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CHAPTER - IX
Duties of the Central and the State Governments
Central Government to develop
National strategies, plans. etc., for conservation, etc., of
biological diversity
36.(1) The Central Government shall develop national strategies,
plans, programmes for the conservation and promotion and
sustainable use of biological diversity including measures for
identification and monitoring of areas rich in biological
resources, promotion of in situ, and ex situ, conservation of
biological resources, incentives for research, training and
public education to increase awareness with respect to
biodiversity.
(2) Where the Central Government has reason to believe that any
area rich in biological diversity, biological resources and
their habitats is being threatened by overuse, abuse or neglect,
it shall issue directives to the concerned State Government to
take immediate ameliorative measures, offering such State
Government any technical and other assistance that is possible
to be provided or needed.
(3) The Central Government shall, as far as practicable wherever
it deems appropriate, integrate the conservation, promotion and
sustainable use of biological diversity into relevant sectoral
or cross sectoral plans, programmes and policies.
4) The Central Government shall undertake measures,-
(i) wherever necessary, for assessment of environmental impact
of that project which is likely to have adverse effect on
biological diversity, with a view to avoid or minimize such
effects and where appropriate provide for public participation
in such assessment;
(ii) to regulate, manage or control the risks associated with
the use and release of living modified organisms resulting from
biotechnology likely to have adverse impact on the conservation
and sustainable use of biological diversity and human health.
(5) The Central Government shall endeavour to respect and
protect the knowledge of local people relating to biological
diversity, as recommended by the National Biodiversity Authority
through such measures, which may include registration of such
knowledge at the local, State or national levels, and other
measures for protection, including sui generis system.
Explanation:-For the purposes of this
section,-
-
"ex situ conservation" means the conservation of components
of biological diversity outside their natural habitats;
-
"in situ
conservation" means the conservation of ecosystems and natural
habitats and the maintenance and recovery of viable populations
of species in their natural surroundings and, in the case of
domesticated or cultivated species, in the surroundings where
they have developed their distinctive properties.
Biodiversity heritage sites
37.(1) Without prejudice to any other law for the time being in
force, the State Government may, from time to time in
consultation with the local bodies, notify in the Official
Gazette, areas of biodiversity importance as biodiversity
heritage sites under this Act.
(2) The State Government, in consultation with the Central
Government, may frame rules for the management and conservation
of all the heritage sites.
(3) The State Government shall frame schemes for compensating or
rehabilitating any person or section of people economically
affected by such notification.
Power of Central Government to notify
threatened species
38. Without prejudice to the provisions of any other law for the
time being in force, the Central Government, in consultation
with the concerned State Government, may from time to time notify
any species which is on the verge of extinction or likely to
become extinct in the near future as a threatened species and
prohibit or regulate collection thereof for any purpose and take
appropriate steps to rehabilitate and preserve those species.
Power of Central Government to
designate repositories
39.(1) The Central Government may, in consultation with the
National Biodiversity Authority, designate institutions as
repositories under this Act for different categories of
biological resources.
(2) The repositories shall keep in safe custody the biological
material including voucher specimens deposited with them.
(3) Any new taxon discovered by any person shall be notified to
the repositories or any institution designated for this purpose
and he shall deposit the voucher specimens with such repository
or institution.
Power of Central Government to exempt
certain biological resources
40. Notwithstanding anything contained in this Act, the Central
Government may, in consultation with the National Biodiversity
Authority, by notification in the Official Gazette, declare that
the provisions of this Act shall not apply to any items,
including biological resources normally traded as commodities.
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