MINISTRY OF LAW AND JUSTICE
(Legislative Department)
The following Act of
Parliament received the assent of the President on
THE BIOLOGICAL DIVERSITY ACT,
2002
No. 18 OF 2003
[
An Act to provide for
conservation of biological diversity, sustainable use of its components and
fair and equitable sharing of the benefits arising out of the use of biological
resources, knowledge and for matters connected therewith or incidental thereto.
WHEREAS
AND WHEREAS
AND WHEREAS the said
Convention came into force on
AND WHEREAS the said
Convention reaffirms the sovereign rights of the States over their biological
resources;
AND WHEREAS the said
Convention has the main objective of conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of the
benefits arising out of utilization of genetic resources;
AND
WHEREAS it is considered necessary to provide for conservation, sustainable
utilization and equitable sharing of the benefits arising out of utilization of
genetic resources and also to give effect to the said Convention.
BE it enacted by
Parliament in the Fifty‑third Year of the
CHAPTER - I
Preliminary
1. Short title,
extent and commencement
(1) This Act may be
called the Biological Diversity Act, 2002.
(2) It extends to the
whole of
(3) It shall come
into force on such date as the Central Government may, by notification in the
Official Gazette, appoint:
Provided that
different dates may be appointed for different provisions of this Act and any
reference in any such provision to the commencement of this Act shall be
construed as a reference to the coming into force of that provision.
2. Definitions
In this Act, unless
the context otherwise requires,–
(a) "benefit
claimers" means the conservers of biological resources, their byproducts,
creators and holders of knowledge and information relating to the use of such
biological resources, innovations and practices associated with such use and
application;
(b) "biological
diversity" means the variability among living organisms from all sources
and the ecological complexes of which they are part, and includes diversity
within species or between species and of eco‑systems;
(c) "biological
resources" means plants, animals and micro‑organisms or parts
thereof, their genetic material and by‑products (excluding value added
products) with actual or potential use or value, but does not include human
genetic material;
(d) "bio‑survey and bio‑utilization" means
survey or collection of species, subspecies, genes, components and extracts of
biological resource for any purpose and includes characterization, inventorisation and bioassay;
(e) "Chairperson"
means the Chairperson of the National Biodiversity Authority or, as the case
may be, of the State Biodiversity Board;
(f) "commercial
utilization" means end uses of biological resources for commercial
utilization such as drugs, industrial enzymes, food flavours,
fragrance, cosmetics, emulsifiers, oleoresins, colours,
extracts and genes used for improving crops and livestock through genetic
intervention, but does not include conventional breeding or traditional
practices in use in any agriculture, horticulture, poultry, dairy farming,
animal husbandry or bee keeping;
(g) "fair and equitable benefit sharing" means sharing of
benefits as determined by the National Biodiversity Authority under section 2
1;
(h) "local
bodies" means Panchayats and Municipalities, by
whatever name called, within the meaning of clause (1) of article 243B and
clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of self‑government
constituted under any other provision of the Constitution or any Central Act or
State Act;
(i) "member" means a member of the National Biodiversity
Authority or a State Biodiversity Board and includes the Chairperson;
(j) "National
Biodiversity Authority" means the National Biodiversity Authority
established under section 8;
(k) "prescribed" means prescribed by rules made 1 under this
Act;
(l) "regulations" means regulations made under this Act;
(m) "research"
means study or systematic investigation of any biological resource or
technological application, that uses biological systems, living organisms or
derivatives thereof to make or modify products or processes for any use;
(n) "State
Biodiversity Board" means the State Biodiversity Board established under
section 22;
(o) "sustainable
use" means the use of components of biological diversity in such manner
and at such rate that does not lead to the long‑term decline of the
biological diversity thereby maintaining its potential to meet the needs and
aspirations of present and future generations;
(p) "value added products" means products which may contain
portions or extracts of plants and animals in unrecognizable and physically
inseparable form.
CHAPTER - II
Regulation of Access
to Biological Diversity
Certain persons not to undertake Biodiversity related activities
without approval of National Biodiversity Authority
3. (1) No
person referred to in sub‑section (2) shall, without previous approval of
the National Biodiversity Authority, obtain any biological resource occurring
in India or knowledge associated thereto for research or for commercial utilization
or for bio‑survey and bio‑utilization.
(2) The persons who
shall be required to take the approval of the National Biodiversity Authority
under sub‑section (1) are the following, namely:
(a)
a person
who is not a citizen of
(b)
a citizen
of
(c)
a body
corporate, association or organization-
(i) not incorporated or registered in
(ii)
incorporated
or registered in
Results of research not to be transferred to certain persons
without approval of National Biodiversity Authority
4. No person shall,
without the previous approval of the National Biodiversity Authority, transfer
the results of any research relating to any biological resources occurring in,
or obtained from, India for monetary consideration or otherwise to any person
who is not a citizen of India or citizen of India who is non‑resident as
defined in clause (30) of section 2 of the Income‑tax Act, 1961 or a body
corporate or organization which Is not registered or incorporated in India or
which has any non‑Indian participation in its share capital or
management.
Explanation.‑
For the purposes of this section, "transfer" does not include publication
of research papers or dissemination of knowledge in any seminar or workshop, if
such publication is as per the guidelines issued by the Central Government.
Sections 3 and 4 not to apply to certain collaborative research
projects
5.(1) The provisions of sections 3 and 4 shall not apply to
collaborative research projects involving transfer or exchange of biological
resources or information relating thereto between institutions, including
Government sponsored institutions of India, and such institutions in other
countries, if such collaborative research projects satisfy the conditions
specified in sub‑section (3).
(2) All collaborative
research projects, other than those referred to in sub‑section (1) which
are based on agreements concluded before the commencement of this Act and in
force shall, to the extent the provisions of agreement are inconsistent with
the provisions of this Act or any guidelines issued under clause (a) of sub‑section
(3), be void.
(3) For the purposes
of sub‑section (1), collaborative research projects shall-
(a) conform to the policy guidelines issued by the Central
Government in this behalf;
(b) be approved by the Central Government.
Application for intellectual property rights not to be made
without approval of National Biodiversity Authority
6.(1) No person shall apply for any intellectual
property right, by whatever name called, in or outside India for any invention
based on any research or information on a biological resource obtained from
India without obtaining the previous approval of the National Biodiversity
Authority before making such application.
Provided
that if a person applies for a patent, permission of the National Biodiversity
Authority may be obtained after the acceptance of the patent but before the seating
of tile patent by the patent authority concerned:
Provided further that the National Biodiversity Authority shall
dispose of the application for permission made to it within a period of ninety
days from the date of receipt thereof.
(2) The National
Biodiversity Authority may, while granting the approval under this section,
impose benefit sharing fee or royalty or both or impose conditions including
the sharing of financial benefits arising out of the commercial utilization of
such rights.
(3) The provisions of
this section shall not apply to any person making an application for any right
under any law relating to protection of plant varieties enacted by Parliament.
(4) Where any right
is granted under law referred to in sub‑section (3), the concerned
authority granting such right shall endorse a copy of such document granting
the right to the National Biodiversity Authority.
Prior intimation to State Biodiversity Board for obtaining
biological resource for certain purposes
7. No person, who is a citizen of
Provided that the provisions of this section shall not apply to
the local people and communities of the area, including growers and cultivators
of biodiversity, and vaids and hakims,
who have been practicing indigenous medicine.
CHAPTER - III
National Biodiversity
Authority
Establishment of National Biodiversity Authority
8.(1) With effect from such date as the Central
Government may, by notification in the Official Gazette, appoint, there shall
be established by the Central Government for the purposes of this Act, a body
to be called the National Biodiversity Authority.
(2) The National
Biodiversity Authority shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire, hold and dispose
of property, both movable and immovable, and to contract, and shall by the said
name sue and be sued.
(3) The head office
of the National Biodiversity Authority shall be at Chennai and the National
Biodiversity Authority may, with the previous approval of the Central
Government, establish offices at other places in
(4) The National
Biodiversity Authority shall consist of the following members,
(a) a Chairperson,
who shall be an eminent person having adequate knowledge and experience in the
conservation and sustainable use of biological diversity and in matters
relating to equitable sharing of benefits, to be appointed by the Central
Government;
(b) three ex officio
members to be appointed by the Central Government, one representing the
Ministry dealing with Tribal Affairs and two representing the Ministry dealing
with Environment and Forests of whom one shall be the Additional Director
General of Forests or the Director General of Forests;
(c) seven ex officio members to be appointed by the Central
Government to represent respectively the Ministries of the Central Government
dealing with –
(i) Agricultural Research and
Education;
(ii) Biotechnology;
(iii) Ocean Development;
(iv) Agriculture
and Cooperation;
(v) Indian Systems of Medicine and Homoeopathy;
(vi) Science
and Technology;
(vii) Scientific and Industrial Research;
(d) five non‑official
members to be appointed from amongst specialists and scientists having special
knowledge of, or experience in, matters relating to conservation of biological
diversity, sustainable use of biological resources and equitable sharing of
benefits arising out of the use of biological resources, representatives of
industry, conservers, creators and know ledge‑holders of biological
resources.
Conditions of service of Chairperson and members
9. The
term of office and conditions of service of the Chairperson and the other
members other than ex officio members
of the National Biodiversity Authority shall be such as may be prescribed by
the Central Government.
Chairperson to be Chief Executive of National Biodiversity
Authority
10. The
Chairperson shall be the Chief Executive of the National Biodiversity Authority
and shall exercise such powers and perform such duties, as may be prescribed.
Removal of members
11. The
Central Government may remove from the National Biodiversity Authority any
member who, in its opinion, has-
(a)
been
adjudged as an insolvent; or
(b)
been
convicted of an offence which involves moral turpitude; or
(c)
become
physically or mentally incapable of acting as a member; or
(d)
so abused
his position as to render his continuance in office detrimental to the public
interest; or
(e)
acquired
such financial or other interest as is likely to affect prejudicially his
functions as a member.
Meetings of National Biodiversity Authority
12. (1) The National
Biodiversity Authority shall meet at such time and place and shall observe such
rules of procedure in regard to the transaction of business at its meetings
(including the quorum at its meetings) as may be prescribed.
(2) The Chairperson
of the National Biodiversity Authority shall preside at the meetings of the
National Biodiversity Authority.
(3) If for any reason
the Chairperson is unable to attend any meeting of the National Biodiversity
Authority, any member of the National Biodiversity Authority chosen by the
members present at the meeting shall preside at the meeting.
(4) All questions
which come before any meeting of the National Biodiversity Authority shall be
decided by a majority of votes of the members present and voting and in the
event of equality of votes, the Chairperson or, in his absence, the person
presiding, shall have and exercise a second or casting vote.
(5) Every member who
is in any way, whether directly, indirectly or personally, concerned or
interested in a matter to be decided at the meeting shall disclose the nature
of his concern or interest and after such disclosure, the member concerned or
interested shall not attend that meeting.
(6) No act or
proceeding of the National Biodiversity Authority shall be invalidated merely
by reason of-
(a) any vacancy in, or any defect in the constitution of, the
National Biodiversity Authority; or
(b) any defect in the appointment of a person acting as a
member; or
(c) any irregularity in the procedure of the National
Biodiversity Authority not affecting the merits of the case.
Committees of National Biodiversity Authority
13. (1) The National Biodiversity Authority may constitute a
committee to deal with agro‑biodiversity.
Explanation‑
For the purposes of this sub‑section, "agro‑biodiversity"
means biological diversity, of agriculture related species and their wild
relatives.
(2) Without prejudice
to the provisions of sub‑section (1), the National Biodiversity Authority
may constitute such number of committees as it deems fit for the efficient discharge
of its duties and performance of its functions under this Act.
(3) A committee
constituted under this section shall co-opt such number of persons, who are not
the members of the National Biodiversity Authority, as it may think fit and the
persons so co‑opted shall have the right to attend the meetings of the
committee and take part in its proceedings but shall not have the right to
vote.
(4) The persons
appointed as members of the committee under sub‑section (2) shall be
entitled to receive such allowances or fees for attending the meetings of the
committee as may be fixed by the Central Government.
Officers and employees of National Biodiversity Authority
14.(1)
The National Biodiversity Authority may appoint such officers and other
employees as it considers necessary for the efficient discharge of its
functions under this Act.
(2) The terms and
conditions of service of such officers and other employees of the National
Biodiversity Authority shall be such as may be specified by regulations.
Authentication of orders and decisions of National Biodiversity
Authority
15. All orders and
decisions of the National Biodiversity Authority shall be authenticated by the
signature of the Chairperson or any other member authorized by the National
Biodiversity Authority in this behalf and all other instruments executed by the
National Biodiversity Authority shall be authenticated by the signature of an
officer of the National Biodiversity Authority authorized by it in this behalf.
Delegation of powers
16. The National
Biodiversity Authority may, by general or special order in writing, delegate to
any member, officer of the National Biodiversity Authority or any other person
subject to such conditions, if any, as may be specified in the order, such of
the powers and functions under this Act (except the power to prefer an appeal
under section 50 and the power to make regulations under section 64) as it may
deem necessary.
Expenses of National Biodiversity Authority to be defrayed out
of the Consolidated Fund of India
17. The
salaries and allowances payable to the members and the administrative expenses
of the National Biodiversity Authority including salaries, allowances and
pension payable to, or in respect of, the officers and other employees of the
National Biodiversity Authority shall be defrayed out of the Consolidated Fund
of India.
CHAPTER - IV
Functions and Powers of the
National Biodiversity Authority
Functions and powers of National Biodiversity Authority
18.(1) It shall be the
duty of the National Biodiversity Authority to regulate activities referred to
in sections 3, 4 and 6 and by regulations issue guidelines for access to
biological resources and for fair and equitable benefit sharing.
(2) The National Biodiversity Authority may
grant approval for undertaking any activity referred to in sections 3, 4 and 6.
(3) The National
Biodiversity Authority may-
(a) advise the
Central Government on matters relating to the conservation of biodiversity,
sustainable use of its components and equitable sharing of benefits arising out
of the utilization of biological resources;
(b) advise the State Governments in the selection of areas of
biodiversity importance to be notified under sub‑section (1) of section
37 as heritage sites and measures for the management of such heritage sites;
(c) perform such other functions as may be necessary to carry
out the provisions of this Act.
(4) The National
Biodiversity Authority may, on behalf of the Central Government, take any
measures necessary to oppose the grant of intellectual property rights in any
country outside
CHAPTIER - V
Approval by the
National Biodiversity Authority
Approval by National Biodiversity Authority for undertaking
certain activities
19.(1)
Any person referred. to in sub‑section (2) of section 3 who intends to
obtain any biological resource
occurring in India or knowledge associated thereto for research or for
commercial utilization or for bio‑survey and bio‑utilization or
transfer the results of any research relating to biological resources occurring
in, or obtained from, India, shall make application in such form and payment of
such fees as may be prescribed, to the National Biodiversity Authority.
(2) Any person who
intends to apply for a patent or any other form of intellectual property
protection whether in India or outside India referred to in sub‑section
(1) of section 6, may make an application in such form and in such manner as
may be prescribed to the National Biodiversity Authority.
(3) On receipt of an
application under sub‑section (1) or sub‑section (2), the National
Biodiversity Authority may, after making such enquiries as it may deem fit and
if necessary after consulting an expert committee constituted for this purpose,
by order, grant approval subject to any regulations made in this behalf and
subject to such terms and conditions as it may deem fit, including the
imposition of charges by way of royalty or for reasons to be recorded in
writing, reject the application:
Provided
that no such order for rejection shall be made without giving an opportunity of
being heard to the person affected.
(4) The National
Biodiversity Authority shall give public notice of every approval granted by it
under this section.
Transfer of biological resource or knowledge
20.(1) No person who has been granted approval under section 19
shall transfer any biological resource or knowledge associated thereto which is
the subject matter of the said approval except with the permission of the
National Biodiversity Authority.
(2) Any person who
intends to transfer any biological resource or knowledge associated thereto
referred to in sub‑section (1) shall make an application in such form and
in such manner as may be prescribed to the National Biodiversity Authority.
(3) On receipt of an
application under sub‑section (2), the National Biodiversity Authority
may, after making such enquiries as it may deem fit and if necessary after
consulting an expert committee constituted for this purpose, by order, grant
approval subject to such terms and conditions as it may deem fit, including the
imposition of charges by way of royalty or for reasons to be recorded in
writing, reject the application:
Provided
that no such order for rejection shall be made without giving an opportunity of
being heard to the person affected.
(4) The National
Biodiversity Authority shall give public notice of every approval granted by it
under this section.
Determination of equitable benefit sharing by National
Biodiversity Authority
21.(1) The National
Biodiversity Authority shall while granting approvals under section 19 or
section 20 ensure that the terms and conditions subject to which approval is
granted secures equitable sharing of benefits arising out of the use of
accessed biological resources, their by‑products, innovations and
practices associated with their use and applications and knowledge relating
thereto in accordance with mutually agreed terms and conditions between the
person applying for such approval, local bodies concerned and the benefit
claimers.
(2) The National
Biodiversity Authority shall, subject to any regulations made in this behalf,
determine the benefit sharing which shall be given effect in all or any of the
following manner, namely:
(a) grant of joint ownership of intellectual property rights to
the National Biodiversity Authority, or where benefit claimers are identified,
to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in
such areas which will facilitate better living standards to the benefit
claimers;
(d) association of Indian scientists, benefit claimers and the
local people with research and development in biological resources and bio‑survey
and bio‑utilization;
(e) setting up of venture capital fund for aiding the cause of
benefit claimers;
(f) payment of monetary compensation and non‑monetary
benefits to the benefit claimers as the National Biodiversity Authority may
deem fit.
(3) Where any amount
of money is ordered by way of benefit sharing, the National Biodiversity
Authority may direct the amount to be deposited in the National Biodiversity
Fund:
Provided
that where biological resource or knowledge was a result of access from
specific individual or group of individuals or organizations, the National
Biodiversity Authority may direct that the amount shall be paid directly to
such individual or group of individuals or organizations in accordance with the
terms of any agreement and in such manner as it deems fit.
(4) For the purposes
of this section, the National Biodiversity Authority shall, in consultation
with the Central Government, by regulations, frame guidelines.
CHAPTER - VI
State Biodiversity
Board
Establishment of State Biodiversity Board
22.(1) With effect from
such date as the State Government may, by notification in the Official Gazette,
appoint in this behalf, there shall be established by that Government for the
purposes of this Act, a Board for the State to be known as the (name of the
State) Biodiversity Board.
(2) Notwithstanding
anything contained in this section, no State Biodiversity Board shall be
constituted for a Union territory and in relation to a Union territory,
the National Biodiversity Authority shall exercise the powers and perform the
functions of a State Biodiversity Board for that Union territory:
Provided
that in relation to any Union territory, the National Biodiversity Authority
may delegate all or any of its powers or functions under this sub‑section
to such person or group of persons as the Central Government may specify.
(3) The Board shall
be a body corporate by the name aforesaid, having perpetual succession and a
common seal, with power to acquire, hold and dispose of property, both movable
and immovable, and to contract, and shall by the said name sue and he sued.
(4) The Board shall
consist of the following members, namely:
(a) a Chairperson who
shall be an eminent person having adequate knowledge and experience in the
conservation and sustainable use of biological diversity and in matters
relating to equitable sharing of benefits, to he appointed by the State
Government;
(b) not more than five ex officio members to be appointed by the
State Government to represent the concerned Departments of the State
Government;
(c) not more than five members to be appointed from amongst
experts in matters relating to conservation of biological diversity,
sustainable use of biological resources and equitable sharing of benefits
arising out of the use of biological resources.
(5) The head office
of the State Biodiversity Board shall be at such place as the State Government
may, by notification in the Official Gazette, specify.
Functions of State Biodiversity Board
23. The
functions of the State Biodiversity Board shall be to–
(a) advise the State
Government, subject to any guidelines issued by the Central Government, on
matters relating to the conservation of biodiversity, sustainable use of its
components and equitable sharing of the benefits arising out of the utilization
of biological resources;
(b) regulate by granting of approvals or otherwise requests for
commercial utilization or bio‑survey and bio‑utilization of any
biological resource by Indians;
(c) perform such other functions as may he necessary to carry
out the provisions of this Act or as may be prescribed by the State Government.
Power of State Biodiversity Board to restrict certain activities
24.(1) Any citizen of
India or a body corporate, organization or association registered in India
intending to undertake any activity referred to in section 7 shall give prior
intimation in such form as may be prescribed by the State Government to the
State Biodiversity Board.
(2) On receipt of an
intimation under sub‑section (1), the State Biodiversity Board may, in
consultation with the local bodies concerned and after making such enquires as
it conservation, may deem fit, by order, prohibit or restrict any such activity
if it is of opinion that such activity is detrimental or contrary to the
objectives of conservation and sustainable use of biodiversity or equitable
sharing of benefits arising out of such activity:
Provided
that no such order shall be made without giving an opportunity of being heard
to the person affected.
(3) Any information
given in the form referred to in sub‑section (1) for prior intimation
shall be kept confidential and shall not be disclosed, either intentionally or
unintentionally, to any person not concerned thereto.
Provisions of sections 9 to 17 to apply with modifications to
State Biodiversity Board
25. The
provisions of sections 9 to 17 shall apply to a State Biodiversity Board and
shall have effect subject to the following modifications, namely:
(a) references to the Central Government shall be construed as
references to the State Government;
(b) references to the National Biodiversity Authority shall be
construed as references to the State Biodiversity Board;
Provisions of sections 9 to 17 to apply with modifications to
State Biodiversity Board.
(c) reference to the Consolidated Fund of India shall be
construed as reference to the Consolidated Fund of the State.
CHAPER - VII
Finance, Accounts and Audit of
National Biodiversity Authority
Grants or loans by the Central Government
26. The Central
Government may, after due appropriation made by Parliament by law in this
behalf, pay to the National Biodiversity Authority by way of grants or loans
such sums of money as the Central Government may think fit for being utilized
for the purposes of this Act.
Constitution of National Biodiversity Fund
27.(1)
There shall be constituted a Fund to be called the National Biodiversity Fund
and there shall be credited thereto ‑‑
(a) any grants and loans made to the National Biodiversity
Authority under section 26;
(b) all charges and royalties received by the National
Biodiversity Authority under this Act; and
(c) all sums received by the National Biodiversity Authority
from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be
applied for–
(a) channeling benefits to the benefit claimers;
(b) conservation and promotion of biological resources and
development of areas from where such biological resources or knowledge
associated thereto has been accessed;
(c) socio‑economic development of areas referred to in
clause (b) in consultation with the local bodies concerned.
Annual report of National Biodiversity Authority
28. The
National Biodiversity Authority shall prepare, in such form and at such time
each financial year as may be prescribed, its annual report, giving a full
account of its activities during the previous financial year and furnish, to
the Central Government, before such date as may be prescribed, its audited copy
of accounts together with auditors report thereon.
Budget accounts and audit
29.(1) The National
Biodiversity Authority shall prepare a budget, maintain proper accounts and
other relevant records (including the accounts and other relevant records of
the National Biodiversity Fund) and
prepare an annual statement of account in such form as may be prescribed by the
Central Government in consultation with the Comptroller and Auditor‑General
of India.
(2) The accounts of
the National Biodiversity Authority shall be audited by the Comptroller and
Auditor‑General of India at such intervals as may be specified by him and
any expenditure incurred in connection with such audit shall be payable by the
National Biodiversity Authority to the Comptroller and Auditor‑General of
India.
(3) The Comptroller
and Auditor‑General of India and any other person appointed by him in
connection with the audit of the accounts of the National Biodiversity
Authority shall have the same rights and privileges and authority in connection
with such audit as the Comptroller and Auditor‑General generally has in
connection with the audit of the Government accounts and, in particular, shall
have the right to demand the production of books, accounts, connected vouchers
and other documents and papers and to inspect any of the offices of the
National Biodiversity Authority.
(4) The accounts of
the National Biodiversity Authority as certified by the Comptroller and Auditor‑
General of
Annual Report to be laid before parliament
30. The
Central Government shall cause the annual report and auditor's report to be
laid, as soon as may be after they are received, before each House of
Parliament.
CHAPTER - VIII
Finance, Accounts and
Audit of State Biodiversity Board
Grants of money by State Government to State Biodiversity Board
31. The
State Government may, after due appropriation made by the State Legislature by
law in this behalf, pay to the State Biodiversity Board by way of grants or
loans such sums of money as the State Government may think fit for being
utilized for the purposes of this Act.
Constitution of State Biodiversity Fund
32.(1)
There shall be constituted a Fund to be called the State Biodiversity Fund and
there shall be credited thereto‑
(a) any grants and loans made to the State Biodiversity Board
under section 31;
(b) any grants or loans made by the National Biodiversity
Authority;
(c) all sums received by the State Biodiversity Board from such
other sources as may be decided upon by the State Government.
(2) The State
Biodiversity Fund shall be applied for‑
(a) the management and conservation of heritage sites;
(b) compensating or rehabilitating any section of the people
economically affected by notification under sub‑section (1) of section
37;
(c) conservation and promotion of biological resources;
(d) socio‑economic development of areas from where such
biological resources or knowledge associated thereto has been accessed subject
to any order made under section 24, in consultation with the local bodies
concerned;
(e) meeting the expenses incurred for the purposes authorized by
this Act.
Annual report of State Biodiversity Board
33. The State Biodiversity Board shall
prepare, in such form and at such time in each financial year as may be
prescribed, its annual report, giving a full account of its activities during
the previous financial year, and submit a copy thereof to the State Government.
Audit of accounts of State Biodiversity Board
34. The
accounts of the State Biodiversity Board shall be maintained and audited in
such manner as may, in consultation with the
Accountant‑General of the State, be prescribed and the State Biodiversity
Board shall furnish, to the State Government, before such date as may be
prescribed, its audited copy of accounts together with auditor's report
thereon.
Annual Report of State Biodiversity Board to be laid before
State Legislature
35. The
State Government shall cause the annual report and auditor's report to be laid,
as soon as may be after they are received, before the House of State
Legislature.
CHAPTER - IX
Duties of the Central
and the State Governments
Central Government to develop National strategies plans. Etc.,
for conservation, etc., of biological diversity
36.(1) The Central Government shall develop national
strategies, plans, programmes for the conservation
and promotion and sustainable use of biological diversity including measures
for identification and monitoring of areas rich in biological resources,
promotion of in situ,
and ex situ,
conservation of biological resources, incentives for research, training and
public education to increase awareness with respect to biodiversity.
(2) Where the Central
Government has reason to believe that any area rich in biological diversity,
biological resources and their habitats is being threatened by overuse, abuse
or neglect, it shall issue directives to the concerned State Government to take
immediate ameliorative measures, offering such State Government any technical
and other assistance that is possible to be provided or needed.
(3) The Central
Government shall, as far as practicable wherever it deems appropriate,
integrate the conservation, promotion and sustainable use of biological
diversity into relevant sectoral or cross‑sectoral plans, programmes and
policies.
4) The Central
Government shall undertake measures,-
(i) wherever
necessary, for assessment of environmental impact of that project which is
likely to have adverse effect on biological diversity, with a view to avoid or minimize
such effects and where appropriate provide for public participation in such
assessment;
(ii) to regulate, manage or control the risks associated with the
use and release of living modified organisms resulting from biotechnology
likely to have adverse impact on the conservation and sustainable use of
biological diversity and human health.
(5) The Central
Government shall endeavour to respect and protect the
knowledge of local people relating to biological diversity, as recommended by
the National Biodiversity Authority through such measures, which may include
registration of such knowledge at the local, State or national levels, and
other measures for protection, including sui generis system.
Explanation:-For
the purposes of this section,–
(a) "ex situ conservation”
means the conservation of components of biological diversity outside their
natural habitats;
(b) "in situ conservation"
means the conservation of ecosystems and natural habitats and the maintenance
and recovery of viable populations of species in their natural surroundings
and, in the case of domesticated or cultivated species, in the surroundings
where they have developed their distinctive properties.
Biodiversity heritage sites
37.(1) Without prejudice
to any other law for the time being in force, the State Government may, from
time to time in consultation with the local bodies, notify in the Official
Gazette, areas of biodiversity importance as biodiversity heritage sites under
this Act.
(2) The State
Government, in consultation with the Central Government, may frame rules for
the management and conservation of all the heritage sites.
(3) The State
Government shall frame schemes for compensating or rehabilitating any person or
section of people economically affected by such notification.
Power of Central Government to notify threatened species
38. Without prejudice to the provisions of any
other law for the time being in force, the Central Government, in consultation
with the concerned State Government, may from time o time notify any species
which is on the verge of extinction or likely to become extinct in the near
future as a threatened species and prohibit or regulate collection thereof for
any purpose and take appropriate steps to rehabilitate and preserve those
species.
Power of Central Government to designate repositories
39.(1) The Central Government may, in consultation
with the National Biodiversity Authority, designate institutions as
repositories under this Act for different categories of biological resources.
(2) The repositories
shall keep in safe custody the biological material including voucher specimens
deposited with them.
(3) Any new taxon discovered by any person shall be notified to the
repositories or any institution designated for this purpose and he shall
deposit the voucher specimens with such repository or institution.
Power of Central Government to exempt certain biological
resources
40. Notwithstanding
anything contained in this Act, the Central Government may, in consultation
with the National Biodiversity Authority, by notification in the Official
Gazette, declare that the provisions of this Act shall not apply to any items,
including biological resources normally traded as commodities.
CHAPTER - X
Biodiversity
Management Committees
Constitution of Biodiversity Management Committee
41.(1) Every local body
shall constitute a Biodiversity Management Committee within its area for the
purpose of promoting conservation, sustainable use and documentation of biological
diversity including preservation of habitats, conservation of land races, folk
varieties and cultivars, domesticated stocks and breeds of animals and
microorganisms and chronicling of knowledge relating to biological diversity.
Explanation.‑ For the purposes of this
sub‑section,–
(a) "cultivar" means a variety of
plant that has originated and persisted under cultivation or was specifically
bred for the purpose of cultivation;
(b) "folk variety" means a cultivated variety of plant that
was developed, grown and exchanged informally among farmers;
(c) “landrace” means primitive cultivar
that was grown by ancient farmers and their successors.
(2) The National
Biodiversity Authority and the State Biodiversity Boards shall consult the
Biodiversity Management Committees while taking any decision relating to the
use of biological resources and knowledge associated with such resources
occurring within the territorial jurisdiction of the Biodiversity Management
Committee.
(3) The Biodiversity
Management Committees may levy charges by way of collection fees from any
person for accessing or collecting any biological resource for commercial
purposes from areas falling within its territorial jurisdiction.
CHAPTER - XI
Local, Biodiversity
Fund
Grants to Local Biodiversity Fund
42. The
State Government may, after due appropriation made by State Legislature by law
in this behalf, pay to the Local Biodiversity Funds by way of grants or loans
such sums of money as the State Government may think fit for being utilized for
the purposes of this Act.
Constitution of Local Biodiversity Fund
43.(1)
There shall be constituted a Fund to be called the Local Biodiversity Fund at
every area notified by the State Government where any institution of self‑government
is functioning and there shall be credited thereto-
(a) any grants and loans made under section 42;
(b) any grants or loans made by the National Biodiversity
Authority;
(c) any grants or loans made by the State Biodiversity Boards;
(d) fees referred to in sub‑section (3) of section 41
received by the Biodiversity Management Committees;
(e) all sums received by the Local Biodiversity Fund from such
other sources as may be decided upon by the State Government.
Application of Local Biodiversity Fund
44.(1) Subject to the
provisions of sub‑section (2), the management and the custody of the
Local Biodiversity Fund and the purposes for which such Fund shall be applied,
be in the manner as may be prescribed by the State Government.
(2) The Fund shall be
used for conservation and promotion of biodiversity in the areas falling within
the jurisdiction of the concerned local body and for the benefit of the
community in so far such use is consistent with conservation of biodiversity.
Annual Report of Biodiversity Management Committees
45. The
person holding the custody of the Local Biodiversity Fund shall prepare, in
such form and during each financial year at such time as may be prescribed, its
annual report, giving a full account of its activities during the previous
financial year, and submit a copy thereof to the concerned local body.
Audit of accounts of Biodiversity Management Committees
46. The accounts of the Local Biodiversity
Fund shall be maintained and audited in such manner as may, in consultation
with the Accountant‑General of the State, be prescribed and the person
holding the custody of the Local Biodiversity Fund shall furnish, to the
concerned local body, before such date as may be prescribed, its audited copy
of accounts together with auditor's report thereon.
Annual report, etc, of the Biodiversity Management Committee to
be submitted to district Magistrate
47. Every local body constituting a
Biodiversity Management Committee under sub‑section (1) of section 41,
shall cause, the annual report and audited copy of accounts together with
auditor's report thereon referred to in sections 45 and 46, respectively and
relating to such Committee to be submitted to the District Magistrate having
jurisdiction over the area of the local body.
CHAPTER - XII
Miscellaneous
National Biodiversity Authority to be bound by the directions
given by Central Government
48.(1) Without prejudice
to the foregoing provisions of this Act, the National Biodiversity Authority
shall, in the discharge of its functions and duties under this Act, be bound by
such directions on questions of policy as the Central Government may give in
writing to it from time to time.
Provided
that the National Biodiversity Authority shall, as far as practicable, be given
opportunity to express its views before any direction is given under this sub‑section.
(2) The decision of
the Central Government whether a question is one of policy or not shall be
final.
Power of State Government to give Directions
49.(1) Without prejudice
to the foregoing provisions of this Act, the State Biodiversity Board shall, in
the discharge of its functions and duties under this Act, be bound by such
directions on questions of policy as the State Government may give in writing
to it from time to time:
Provided
that the State Biodiversity Board shall, as far as practicable, be given an
opportunity to express its views before any direction is given under this sub‑section.
(2) The decision of
the State Government whether a question is one of policy or not shall be final.
Settlement of disputes between State Biodiversity Boards
50.(1)
If a dispute arises between the National Biodiversity Authority and a State
Biodiversity Board, the said Authority or the Board, as the case may be, may
prefer an appeal to the Central Government within such time as ma be
prescribed.
(2) Every appeal made
under sub‑section (1) shall be in such form as may be prescribed by the
Central Government.
(3) The procedure for
disposing of an appeal shall be such as may be prescribed by the Central
Government:
Provided that before disposing of an appeal, the parties shall
be given a reasonable opportunity of, being heard.
(4) If a dispute
arises between the State Biodiversity Boards, the Central Government shall
refer the same to the National Biodiversity Authority.
(5) While
adjudicating any dispute under sub‑section (4), the National Biodiversity
Authority shall be guided by the principles of natural justice and shall follow
such procedure as may be prescribed by the Central Government.
(6) The National
Biodiversity Authority shall have, for the purposes of discharging its
functions under this section, the same powers as are vested in a civil court
under the Code of Civil Procedure, 1908 in respect of the following matters,
namely–
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or
documents;
(e) reviewing its decisions; dismissing an application for
default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for
default or any order passed by it ex parte;
(h) any other matter which may be prescribed.
(7) Every proceeding
before the National Biodiversity Authority shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purpose of
section 196, of the Indian Penal Code and the National Biodiversity Authority
shall be deemed to be a civil court for all the purposes of section 195 and
Chapter XXV1 of the Code of Criminal Procedure, 1973.
Members, officers, etc., of National Biodiversity Authority and
State Biodiversity Board deemed to be public servants
51. All members, officers and other employees
of the National Biodiversity Authority or the State Biodiversity Board shall be
deemed, when acting or purporting to act in pursuance of any of the provisions,
of this Act, to be public servants within the meaning of section 21 of the
Indian Penal Code.
Appeal
52. Any person, aggrieved by any determination
of benefit sharing or order of the National Biodiversity Authority or a State
Biodiversity Board under this Act, may file an appeal to t ' he High Court
within thirty days from the date of communication to him, of the determination
or order of the National Biodiversity Authority or the State Biodiversity
Board, as the case may be:
Provided
that the High Court may, if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal‑within the said period, allow it
to be filed within a further period not exceeding sixty days.
Execution of determination or order
53. Every determination of benefit sharing or
order made by the National Biodiversity Authority or a State Biodiversity Board
under this Act or the order made by the High Court in any appeal against any
determination or order of the National Biodiversity Authority or a State
Biodiversity Board shall, on a certificate issued by any officer of the
National Biodiversity Authority or a State Biodiversity Board or the Registrar
of the High Court, as the case may be, be deemed to be decree of the civil
court and shall be executable in the same manner as a decree of that court.
Explanation.‑ For the purposes of this
section and section 52, the expression “State Biodiversity Board" includes
the person or group of persons to whom the powers or functions under sub‑section
(2) of section‑22 have been delegated under the proviso to that sub-section
and the certificate relating to such person or group of persons under this
section shall be issued by such person or group of persons, as the case may be.
Protection of action taken in good faith
54. No suit, prosecution or other legal
proceedings shall lie against the Central Government or the State Government or
any officer of the Central Government or the State Government or any member,
officer or employee of the National Biodiversity Authority or the State
Biodiversity Board for anything which is in good faith done or intended to he
done under this Act or the rules or regulations made thereunder.
Penalties
55.(1)
Whoever contravenes or to or abets the
contravention of the provisions of section 3 or section 4 or section 6
shall be punishable with imprisonment for a term which may extend to five
years, or with fine which may extend to ten lakh
rupees and where the damage caused exceeds tend lakh
rupees such fine may commensurate with the damage caused, or with both.
(2) Whoever
contravenes or attempts to contravene or abets the contravention of the
provisions of section 7 or any order made under sub‑section (2) of
section 24 shall be punishable with imprisonment for a term which may extend to
three years, or with fine which may extend to five lakh
rupees, or with both.
Penalty for contravention of directions or orders of Central
government, State government, National Biodiversity Authority and State
Biodiversity Boards
56. If
any person contravenes any direction given or order made by the Central
Government, the State Government, the National Biodiversity Authority or the
State Biodiversity Board for which no punishment has been separately provided
under this Act, he shall be punished with a fine which may extend to one lakh rupees and in case of a second or subsequent offence,
with fine which may extend to two lakh rupees and in
the case of continuous contravention with additional fine which may extend to
two lakh rupees everyday during which the default
continues.
Offences by companies
57.(1)
Where an offence or contravention under this Act has been committed by a
company, every person who at the time the offence or contravention was
committed was in charge of, and was responsible to, the company for the conduct
of the business of the company, as well as the company, shall be deemed to be
guilty of the offence or contravention and shall be liable to be proceeded
against and punished accordingly:
Provided
that nothing contained in this sub‑section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence or
contravention was committed without his knowledge or that he had exercised all
due diligence to prevent the commission of such offence or contravention.
(2) Notwithstanding
anything contained in sub‑section (1), where an offence or contravention
under this Act has been committed by a company and it is proved that the
offence or contravention has been committed with the consent or connivance of,
or is attributable to, any neglect on the part of any director, manager,
secretary or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of the offence or contravention
and shall be liable to be proceeded against and punished accordingly.
Explanation.
‑For the purposes of this section,–
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director", in relation to a firm, means a partner in
the firm.
Offences to be cognizable and non‑bailable
58. The offences under this Act shall be
cognizable and non‑bailable.
Act to have effect in addition to other Acts
59. The provisions of this Act shall be in
addition to, and not in derogation of, the provisions in any other law, for the
time being in force, relating to forests or wildlife.
Power of Central Government to giver directions to State
Government
60. The Central Government may give directions
to any State Government as to the carrying into execution in the State of any
of the provisions of this Act or of any rule or regulation or order made thereunder.
Cognizance of offences
(a) the Central Government or any authority or officer authorized
in this behalf by that Government; or
(b) any benefit claimer who has given notice of not less than
thirty days in the prescribed manner, of such offence and of his intention to
make a complaint, to the Central Government or the authority or officer authorized
as aforesaid.
Power of Central Government to make rules
62.(1) The Central Government may' by
notification in the Official Gazette, make rules for carrying out the purposes
of this Act.
(2) In particular,
and without prejudice to the generality of the foregoing power, such rules may
provide for A or any of the following matters, namely:–
(a) terms and conditions of service of the Chairperson and
members under section 9;
(b) powers and duties of the Chairperson under section 10;
(c) procedure under sub‑section (1) of section 12 in
regard to transaction of business at meetings,
(d) form of application and payment of fees for undertaking
certain activities under sub-section (1) of section 19;
(e) the form and manner of making an application under sub‑section
(2) of section 19;
(f) form of application and the manner for transfer of
biological resource or knowledge under sub‑section (2) of section 20;
(g) form in which, and the time of each financial year at which,
the annual report of the National Biodiversity Authority shall be prepared and
the date before which its audited copy of accounts together with auditor's
report thereon shall be furnished under section 28;
(h) form in which the annual statement of account shall be
prepared under subsection (1) of section 29;
(i) the time within which and the form in which, an appeal may
be preferred, the procedure for disposing of an appeal and the procedure for
adjudication, under section 50;
(j) the additional
matter in which the National Biodiversity Authority may exercise powers of the
civil court under clause (h) of sub‑section (6) of section 50;
(k) the manner of giving notice under clause (b) of section 61;
(1) any other matter which is to be, or may be, prescribed, or
in respect of which provision is to be made, by rules.
(3) Every rule made
under this section and every regulation made under this Act shall be laid, as
soon as may he after it is made, before each House of Parliament, while it Is
in session or a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following. The session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
regulation or both Houses agree that the rule or regulation should not be made,
the rule or regulation shall thereafter have effect only in such modified form
or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
done under that rule or regulation.
Power of State Government to make rules
63.(1) The State
Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
(2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:–
(a) the other functions to be performed by the State
Biodiversity Board under clause (c) of section 23;
(b) the form in which the prior intimation shall be given under
sub‑section (1) of section 24;
(c) the form in which, and the time of each financial year at
which, the annual report shall be prepared under section 33;
(d) the manner of
maintaining and auditing the accounts of the State Biodiversity Board and the
date before which its audited copy of the accounts together with auditor's
report thereon shall be furnished under section 34;
(e) management and conservation of national heritage sites under
section 37;
(f) the manner of management and custody of the Local
Biodiversity Fund and the purposes for which such Fund shall be applied under
sub‑section (1) of section 44;
(g) the form of annual report and the time at which such report
shall be prepared during each financial year under section 45;
(h) the manner of
maintaining and auditing the accounts of the Local Biodiversity Fund and the
date before which its audited copy of the accounts together with auditor's
report thereon shall be furnished under section 46;
(i) any other matter which is to be, or may be, specified.
(3) Every rule made
by the State Government under this section shall he laid, as soon as may be
after it is made, before each House of the State Legislature where it consists
of two Houses, or where such Legislature consists of one House, before that
House.
Power of remove difficulties
64. The National Biodiversity Authority shall,
with the previous approval of the Central Government, by notification in the
Official Gazette, make regulations for carrying out the purposes of this Act.
Power to remove difficulties
65.(1)
If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order, not inconsistent with the provisions of this
Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a
period of two years from the commencement of this Act.
(2) Every order made
under this section shall be laid, as soon as may be, after it is made, before
each House of Parliament.
SUBHASH C. JAIN
Secretary
to the Government of