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CHAPTER VI: STATE BIODIVERSITY BOARD

BananaIP Counsels > Biological Diversity Act > CHAPTER VI: STATE BIODIVERSITY BOARD

CHAPTER VI: STATE BIODIVERSITY BOARD

 

22. Establishment of State Biodiversity Board.—

 

(1) With effect from such date as the State
Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established
by that Government for the purposes of this Act, a Board for the State to be known as
the______________ (name of the State) Biodiversity Board.
(2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be
constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority
shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory:
Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all
or any of its powers or functions under this sub-section to such person or group of persons as the Central
Government may specify.
(3) The Board 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.
(4) The Board 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 State Government;
(b) not more than five ex officio members to be appointed by the State Government to represent
the concerned Departments of the State Government;
(c) not more than five members to be appointed from amongst experts 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.
(5) The head office of the State Biodiversity Board shall be at such place as the State Government
may, by notification in the Official Gazette, specify.

 

23. Functions of State Biodiversity Board.—The functions of the State Biodiversity Board shall be
to—

 

(a) advise the State Government, subject to any guidelines issued by the Central Government, on
matters relating to the conservation of biodiversity, sustainable use of its components and equitable
sharing of the benefits arising out of the utilisation of biological resources;
(b) regulate by granting of approvals or otherwise requests for commercial utilisation or
bio-survey and bio-utilisation of any biological resource by Indians;
(c) perform such other functions as may be necessary to carry out the provisions of this Act or as
may be prescribed by the State Government.

 

24. Power of State Biodiversity Board to restrict certain activities violating the objectives of
conservation, etc.—

 

(1) Any citizen of India or a body corporate, organisation or association registered in
India intending to undertake any activity referred to in section 7 shall give prior intimation in such form
as may be prescribed by the State Government to the State Biodiversity Board.
(2) On receipt of an intimation under sub-section (1), the State Biodiversity Board may, in
consultation with the local bodies concerned and after making such enquires as it conservation, may deem
fit, by order, prohibit or restrict any such activity if it is of opinion that such activity is detrimental or
contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of
benefits arising out of such activity:
Provided that no such order shall be made without giving an opportunity of being heard to the person
affected.

(3) Any information given in the form referred to in sub-section (1) for prior intimation shall be kept
confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned
thereto.

 

25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.—

 

The provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the
following modifications, namely:—
(a) references to the Central Government shall be construed as references to the State
Government;
(b) references to the National Biodiversity Authority shall be construed as references to the State
Biodiversity Board;
(c) reference to the Consolidated Fund of India shall be construed as reference to the
Consolidated Fund of the State.

 

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