48. National Biodiversity Authority to be bound by the directions given by Central
Government.—(1) Without prejudice to the foregoing provisions of this Act, the National Biodiversity
Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on
questions of policy as the Central Government may give in writing to it from time to time:
Provided that the National Biodiversity Authority shall, as far as practicable, be given opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
49. Power of State Government to give directions.—(1) Without prejudice to the foregoing
provisions of this Act, the State Biodiversity Board shall, in the discharge of its functions and duties
under this Act, be bound by such directions on questions of policy as the State Government may give in
writing to it from time to time:
Provided that the State Biodiversity Board shall, as far as practicable, be given an opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the State Government whether a question is one of policy or not shall be final.
50. Settlement of disputes 3***.—(1) If a dispute arises between the National Biodiversity Authority
and a State Biodiversity Board, the said Authority or the Board, as the case may be, may prefer an appeal
to the Central Government within such time as may be prescribed.
(2) Every appeal made under sub-section (1) shall be in such form as may be prescribed by the
Central Government.
(3) The procedure for disposing of an appeal shall be such as may be prescribed by the Central
Government:
Provided that before disposing of an appeal, the parties shall be given a reasonable opportunity of
being heard.
(4) If a dispute arises between the State Biodiversity Boards, the Central Government shall refer the
same to the National Biodiversity Authority.
1. Subs. by Act 10 of 2023, s. 33, for section 45 (w.e.f. 1-4-2024).
2. Subs. by s. 34, ibid., for section 46 (w.e.f. 1-4-2024).
3. The words “between State Biodiversity Boards” omitted by s. 35, ibid., (w.e.f. 1-4-2024).
21
(5) While adjudicating any dispute under sub-section (4), the National Biodiversity Authority shall be
guided by the principles of natural justice and shall follow such procedure as may be prescribed by the
Central Government.
(6) The National Biodiversity Authority shall have, for the purposes of discharging its functions under
this section, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908
(5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses or documents;
(e) reviewing its decisions;
(f) dismissing an application for default or deciding it ex parte;
(g) setting aside any order of dismissal of any application for default or any order passed by it
ex parte;
(h) any other matter which may be prescribed.
(7) Every proceeding before the National Biodiversity Authority shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian
Penal Code (45 of 1860) and the National Biodiversity Authority shall be deemed to be a civil court for
all the purposes of section 195 and Chapter XXV1 of the Code of Criminal Procedure, 1973 (2 of 1974).
51. Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board
deemed to be public servants.—All members, officers and other employees of the National Biodiversity
Authority or the State Biodiversity Board shall be deemed, when acting or purporting to act in pursuance
of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
52. Appeal.—Any person, aggrieved by any determination of 1
[fair and equitable sharing of benefits
or order or direction] of the National Biodiversity Authority or a State Biodiversity Board under this Act,
may file an appeal to the High Court within thirty days from the date of communication to him, of the
determination or order of the National Biodiversity Authority or the State Biodiversity Board, as the case
may be:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause
from filing the appeal within the said period, allow it to be filed within a further period not exceeding
sixty days.
2
[Provided further that nothing contained in this section shall apply on and from the commencement
of the National Green Tribunal Act, 2010 (19 of 2010):
Provided also that any appeal pending before the High Court, before the commencement of the
National Green Tribunal Act, 2010 (19 of 2010), shall continue to be heard and disposed of by the High
Court as if the National Green Tribunal had not been established under section 3 of the National Green
Tribunal Act, 2010.]
2
[52A. Appeal to National Green Tribunal.—Any person aggrieved by any determination of benefit
sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, on or
after the commencement of the National Green Tribunal Act, 2010 (19 of 2010), may file an appeal to the
National Green Tribunal establishment under section 3 of the National Green Tribunal Act, 2010, in
accordance with the provisions of that Act.]
53. Execution of determination or order.—Every determination of 3
[fair and equitable sharing of
benefits] or order made by the National Biodiversity Authority or a State Biodiversity Board under this
Act or the order made by the High Court 4
[or the National Green Tribunal] in any appeal against any
1. Subs. by Act 10 of 2023, s. 36, for “benefit sharing or order” (w.e.f. 1-4-2024).
2. Ins. by Act 19 of 2010, s. 36 and Schedule III (w. e. f. 18-10-2010).
3. Subs. by Act 10 of 2023, s. 37, for “benefit sharing” (w.e.f. 1-4-2024).
4. Ins. by s. 37, ibid., (w.e.f. 1-4-2024).
22
determination or order of the National Biodiversity Authority or a State Biodiversity Board shall, on a
certificate issued by any officer of the National Biodiversity Authority or a State Biodiversity Board or
the Registrar of the High Court 1
[or the Registrar of the National Green Tribunal], as the case may be, be
deemed to be decree of the civil court and shall be executable in the same manner as a decree of that
court.
Explanation.—For the purposes of this section and section 52, the expression “State Biodiversity
Board” includes the person or group of persons 2
[or body] to whom the powers or functions under
sub-section (2) of section 22 have been delegated under the proviso to that sub-section and the certificate
relating to such person or group of persons 2
[or body] under this section shall be issued by such person or
group of persons 2
[or body], as the case may be.
54. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Central Government or the State Government or any officer of the Central Government or
State Government or any member, officer or employee of the National Biodiversity Authority or the
State Biodiversity Board for anything which is in good faith done or intended to be done under this Act or
the rules or regulations made thereunder.
3
[55. Penalties.— If any person or entity covered under sub-section (2) of section 3 or section 7
contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or section
4 or section 6 or section 7, such person shall be liable to pay penalty which shall not be less than one lakh
rupees, but which may extend to fifty lakh rupees, but where the damage caused exceeds the amount of
penalty, such penalty shall be commensurate with the damage caused, and in case, the failure or
contravention continues, an additional penalty may be imposed, which shall not exceed one crore rupees
and such penalty shall be decided by the adjudicating officer appointed under section 55A.
55A. Adjudication of penalties. — (1) For the purposes of determining the penalties under section
55, the Central Government may appoint an officer not below the rank of Joint Secretary to the
Government of India or a Secretary to the State Government to be the adjudicating officer, to hold inquiry
in the prescribed manner and to impose the penalty so determined:
Provided that the Central Government may appoint as many adjudicating officers as may be required.
(2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the
attendance of any person acquainted with the facts and circumstances of the case to give evidence or to
produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to,
the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has
failed to comply with the provisions of section 3 or section 4 or section 6 or section 7, he may impose
such penalty as he thinks fit in accordance with the provisions of section 55:
Provided that no such penalty shall be imposed without giving the person concerned an opportunity of
being heard in the matter.
(3) Any person aggrieved by the order made by the adjudicating officer under sub-section (2) may
prefer an appeal to the National Green Tribunal established under section 3 of the National Green
Tribunal Act, 2010 (19 of 2010).
(4) Every appeal under sub-section (3) shall be filed within sixty days from the date on which the
copy of the order made by the adjudicating officer is received by the aggrieved person.
(5) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being
heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.
55B. Power to enter, inspect, survey, etc.—Any authority or officer empowered by the Central
Government may, for the purposes of carrying out inspection, survey or any such activity, have all or any
of the following powers, namely:—
(a) the power to enter upon any land, vehicle, or premises and to inspect, investigate, survey and
collect information and make a map of the same and seize the materials and records;
1. Ins. by Act 10 of 2023, s. 37, (w.e.f. 1-4-2024).
2. Ins. by s. 37, ibid., (w.e.f. 1-4-2024).
3. Subs. by s. 38, ibid., for section 55 (w.e.f. 1-4-2024).
23
(b) the powers of a civil court to compel the attendance of anyone, including witnesses and
production of documents and materials objects;
(c) the power to issue a search-warrant;
(d) the power to hold an inquiry and in the course of such inquiry, receive and record evidence;
(e) such other power as may be prescribed.]
56. Penalty for contravention of directions or orders of Central Government, State
Government, National Biodiversity Authority and State Biodiversity Boards.—If any person
contravenes any direction given or order made by the Central Government, the State Government, the
National Biodiversity Authority or the State Biodiversity Board for which no punishment has been
separately provided under this Act, he shall be punished with a fine which may extend to one lakh rupees
and in case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the
case of continuous contravention with additional fine which may extend to two lakh rupees every day
during which the default continues.
57. Offences by companies—(1) Where an offence or contravention under this Act has been
committed by a company, every person who at the time the offence or contravention was committed was
in charge of, and was responsible to, the company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence or contravention and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence or contravention was committed without his
knowledge or that he had exercised all due diligence to prevent the commission of such offence or
contravention.
(2) Notwithstanding anything contained in sub-section (1), where an offence or contravention under
this Act has been committed by a company and it is proved that the offence or contravention has been
committed with the consent or connivance of, or is attributable to, any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager, secretary or other officer shall
also be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
58. [Offences to be cognizable and non-bailable.]—Omitted by the Biological Diversity
(Amendment) Act, 2023 (10 of 2023), s. 39 (w.e.f. 1-4-2024).
59. Act to have effect in addition to other Acts.—The provisions of this Act shall be in addition to,
and not in derogation of, the provisions in any other law, for the time being in force, relating to forests or
wildlife.
1
[59A. Act not to apply to certain persons.—The provision of this Act shall not apply to any person
who has been given any approval or granted any right under any law relating to protection of plant
varieties enacted by Parliament to the extent that such approvals or rights given under that Act does not
require similar approval under this Act.]
60. Power of Central Government to give directions to State Government.—The Central
Government may give directions to any State Government as to the carrying into execution in the State of
any of the provisions of this Act or of any rule or regulation or order made thereunder.
61. Cognizance of offences.—No Court shall take cognizance of any offence under this Act except
on a 2
[written complaint] made by—
1. Ins. by Act 10 of 2023, s. 40 (w.e.f. 1-4-2024).
2. Subs. by s. 41, ibid., for “complaint” (w.e.f. 1-4-2024).
24
(a) the Central Government or any authority or officer authorised in this behalf by that
Government; or
(b) 1
[any person or a benefit claimer] who has given notice of not less than thirty days in the
prescribed manner, of such offence and of his intention to make a complaint, to the Central
Government or the authority or officer authorised as aforesaid.
62. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
2
[(a) the manner of obtaining the certificate of origin under sub-section (2) of section 7;
(aa) the books on the basis of which the certificate of origin to be issued, the manner of
maintaining such books and the manner of issuing such certificate under sub-section (3) of section 7;
(ab) the terms and conditions of service of the Chairperson, Member-Secretary and other
members under section 9;]
(b) powers and duties of the Chairperson under section 10;
3
[(ba) the other functions to be performed by the Member-Secretary;]
(c) procedure under sub-section (1) of section 12 in regard to transaction of business at meetings;
(d) form of application and payment of fees for undertaking certain activities under
sub-section (1) of section 19;
(e) the form and manner of making an application 3
[and payment of fees] under sub-section (2) of
section 19;
3
[(ea) form of application and payment of fees under sub-section (1) of section 20;]
(f) form of application and the manner for transfer of biological resource or knowledge under
sub-section (2) of section 20;
(g) form in which, and the time of each financial year at which, the annual report of the National
Biodiversity Authority shall be prepared and the date before which its audited copy of accounts
together with auditor's report thereon shall be furnished under section 28;
(h) form in which the annual statement of account shall be prepared under sub-section (1) of
section 29;
(i) the time within which and the form in which, an appeal may be preferred, the procedure for
disposing of an appeal and the procedure for adjudication, under section 50;
(j) the additional matter in which the National Biodiversity Authority may exercise powers of the
civil court under clause (h) of sub-section (6) of section 50;
3
[(ja) the manner of holding inquiry by the adjudicating officer under section 55A;
(jb) the other power under clause (e) of section 55B;]
(k) the manner of giving notice under clause (b) of section 61;
(1) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be made, by rules.
(3) Every rule made under this section and every regulation made under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid, both
1. Subs. by Act 10 of 2023, s. 41, for “any benefit claimer” (w.e.f. 1-4-2024).
2. Subs. by s. 42, ibid., for clause (a) (w.e.f. 1-4-2024).
3. Ins. by s. 42, ibid. (w.e.f. 1-4-2024).
25
Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or
regulation should not be made, the rule or regulation shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule or regulation.
63. Power of State Government to make rules.—(1) The State Government may, by notification in
the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the other functions to be performed by the State Biodiversity Board under clause (c) of
section 23;
(b) the form in which the prior intimation shall be given under sub-section (1) of section 24;
(c) the form in which, and the time of each financial year at which, the annual report shall be
prepared under section 33;
(d) the manner of maintaining and auditing the accounts of the State Biodiversity Board and the
date before which its audited copy of the accounts together with auditor's report thereon shall be
furnished under section 34;
(e) management and conservation of national heritage sites under section 37;
1
[(ea) the composition of the Biodiversity Management Committee under sub-section (1B) of
section 41;]
(f) the manner of management and custody of the Local Biodiversity Fund and the purposes for
which such Fund shall be 2
[utilised] under sub-section (1) of section 44;
(g) the form of 3
[annual statement] and the time at which such report shall be prepared during
each financial year under section 45;
(h) the manner of maintaining and auditing the accounts of the Local Biodiversity Fund and the
date before which its audited copy of the accounts together with auditor's report thereon shall be
furnished under section 46;
(i) any other matter which is to be, or may be, specified.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after
it is made, before each House of the State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
64. Power to make regulations.—The National Biodiversity Authority shall, with the previous
approval of the Central Government, by notification in the Official Gazette, make regulations for carrying
out the purposes of this Act.
65. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.