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CHAPTER - VI
State Biodiversity Board
Establishment of State Biodiversity
Board
22.(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
he 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.
Functions of State Biodiversity Board
23. 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
utilization of biological resources;
(b) regulate by granting of approvals or otherwise requests for
commercial utilization or bio survey and bio utilization 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.
Power of State Biodiversity Board to
restrict certain activities
24.(1) Any citizen of India or a body corporate, organization 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's 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.
Provisions of sections 9 to 17 to apply
with modifications to State Biodiversity Board
25. 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;
Provisions of sections 9 to 17 to apply with modifications to
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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