1953

Panaji, 2nd March, 2017 (Phalguna 11, 1938)

SERIES I No. 48

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

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.

INDEX

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

2ND MARCH, 2017

1954

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.

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.

THE COMPENSATORY AFFORESTATION

FUND ACT, 2016

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.

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

compensatory afforestation, additional

compensatory afforestation, penal compen-

satory afforestation, net present value of the

diverted forest land or catchment area

treatment plan shall be deposited;

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;

35 of 1972.

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1955

And whereas the Supreme Court has

directed that, besides artificial regeneration

(Plantations), the Fund shall also be utilised

for undertaking assisted natural regeneration,

protection

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.

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1956

(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;

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;

(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

the

Central

Government at regional office to

deal with the forest conservation

matters

under

the

Forest

(Conservation) Act, 1980;

(g) “monitoring group” means a group

of experts 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

Compensatory

Afforestation

Fund

Management and Planning Authority

constituted under section 8;

(i) “National Fund” means the National

Compensator y Afforestation Fund

established under sub-section (1) of

section 3;

(j) “net present value” means the

quantification of the environmental

services provided for the forest area

diverted for non-forestry uses, as may be

determined by an expert committee

appointed by the Central Government from

time to time in this regard;

(k)

“penal

compensatory

afforestation” means afforestation

work to be undertaken over

and above the compensatory

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

Compensatory

Afforestation

Fund

Management and Planning Authority

constituted under section 10;

69 of 1980.

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1957

(n) “State Fund” means the State

Compensatory

Afforestation

Fund

established by each State under sub-

-section (1) of section 4;

(o) “State Government” includes Union

territory Administration;

(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 territory

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;

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 hoc

69 of 1980.

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1958

Authority to the State Compensatory

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

the

Forest

(Conservation) Act, 1980; and

(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:—

69 of 1980.

53 of 1972.

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(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;

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;

(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 undertaking

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.

69 of 1980.

35 of 1972.

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1960

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, Ministry of

Environment, Forest and Climate Change,

Government of India —Member, ex officio;

(viii) five Principal Chief Conservator of

Forests, not more than one from each of

the ten regions, to be nominated by the

Ministry of Environment, Forest and

Climate Change, Government of India on

rotation basis for a period of two years, at

a time —Members, ex officio;

(ix) Inspector General of Forests (Forest

Conservation), Ministry of Environment,

Forest and Climate Change, Government

of India —Member, ex officio;

(x) five experts, one each from

environmentalists,

conservationists,

scientists, economists, and social scientists

appointed by the Central Government for

a period of two years subject to not more

than two consecutive terms —Members.

(5) The Central Government may appoint

an officer of the rank of an Additional Director

General of Forests as the Chief Executive

Officer of the National Authority who shall

be the Member-Secretary of the governing

body and the executive committee of the

National Authority.

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;

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1961

(ii) Additional Director General of

Forests (Forest Conservation), Ministry

of Environment, Forest and Climate

Change, Government of India —Member,

ex officio;

(iii) Additional Director General of

Forests (Wildlife), Ministry of Environment,

Forest and Climate Change, Government

of India —Member, ex officio;

(iv) Mission Director, National Mission

for a Green India, Ministry of Environment,

Forest and Climate Change, Government

of India —Member, ex officio;

(v) Financial Adviser, Ministry of

Environment, Forest and Climate Change,

Government of India —Member, ex officio;

(vi) Head of all regional offices of the

Ministry of Environment, Forest and

Climate Change, Government of India —

Members, ex officio;

(vii) Inspector General of Forests (Forest

Conservation), Ministry of Environment,

Forest and Climate Change, Government

of India —Member, ex officio;

(viii) a professional ecologist, not being

from the Central Government, to be

appointed by the Central Government —

Member;

(ix) three experts, one each in the fields

of forestry, tribal development, forest

economy development, not being from the

Central Government, to be appointed by

the Central Government —Members;

(x) Chief Executive Officer of the

National Authority —Member-Secretary.

(3) The monitoring group shall consist of

six experts in the field of environment,

economics, wildlife, forest, remote sensing

and geographical information system and

social sector and the Director General, Forest

Survey of India, Ministry of Environment,

Forest and Climate Change, Government of

India.

(4) The following officers shall be appointed

by the National Authority for a period not

exceeding five years, to assist the executive

committee in performance of its functions and

powers under the Act, namely:—

(i) Joint Chief Executive Officer of the

rank of Inspector General of Forests;

(ii) Financial Advisor and Chief Accounts

Officer of the rank of Director in the

Government of India; and

(iii) Deputy Chief Executive Officers of

the rank of Deputy Inspector General of

Forests.

(5) The governing body of the National

Authority may with the prior concurrence of

the Central Government create posts in the

National Authority at the level of Assistant

Inspector General of Forests and other officials

to assist the executive committee and

monitoring group in performance of its

functions under the Act.

10. Constitution of State Authority.— (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:—

OFFICIAL GAZETTE — GOVT. OF GOA

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1962

(i) Chief Minister of the State and in

case of a Union territory having no

legislature, the Lieutenant Governor or the

Administrator, as the case may be —

Chairperson, ex officio;

(ii) Minister of Forests —Member, ex

officio;

(iii) Chief Secretary —Member, ex officio;

(iv) Principal Secretaries of the

Departments dealing with Environment,

Finance, Planning, Rural Development,

Revenue, Agriculture, Tribal Development,

Panchayati Raj, Science and Technology—

Members, ex officio;

(v) Principal Chief Conservator of Forests

(Head of Forest Force) —Member, ex officio;

(vi) Chief Wildlife Warden —Member, ex

officio;

(6) Principal Secretary in-charge of the

Forest Department in a State shall be

Member Secretary of the State Authority in

such State.

(7) The State Government shall appoint an

officer of the rank not below the rank of a

Chief Conservator of Forests as the Chief

Executive Officer of the State Authority who

shall be the Member-Secretary of the steering

committee and the executive committee of

the State Authority.

11. Steering committee and executive

committee of State Authority.— (1) The

governing body of the State Authority

shall, in performance of its functions and

powers under the Act, be assisted by the

steering committee and the executive

committee.

(2) The steering committee of a State

Authority shall consist of the following,

namely:—

(i) Chief Secretary —Chairperson, ex

officio;

(ii)

Principal

Secretaries

the

Departments dealing with Forests,

Environment, Finance, Planning, Rural

Development, Revenue, Agriculture, Tribal

Development, Panchayati Raj, Science and

Technology —Members, ex officio;

(iii) Principal Chief Conservator of

Forests (Head of Forest Force) —Member,

ex officio;

(iv) Chief Wildlife Warden —Member, ex

officio;

(v) Nodal Officer, the Forest

(Conservation) Act, 1980 —

Member, ex officio;

(vi) Head of the concerned regional office

of the Ministry of Environment, Forest and

Climate Change —Member, ex officio;

(vii) Nodal Officer, State Forest

Development Agency —Member, ex officio;

(viii) an expert on tribal matters or a

representative of tribal communities to be

appointed by the State Government

—Member;

(ix) Chief Executive Officer, State

Authority —Member-Secretary.

(3) The executive committee of a State

Authority shall consist of the following,

namely:—

(i) Principal Chief Conservator of Forests

(Head of Forest Force) —Chairperson, ex

officio;

(ii) Chief Wildlife Warden —Member, ex

officio;

(iii) an officer not below the rank of a

Chief Conservator of Forests dealing with

forest and wildlife related schemes

—Member, ex officio;

(iv) an officer not below the rank of a

Chief Conservator of Forests dealing with

forestry research —Member, ex officio;

(v)

Nodal

Officer,

State

Forest

Development Agency —Member, ex officio;

69 of 1980.

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(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 and

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1964

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 and

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1965

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

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

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-departmental 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)

undertake

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 reports to the steering

committee of the State Authority;

OFFICIAL GAZETTE — GOVT. OF GOA

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1966

(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.

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:

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.

(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 territory

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.

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1967

(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

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.

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1968

(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 Compensatory 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, conserved 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

legislature,

the

Central

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 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;

purposes specified in clause (b) of section 6;

(d) the manner of utilising the money

for purposes specified in clause (c) of

section 6;

(e) the manner of payment of the salary

and allowances payable to the officers and

other employees of the State Authority

under clause (f) of section 6;

(f) the accounting procedure regulating

the manner of crediting the monies to the

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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 arising

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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

Compensatory

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

Compensatory

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

Compensatory

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 to

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1971

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

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. Deputy Director of Mines

15,600-39,100 + G.P. 5,400/-

2853—Non Ferrous Mining &

2. Assistant Mining Engineer

9,300-34,800 + G.P. 4,600/-

Metallurgical Industries;

3. Senior Technical Assistant

9,300-34,800 + G.P. 4,600/-

02— Regulation and Develop-

4. Surveying Officer

9,300-34,800 + G.P. 4,200/-

ment of Mines;

5. Statistical Officer

9,300-34,800 + G.P. 4,200/-

001—Direction and Administration;

6. Research Assistant

9,300-34,800 + G.P. 4,200/-

01—Mines Development (Non-Plan);

7. Assistant Geologist

9,300-34,800 + G.P. 4,200/-

01—Salaries.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

2ND MARCH, 2017

1972

8. Assistant Accounts Officer

9,300-34,800 + G.P. 4,600/-

2853—Non Ferrous Mining &

Metallurgical Industries;

9. Assistant Geologist

9,300-34,800 + G.P. 4,200/-

02— Regulation and Develop-

ment of Mines;

10. Surveying Officer

9,300-34,800 + G.P. 4,200/-

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

New Delhi, the 7th May, 2014

Notification

S. O. 1244 (E).— Whereas by notification of

the Government of India in the 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 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 Ministry of

Environment and Forests on or before the 30th

September, 2013, after incorporating the

suggestions and objections received from the

stakeholders.

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.

And whereas the Central Government,

having regard to the provision of sub-rule (4)

of rule 5 of the Environment (Protection)

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

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1973

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;

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,

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

be substituted, namely:—

“(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 Ministry 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.

Explanatory Memorandum—

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 and

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, Extraordinary, Part II,

Section 3, Sub-section (ii), vide number S.O. 19(E),

dated the 6th January, 2011.

————

MINISTRY OF ENVIRONMENT, FORESTS

AND CLIMATE CHANGE

New Delhi, the 28th November, 2014

Notification

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;

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

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1974

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) after 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”

(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.

MINISTRY OF ENVIRONMENT, FORESTS

AND CLIMATE CHANGE

(COASTAL REGULATION ZONE)

New Delhi, the 4th February, 2015

Notification

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

S.O. 556(E).— Whereas, a draft notification

further 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 the

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

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1975

Gazette of India, Extraordinary, 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

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), draft 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;

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-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

2ND MARCH, 2017

1976

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

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;

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;

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 Ministry of

Environment, Forest and Climate Change,

after incorporating the suggestions

and objections received from the

stakeholders”.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

2ND MARCH, 2017

1977

(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

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;

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:—

“(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 48

2ND MARCH, 2017

1978

Note: The principal notification was published in

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

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

dated the 6th January, 2011 and subsequently by

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

2011 and subsequently by—

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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;

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

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