Biological Diversity Act, 2002 Chapter 12

¹ 48. National Biodiversity Authority to bebound by the directions given by Central Government.--

(1) Without prejudice to theforegoing provisions of this Act, the National Biodiversity Authority shall, in the discharge of itsfunctions and duties under this Act, be bound by such directions on questionsof policy as the Central Government may give in writing to it from time totime:

Provided that the NationalBiodiversity Authority shall, asfar as practicable, be given opportunity to express its views before anydirection is given under this sub-section.

(2) The decision of the CentralGovernment whether a question is one of policy or not shall be final.

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1. Effective from 01.10.2003

Section 49 - Power of State Government to give directions

(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.

Section 50 - Settlement of disputes between State Biodiversity Boards

(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 may 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 (5 of 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;

(f) 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 (45 of 1860) and the National Biodiversity Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Section 51 - Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants

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 (45 of 1860).

Section 52 - Appeal

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 the 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.

Section 53 - Execution of determination of order

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.

Section 54 - Protection of action taken in good faith

¹ 54. Protection of action taken in goodfaith.--

No suit, prosecution or other legal proceedings shall lie against the CentralGovernment or the State Government or any officer of the Central Government orthe State Government or any member, officer or employee of the NationalBiodiversity Authority or the State Biodiversity Board for anything which is ingood faith done or intended to be done under this Act or the rules orregulations made thereunder.

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1. Effective from 01.10.2003

Section 55 - Penalties

(1) Whoever contravenes or attempts to contravene 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 ten 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.

Section 56 - Penalty for contravention of directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards

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.

Section 57 - Offences by companies

(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.

Section 58 - Offences to be cognizable and non-bailable

The offences under this Act shall be cognizable and non-bailable.

Section 59 - Act to have effect in addition to other Acts

¹ 59. Act to have effect in addition toother Acts.--

The provisions of this Act shall be in addition to, and not inderogation of, the provisions in anyother law, for the time being in force, relating to forests or wildlife.

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1. Effective from 01.10.2003

Section 60 - Power of Central Government to give directions to State Government

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.

Section 61 - Cognizance of offences

No Court shall take cognizance of any offence under this Act except on a complaint made by--

(a) the Central Government or any authority or officer authorised 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 authorised as aforesaid.

Section 62 - Power of Central Government to make rules

¹ 62. Power of Central Government to makerules.--

(1) The Central Government may,by notification in the Official Gazette, make rules for carrying out thepurposes of this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely:--

(a) termsand conditions of service of the Chairperson and members under section 9;

(b) powers and duties of theChairperson under section 10;

(c) procedure under sub-section (1) of section 12 inregard to transaction of business at meetings;

(d) form ofapplication and payment of fees for undertaking certain activities under sub-section (1) of section 19;

(e) the form and manner ofmaking an application under sub-section(2) of section 19;

(f) form of application and themanner for transfer of biological resource or knowledge under sub-section (2) of section 20;

(g) form inwhich, and the time of each financial year at which, the annual report of theNational Biodiversity Authority shallbe prepared and the date before which its audited copy of accounts togetherwith auditor's report thereon shallbe 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 andthe form in which, an appeal may be preferred, the procedure for disposing ofan appeal and the procedure for adjudication, under section 50;

(j) the additional matter inwhich the National Biodiversity Authority may exercise powers of the civilcourt under clause (h) of sub-section (6) of section 50;

(k) themanner of giving notice under clause (b) of section 61;

(l) any other matter which is to be, or may be, prescribed, or in respectof which provision is to be made, by rules.

(3) Every rule made under thissection and every regulation made under this Act shall be laid, as soon as may be after it is made, before eachHouse of Parliament, while it is in session, for a total period of thirty dayswhich 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 orthe successive sessions aforesaid, both Houses agree in making any modificationin the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule orregulation shall thereafter haveeffect only in such modified form or be of no effect, as the case may be; so, however,that any such modification or annulmentshall be without prejudice to the validity of anything previously doneunder that rule or regulation.

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1. Effective from 01.10.2003

Section 63 - Power of State Government to make rules

¹ 63.Power of State Government to make rules.--

(1) The State Government may, bynotification in the Official Gazette, make rules for carrying out the purposesof this Act.

(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely:--

(a) the other functions to be performed bythe State Biodiversity Board under clause (c) of section 23;

(b) the formin which the prior intimation shall begiven under sub-section(1) of section 24;

(c) the form in which, and thetime of each financial year at which, the annual report shall be prepared under section 33;

(d) themanner of maintaining and auditing the accounts of the State BiodiversityBoard and the date before which its audited copy of theaccounts together with auditor's report thereonshall be furnished under section 34;

(e) managementand conservation of national heritage sites under section 37;

(f) the manner of management andcustody of the Local Biodiversity Fund and the purposes for which suchFund shall be applied under sub-section (1) of section 44;

(g) the form of annual reportand the time at which such report shall beprepared during each financial year under section 45;

(h)the manner of maintaining and auditing the accounts of the Local BiodiversityFund and the date before which its audited copy of the accounts together withauditor's report thereon shall befurnished under section 46;

(i) any other matter which is to be, or maybe, specified.

(3) Every rule made by the State Government under thissection shall belaid, as soon as may be after it is made, before each House of the StateLegislature where it consists of two Houses, or where such Legislature consistsof one House, before that House.

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1. Effective from 01.10.2003

Section 64 - Power to make regulations

¹ 64.Power to make regulations.--

The National BiodiversityAuthority shall, with theprevious approval of the Central Government, by notification in the OfficialGazette, make regulations for carrying out the purposes of this Act.

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1. Effective from 01.10.2003

Section 65 - Power to remove difficulties

¹ 65.Power to remove difficulties.-

(1) If any difficulty arises in giving effect to theprovisions of this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, removethe difficulty:

Provided that no such order shall be made after the expiry of a period of two years from thecommencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before eachHouse of Parliament.

SUBHASHC. JAIN,

Secy. To the Govt. of India.

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1. Effective from 01.10.2003