22. Establishment of State Biodiversity Board.—(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 2
[or body] 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 be sued.
(4) The Board shall consist of the following members, namely:—
3
[(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 State Government;
(b) not more than seven ex officio members to be appointed by the State Government to represent
the concerned departments of the State Government, including departments dealing Panchayati Raj
and tribal affiairs;
(c) not more than five non-official members to be appointed from amongst experts, including
legal experts, scientists having special knowledge, expertise and work experience in matters relating
to conservation of biological diversity, sustainable use of biological resources and fair 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.
23. Functions of State Biodiversity Board.—The functions of the State Biodiversity Board shall be
to—
4
[(a) advise the State Government on matters relating to the conservation of biodiversity,
sustainable use of its components and fair and equitable sharing of benefits arising out of the
utilisation of biological resources or traditional knowledge associated thereto, in conformity with the
regulations or guidelines if any, issued by the Central Government or the National Biodiversity
Authority;
(b) regulate any activity referred to in section 7 by granting or rejecting approvals;
1. Subs. by Act 10 of 2023, s. 19, for the proviso (w.e.f. 1-4-2024).
2. Ins. by s. 20, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 20, ibid., for clauses (a), (b) and (c) (w.e.f. 1-4-2024).
4. Subs. by s. 21, ibid., for clauses (a) and (b) (w.e.f. 1-4-2024).
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(ba) determine the fair and equitable sharing of benefits as provided under the regulations made
in this behalf by the National Biodiversity Authority while granting approvals;]
(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.
24. Power of State Biodiversity Board to restrict certain activities violating the objectives of
conservation, etc.—1
[(1) Any person other than the person referred to in sub-section (2) of section 3,
intending to undertake any activity covered under section 7, shall give prior intimation to the State
Biodiversity Board, in such form as may be prescribed by the State Government.]
2
[(2) If the State Biodiversity Board is of the opinion that such activity is detrimental or contrary to
the objectives of conservation and sustainable use of biodiversity of fair and equitable sharing of benefits
arising out of such activity, it may by order, restrict or reject such activity:
Provided that no such order or rejection shall be made without giving an opportunity of being
heard to the person concerned.
(3) The State Biodiversity Board shall place in public domain the details of every approval granted or
rejected under this section.]
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.—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;
(c) reference to the Consolidated Fund of India shall be construed as reference to the
Consolidated Fund of the State.