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THE BIOLOGICAL DIVERSITY RULES, 2004

1. Short title and commencement

1.      These rules may be called the Biological Diversity Rules, 2004.

2.      Thus shall come into force on 15th April, 2004.

2. Definitions –

In these rules, unless the context otherwise requires, –

1.      “Act” means the Biological Diversity Act 2002 ( 18 of 2003);

2.      “Authority” means the National Biodiversity Authority established
under sub- section (1) of Section 8,

3.      “Biodiversity Management Committee” means a Biodiversity Management Committee established by a local body under sub-section (1) of Section 41;

4.      “Chairperson” means the chairperson of the National Biodiversity Authority or as the case may be, of the State Biodiversity Board.

5.      “fee” means any fee stipulated in the Schedule;

6.      “Form” means form annexed to these rules;

7.      “Member” means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the chairperson as the case may be;

8.      “section” means a section of the Act;

9.      “Secretary” means the full time Secretary of the Authority.

10.  words and expressions used but not defined in these rules and defined in the Act shall have the meaning respectively assigned to them in the Act.

3.  Manner of selection and appointment of the Chairperson

1.      The Chairperson of the Authority shall be appointed by the Central Government.

2.      Every appointment of Chairperson under sub-section (1) shall be made either on deputation basis or by selection from outside the Central Government. In case the appointment is through deputation, the applicant should not be below the rank of Additional Secretary to the Government of India.

4.   Term of Office of the Chairperson

1.      The Chairperson of the Authority shall hold the office for a term of three years’ and shall be eligible for re-appointment,

2.      Provided that no Chairperson shall hold office as such after he attains the age of sixty five years or his term of office expires which is earlier.

3.      The Chairperson may resign from his office by giving at least one month notice in writing to the Central Government.

5.    Pay  and Allowances of Chairperson :-

1.      A Chairperson shall be entitled to a fixed pay of Rs. 26,000/- per month. In case of retired person is appointed as Chairperson, his pay shall be fixed in accordance with the orders of the Central Government as applicable to such persons. .

2.      A Chairperson shall be entitled to such allowances, leave, pension, provident fund, house and other perquisites etc. to be decided by the Central Government from time to time.

6.   Term of  Office and Allowances of non-official Members. –

1.      Every non-official member of the Authority shall hold his office for a term not exceeding three years at a time from the date of publication of his appointment in the official Gazette.

2.      Every non-official member attending the meeting of the Authority shall be entitled to sitting allowance, travelling expenses, daily allowance and such other allowances as are applicable to non-official member of commissions and committees of the Central Government attending the meeting (s) of such Commissions or Committees.

7.   Filling up of vacancies of non-official members

1.      A non-official member of the Authority may resign his office at any time by giving in writing under his hand addressed to the Central Government and the seat of that member in the Authority shall become vacant.

2.      A casual vacancy of a non-official member in the Authority shall be filled up by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term of the member in whose place he was nominated

8.    Removal of the members of the Authority.

No member of the Authority shall be removed from his office on any ground specified in section 11, without a due and proper enquiry by an officer  not below the rank of a Secretary to the Government of India appointed by the Central Government and without giving  such member a reasonable opportunity of being heard.

9.    Secretary of the Authority

1.      The Authority shall appoint a Secretary to it.

2.      The terms and conditions of the appointment of the Secretary shall be determined by the Authority by regulation.

3.      The Secretary shall be responsible for co-coordinating and convening the meetings of the Authority, maintenance of the records of the proceedings of the Authority and such other matters as may be assigned to him by the Authority.

10.   Meetings of the Authority

1.      The Authority shall meet at least four times in a year normally after a period of three months at the Head quarters of the Authority or at such place as may be decided by the Chairperson.

2.      The Chairperson shall, upon a written request from not less than five Members of the Authority or upon a direction of the Central Government, call a special meeting of the Authority.

3.      The members shall be given at least fifteen days’ notice for holding an ordinary meeting and atleast three days’ notice for holding a special meeting specifying the purpose, the time and the place at which such meeting is to be held.

4.      Every meeting shall be presided over by the Chairperson and in his absence, by a presiding officer to be elected by the members present from amongst themselves.

5.      The decision of the Authority at a meeting shall, if necessary, be taken by a simple majority of the Members present and voting and the Chairperson or in his absence, the Member presiding shall have a second or casting vote.

6.      Each member shall have one vote.

7.      The quorum at every meeting of the Authority shall be five.

8.      No Member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten days’ notice unless the Chairperson in his discretion permits him to do so.

9.      Notice of the meeting may be given to the Members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Secretary of the Authority may, in the circumstances of the case, think fit.

11.   Appointment of Expert Committee by the Authority and their entitlements :-

1.      The Authority may constitute any number of Committees for such purposes as it may deem fit consisting wholly of members or wholly of other persons or partly of members or partly of other persons.

2.      The members of the Committee other than the members of the Authority shall be paid such fees and allowances for attending the meetings as the Authority may deem fit.

12.   General functions of the Authority :-

The Authority may perform the following functions; namely :-

1.      lay down the procedure and guidelines to govern the activities provided under sections 3, 4 and 6;

2.      advise the Central Government on any matter concerning conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;

3.      coordinate the activities of the State Bio-diversity Boards;

4.      provide technical assistance and guidance to the State Bio-diversity Boards;

5.      commission studies and sponsor investigations and research;

6.      engage consultants, for a specific period, not exceeding three years, for providing technical assistance to the Authority in the effective discharge of its functions:

Provided that if it is necessary and expedient to engage any  consultant beyond the period of three years, the Authority shall seek  prior approval of the Central Government for such an engagement:

i.            collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;

ii.            organise through mass media a comprehensive programme regarding conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.

iii.            plan and organise training of personnel engaged or likely to be engaged in programmes for the conservation of biodiversity and sustainable use of its components;

iv.            prepare the annual Budget of the Authority incorporating its own receipts as also the devaluation from the Central Government provided that the allocation by the Central Government shall be operated in accordance with the budget provisions approved by the Central Government;

v.            recommend creation of posts to the Central Government, for effective discharge of the functions by the Authority and to create such posts, provided that no such post whether permanent/ temporary or of any nature, would be created without prior approval of the Central Government;

vi.            approve the method of recruitment to the officers and servants of the Authority;

vii.            take steps to build up data base and to create information and documentation system for biological resources and associated traditional knowledge through biodiversity registers and electronic data bases, to ensure effective management, promotion and sustainable uses;

viii.            give directions to State Biodiversity Boards and the Biodiversity Management Committees in writing for effective implementation of the Act ;

ix.            report to the Central Government about the functioning of the Authority and implementation of the Act ;

x.            recommend, modify, collection of benefit sharing fee under sub section (1) of Section 6 or Changes of royalties under sub-section (2) of section 19 in respect of biological resources from time to time ;

xi.            sanction grants-in-aid and grants to the State Biodiversity Board and Bio -diversity Management Committees for specific purposes;
undertake physical inspection of any area in connection with the implementation of the Act ;

xii.            take necessary measures including appointment of legal experts to oppose grant of intellectual property right in any country outside India on any biological resource and associated knowledge obtained from India in an illegal manner;

xiii.            do such other functions as may be assigned or directed by the Central Government from time to time.

13.   Powers and duties of  Chairperson

1.      The Chairperson shall have the overall control of the day- to -day activities of the Authority.

2.      Subject to the provisions of Section 10, the Chairperson shall have the powers of general superintendence over the officers and staff of the Authority and he may issue necessary directions for the conduct and management of the affairs of the Authority.

3.      The Chairperson s