Transfer of forest land for non-forest purposes is being regulated under Forest (Conservation) Act (FCA) 1980 since 31 October 2019; prior to that it used to be regulated under J&K Forest (Conservation) Act 1997. User agencies are required to pay cost of Compensatory Afforestation in lieu of the forest land diverted for non-forest purposes. Besides, the value of ecosystem goods and services of forests lost due to diverted lands, termed ‘Net Present Value’ or NPV is charged from user agencies.
In accordance with the guidelines issued by ad-hoc CAMPA, Ministry of Environment, Forest & Climate Change on 2.7.2009, J&K CAMPA was set up vide SRO-354 dated 11.11.2009. The execution of CAMPA works in J&K started from the year financial 2010-11. The financial year 2022-23 is the 13th year of its execution.
Later, based on the orders and directions of Hon’ble Supreme Court in the T.N. Godavarman Thirumulpad Vs. Union of India and Others [Writ Petition (Civil) No. 202 of 1995], dated the 30th October, 2002, the Compensatory Afforestation Fund (CAF) Act, 2016 was notified by MoEF&CC on 03.08.2016 and CAF Rules, 2018 were notified on 10.8.2018 and both came into force in the UT of Jammu and Kashmir w.e.f 31 October 2019. After coming into force of the CAF Act 2016, ad-hoc CAMPA has been dissolved and National Authority, MoEF&CC has been constituted. Establishment of J&K CAMPA (State Authority) under provisions of the CAF Act, 2016 has been notified by the MoEF&CC vide S.O. 118 (E) Dated 8 January 2020.
The CAF Act, 2016 provides that the State Authority shall have following structure: The Governing body headed by Hon’ble Chief Minister (or Lt Governor for the UT of J&K during the President’s rule) and Ministers/officers as ex-officio members, and Principal Secretary (Forest) as Member Secretary (Composition: Section 10 (5) of the CAF Act 2016)
Governing body shall be assisted by following committees:
In terms of Section-4 of the CAF Act 2016, the Union Territory of J&K has notified establishment of State Fund (Compensatory Afforestation Fund) under its interest bearing public account vide Notification dated 29 November 2019 having following heads of accounts:
Till coming into force of the CAF Act 2016 and the CAF Rules 2018 w.e.f. 30 September 2019, the NPV amount received by J&K CAMPA from user agencies used to be transferred to ad-hoc CAMPA, which in turn used to release money equivalent to 10% of the principal amount lying to the credit of J&K CAMPA with that Authority for execution of works as per Annual Plan of Operations.
Since notification of the State Fund under public account, all monies received from user agencies in lieu of diversion of forest lands for non-forest purpose under the Forest (Conservation) Act, 1980 and from National Authority, MoEF&CC are being deposited in the said public account. CAMPA expenditure is also being incurred from the said account.
In respect of monies received from user agencies for Compensatory Afforestation (CA) including additional & penal CA, Annual Plan of Operation (APO), as per the project-wise CA amount received is prepared.
Wildlife Protection Department prepares APOs for wildlife conservation and related infrastructure development and capacity building in accordance with the site specific plan approved at the time of diversion of land in Protected Areas
Rule- 6 of CAF Rules, 2018 provide for manner in which interest accrued on the deposits in the State Fund shall be utilised. Rule 6 (a) provides that not less than 60% of the accrued interest shall be utilised on forest and wildlife conservation activities and for meeting salary and allowances of regular and contractual staff of CAMPA. Rule 6 (b) provides that not more than 40% of the interest on deposits in the State Fund shall be spent for meeting the non-recurring and recurring expenditure of the State Authority on management of office expenses, purchase of office equipment, hiring of staff car and other contingency