Page 8 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 8
DISCUSSION PAPER
Annual Report and audited accounts of the State Fund
in the State Legislature.
The Wild Life (Protection) Act 1972
The legislation is based on a Resolution of the
Legislature of 11 States, invoking Article 252 of the
Constitution that provides for Parliament to pass a
common law for two or more States making such a
request by a resolution of the State Legislature. The
Act initially applied to only those State Governments
whose Legislatures passed the requisite resolution
under article 252 of the Constitution, but was
later extended to all States through the Wild Life
(Protection) Amendment Act 1991, passed after
the subject was brought into the Concurrent List.
The original architecture of the 1972 Act was as
enumerated in Box 5, and essentially provides
for State as well as Central roles and empowered
authorities, with the State Government being given
operational powers and enough jurisdiction to frame
Rules on operational matters:
Box 4: The Compensatory Afforestation Fund Act, 2016 (CAF Act)
There shall be a National Compensatory Afforestation Fund at Central level and a State Compensatory Afforestation Fund at State level;
along with a National Compensatory Fund Authority and a State Compensatory Fund Authority;
All payments towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net
present value, catchment area treatment plan or any money for compliance of conditions stipulated by the Central Government while
according approval under the provisions of the Forest (Conservation) Act, 1980, or due under the Wild Life (Protection) Act, 1972, as a
consequence to be credited to the State Fund, and 10% transferred to the National Fund;
State Fund to 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; interest may be used for meeting the expenses of the
State Authority. The National Authority will approve annual plan of operations of the State Authorities for the purpose within three
months of receipt;
The National Fund to be used for meeting the expenses of the National Authority or for a “scheme’’, including any institute, society,
centre of excellence in the field of forest and wildlife, pilot schemes, standardization of codes and guidelines, and such other related
activities for the forestry and wildlife sector;
The Annual Report of the National Authority shall be laid in Parliament and of the State Authority in the State Legislature; the accounts
shall be audited by the Comptroller and Auditor-General of India.
The Central Government, in consultation with the State Governments, may make rules for the management of the National Fund by
the National Authority and of the State Fund by the State Authorities. It may also make rules for the conduct of business by the National
and State Authorities and their organs;
The Central Government may, from time to time, by writing give such directions to the National Authority and each State Authority,
as it may think necessary;
In the Statement of Objects and Reasons, the Ministry has stated that the Honourable Supreme Court, in its judgment dated the
September 26, 2005, in the case T.N. Godavarman Thirumulpad vs. Union of India [Writ Petition (C) No. 202 of 1995], observed that
the fund generated for protecting ecology and providing regeneration should not be treated as a fund under Article 266 or Article
283 of the Constitution. The Funds are therefore kept outside the Consolidated Fund of India or Public Account of India.
8 OCTOBER 2017
Annual Report and audited accounts of the State Fund
in the State Legislature.
The Wild Life (Protection) Act 1972
The legislation is based on a Resolution of the
Legislature of 11 States, invoking Article 252 of the
Constitution that provides for Parliament to pass a
common law for two or more States making such a
request by a resolution of the State Legislature. The
Act initially applied to only those State Governments
whose Legislatures passed the requisite resolution
under article 252 of the Constitution, but was
later extended to all States through the Wild Life
(Protection) Amendment Act 1991, passed after
the subject was brought into the Concurrent List.
The original architecture of the 1972 Act was as
enumerated in Box 5, and essentially provides
for State as well as Central roles and empowered
authorities, with the State Government being given
operational powers and enough jurisdiction to frame
Rules on operational matters:
Box 4: The Compensatory Afforestation Fund Act, 2016 (CAF Act)
There shall be a National Compensatory Afforestation Fund at Central level and a State Compensatory Afforestation Fund at State level;
along with a National Compensatory Fund Authority and a State Compensatory Fund Authority;
All payments towards compensatory afforestation, additional compensatory afforestation, penal compensatory afforestation, net
present value, catchment area treatment plan or any money for compliance of conditions stipulated by the Central Government while
according approval under the provisions of the Forest (Conservation) Act, 1980, or due under the Wild Life (Protection) Act, 1972, as a
consequence to be credited to the State Fund, and 10% transferred to the National Fund;
State Fund to 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; interest may be used for meeting the expenses of the
State Authority. The National Authority will approve annual plan of operations of the State Authorities for the purpose within three
months of receipt;
The National Fund to be used for meeting the expenses of the National Authority or for a “scheme’’, including any institute, society,
centre of excellence in the field of forest and wildlife, pilot schemes, standardization of codes and guidelines, and such other related
activities for the forestry and wildlife sector;
The Annual Report of the National Authority shall be laid in Parliament and of the State Authority in the State Legislature; the accounts
shall be audited by the Comptroller and Auditor-General of India.
The Central Government, in consultation with the State Governments, may make rules for the management of the National Fund by
the National Authority and of the State Fund by the State Authorities. It may also make rules for the conduct of business by the National
and State Authorities and their organs;
The Central Government may, from time to time, by writing give such directions to the National Authority and each State Authority,
as it may think necessary;
In the Statement of Objects and Reasons, the Ministry has stated that the Honourable Supreme Court, in its judgment dated the
September 26, 2005, in the case T.N. Godavarman Thirumulpad vs. Union of India [Writ Petition (C) No. 202 of 1995], observed that
the fund generated for protecting ecology and providing regeneration should not be treated as a fund under Article 266 or Article
283 of the Constitution. The Funds are therefore kept outside the Consolidated Fund of India or Public Account of India.
8 OCTOBER 2017
