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Bare Acts

The Biological Diversity Act, 2002

An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.

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Act Details

Act Number:

18

Act Year:

2003

Location:

Rajasthan

Enactment Date:

2/5/2003

Enforcement Date:

01-10-2003

Department:

Forest department

Full List of Biological Diversity Act Sections

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY

Section 3 to Section 7

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

Certain provisions 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 accessing biological resource for certain purposes.

NATIONAL BIODIVERSITY AUTHORITY

Section 8 to Section 17

Section 8

Establishment of National Biodiversity Authority.

Section 9

Conditions of service of Chairperson, members and Member-Secretary.

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

Section 18

Functions and powers of National Biodiversity Authority.

APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY

Section 19 to Section 21

Section 19

Approval by National Biodiversity Authority for undertaking certain activities.

Section 20

Transfer of results of research.

Section 21

Determination of fair and equitable benefit sharing by National Biodiversity Authority.

STATE BIODIVERSITY BOARD

Section 22 to Section 25

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 to Section 30

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 to Section 35

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 to Section 40

Section 36

Central Government to develop national strategies and plans for conservation, promotion and sustainable use 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

Provisions of this Act not to apply in certain cases.

BIODIVERSITY MANAGEMENT COMMITTEES

Section 41

Section 41

Constitutions of Biodiversity Management Committees.

LOCAL BIODIVERSITY FUND

Section 42 to Section 47

Section 42

Grants to Local Biodiversity Fund.

Section 43

Constitution of Local Biodiversity Fund.

Section 44

Application of Local Biodiversity Fund.

Section 45

Annual statement 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.

LOCAL BIODIVERSITY FUND

Section 48 to Section 65

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.

Section 51

Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants.

Section 52

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

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

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.