Section 8 of The Biological Diversity Act
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established by the Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority.
(2) The National Biodiversity Authority 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 be sued.
1[(3) The head office of the National Biodiversity Authority shall be at Chennai and the National Biodiversity Authority may, with the previous approval of the Central Government, establish offices at other places in India.]
(4) The National Biodiversity Authority shall consist of the following members, namely:–
2[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and experience in the conservation and sustainable use of biological diversity and in matters relating to fair and equitable sharing of benefits, to be appointed by the Central Government;
(b) sixteen ex officio members to be appointed by the Central Government, representing the Ministries dealing with–
(i) Agricultural Research and Education;
(ii) Agriculture and Farmers Welfare;
(iii) Ayurveda, Unani, Siddha, Sowa Rigpa, Yoga and Naturopathy and Homoeopathy;
(iv) Biotechnology;
(v) Environment and Climate Change;
(vi) Forests and Wildlife;
(vii) Indian Council of Forestry Research and Education;
(viii) Earth Sciences;
(ix) Panchayati Raj;
(x) Science and Technology;
(xi) Scientific and Industrial Research;
(xii) Tribal Affairs;
(c) four representatives from State Biodiversity Boards on rotational basis;]
(d) five non-official members to be appointed from amongst 3[experts including legal expertsic9653 and scientists having special knowledge of, or experience in, matters relating to conservation of biological diversity, sustainable use of biological resources and 4[fair and equitable] sharing of benefits arising out of the use of biological resources, representatives of industry, conservers, creators and knowledge-holders of biological resources.
5[(e) a Member-Secretary, who shall have experience in matters relating to biodiversity conservation, to be appointed by the Central Government.]1. Subs. by Act 10 of 2023, s. 10, for sub-section (3) (w.e.f. 1-4-2024).
2. Subs. by s. 10, ibid., for clauses (a), (b) and (c) (w.e.f. 1-4-2024).
3. Subs. by s. 10, ibid., for “specialists” (w.e.f. 1-4-2024).
4. Subs. by s. 10, ibid., for “equitable” (w.e.f. 1-4-2024).
5. Ins. by s. 10, ibid., (w.e.f. 1-4-2024).
Section 9 of The Biological Diversity Act
9. Conditions of service of 1[Chairperson, members and Member-Secretary.]–The term of office and conditions of service of the Chairperson and the other members other than ex officio members of the National Biodiversity Authority 2[and of Member-Secretary] shall be such as may be prescribed by the Central Government.1. Subs. by Act 10 of 2023, s. 11, for “Chairperson and members” (w.e.f. 1-4-2024).
2. Ins. by s. 11, ibid. (w.e.f. 1-4-2024).
Section 10 of The Biological Diversity Act
The Chairperson shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and perform such duties, as may be prescribed.
Section 10A of The Biological Diversity Act
1[10A. Member Secretary.–(1) The Member-Secretary shall be the chief coordinating officer and the convener of the National Biodiversity Authority and shall assist that Authority in the discharge of its functions under this Act.
(2) The Member-Secretary shall perform such other functions as may be prescribed.]1. Ins. by Act 10 of 2023, s. 12, (w.e.f. 1-4-2024).
Section 11 of The Biological Diversity Act
The Central Government may remove from the National Biodiversity Authority any member who, in its opinion, has–
(a) been adjudged as an insolvent; or
(b) been convicted of an offence which involves moral turpitude; or
(c) become physically or mentally incapable of acting as a member; or
(d) so abused his position as to render his continuance in office detrimental to the public interest; or
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a member.
Section 12 of The Biological Diversity Act
(1) The National Biodiversity Authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be prescribed.
(2) The Chairperson of the National Biodiversity Authority shall preside at the meetings of the National Biodiversity Authority.
(3) If for any reason the Chairperson is unable to attend any meeting of the National Biodiversity Authority, any member of the National Biodiversity Authority chosen by the members present at the meeting shall preside at the meeting.
(4) All questions which come before any meeting of the National Biodiversity Authority shall be decided by a majority of votes of the members present and voting and in the event of equality of votes, the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote.
(5) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested shall not attend that meeting.
(6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason of–
(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or
(b) any defect in the appointment of a person acting as a member; or
(c) any irregularity in the procedure of the National Biodiversity Authority not affecting the merits of the case.
Section 13 of The Biological Diversity Act
(1) The National Biodiversity Authority may constitute a committee to deal with agro-biodiversity.
Explanation.–For the purposes of this sub-section, “agro-biodiversity” means biological diversity of agriculture related species and their wild relatives.
1[(2) The National Biodiversity Authority may also constitute such number of committees as it deems fit for the efficient discharge of its duties and performance of its functions under this Act.]
(3) A committee constituted under this section shall co-opt such number of persons, who are not the members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote.
(4) The persons appointed as members of the committee under sub-section (2) shall be entitled to receive such allowances or fees for attending the meetings of the committee as may be fixed by the Central Government.1. Ins. by Act 10 of 2023, s. 13 (w.e.f. 1-4-2024).
Section 14 of The Biological Diversity Act
(1) The National Biodiversity Authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of service of such officers and other employees of the National Biodiversity Authority shall be such as may be specified by regulations.
Section 15 of The Biological Diversity Act
All orders and decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson 1[or Member-Secretary] or any other member authorised by the National Biodiversity Authority in this behalf and all other instruments executed by the National Biodiversity Authority shall be authenticated by the 2[signature of Member-Secretary or an officer] of the National Biodiversity Authority authorised by it in this behalf.1. Ins. by Act 10 of 2023, s. 14, (w.e.f. 1-4-2024).
2. Subs. by s. 14, ibid., for “signature of an officer” (w.e.f. 1-4-2024).
Section 16 of The Biological Diversity Act
The National Biodiversity Authority may, by general or special order in writing, delegate to any member, officer of the National Biodiversity Authority or any other person subject to such conditions, if any, as may be specified in the order, such of the powers and functions under this Act (except the power to prefer an appeal under section 50 and the power to make regulations under section 64) as it may deem necessary.