Chat with us, powered by LiveChat

+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

CHAPTER III: NATIONAL BIODIVERSITY AUTHORITY

BananaIP Counsels > Biological Diversity Act > CHAPTER III: NATIONAL BIODIVERSITY AUTHORITY

CHAPTER III: NATIONAL BIODIVERSITY AUTHORITY

 

8. Establishment of National Biodiversity Authority.—

 

(1) With effect from such date as the
Central Government may, by notification in the Official Gazette, appoint, there shall be established by the
Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority.
(2) The National Biodiversity Authority shall be a body corporate by the name aforesaid, having
perpetual succession and a common seal, with power to acquire, hold and dispose of property, both
movable and immovable, and to contract, and shall by the said name sue and be sued.
(3) The head office of the National Biodiversity Authority shall be at Chennai and the National
Biodiversity Authority may, with the previous approval of the Central Government, establish offices at
other places in India.
(4) The National Biodiversity Authority shall consist of the following members, namely:—
(a) a Chairperson, who shall be an eminent person having adequate knowledge and experience in
the conservation and sustainable use of biological diversity and in matters relating to equitable
sharing of benefits, to be appointed by the Central Government;
(b) three ex officio members to be appointed by the Central Government, one representing the
Ministry dealing with Tribal Affairs and two representing the Ministry dealing with Environment and
Forests of whom one shall be the Additional Director General of Forests or the Director General of
Forests;
(c) seven ex officio members to be appointed by the Central Government to represent respectively
the Ministries of the Central Government dealing with—
(i) Agricultural Research and Education;
(ii) Biotechnology;
(iii) Ocean Development;
(iv) Agriculture and Cooperation;
(v) Indian Systems of Medicine and Homoeopathy;
(vi) Science and Technology;
(vii) Scientific and Industrial Research;
(d) five non-official members to be appointed from amongst specialists and scientists having
special knowledge of, or experience in, matters relating to conservation of biological diversity,
sustainable use of biological resources and equitable sharing of benefits arising out of the use of
biological resources, representatives of industry, conservers, creators and knowledge-holders of
biological resources.

 

9. Conditions of service of Chairperson and members.—

 

The term of office and conditions of
service of the Chairperson and the other members other than ex officio members of the National
Biodiversity Authority shall be such as may be prescribed by the Central Government.

 

10. Chairperson to be Chief Executive of National Biodiversity Authority.—

 

The Chairperson
shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and
perform such duties, as may be prescribed.

 

11. Removal of members.—

 

The Central Government may remove from the National Biodiversity
Authority any member who, in its opinion, has—
(a) been adjudged as an insolvent; or
(b) been convicted of an offence which involves moral turpitude; or
(c) become physically or mentally incapable of acting as a member; or

(d) so abused his position as to render his continuance in office detrimental to the public interest;
or
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a
member.

 

12. Meetings of National Biodiversity Authority.—

 

(1) The National Biodiversity Authority shall
meet at such time and place and shall observe such rules of procedure in regard to the transaction of
business at its meetings (including the quorum at its meetings) as may be prescribed.
(2) The Chairperson of the National Biodiversity Authority shall preside at the meetings of the
National Biodiversity Authority.
(3) If for any reason the Chairperson is unable to attend any meeting of the National Biodiversity
Authority, any member of the National Biodiversity Authority chosen by the members present at the
meeting shall preside at the meeting.
(4) All questions which come before any meeting of the National Biodiversity Authority shall be
decided by a majority of votes of the members present and voting and in the event of equality of votes,
the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote.
(5) Every member who is in any way, whether directly, indirectly or personally, concerned or
interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and
after such disclosure, the member concerned or interested shall not attend that meeting.
(6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason
of—
(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or
(b) any defect in the appointment of a person acting as a member; or
(c) any irregularity in the procedure of the National Biodiversity Authority not affecting the
merits of the case.

 

13. Committees of National Biodiversity Authority.—

 

(1) The National Biodiversity Authority may
constitute a committee to deal with agro-biodiversity.
Explanation.—For the purposes of this sub-section, “agro-biodiversity” means biological diversity of
agriculture related species and their wild relatives.
(2) Without prejudice to the provisions of sub-section (1), the National Biodiversity Authority may
constitute such number of committees as it deems fit for the efficient discharge of its duties and
performance of its functions under this Act.
(3) A committee constituted under this section shall co-opt such number of persons, who are not the
members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have
the right to attend the meetings of the committee and take part in its proceedings but shall not have the
right to vote.
(4) The persons appointed as members of the committee under sub-section (2) shall be entitled to
receive such allowances or fees for attending the meetings of the committee as may be fixed by the
Central Government.

 

14. Officers and employees of National Biodiversity Authority.—

 

(1) The National Biodiversity
Authority may appoint such officers and other employees as it considers necessary for the efficient
discharge of its functions under this Act.
(2) The terms and conditions of service of such officers and other employees of the National
Biodiversity Authority shall be such as may be specified by regulations.

 

15. Authentication of orders and decisions of National Biodiversity Authority.—

 

All orders and
decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson
or any other member authorised by the National Biodiversity Authority in this behalf and all other instruments executed by the National Biodiversity Authority shall be authenticated by the signature of an
officer of the National Biodiversity Authority authorised by it in this behalf.

 

16. Delegation of powers.—

 

The National Biodiversity Authority may, by general or special order in
writing, delegate to any member, officer of the National Biodiversity Authority or any other person
subject to such conditions, if any, as may be specified in the order, such of the powers and functions
under this Act (except the power to prefer an appeal under section 50 and the power to make regulations
under section 64) as it may deem necessary.

 

17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
India.—

 

The salaries and allowances payable to the members and the administrative expenses of the
National Biodiversity Authority including salaries, allowances and pension payable to, or in respect of,
the officers and other employees of the National Biodiversity Authority shall be defrayed out of the
Consolidated Fund of India.

 

Go to Industrial Designs Act Main Page

Go to Next Chapter

css.php
Speak with an IP Expert Today
close slider