Chat with us, powered by LiveChat

+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

Biological Diversity Act

BananaIP Counsels > Biological Diversity Act

THE BIOLOGICAL DIVERSITY ACT, 2002

 

ARRANGEMENT OF SECTIONS

 

CHAPTER I: PRELIMINARY

 

1. Short title, extent and commencement.
2. Definitions.

 

CHAPTER II: REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY

 

3. Certain persons not to undertake Biodiversity-related activities without approval of National
Biodiversity Authority.
4. Results of research not to be transferred to certain persons without the approval of National
Biodiversity Authority.
5. Sections 3 and 4 not to apply to certain collaborative research projects.
6. Application for intellectual property rights not to be made without approval of National
Biodiversity Authority.
7. Prior intimation to State Biodiversity Board for obtaining biological resource for certain
purposes.

 

CHAPTER III: NATIONAL BIODIVERSITY AUTHORITY

 

8. Establishment of National Biodiversity Authority.
9. Conditions of service of Chairperson and members.
10. Chairperson to be Chief Executive of National Biodiversity Authority.
11. Removal of members.
12. Meetings of National Biodiversity Authority.
13. Committees of National Biodiversity Authority.
14. Officers and employees of National Biodiversity Authority.
15. Authentication of orders and decisions of National Biodiversity Authority.
16. Delegation of powers.
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
India.

CHAPTER IV: FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY

 

18. Functions and powers of National Biodiversity Authority.

 

CHAPTER V: APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY

 

19. Approval by National Biodiversity Authority for undertaking certain activities.
20. Transfer of biological resource or knowledge.
21. Determination of equitable benefit sharing by National Biodiversity Authority.

 

CHAPTER VI: STATE BIODIVERSITY BOARD

 

22. Establishment of State Biodiversity Board.
23. Functions of State Biodiversity Board.
24. Power of State Biodiversity Board to restrict certain activities violating the objectives of
conservation, etc.
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.

 

CHAPTER VII: COMPULSORY LICENCE

 

26. Grants or loans by the Central Government.
27. Constitution of National Biodiversity Fund.
28. Annual report of National Biodiversity Authority.
29. Budget, accounts and audit.
30. Annual report to be laid before Parliament.

 

CHAPTER VIII: FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD

 

31. Grants of money by State Government to State Biodiversity Board.
32. Constitution of State Biodiversity Fund.
33. Annual report of State Biodiversity Board.
34. Audit of accounts of State Biodiversity Board.
35. Annual report of State Biodiversity Board to be laid before State Legislature.

 

CHAPTER IX: DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS

 

36. Central Government to develop National strategies, plans, etc., for conservation, etc., of
biological diversity.
37. Biodiversity heritage sites.
38. Power of Central Government to notify threatened species.
39. Power of Central Government to designate repositories.
40. Power of Central Government to exempt certain biological resources.

 

CHAPTER X: BIODIVERSITY MANAGEMENT COMMITTEES

 

41. Constitutions of Biodiversity Management Committees.

 

 

CHAPTER XI: LOCAL BIODIVERSITY FUND

 

42. Grants to Local Biodiversity Fund.
43. Constitution of Local Biodiversity Fund.
44. Application of Local Biodiversity Fund.
45. Annual report of Biodiversity Management Committees.
46. Audit of accounts of Biodiversity Management Committees.

47. Annual report, etc., of Biodiversity Management Committee to be submitted to District
Magistrate.

 

CHAPTER XII: MISCELLANEOUS

 

48. National Biodiversity Authority to be bound by the directions given by the Central Government.
49. Power of State Government to give directions.
50. Settlement of disputes between State Biodiversity Boards.
51. Members, officers, etc., of the National Biodiversity Authority and State Biodiversity Board, deemed
to be public servants.
52. Appeal.
52A. Appeal to National Green Tribunal.
53. Execution of determination or order.
54. Protection of action taken in good faith.
55. Penalties.
56. Penalty for contravention for directions or orders of Central Government, State Government,
National Biodiversity Authority and State Biodiversity Boards.
57. Offenses by companies.
58. Offenses to be cognizable and non-bailable.
59. Act to have effect in addition to other Acts.
60. Power of Central Government to give directions to the State Government.
61. Cognizance of offenses.
62. Power of Central Government to make rules.
63. Power of State Government to make rules.
64. Power to make regulations.
65. Power to remove difficulties.

Speak with an IP Expert Today
close slider
css.php