The Biological Diversity Act, 2002

50. Settlement of disputes between State Biodiversity Boards.-

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.

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 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.

1.  

2.  

3.  

4.  

5.  

6.  

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 XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

Back

Index

Next