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Report No. 171

Chapter II

Establishment and Constitution of National Authority

4. Establishment and constitution of National Biodiversity Authority.-

(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purpose of this Act, a National Authority to be called the National Biodiversity Authority.

(2) The National 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 enter into contract, and shall by the same name sue and be sued.

(3) The Head Office of the National Authority shall be at New Delhi and the National Authority may, establish offices or agencies at other places in or outside India with the approval of the Central Government.

(4) The National Authority shall consist of the following members:-

(a) The Chairperson, to be appointed by the Central Government, who shall be a person of eminence with such expertise and experience as may be prescribed;

(b) two members to be appointed by the Central Government from among the officers of the Ministry of Environment & Forests, one of whom shall be from the discipline of botany or zoology;

(c) five members, ex-officio, to be appointed by the Central Government from among its officers belonging to each of the following disciplines:

(i) Agricultural research and education;

(ii) Biotechnology;

(iii) Ocean Development;

(iv) Law; and

(v) Patents.

(d) five members, to be appointed by the Central Governemnt from amongst specialists and scientists who are conversant with and have expertise in matters relating to,-

(i) conservation of biological diversity;

(ii) sustainable use of biological resources and equitable sharing of benefits arising out of such use;

(iii) conservationand creation of biologicial resources, and holding knowledge and information relating to such use;

(iv) legal expertise in the aforesaid matters; and

(v) industry and commerce.

(5) The Chairperson and the members appointed under clause (b) and (c) of sub-section (4) shall be full time members of the National Authority and the term of their appointment shall be four years from the date of their appointment.

(6) The Chairperson and the non-official members shall be eligible for reappointment for another term subject to the age of superannuation, if any, as may be prescribed.

(7) No act or proceeding of the National Authority or any committee appointed by it under section 8 shall be invalid merely by reason of,-

(a) any vacancy in, or any defect in the constitution of the National Authority or such committee; or

(b) any irregularity in the procedure of the Authority or such committee not affecting merits of the case.

(8) The National Authority shall meet at such time and place and shall observe such rules of procedure in regard to transaction of business at its meetings (including the quorum) as may be prescribed by the regulations.

(9) The Central Government may remove from office, the Chairperson or any non-official member, who

(a) has been adjudged as insolvent; or

(b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as a member; or

(d) has acquired such financial or other interests as are likely toaffect prejudicially his functions as a member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest.



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