The Biological Diversity Act, 2002
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 38 Power of Central Government to notify threatened species.
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 to 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.
1[Provided that the Central Government may delegate such power to the State Government:
Provided further that where such power is delegated to the State Government, it shall consult the National Biodiversity Authority before issuing any such notification.]
1[Provided that the Central Government may delegate such power to the State Government:
Provided further that where such power is delegated to the State Government, it shall consult the National Biodiversity Authority before issuing any such notification.]
1. Ins. by Act 10 of 2023, s. 28 (w.e.f. 1-4-2024).
Section 39 Power of Central Government to designate repositories.
(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 tax on 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.
(2) The repositories shall keep in safe custody the biological material including voucher specimens deposited with them.
(3) Any new tax on 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.
Section 40 Provisions of this Act not to apply in certain cases. 2 docs
1[40. Provisions of this Act not to apply in certain cases. --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 all or any of the provisions of this Act shall not apply to biological resources when normally traded as commodities or to the items derived from them, including agricultural wastes, as notified and cultivated medicinal plants and their products for entities covered under section 7, registered as per the regulations made or as may prescribed:
Provided that no exemption shall be made for the activities referred to in sub-sections (1) and (2) of section 6.]
Provided that no exemption shall be made for the activities referred to in sub-sections (1) and (2) of section 6.]
1. Subs. by Act 10 of 2023, s. 29, for section 40 (w.e.f. 1-4-2024).
Section 41 Constitutions of Biodiversity Management Committees.
1[(1) Every local body at the Gram Panchayat level in the rural areas and at the Nagar Panchayat or Municipal Committee at Municipal Corporation level in the urban areas shall constitute a Biodiversity Management Committee (by whatever name called) within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of landraces, folk varieties, farmers' varieties, and cultivars, domesticated stocks and breeds of animals, living things in water bodies and microorganisms and chronicling of knowledge relating to biological diversity:
Provided that the State Government may constitute Biodiversity Management Committees at the intermediate or district Panchayat level for achieving the objectives of the Act.
(1A) The functions of Biodiversity Management Committee so constituted shall include conservation, sustainable use and documentation of biological diversity, including conservation of habitats, landraces, folk varieties, cultivars, domesticated breeds of animals, and microorganisms, and chronicling of traditional knowledge associated thereto relating to biological diversity:
(1B) The composition of the Biodiversity Management Committee shall be such as may be prescribed by the State Government:
Provided that the number of members of the said Committee shall not be less than seven and not exceeding eleven.]
(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 2[or traditional knowledge associated thereto] occurring within the territorial jurisdiction of the Biodiversity Management Committee.
3[Explanation. --For the purposes of this section--
(a) "cultivar" means a veriety 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;
(d) "farmers' variety" means a veriety which--
(i) has been traditionally cultivated and evolved by the farmers in their field; or
(ii) is a wild relative or landrace of a veriety about which the farmers possess the common knowledge.]
(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.
Provided that the State Government may constitute Biodiversity Management Committees at the intermediate or district Panchayat level for achieving the objectives of the Act.
(1A) The functions of Biodiversity Management Committee so constituted shall include conservation, sustainable use and documentation of biological diversity, including conservation of habitats, landraces, folk varieties, cultivars, domesticated breeds of animals, and microorganisms, and chronicling of traditional knowledge associated thereto relating to biological diversity:
(1B) The composition of the Biodiversity Management Committee shall be such as may be prescribed by the State Government:
Provided that the number of members of the said Committee shall not be less than seven and not exceeding eleven.]
(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 2[or traditional knowledge associated thereto] occurring within the territorial jurisdiction of the Biodiversity Management Committee.
3[Explanation. --For the purposes of this section--
(a) "cultivar" means a veriety 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;
(d) "farmers' variety" means a veriety which--
(i) has been traditionally cultivated and evolved by the farmers in their field; or
(ii) is a wild relative or landrace of a veriety about which the farmers possess the common knowledge.]
(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.
1. Subs. by Act 10 of 2023, s. 30, for sub-section (1) (w.e.f. 1-4-2024).
2. Subs. by s. 30, ibid., for "and knowledge associated with such resources" (w.e.f. 1-4-2024).
3. Ins. by s. 30, ibid., (w.e.f. 1-4-2024).
2. Subs. by s. 30, ibid., for "and knowledge associated with such resources" (w.e.f. 1-4-2024).
3. Ins. by s. 30, ibid., (w.e.f. 1-4-2024).
Section 42 Grants to Local Biodiversity Fund.
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 utilised for the purposes of this Act.
Section 43 Constitution of Local Biodiversity Fund.
(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;
1[(e) benefit sharing amount and all other sums received by the Local Biodiversity Fund from such other sources as may be decided by the State Government.]
(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;
1[(e) benefit sharing amount and all other sums received by the Local Biodiversity Fund from such other sources as may be decided by the State Government.]
1. Subs. by Act 10 of 2023, s. 31, for clause (e) (w.e.f. 1-4-2024).
Section 44 Application of Local Biodiversity Fund.
1[44. Application of Local Biodiversity Fund.--(1) The Local Biodiversity Fund shall be utilised in accordance with the regulations and the guidelines made in this behalf, for--
(a) the conservation and promotion of biodiversity including restoration of areas falling within the jurisdiction of concerned local body;
(b) the socio-economic development of the community without compromising the conservation concerns; and
(c) the administrative expenses of the Biodiversity Management Committee.
(2) The Fund shall be utilised in such manner as may be prescribed by the State Government.].
(a) the conservation and promotion of biodiversity including restoration of areas falling within the jurisdiction of concerned local body;
(b) the socio-economic development of the community without compromising the conservation concerns; and
(c) the administrative expenses of the Biodiversity Management Committee.
(2) The Fund shall be utilised in such manner as may be prescribed by the State Government.].
1. Subs. by Act 10 of 2023, s. 32, for section 44 (w.e.f. 1-4-2024).
Section 45 Annual statement of Biodiversity Management Committees.
1[45. Annual statement of Biodiversity Management Committees.--The custodian of the Local Biodiversity Fund shall prepare, in such form and during each financial year at such time as may be prescribed by the State Government, its annual statement giving a full account of its activities during the previous financial year, and submit the same to the local body concerned with a copy to the State Biodiversity Board.]
1. Subs. by Act 10 of 2023, s. 33, for section 45 (w.e.f. 1-4-2024).
Section 46 Audit of accounts of Biodiversity Management Committees.
1[46. Audit of accounts of Biodiversity Management Committees.-- (1) The Biodiversity Management Committee shall maintain the accounts which shall be audited in such manner as may be prescribed by the State Government.
(2) The Biodiversity Management Committee shall furnish to the local body concerned and to the State Biodiversity Board, before such date as may be prescribed by the State Government, its audited copy of accounts together with auditor's report thereon.]
(2) The Biodiversity Management Committee shall furnish to the local body concerned and to the State Biodiversity Board, before such date as may be prescribed by the State Government, its audited copy of accounts together with auditor's report thereon.]
1. Subs. by Act 10 of 2023, s. 34, for section 46 (w.e.f. 1-4-2024).
Section 47 Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate.
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.
Section 48 National Biodiversity Authority to be bound by the directions given by Central Government.
(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.
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.
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.
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.
50. Settlement of disputes 1***.--(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 XXV1 of the Code of Criminal Procedure, 1973 (2 of 1974).
(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 XXV1 of the Code of Criminal Procedure, 1973 (2 of 1974).
1. The words "between State Biodiversity Boards" omitted by Act 10 of 2023, s. 35, (w.e.f. 1-4-2024).
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 1[fair and equitable sharing of benefits or order or direction] 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.
2[Provided further that nothing contained in this section shall apply on and from the commencement of the National Green Tribunal Act, 2010 (19 of 2010):
Provided also that any appeal pending before the High Court, before the commencement of the National Green Tribunal Act, 2010 (19 of 2010), shall continue to be heard and disposed of by the High Court as if the National Green Tribunal had not been established under section 3 of the National Green Tribunal Act, 2010.]
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.
2[Provided further that nothing contained in this section shall apply on and from the commencement of the National Green Tribunal Act, 2010 (19 of 2010):
Provided also that any appeal pending before the High Court, before the commencement of the National Green Tribunal Act, 2010 (19 of 2010), shall continue to be heard and disposed of by the High Court as if the National Green Tribunal had not been established under section 3 of the National Green Tribunal Act, 2010.]
1. Subs. by Act 10 of 2023, s. 36, for "benefit sharing or order" (w.e.f. 1-4-2024).
2. Ins. by Act 19 of 2010, s. 36 and Schedule III (w. e. f. 18-10-2010).
2. Ins. by Act 19 of 2010, s. 36 and Schedule III (w. e. f. 18-10-2010).
Section 52A Appeal to National Green Tribunal.
1[ 52A. Appeal to National Green Tribunal.--Any person aggrieved by any determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, on or after the commencement of the National Green Tribunal Act, 2010 (19 of 2010), may file an appeal to the National Green Tribunal establishment under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.]
1 Ins. by Act of 19 of 2010, s. 36 and Schedule III (w. e. f. 18-10-2010).
Section 53 Execution of determination or order.
Every determination of 1[fair and equitable sharing of benefits] or order made by the National Biodiversity Authority or a State Biodiversity Board under this Act or the order made by the High Court 2[or the National Green Tribunal] 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 2[or the Registrar of the National Green Tribunal], 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 2[or body] 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 2[or body] under this section shall be issued by such person or group of persons 2[or body], as the case may be.
Explanation.--For the purposes of this section and section 52, the expression "State Biodiversity Board" includes the person or group of persons 2[or body] 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 2[or body] under this section shall be issued by such person or group of persons 2[or body], as the case may be.
1. Subs. by Act 10 of 2023, s. 37, for "benefit sharing" (w.e.f. 1-4-2024).
2. Ins. by s. 37, ibid., (w.e.f. 1-4-2024)
2. Ins. by s. 37, ibid., (w.e.f. 1-4-2024)
Section 54 Protection of action taken in good faith.
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 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 be done under this Act or the rules or regulations made thereunder.
Section 55 Penalties.
1[55. Penalties.-- If any person or entity covered under sub-section (2) of section 3 or section 7 contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or section 4 or section 6 or section 7, such person shall be liable to pay penalty which shall not be less than one lakh rupees, but which may extend to fifty lakh rupees, but where the damage caused exceeds the amount of penalty, such penalty shall be commensurate with the damage caused, and in case, the failure or contravention continues, an additional penalty may be imposed, which shall not exceed one crore rupees and such penalty shall be decided by the adjudicating officer appointed under section 55A.]
1. Subs. by Act 10 of 2023, s. 38, for section 55 (w.e.f. 1-4-2024).
Section 55A Adjudication of penalties.
1[55A. Adjudication of penalties.--(1) For the purposes of determining the penalties under section 55, the Central Government may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold inquiry in the prescribed manner and to impose the penalty so determined:
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of section 3 or section 4 or section 6 or section 7, he may impose such penalty as he thinks fit in accordance with the provisions of section 55:
Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter.
(3) Any person aggrieved by the order made by the adjudicating officer under sub-section (2) may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010).
(4) Every appeal under sub-section (3) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.
(5) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of section 3 or section 4 or section 6 or section 7, he may impose such penalty as he thinks fit in accordance with the provisions of section 55:
Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter.
(3) Any person aggrieved by the order made by the adjudicating officer under sub-section (2) may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010).
(4) Every appeal under sub-section (3) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.
(5) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
1. Subs. by Act 10 of 2023, s. 38, or section 55 (w.e.f. 1-4-2024).