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Legal Library
THE BIOLOGICAL DIVERSITY ACT, 2002
All Acts
THE BIOLOGICAL DIVERSITY ACT, 2002
ACT NO. 18 OF 2003 · Enacted [5th February, 2003.] · 66 sections
PRELIMINARY
Section 1.
Short title, extent and commencement.
Section 2.
Definitions.
REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
Section 3.
Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority.
Section 4.
Results of research not to be transferred to certain persons without approval of National Biodiversity Authority.
Section 5.
Sections 3 and 4 not to apply to certain collaborative research projects.
Section 6.
Application for intellectual property rights not to be made without approval of National Biodiversity Authority.
Section 7.
Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes.
NATIONAL BIODIVERSITY AUTHORITY
Section 8.
Establishment of National Biodiversity Authority.
Section 9.
Conditions of service of Chairperson and members.
Section 10.
Chairperson to be Chief Executive of National Biodiversity Authority.
Section 11.
Removal of members.
Section 12.
Meetings of National Biodiversity Authority.
Section 13.
Committees of National Biodiversity Authority.
Section 14.
Officers and employees of National Biodiversity Authority.
Section 15.
Authentication of orders and decisions of National Biodiversity Authority.
Section 16.
Delegation of powers.
Section 17.
Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India.
FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
Section 18.
Functions and powers of National Biodiversity Authority.
APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
Section 19.
Approval by National Biodiversity Authority for undertaking certain activities.
Section 20.
Transfer of biological resource or knowledge.
Section 21.
Determination of equitable benefit sharing by National Biodiversity Authority.
STATE BIODIVERSITY BOARD
Section 22.
Establishment of State Biodiversity Board.
Section 23.
Functions of State Biodiversity Board.
Section 24.
Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
Section 25.
Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
FINANCE, ACCONTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
Section 26.
Grants or loans by the Central Government.
Section 27.
Constitution of National Biodiversity Fund.
Section 28.
Annual report of National Biodiversity Authority.
Section 29.
Budget, accounts and audit.
Section 30.
Annual report to be laid before Parliament.
FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD
Section 31.
Grants of money by State Government to State Biodiversity Board.
Section 32.
Constitution of State Biodiversity Fund.
Section 33.
Annual report of State Biodiversity Board.
Section 34.
Audit of accounts of State Biodiversity Board.
Section 35.
Annual report of State Biodiversity Board to be laid before State Legislature.
DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS
Section 36.
Central Government to develop National strategies, plans, etc., for conservation, etc., of biological diversity.
Section 37.
Biodiversity heritage sites.
Section 38.
Power of Central Government to notify threatened species.
Section 39.
Power of Central Government to designate repositories.
Section 40.
Power of Central Government to exempt certain biological resources.
BIODIVERSITY MANAGEMENT COMMITTEES
Section 41.
Constitutions of Biodiversity Management Committees.
LOCAL BIODIVERSITY FUND
Section 42.
Grants to Local Biodiversity Fund.
Section 43.
Constitution of Local Biodiversity Fund.
Section 44.
Application of Local Biodiversity Fund.
Section 45.
Annual report of Biodiversity Management Committees.
Section 46.
Audit of accounts of Biodiversity Management Committees.
Section 47.
Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate.
MISCELLANEOUS
Section 48.
National Biodiversity Authority to be bound by the directions given by Central Government.
Section 49.
Power of State Government to give directions.
Section 50.
Settlement of disputes between State Biodiversity Boards.
Section 51.
Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants.
Section 52.
Appeal.
Section 52A.
Appeal to National Green Tribunal.
Section 53.
Execution of determination or order.
Section 54.
Protection of action taken in good faith.
Section 55.
Penalties.
Section 56.
Penalty for contravention for directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards.
Section 57.
Offences by companies.
Section 58.
Offences to be cognizable and non-bailable.
Section 59.
Act to have effect in addition to other Acts.
Section 60.
Power of Central Government to give directions to State Government.
Section 61.
Cognizance of offences.
Section 62.
Power of Central Government to make rules.
Section 63.
Power of State Government to make rules.
Section 64.
Power to make regulations.
Section 65.
Power to remove difficulties.