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Union of India - Section

Section 5 in Compensatory Afforestation Fund Rules, 2018

5. Manner of utilisation of net present value.

(1)The monies received towards net present value deposited in the State Fund shall be used in the manner provided in sub-rule (2) and sub-rule (3).
(2)Not less than eighty per cent. of the monies referred to in sub-rule (1) shall be used for following activities for the forest and wildlife management in a State, namely:-
(a)assisted natural regeneration;
(b)artificial regeneration ;
(c)silvicultural operations in forests;
(d)protection of plantations and forests;
(e)pest and disease control in forest;
(f)forest fire prevention and control operations;
(g)soil and moisture conservation works in the forest;
(h)voluntary relocation of villages from protected areas;
(i)improvement of wildlife habitat as provided in the approved wildlife management plan or working plan;
(j)planting and rejuvenation of forest cover on non-forest land falling in wildlife corridors;
(k)establishment, operation and maintenance of animal rescue centre and veterinary treatment facilities for wild animals;
(l)supply of wood-saving cooking appliances and other forest produce saving devices in forest fringe villages as specified by the National Authority from time to time;
(m)management of biological diversity and biological resource.
Explanation. - In cases where funds towards wildlife management and conservation plans are specifically collected and deposited in State Fund, then the same shall be spent for wildlife management in specified wildlife area and not from the net present value.
(3)Not more than twenty per cent. of the monies referred to in sub-rule (1) shall be utilised for strengthening of the forest and wildlife related infrastructure, capacity building of the personnel involved in utilisation of State Fund namely: -
(a)establishment, up-gradation and maintenance of modern nurseries and other planting stock production facilities for production of quality planting materials;
(b)promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land and folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity.
(c)purchase and maintenance of equipment or devices used for communication and information technology for the purpose of protection of forest and wildlife;
(d)construction, up-gradation and maintenance of inspection paths, forest roads in forest area, fire lines, watch towers, check posts and timber depots;
(e)construction of residential and official buildings in forests for front line staffs deployed for protection of forest and wildlife;
(f)casual engagement of local people or labours to assist regular staff of State Forest Department for works for protection of forest and wildlife undertaken from State Fund;
(g)survey and mapping of forest areas for forest fire control, compensatory afforestation works, soil and moisture conservation, catchment area treatment and wildlife management for preparing annual plans to be executed from the State Fund;
(h)independent concurrent monitoring and evaluation and third party monitoring of various works undertaken from State Fund;
(i)publicity-cum-awareness programme and exhibition on the various schemes being implemented by the State Authority from State Fund;
(j)production and distribution of quality planting material through certified nurseries at subsidised price for promotion of trees outside forests on Government lands promoted by State Government;
(k)forest certification and development of certification standards:
Provided that in case the activities referred to in sub rules (2) and (3) are to be undertaken in the forest land under the administrative control of the Forest Department of State Government, then the said activities shall be carried out as per the working plan:Provided further that the said activities over forest land under the control of State Forest Department of State Government and being managed as per the working plan shall be taken up in consultation with the Gram Sabha or Village Forest Management Committee, as the case may be, and shall be inconsonance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) and the guidelines issued thereunder, wherever applicable:Provided also that in case the said activities are to be undertaken in areas not covered by the approved working plan then activities referred to in sub rules (2) and (3)shall be taken up in consultation with concerned Gram Sabha or Village Forest Management Committee or any authority having jurisdiction over that area, as the case may be, and shall be in consonance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) and guidelines issued thereunder, wherever applicable.
(4)The monies referred to in sub-rule (1) shall not be used for following activities, namely:-
(a)payment of salary, travelling allowances, medical expenses, etc. to regular, contractual and casual employees of the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund;
(b)undertaking foreign visits;
(c)payment for legal services for defending cases filed in Tribunals or Courts not related to the management of State Authority;
(d)purchase of vehicles or staff cars for officers and heavy vehicles and machines for the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund;
(e)construction of residential and official buildings for officers above the Forest Range Officer of the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund;
(f)leasing, hiring and purchase of land for afforestation purposes;
(g)purchase of furniture, office equipment, fixtures including air conditioners, and generator sets for residences and offices of the State Forest Department for implementing programmes in various forest divisions undertaken from the State Fund;
(h)mandatory afforestation as per the working plan in the forest in blanks created by commercial felling of trees for revenue generation undertaken under working plan prescription;
(i)undertaking forest and wildlife conservation and other activities undertaken under other schemes of the Government for the purpose of part financing the scheme for completing left over works or complementary works of such schemes;
(j)establishment, expansion and up-gradation of zoo and wildlife safari;
(k)providing financial support, either by way of grant or equity to existing or for setting up new forest corporations, boards, etc.
Explanation 1. - While preparing the annual plan of operation for activities referred to in this rule,-
(a)priority shall be given to undertake identified activities in those villages which have been affected due to diversion of forest land;
(b)priority shall be given to undertake those identified activities which has employment potential for local communities and creates community assets for the benefit of local community;
(c)afforestation and plantation of indigenous plant species shall be undertaken in consultation with the local community dependent on forest.
Explanation 2. - The mixing of the monies received towards net present value shall not be allowed with any other state schemes under implementation from any other budget either for capital or spill over works and the works undertaken under sub-rule (2) and sub-rule (3) shall be on standalone basis and there shall not be any duplication of permitted works under different components.