← Back to Directory
Chhattisgarh Biological Diversity Rules, 2015
Chhattisgarh Biological Diversity Rules, 2015
Sections
1. Short title and commencement.
Section 12. Definitions.
Section 23. Manner of selection and appointment of the Chairperson.
Section 34. Term of Office of the Chairperson.
Section 45. Pay and Allowances of the Chairperson.
Section 56. Appointment, Term of office and Allowances of Expert Member.
Section 67. Filling up of vacancies of Expert Member.
Section 78. Appointment of the Ex-officio Members.
Section 89. Head Office of the Board.
Section 910. Member Secretary of the Board.
Section 1011. Meetings of the Board.
Section 1112. Appointment of Expert Committee by the Board and their entitlements.
Section 1213. General functions of the Board.
Section 1314. Powers and duties of the Chairperson.
Section 1415. Setup of the Board.
Section 1516. Terms and conditions of service of employees of the Board.
Section 1617. Procedure for access to/collection of biological resources.
Section 1718. Restriction on activities related to access to biological resources.
Section 1819. Revocation of access/approval.
Section 1920. Operation of State Biodiversity Fund.
Section 2021. Annual Report and Annual Statement of Accounts.
Section 2122. Establishment and Management of Biodiversity Heritage Site.
Section 2223. Constitution of Biodiversity Management Committees (BMC).
Section 2324. Local Biodiversity Fund.
Section 2425. Appeal for settlement of disputes.
Section 25
chhattisgarh-biological-diversity-rules-2015.json
•
25 Sections
•
Chhattisgarh
{
"id": 15955,
"slug": "chhattisgarh-biological-diversity-rules-2015",
"title": "Chhattisgarh Biological Diversity Rules, 2015",
"short_title": "Chhattisgarh Biological Diversity Rules, 2015",
"act_number": "Published vide Notification No. 08-04/2011/10-2, d",
"act_year": 2015,
"act_type": "STATE",
"location": "Chhattisgarh",
"law_status": "unknown",
"enactment_date": null,
"description": "Chhattisgarh Biological Diversity Rules, 2015",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(a) \"Act\" means the Biological Diversity Act, 2002 (No. 18 of 2003);\n(b) \"Authority\" means the National Biodiversity Authority established under sub-section (1) of Section 8 of the Act;\n(c) \"Board\" means the Chhattisgarh State Biodiversity Board established under sub-section (1) of Section 22 of the Act;\n(d) \"Chairperson\" means the Chairperson of the State Biodiversity Board appointed under clause (a) of sub-section (4) of Section 22 of the Act;\n(e) \"Committee\" means Biodiversity Management Committee established by the local bodies under sub-section (1) of Section 41 of the Act;\n(f) \"Expert Member\" means member of the National Biodiversity Authority or a State Biodiversity Board, 'as the case may be and includes the Chairperson thereof;\n(g) \"Fee\" means any fee stipulated in these Rules;\n(h) \"Form\" means form appended to these Rules;\n(i) \"Member Secretary\" means the Member-Secretary of the Board;\n(j) \"Section\" means a section of the Act;\n(k) \"State Government\" means the Government of Chhattisgarh;",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Manner of selection and appointment of the Chairperson.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "4",
"title": "4. Term of Office of the Chairperson.",
"chapter": null,
"content": "(a) been adjudged as an insolvent; or\n(b) been convicted of an offence which involves moral turpitude; or\n(c) become physically or mentally incapable of acting as member; or\n(d) abused his position as to render his continuance in office detrimental to the public interest; or\n(e) acquired such financial or other interest which is prejudicial to his functions as Chairperson :",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "5",
"title": "5. Pay and Allowances of the Chairperson.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "6. Appointment, Term of office and Allowances of Expert Member.",
"chapter": null,
"content": "(a) been adjudged as an insolvent; or\n(b) been convicted of an offence which involves moral turpitude; or\n(c) become physically or mentally incapable of acting as member; or\n(d) abused his position as to render his continuance in office detrimental to the public interest; or\n(e) acquired such financial or other interest which is prejudicial his functions as an expert member :",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "7. Filling up of vacancies of Expert Member.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "8. Appointment of the Ex-officio Members.",
"chapter": null,
"content": "(I) Three Ex-officio members shall be appointed from the following department/organizations, namely :-\n(a) Department of Agriculture, Chhattisgarh;\n(b) Department of Animal Husbandry, Chhattisgarh;\n(c) Department of Fisheries, Chhattisgarh;\n(d) Department of Horticulture, Chhattisgarh;\n(e) Council of Science and technology, Chhattisgarh;\n(f) Department of Culture and Tourism, Chhattisgarh;\n(g) Department of Environment, Chhattisgarh;\n(h) Department of Indian System of Medicines and Homeopathy;\n(i) Chhattisgarh State Medicinal Plant Board, Raipur;\n(j) Chhattisgarh State Forest Research and Training Institute, Raipur;\n(k) Department of Tribal Welfare, Chhattisgarh.\n(II) Head of the Department of Forest, Chhattisgarh dealing with the affairs of Biodiversity;\n(III) Member Secretary of the Board.",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "9. Head Office of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "10",
"title": "10. Member Secretary of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "11",
"title": "11. Meetings of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "12",
"title": "12. Appointment of Expert Committee by the Board and their entitlements.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "13",
"title": "13. General functions of the Board.",
"chapter": null,
"content": "(i) lay down the procedure and guidelines to govern the activities provided under Section 23 of the Act;\n(ii) advice the State Government on any matter concerning conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;\n(iii) provide technical assistance and guidance to the departments of the State Government;\n(iv) regulate by granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization for commercial utilisation of any biological resource by Indian citizen, or body corporate, association or organization registered in India except those covered under Section 3 (2) of the Act;\n(v) facilitate updating and implementation of State Biodiversity Strategy and Action Plan;\n(vi) shall conduct studies and sponsor investigations and research;\n(vii) engage consultant for a specific period, not exceeding three years, for providing technical assistance to the Board in the effective discharge of its functions :\n(viii) collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of biological biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;\n(ix) organize through mass media a comprehensive programme regarding conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resources and knowledge;\n(x) plan and organize training of personnel engaged or likely to be engaged in programmes for the conservation of biological diversity and sustainable use of its components;\n(xi) take steps to build up database and to create information and documentation system for biological resources and associated additional knowledge through biodiversity registers and electronics data bases, to ensure effective management, promotion and sustainable uses;\n(xii) give direction to Government organizations, the local bodies/ Biodiversity Management Committees for effective implementation of the Act and to facilitate their meaningful participation in all measures relating to conservation, sustainable use, and equitable benefit-sharing;\n(xiii) sanction grants-in aid and grants to Biodiversity Management Committees for specific purposes;\n(xiv) undertake physical inspection of any area in connection with the implementation of the Act;\n(xv) report to the State Government about the functioning of the Board and implementation of the Act and the Rules made thereunder;\n(xvi) recommend, prescribed modify the collection of the fee by BMCs from any person for accessing or collecting any biological resource for commercial purposes;\n(xvii) to devise methods to ensure protection of rights including intellectual property rights over biological resources and associated knowledge including systems of maintaining confidentiality of such information as appropriate, including the protection of the information recorded in People's Biodiversity Registers;\n(xviii) ensure that biodiversity and biodiversity-dependent livelihoods are integrated into all sectors of planning and management and at all levels of planning from local to state, to enable such sectors and administrative levels to contribute for conservation and sustainable use;\n(xix) prepare the annual budget of the Board incorporating its own receipts as also the devaluation from the State and Central Government provided that the allocation by the Central Government shall be operated in accordance with the budget provisions approved by the Central Government;\n(xx) Board shall have full powers for granting administrative sanctions to all the estimates; it may however delegate such administrative sanction powers to the Member secretary of the Board, as may be deemed necessary;\n(xxi) recommend creation of posts to State Government, for effective discharge of the functions by the Board and to create such posts, provided that no posts of permanent nature would be created without prior approval of the State Government;\n(xxii) perform such other functions, as may be necessary to carry out the provisions of the Act or as may be prescribed by the State Government from time to time;\n(xxiii) shall have power to acquire, hold and dispose of property, both movable and immovable and enter into contract for the same.",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "14",
"title": "14. Powers and duties of the Chairperson.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "15",
"title": "15. Setup of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "16",
"title": "16. Terms and conditions of service of employees of the Board.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "17",
"title": "17. Procedure for access to/collection of biological resources.",
"chapter": null,
"content": "(a) issuing of public notice of the proposal for access/collection in local languages;\n(b) discussion/dialogue with the general assembly of the local body; and\n(c) formal consent from the assembly after being provided adequate information about the proposal and its implications for conservation and livelihoods.",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "18",
"title": "18. Restriction on activities related to access to biological resources.",
"chapter": null,
"content": "(i) If the request for access is for any threatened taxa or taxa that is likely to become threatened due to such access;\n(ii) If the request for access is for any endemic and rare species;\n(iii) If the request for access may likely to result in adverse effect on the livelihoods, culture or indigenous knowledge of the local people;\n(iv) If the request for access may result in adverse environmental impact which may be difficult to control and mitigate;\n(v) If the request for access may cause genetic erosion or affecting the ecosystem function;\n(vi) If use of resources for purposes contrary to national interest and other related international agreements entered into by the country.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "19",
"title": "19. Revocation of access/approval.",
"chapter": null,
"content": "(i) on the basis of reasonable belief that the person accessing the said bio-resource has violated any of the provision of the Act or the condition on which application was allowed;\n(ii) on failure to comply with the terms of agreement;\n(iii) on failure to comply with any of the conditions of access/collection;\n(iv) on account of overriding public interest with reference to protection of environment and conservation of biological diversity, and protection of the rights, livelihoods and knowledge of local communities.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "20",
"title": "20. Operation of State Biodiversity Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "21",
"title": "21. Annual Report and Annual Statement of Accounts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "22",
"title": "22. Establishment and Management of Biodiversity Heritage Site.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "23",
"title": "23. Constitution of Biodiversity Management Committees (BMC).",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "24",
"title": "24. Local Biodiversity Fund.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "25",
"title": "25. Appeal for settlement of disputes.",
"chapter": null,
"content": "Form 1\nForm 1\n[ See rule 17]\nApplication form for access to/collection of Biological resources for commercial utilization and associated traditional knowledge\nApplication form for access to/collection of Biological resources for commercial utilization and associated traditional knowledge\nPart A\n(a) Name:\n(b) Permanent address:\n(c) Address of the contact person/agent, if any :\n(d) Profile of the organization (personal profile in case the applicant is an individual).\n(Please attach relevant documents of authentication):\n(e) Nature of business :\n(f) Turnover of the organization in Indian Rupee :\n(a) Identification (scientific name) of biological resources and its traditional use:\n(b) Geographical location (including village, janpad and district) of proposed collection :\n(c) Description/nature of traditional knowledge, its existing manifestations and uses (oral/documented):\n(d) Any identified individual/family/community holding the traditional knowledge:\n(e) Quantity of biological resources to be collected :\n(f) Time limit in which the biological resources are proposed to be collected:\n(g) Name and number of person authorized by the company for making the collection:\n(h) The purpose for which the access is requested including the type and extent of research, commercial use being derived and expected to be derived from it:\n(i) Whether any collection or use of the resource endangers any component of biological diversity and the risk which may arise from the access ?\nPart B\nDeclaration\nDeclaration\n• Collection and use of proposed biological resources shall not adversely affect the sustainability of the resources;\n• Collection and use of proposed biological resources shall not entail any environmental impact;\n• Collection and use of proposed biological resources shall not pose any risk to biodiversity including ecosystems, species, and genetic diversity;\n• Collection and use of proposed biological resources shall not adversely affect the local communities;\nPlace:\nSignature :\nDate:\nName :\nTitle:\nForm II\nForm II\nForm of Memorandum of Appeal\nForm of Memorandum of Appeal\n[ See rule 25]\nBefore The Secretary, Ministry of Environment and Forests, Government of India, New Delhi or Chairperson, National Biodiversity Authority\nBefore The Secretary, Ministry of Environment and Forests, Government of India, New Delhi or Chairperson, National Biodiversity Authority\n(as the case may be)\n(Memorandum of appeal under Section 50 of the Biological Diversity Act, 2002)\nAppeal No.............................of 20.....\nAppeal No.............................of 20.....\n..........................................\n...Appellant(s)\n..........................................\nVs.\n..........................................\n...Respondent(s)\n..........................................\n(here mention the designation of the Authority/Board, as the case may be)\n(Here briefly mention the facts of the case):\n(i)\n(ii)\n(iii)\n(i)\n(ii)\n(iii)\n(a) In the light of what is stated above, the appellant respectfully prays that the order/decision of the respondent be quashed/set-aside.\n(b) The Policy/guidelines/rules/regulations framed by the Respondent be quashed/modified/annulled to the extent...................\n(c) ...................................................\nPlace :..............\nSignature and seal of the appellant\nDate :...............\nAddress :\nVerification\nSignature and seal of the appellant\nAddress :\nSignature of the Authorised representative of the appellant\nEnclosures.",
"footnote": "",
"is_definition": false,
"sort_order": 24
}
],
"metadata": {
"Act ID": "Last Updated 18th October, 2019 [cg234]",
"Act Number": "Published vide Notification No. 08-04/2011/10-2, dated 1st June, 2015",
"Enactment Date": "",
"Act Year": "2015",
"Short Title": "Chhattisgarh Biological Diversity Rules, 2015",
"Type": "STATE",
"Location": "Chhattisgarh"
},
"updated_at": "2026-09-29 21:55:19"
}