The Biological Diversity Act, 2002
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 55B Power to enter, inspect, survey, etc.
1[55B. Power to enter, inspect, survey, etc.--Any authority or officer empowered by the Central Government may, for the purposes of carrying out inspection, survey or any such activity, have all or any of the following powers, namely:--
(a) the power to enter upon any land, vehicle, or premises and to inspect, investigate, survey and collect information and make a map of the same and seize the materials and records;
(b) the powers of a civil court to compel the attendance of anyone, including witnesses and production of documents and materials objects;
(c) the power to issue a search-warrant;
(d) the power to hold an inquiry and in the course of such inquiry, receive and record evidence;
(e) such other power as may be prescribed.]
(a) the power to enter upon any land, vehicle, or premises and to inspect, investigate, survey and collect information and make a map of the same and seize the materials and records;
(b) the powers of a civil court to compel the attendance of anyone, including witnesses and production of documents and materials objects;
(c) the power to issue a search-warrant;
(d) the power to hold an inquiry and in the course of such inquiry, receive and record evidence;
(e) such other power as may be prescribed.]
1. Subs. by Act 10 of 2023, s. 38, for section 55 (w.e.f. 1-4-2024).
Section 56 Penalty for contravention for 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 every day 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.
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 Omitted.
. [Offences to be cognizable and non-bailable.]--Omitted by the Biological Diversity (Amendment) Act, 2023 (10 of 2023), s. 39 (w.e.f. 1-4-2024).
Section 59 Act to have effect in addition to other Acts.
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.
Section 59A Act not to apply to certain persons.
1[59A. Act not to apply to certain persons.--The provision of this Act shall not apply to any person who has been given any approval or granted any right under any law relating to protection of plant varieties enacted by Parliament to the extent that such approvals or rights given under that Act does not require similar approval under this Act.]
1. Ins. by Act 10 of 2023, s. 40 (w.e.f. 1-4-2024).
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 1[written complaint] made by--
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
(b) 2[any person or a 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.
(a) the Central Government or any authority or officer authorised in this behalf by that Government; or
(b) 2[any person or a 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.
1. Subs. by Act 10 of 2023, s. 41, for "complaint" (w.e.f. 1-4-2024).
2. Subs. by s. 41, ibid., for "any benefit claimer" (w.e.f. 1-4-2024).
2. Subs. by s. 41, ibid., for "any benefit claimer" (w.e.f. 1-4-2024).
Section 62 Power of Central Government to make rules. 1 docs
(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 all or any of the following matters, namely:--
1[(a) the manner of obtaining the certificate of origin under sub-section (2) of section 7;
(aa) the books on the basis of which the certificate of origin to be issued, the manner of maintaining such books and the manner of issuing such certificate under sub-section (3) of section 7;
(ab) the terms and conditions of service of the Chairperson, Member-Secretary and other members under section 9;]
(b) powers and duties of the Chairperson under section 10;
2[(ba) the other functions to be performed by the Member-Secretary;]
(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;
2[(ea) form of application and payment of fees under sub-section (1) of section 20;]
(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 sub-section (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;
2[(ja) the manner of holding inquiry by the adjudicating officer under section 55A;
(jb) the other power under clause (e) of section 55B;]
(k) the manner of giving notice under clause (b) of section 61;
(l) 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 be 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.
(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:--
1[(a) the manner of obtaining the certificate of origin under sub-section (2) of section 7;
(aa) the books on the basis of which the certificate of origin to be issued, the manner of maintaining such books and the manner of issuing such certificate under sub-section (3) of section 7;
(ab) the terms and conditions of service of the Chairperson, Member-Secretary and other members under section 9;]
(b) powers and duties of the Chairperson under section 10;
2[(ba) the other functions to be performed by the Member-Secretary;]
(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;
2[(ea) form of application and payment of fees under sub-section (1) of section 20;]
(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 sub-section (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;
2[(ja) the manner of holding inquiry by the adjudicating officer under section 55A;
(jb) the other power under clause (e) of section 55B;]
(k) the manner of giving notice under clause (b) of section 61;
(l) 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 be 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.
1. Subs. by Act 10 of 2023, s. 42, for clause (a) (w.e.f. 1-4-2024).
2. Ins. by s. 42, ibid. (w.e.f. 1-4-2024).
2. Ins. by s. 42, ibid. (w.e.f. 1-4-2024).
Section 63 Power of State Government to make rules.
(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 be 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.
(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 be 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.
Section 64 Power to make regulations. 1 docs
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.
Section 65 Power to remove difficulties.
(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.
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.