Chapter I PRELIMINARY

(1) This Act may be called the Compensatory Afforestation Fund Act, 2016. (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.

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; (c) “Chairperson, State Authority” means the Chairperson of the governing body of the State Authority; (d) “compensatory afforestation” means afforestation done in lieu of the diversion of forest land for non-forestry use under the Forest (Conservation) Act, 1980 (69 of 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 ecosystem services, biodiversity, nutrient cycling and primary production including pollination and seed dispersal; (f) “Head of the regional office” means the senior-most officer appointed by the Central Government at regional office to deal with the forest conservation matters under the Forest (Conservation) Act, 1980 (69 of 1980); (g) “monitoring group” means a group of experts to monitor the activities undertaken from amounts released from the National Fund and State Fund constituted 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 Compensatory 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 (69 of 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; (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 (Conservation) Act, 1980 (69 of 1980) and the rules made and guidelines issued, thereunder.