Page 7 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
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DISCUSSION PAPER
constituting a “Compensatory Afforestation Funds Keeping in view the observations of the Committee,
Management and Planning Authority (CAMPA)” as the MoE&F introduced The Compensatory
an authority under Section 3(3) of the Environment Afforestation Fund Bill 2015 (“CAF Bill 2015” in
(Protection) Act, 1986. The Court in its judgement short) in Parliament in May 2015 in place of the 2008
of September 26, 2005, affirmed that the payment to Bill which had lapsed. The 2015 Bill addressed many
CAMPA under the notification dated April 23, 2004, of the shortcomings of the 2008 Bill, particularly
is constitutional and valid, and the various clauses of the perception of excessive centralisation, clearly
CAMPA should be suitably modified in terms of the inappropriate in the context of “forest” being a
judgment within a period of one month. Concurrent subject. The Bill essentially sought to
create Funds and institutional structures at both
To better regulate the matter, the Ministry Central and State level. The Bill was referred to
of Environment and Forest drafted a legislation the Department-related Parliamentary Standing
“The Compensatory Afforestation Fund Bill, Committee (DRPSC) on Science & Technology,
2008” to achieve the same general objective. As Environment & Forests soon after it was introduced
mentioned in the Preamble to the Bill: ”NOW, in Lok Sabha in May 2015. The Standing Committee
THEREFORE, based on the above orders, directions and submitted its report in February 2016, proposing
observations of the Supreme Court, it is proposed some changes to the Bill. The DRPSC suggested
to create a Compensatory Afforestation Fund that the Fund should not be used for the Green
Management and Planning Authority by an Act of India Programme, which has its own budgetary
Parliament under Entry 17A of the Concurrent List of allocation. Other suggestions included making a
the Seventh Schedule to the Constitution, to implement list of environmental services inclusive; using native
the directions of the Supreme Court to create a Fund species in plantations; clear definition of
namely, Compensatory Afforestation Fund, to bring all infrastructure and allied activities to avoid any
the funds so far collected under this Fund, and to create ambiguity and to ensure that money is spent for
the Compensatory Afforestation Fund Management forest restoration, protection and management;
and Planning Authority.” facilitating voluntary relocation of people from
protected areas through the fund; approval of the
The Bill was examined by the Department–related Annual Plan Operations submitted by the State
Parliamentary Standing Committee for Science & Authorities in a definite timeframe; prior consultation
Technology, Environment & Forests, which in its with States before rules are framed; and reducing
Report dated October 22, 2008, concluded as follows: the share of funds (from 10% to 5%) into National
Compensatory Afforestation Fund;
“19 The Committee is of the opinion that the
establishment of such a fund, in the manner While most of these suggestions were incorporated
proposed in the bill, will allow the Central in the revised Bill, two important recommendations
Government to exercise hegemony through were not included. These are with respect to leaving
concentration of financial power with the Central out Green India Programme from the scope of activities
Government and encroach upon the normal and reducing share of the National Fund. The revised
powers and functions of the State governments. Bill was passed by Lok Sabha and Rajya Sabha in May
The Committee also expresses its serious concern and July 2016, respectively. The main features of the
over the fact that the Central Government may Compensatory Afforestation Fund Act, 2016
completely bypass the duly elected State (CAF Act), are enumerated in Box 4. The draft CAF
Governments and the various state bodies Rules formulated by the Government have not been
and provide funds directly to the Joint Forest finalized so far. It is beyond the scope of the present
Management Committees, for the implementation paper to look at the provisions of the draft Rules in
of the afforestation programmes of the states, detail; however it must be noted that the draft Rules
thereby undermining the very concept of federalism provide that the Annual Report and audited accounts
which is enshrined in our constitution. The role of the National Fund shall be presented in Parliament.
of local bodies such as Gram Panchayats/Gram There is a similar provision with respect to laying of the
Sabhas, etc., has been completely ignored in the
Bill.”
OCTOBER 2017 7
constituting a “Compensatory Afforestation Funds Keeping in view the observations of the Committee,
Management and Planning Authority (CAMPA)” as the MoE&F introduced The Compensatory
an authority under Section 3(3) of the Environment Afforestation Fund Bill 2015 (“CAF Bill 2015” in
(Protection) Act, 1986. The Court in its judgement short) in Parliament in May 2015 in place of the 2008
of September 26, 2005, affirmed that the payment to Bill which had lapsed. The 2015 Bill addressed many
CAMPA under the notification dated April 23, 2004, of the shortcomings of the 2008 Bill, particularly
is constitutional and valid, and the various clauses of the perception of excessive centralisation, clearly
CAMPA should be suitably modified in terms of the inappropriate in the context of “forest” being a
judgment within a period of one month. Concurrent subject. The Bill essentially sought to
create Funds and institutional structures at both
To better regulate the matter, the Ministry Central and State level. The Bill was referred to
of Environment and Forest drafted a legislation the Department-related Parliamentary Standing
“The Compensatory Afforestation Fund Bill, Committee (DRPSC) on Science & Technology,
2008” to achieve the same general objective. As Environment & Forests soon after it was introduced
mentioned in the Preamble to the Bill: ”NOW, in Lok Sabha in May 2015. The Standing Committee
THEREFORE, based on the above orders, directions and submitted its report in February 2016, proposing
observations of the Supreme Court, it is proposed some changes to the Bill. The DRPSC suggested
to create a Compensatory Afforestation Fund that the Fund should not be used for the Green
Management and Planning Authority by an Act of India Programme, which has its own budgetary
Parliament under Entry 17A of the Concurrent List of allocation. Other suggestions included making a
the Seventh Schedule to the Constitution, to implement list of environmental services inclusive; using native
the directions of the Supreme Court to create a Fund species in plantations; clear definition of
namely, Compensatory Afforestation Fund, to bring all infrastructure and allied activities to avoid any
the funds so far collected under this Fund, and to create ambiguity and to ensure that money is spent for
the Compensatory Afforestation Fund Management forest restoration, protection and management;
and Planning Authority.” facilitating voluntary relocation of people from
protected areas through the fund; approval of the
The Bill was examined by the Department–related Annual Plan Operations submitted by the State
Parliamentary Standing Committee for Science & Authorities in a definite timeframe; prior consultation
Technology, Environment & Forests, which in its with States before rules are framed; and reducing
Report dated October 22, 2008, concluded as follows: the share of funds (from 10% to 5%) into National
Compensatory Afforestation Fund;
“19 The Committee is of the opinion that the
establishment of such a fund, in the manner While most of these suggestions were incorporated
proposed in the bill, will allow the Central in the revised Bill, two important recommendations
Government to exercise hegemony through were not included. These are with respect to leaving
concentration of financial power with the Central out Green India Programme from the scope of activities
Government and encroach upon the normal and reducing share of the National Fund. The revised
powers and functions of the State governments. Bill was passed by Lok Sabha and Rajya Sabha in May
The Committee also expresses its serious concern and July 2016, respectively. The main features of the
over the fact that the Central Government may Compensatory Afforestation Fund Act, 2016
completely bypass the duly elected State (CAF Act), are enumerated in Box 4. The draft CAF
Governments and the various state bodies Rules formulated by the Government have not been
and provide funds directly to the Joint Forest finalized so far. It is beyond the scope of the present
Management Committees, for the implementation paper to look at the provisions of the draft Rules in
of the afforestation programmes of the states, detail; however it must be noted that the draft Rules
thereby undermining the very concept of federalism provide that the Annual Report and audited accounts
which is enshrined in our constitution. The role of the National Fund shall be presented in Parliament.
of local bodies such as Gram Panchayats/Gram There is a similar provision with respect to laying of the
Sabhas, etc., has been completely ignored in the
Bill.”
OCTOBER 2017 7
