62Power 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:--
(a) terms and conditions of service of the Chairperson and members under section 9;
(b) powers and duties of the Chairperson under section 10;
(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 under sub-section (2) of section 19;
(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;
(k) the manner of giving notice under clause (b) of section 61;
(l) 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 or 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 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.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
- 4 Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
- 5 Sections 3 and 4 not to apply to certain collaborative research projects
- 6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority
- 7 Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes
- 8 Establishment of National Biodiversity Authority
- 9 Conditions of service of Chairperson and members
- 10 Chairperson to be Chief Executive of National Biodiversity Authority
- 11 Removal of members
- 12 Meetings of National Biodiversity Authority
- 13 Committees of National Biodiversity Authority
- 14 Officers and employees of National Biodiversity Authority
- 15 Authentication of orders and decisions of National Biodiversity Authority
- 16 Delegation of powers
- 17 Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
- 18 Functions and powers of National Biodiversity Authority
- 19 Approval by National Biodiversity Authority for undertaking certain activities
- 20 Transfer of biological resource or knowledge
- 21 Determination of equitable benefit sharing by National Biodiversity Authority
- 22 Establishment of State Biodiversity Board
- 23 Functions of State Biodiversity Board
- 24 Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc
- 25 Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board
- 26 Grants or loans by the Central Government
- 27 Constitution of National Biodiversity Fund
- 28 Annual report of National Biodiversity Authority
- 29 Budget, accounts and audit
- 30 Annual report to be laid before Parliament
- 31 Grants of money by State Government to State Biodiversity Board
- 32 Constitution of State Biodiversity Fund
- 33 Annual report of State Biodiversity Board
- 34 Audit of accounts of State Biodiversity Board
- 35 Annual report of State Biodiversity Board to be laid before State Legislature
- 36 Central Government to develop National strategies, plans, etc., for conservation, etc., of biological diversity
- 37 Biodiversity heritage sites
- 38 Power of Central Government to notify threatened species
- 39 Power of Central Government to designate repositories
- 40 Power of Central Government to exempt certain biological resources
- 41 Constitutions of Biodiversity Management Committees
- 42 Grants to Local Biodiversity Fund
- 43 Constitution of Local Biodiversity Fund
- 44 Application of Local Biodiversity Fund
- 45 Annual report of Biodiversity Management Committees
- 46 Audit of accounts of Biodiversity Management Committees
- 47 Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate
- 48 National Biodiversity Authority to be bound by the directions given by Central Government
- 49 Power of State Government to give directions
- 50 Settlement of disputes between State Biodiversity Boards
- 51 Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
- 52 Appeal
- 52A Appeal to National Green Tribunal
- 53 Execution of determination or order
- 54 Protection of action taken in good faith
- 55 Penalties
- 56 Penalty for contravention for directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards
- 57 Offences by companies
- 58 Offences to be cognizable and non-bailable
- 59 Act to have effect in addition to other Acts
- 60 Power of Central Government to give directions to State Government
- 61 Cognizance of offences
- 62 Power of Central Government to make rules
- 63 Power of State Government to make rules
- 64 Power to make regulations
- 65 Power to remove difficulties