(6) The Central Government and the State Government concerned shall have the power to conduct the special audit or performance audit of the State Fund and of the State Authority through the Comptroller and Auditor-General.

28. Annual report of State Authority.— (1) Each State Authority shall prepare its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the concerned State Government, in such form and at such

time, for each financial year, as may be prescribed.

(2) The annual report of a State Authority

shall, inter alia, provide for—

(i) the number and location of each

reforestation, afforestation and conser- vation activity subject to the requirement of this section;

(ii) the amount and location of lands in hectares, cleared, conser ved and planted in connection with the activity; and

(iii) the amount of afforestation money

collected and expended.

29. Annual report and audit report of State Authority to be laid before State Legislature.— The State Government shall cause the annual report and the audit report together with a memorandum of action taken on the recommendations contained therein to be laid as soon as may be after the reports are received before each House of the State Legislature:

Provided that in case of a Union territory having no legislature, the Central Government shall cause the annual report and the audit repor t together with a memorandum of action taken on the recommendations contained therein to be laid as so on as may be after the reports are received before each House of the Parliament.

CHAPTER VI

Miscellaneous

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 the1968 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 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.

31. Transfer of assets, liabilities, etc.— (1) On and from the date of constitution of the National Authority—

(i) all the assets and liabilities of the ad hoc Authority shall stand transferred to, and vested in, the National Authority;

Explanation.— The assets of the ad hoc Authority shall be deemed to include all rights and powers, all properties, whether movable or immovable, including in particular, cash balances, deposits, and all other interests and rights in, or arising1969 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 of, such properties as may be in the possession of the ad hoc Authority and all books of account and other documents relating to the same, and liabilities shall include all debts, liabilities and obligations of whatever kind;

(ii) without prejudice to the provisions of clause (i), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the ad hoc Authority immediately before constitution of the National Authority, for or in connection with the purpose of the ad hoc Authority, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the National Authority;

(iii) all sums of money due to the ad hoc Authority immediately before constitution of the National Authority shall be due to the National Authority;

(iv) all suits and legal proceedings instituted or which could have been instituted by or against the ad hoc Authority may be continued or may be instituted by or against the National Compensatory Authority.

(2) On and from the date of constitution

of a State Authority—

(i) all the assets and liabilities of the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 shall stand transferred to, and vested in, the State Authority.

Explanation.— The assets of the State Compensator y Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 shall be deemed to include all rights and powers, all properties, whether movable or immovable, including in particular, cash balances, deposits, and all other interests and rights in, or arising of, such properties as may be in the possession of the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 and all books of account and other documents relating to the same, and liabilities shall include all debts, liabilities and obligations of whatever kind;

(ii) without prejudice to the provisions of clause (i), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Compensator y Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 before this Act came into force, for or in connection with the purpose of the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the State Authority;

(iii) all sums of money due to the State Compensatory Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 before constitution of the State Authority shall be due to the State Authority;

(iv) all suits and legal proceedings instituted or which could have been instituted by or against the State Compensator y Afforestation Fund Management and Planning Authority constituted in such State in compliance of guidelines dated the 2nd July, 2009 may be continued or may be instituted by or against the State Authority.

32. Validation.— (1) Notwithstanding anything contained in any judgment, decree or order of any court, the amount credited to1970 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 the National Fund shall be deemed to be credited and shall always be deemed to have been 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.

(2) Notwithstanding anything contained in any judgment or order of any court, all the monies collected by the State Governments and the Union territory Administrations which has been placed under the ad hoc Authority and deposited in the nationalised banks and the interest accrued thereon shall stand transferred to the National Fund.

(3) Notwithstanding anything contained in any judgment or any order of any court, the amount credited to the State Fund shall be deemed to be credited and shall always be deemed to have been 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 the State Legislature in this behalf.

33. Power of Central Government to issue directions.— (1) The Central Government may, if it finds necessary or expedient in the public interest, issue such policy directives to the National Authority or any State Authority, in writing and such policy directives shall be binding upon the National Authority or the State Authority, as the case may be.

(2) The decision of the Central Government, whether a question is one of policy or not, shall be final. _________

The above Bill has been passed by the Houses of Parliament.

Dated the Chairman.

_________

I assent to this Bill.

Dated the President.

———!!!———

Department of Mines

Directorate of Mines & Geology

———

Order

5/2/2007/ADM/MINES/PART/2999

Sanction of the Government is hereby conveyed for continuation of following temporary posts in Group 'A' and Group 'B' category in Directorate of Mines & Geology for further period of one year from 1-3-2017 to 28-2-2018.

Sr. No. Designation Pay Scale + Grade Pay No. of posts Budget Head

1 2

3 4 5

1. Deputy Director of Mines 15,600-39,100 + G.P. 5,400/- 3 2853—Non Ferrous Mining &

2. Assistant Mining Engineer 9,300-34,800 + G.P. 4,600/- 2 Metallurgical Industries;

3. Senior Technical Assistant 9,300-34,800 + G.P. 4,600/- 1 02— Regulation and Develop-

4. Surveying Officer 9,300-34,800 + G.P. 4,200/- 1 ment of Mines;

5. Statistical Officer 9,300-34,800 + G.P. 4,200/- 1 001—Direction and Administration;

6. Research Assistant 9,300-34,800 + G.P. 4,200/- 1 01—Mines Development (Non-Plan);

7. Assistant Geologist 9,300-34,800 + G.P. 4,200/- 7 01—Salaries.

1971 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

1 2

3 4 5

8. Assistant Accounts Officer 9,300-34,800 + G.P. 4,600/- 1 2853—Non Ferrous Mining &

Metallurgical Industries;

9. Assistant Geologist 9,300-34,800 + G.P. 4,200/- 2 02— Regulation and Develop-

ment of Mines;

10. Surveying Officer 9,300-34,800 + G.P. 4,200/- 1 001— Direction and Administration;

02— Strengthening of Mines

Department (Plan);

01—Salaries.

The expenditure towards salaries shall be borne from the Budget Head shown against column

No. 5.

Prasanna A. Acharya, Director & ex officio Additional Secretary (Mines & Geology).

Panaji, 21st February, 2017.

———!!!———

Department of Science, Technology & Environment ___

Notification

1/24/2010/STE-DIR/487

The following notifications published in the Gazette of India is hereby published for general information of public:—

(1) S.O. 1244(E) dated 7-5-2014; (2) S.O. 3085(E) dated 28-11-2014; (3) S.O. 383(E) dated 4-2-2015; (4) S.O. 556(E) dated 17-2-2015; (5) S.O. 938(E) dated 31-3-2015; (6) S.O. 1599(E) dated 16-6-2015.

By order and in the name of the Governor

of Goa.

Agnelo A. J. Fernandes, Director & ex officio

Joint Secretary (Environment).

Porvorim, 23rd February, 2017.

———— Government of India

MINISTRY OF ENVIRONMENT AND FORESTS

Environment and Forests number S.O.19 (E), dated the 6th January, 2011 (hereinafter referred to as the said notification), the Central Government declared certain coastal stretches as Coastal Regulation Zone and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said Zone;

And whereas under clause (viii) of paragraph 5 of the said notification the Coastal Zone Management Authority of the State Government or of the Union territory are required to submit the draft Coastal Zone Management Plans along with its recommendations to the Ministr y of Environment and Forests on or before the 30th September, 2013, after incorporating the suggestions and objections received from the stakeholders.

New Delhi, the 7th May, 2014

And whereas the status of preparation of the Coastal Zone Management Plans has been periodically reviewed by the National Coastal Zone Management Authority and it has noted that the preparation of Coastal Zone Management Plans are in progress, it may take some more time for the States and Union territories to submit their respective draft Coastal Zone Management Plans for approval.

Notification

S. O. 1244 (E).— Whereas by notification of the Government of India in the Ministry of And whereas the Central Government, having regard to the provision of sub-rule (4) of rule 5 of the Environment (Protection)1972 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 Rules, 1986, is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the said rules for amending the said notification;

Forests were valid till 31st January, 2014. It is

certified that extending the time limit to

submit the draft Coastal Zone Management

Plans and also extending the validity of the

Coastal Zone Management Plans with

retrospective effect shall not prejudicially affect

the interest of any person to whom such

notification may be applicable.

Note: The principal notification was published in the Gazette of India, Extraordinar y, Par t II, Section 3, Sub-section (ii), vide number S.O. 19(E), dated the 6th January, 2011.

————

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with clause (d) of sub-rules (3) and sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the said notification, namely:—

In the said notification, in paragraph 5, MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

New Delhi, the 28th November, 2014

(a) for item (viii), the following item shall

be substituted, namely:—

Notification

"(viii) The Coastal Zone Management Authority of the State Government or of the Union territory shall submit the draft Coastal Zone Management Plans along with its recommendations to the Ministr y of Environment and Forests on or before the 30th September, 2014 after incorporating the suggestions and objections received from the stakeholders;

(b) for item (xii), the following item shall be

substituted, namely:—

(xii) The Coastal Zone Management Plans which are already approved by the Ministry of Environment and Forests shall be used till 31st January, 2015.

[No. 11-83/2005-IA. III]

MANINDER SINGH Joint Secretary to the Govt. of India.

S. O. 3085 (E).— Whereas by a notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O.19 (E), dated the 6th January, 2011 (hereinafter referred to as the CRZ notification), coastal stretches are declared as Coastal Regulation Zone (CRZ) and restrictions have been imposed on industries, operations and processes in the CRZ area;

And whereas under para 4 (ii) (a) of the CRZ notification, the activities not listed in the notification number S.O. 1533 (E), dated the 14th September, 2006 (hereinafter referred to as the EIA notification, 2006) require clearance from the Ministry of Environment and Forests.

And whereas it has become necessary to delegate the powers of clearing such activities either to the State Government or to the regional authorities;

Explanatory Memorandum—

And whereas, the Central Government is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of As per amendment vide S.O. 2557(E) dated 22nd August, 2013, the period of time limit granted to the State Government/Union Territory to submit the draft Coastal Zone Management Plans to Ministry of Environment and Forests was valid till 30th September, 2013 and the Coastal Zone Management Plans approved by the Ministry of Environment and1973 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

(COASTAL REGULATION ZONE)

New Delhi, the 4th February, 2015

Notification

sub-section (2) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rules (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the CRZ notification, namely:—

In the CRZ notification,—

(1) in paragraph 4, in sub-paragraph (i)

(a) in clause (d), after the words "shall be considered", the words "for approval" shall be inserted;

(b) in clause (f), after the words 'erosion control measures', the words "and salt works" shall be inserted;

(2) In sub-paragraph (ii) of paragraph 4,—

(a) af ter the words, "the following activities shall require clearance from MoEF, the words "after being recommended by the concerned CZMA" shall be inserted;

(b) for clause (a), the following clause

shall be substituted, namely:—

(a) "those activities listed under category 'A' in the EIA notification 2006 and permissible under the said notification";

(3) In paragraph 4.2, in sub-paragraph (ii), after clause (b), the following clause shall be inserted, namely:—

"(c) SEIAA, for the projects specified under paragraph 4(i) (except with respect to item (d) thereof relating to building projects with less than 20,000 sq. mts of built-up area) and for the projects not attracting EIA notification, 2006"

S.O. 383(E).— In exercise of the powers conferred by sub-section (1), clause (v) of sub-section (2) and sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following amendments in the notification of the Government of India in the Ministry of Environment and Forests, vide number S.O. 19(E), dated the 6th January, 2011, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), dated 6th January, 2011, namely.—

In the said notification, in Annexure-III, after item 11, the following Note shall be inserted, namely:—

"Note: For the development of beach resorts or hotels in the CRZ-II area, the guidelines at sub-items (c), (d), (e), (f), (g), (n), (o), (q), (r) of item I and at item II shall be applicable."

[F. No. J-17011/18/96-IA-III]

BISHWANATH SINHA, Jt. Secy.

Note: The Principal notification was published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii) dated 6th January, 2011 vide number S.O. 19(E), dated the 6th January, 2011.

MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

New Delhi, the 17th February, 2015

Notification

(4) In paragraph 8 (i)I (ii)(b), after the word 'jetties', the words "erosion control measures" shall be inserted.

[No. 12-3/2008-IA.III]

BISHWANATH SINHA, Jt. Secy.

Note: (1) The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide numbers S.O.19 (E), dated the 6th January, 2011.

S.O. 556(E).— Whereas, a draft notification fur ther to amend the notification of the Government of India in the erstwhile Ministry of Environment and Forests number, S.O. 19(E), dated the 6th January, 2011 (hereinafter referred to as the Coastal Regulation Zone, notification, 2011) was published in the1974 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 Gazette of India, Extraordinar y, Part II, section 3, sub-section (ii) vide notification number S.O. 3202(E) dated the 11th December, 2014, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, inviting objections and suggestions from all persons likely to be affected thereby, within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public;

And whereas, copies of the said notification were made available to the public on 11th December, 2014;

And whereas, objections and suggestions received in response to the said draft notification have been considered by the Central Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the said Environment (Protection) Act, (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the said Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the Coastal Regulation Zone notification, 2011, namely:—

In the said Coastal Regulation Zone,

notification, 2011,—

(a) in paragraph 3,—

(i) for item (ix), the following item shall

be substituted, namely:—

"(ix) Reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainment activities except for construction of memorials/monuments and allied facilities, only in CRZ-IV (A) areas, in exceptional cases, by the concerned State Government, on a case to case basis;"

(ii) for item (xiii), the following item shall

be substituted, namely:—

"(xiii) Dressing or altering the sand dunes, hills, natural features including landscape change for beautification, recreation and other such purpose except utilising the rocks/hills/natural features, only in CRZ-IV (A) areas, for development of memorials/monuments and allied facilities, by the concerned State Government;"

(b) in paragraph 4, in sub-paragraph (ii), after item (i) the following item shall be inserted, namely:—

"(j) Construction of memorials/ /monuments and allied facilities by the concerned State Government in CRZ-IV (A) areas, in exceptional cases, with adequate environmental safeguards, subject to the following, namely:—

(A) The concerned State Government shall submit justification for locating the project in CRZ-IV (A) area along with details of alternate sites considered and weightage matrix on various parameters including environmental parameters, to State CZMA who will examine the project and make recommendation to the Central Government (MoEF) for grant of Terms of Reference (ToRs) for preparation of an environmental impact assessment report by the State Government;

(B) On grant of ToRs by the Central Government, the concerned State Government shall submit the draft Environmental Impact Assessment report (EIA) with Environmental Management Plan (EMP), draf t Risk Assessment Report with Disaster Management Plan (DMP) including on-site and off-site emergency plan and evacuation plan during emergency, to the State Pollution Control Board for conduct of public hearing for the proposed project in accordance with the procedure laid down under the Environment Impact Assessment notification;

(C) The concerned State Government shall, after addressing the relevant issues raised by the public during the public hearing referred to in sub-item (B), submit the final EIA, EMP, Risk Assess-1975 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017 ment and DMP, to the State CZMA for their examination and recommendation to MoEF;"

(D) The Central Government may, if it considers necessary so to do, dispense with the requirement of public hearing referred to in sub-item (B), if it is satisfied that the project will not involve rehabilitation and resettlement of the public or the project site is located away from human habitation.

[F. No. J -17011/18/96-IA-III]

BISHWANATH SINHA, Jt. Secy.

Note: The principal notification was published in the Gazette of India. Extraordinary, Part II, Section 3, sub-section (ii), vide number S.O. 19(E), dated the 6th January, 2011 and subsequently vide notification number S.O. 3085(E), dated the 28th November, 2014.

MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

And whereas, under clause (xii) of paragraph 5 of the said notification, the Coastal Zone Management Plans already approved under the CRZ notification, 1991, shall be valid for a period of twenty-four months unless the said period is extended by the Ministry of Environment and Forest by a specific notification;

And whereas after the periodic review of the status of preparation of the Coastal Zone Management Plans, the Central Government is satisfied that it may take some more time for the States and Union territories to submit their respective draft Coastal Zone Management Plans for approval;

And whereas the Central Government, having regard to provision of sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the said rules for amending the said notifications;

New Delhi, the 31st March, 2015

Notification

S.O. 938(E).— Whereas, by notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O. 19 (E), dated the 6th January, 2011 (hereinafter referred to as the said notification), the Central Government had declared certain coastal stretches as Coastal Regulation Zone and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said Zone;

And whereas, under clause (viii) of paragraph 5 of the said notification, the Coastal Zone Management Authority of a State Government or of a Union territory is required to submit the draft Coastal Zone Management Plan along with its recommen- dations to the Ministry of Environment and Forests within a period of six months, i.e., on or before the 30th September, 2013, after incorporating the suggestions and objections received from the stakeholders;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) and sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the said notification, namely:—

In the said Coastal Regulation Zone,

notification, 2011,—

(a) in paragraph 5,—

(i) for item (viii), the following item shall

be substituted, namely:—

"(viii) The Coastal Zone Management Authority of a State or of a Union territory shall submit the draft Coastal Zone Management Plan along with its recommendations to the Ministr y of Environment, Forest and Climate Change, af ter incorporating the suggestions and objections received from the stakeholders".

1976 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

(ii) for item (xii), the following item shall

be substituted, nameIy:—

"(xii) The Coastal Zone Management Plans as already approved by the Ministry of Environment and Forests shall be valid up to the 31st day of January, 2016, or till such time as the approval is given by that Ministry to the fresh Coastal Zone Management Plans made under the said notification, whichever is earlier."

[No. J-17011/18/96-IA-III]

BISHWANATH SINHA, Jt. Secy.

Note: The principal notification was published in the Gazette of India. Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 19(E), dated the 6th January, 2011 and subsequently amended as follows:

1. S.O. 2557(E), dated the 22nd August, 2013;

2. S.O. 1244(E), dated the 30th April, 2014;

3. S.O. 3085(E), dated the 28th November, 2014;

4. S.O. 383(E), dated the 4th February, 2015; and

5. S.O. 556(E), dated the 17th February, 2015;

MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

And whereas, the objections and suggestions received in response to the above mentioned draft notification have been examined by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the said Environment (Protection) Act, 1986 (29 of 1986) read with clause (d) of sub-rule (3) of rule 5 of the said Environment (Protection) Rules, 1986 the Central Government hereby makes the following further amendments in the Coastal Regulation Zone Notification, 2011, namely:—

In the said notification, in paragraph 8, in

sub-paragraph (i),—

(a) the Note and the entries relating

thereto shall be omitted;

(b) in clause II relating to CRZ-II, for sub-clause (ii), the following sub-clause shall be substituted, namely:—

New Delhi, the 16th June, 2015

Notification

S.O. 1599 (E).— Whereas, a draft notification under sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986 for making certain amendments in the Coastal Regulation Zone Notification, 2011, issued vide number S.O. 19(E), dated the 6th January, 2011, was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii) vide number S.O. 937 (E) dated the 31st March, 2015 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public;

And whereas, copies of the said notification were made available to the public on 31st March, 2015;

"(ii) buildings permitted on the landward side of the existing and proposed roads or existing authorised structures shall be subject to the existing local town and country planning regulations as modified from time to time, except the Floor Space Index or Floor Area Ratio, which shall be as per 1991 level:

Provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the seaward side of an existing road:

Provided further that the construction in CRZ-II area of Goa, Kerala and Mumbai shall be governed by the provisions of Clause V of paragraph 8.".

[F. No. J-17011/18/96-IA-III]

BISHWANATH SINHA, Jt. Secy.

1977 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 48 2ND MARCH, 2017

Note: The principal notification was published in

1. S.O. 2557(E), dated the 22nd August, 2013;

the Gazette of India, Extraordinary, Part II, Section 3,

2. S.O. 1244(E), dated the 30th April, 2014;

Sub-section (ii), vide notification number S.O. 19(E),

3. S.O. 3085(E), dated the 28th November, 2014;

dated the 6th Januar y, 2011 and subsequently by

4. S.O. 383(E), dated the 4th February, 2015;

Corrigendum vide S.O. 651(E), dated the 29th March,

5. S.O. 556(E), dated the 17th February, 2015; and

2011 and subsequently by—

6. S.O. 938(E), dated the 31st March, 2015.

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1978
Cite this issue. Goa Gazette, Government of Goa, 02 March 2017. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.1617-48.SI/1617-48-SI-OG-0/. Archive identifier in.goa.egaz.1617-48.SI/1617-48-SI-OG-0.