Kerala Biological Diversity Rules, 2008
(1) These rules may be called the Kerala Biological Diversity Rules, 2008.
(2) They shall come into force at once.
(1) In these rules, unless, the context otherwise requires,--
(a) "Act" means the Biological Diversity Act, 2002 (Central Act 18 of 2003);
(b) "Authority" means the National Biodiversity Authority constituted under Section 8 of the Act;
(c) "Board" means the Kerala State Biodiversity Board established under Section 22 of the Act;
(d) "Biodiversity Management Committee" means a Committee constituted by the local bodies under sub-section (1) of Section 41 of the. Act;
(e) "Chairperson" means the Chairperson of the Kerala Biodiversity Board;
(f) "Fee" means any fee prescribed by the Board from time to time;
(g) "Form" means the Form set out in the Schedule to these rules;
(h) "Government" means the Government of Kerala;
(i) "Member" means a member of the Kerala Biodiversity Board and includes the Chairperson thereof;
(j) "Section" means a section of the Act;
(k) "Secretary" means the Member Secretar
The Chairperson of the Board shall be appointed by the Government either on deputation from other services or from outside service. The Chairperson shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of biodiversity and in matters relating to equitable sharing of the benefits. If the appointment is made on deputation, the appointee shall not be below the rank of Secretary to the Government.
(1) The Chairperson of the Board shall hold office for a term of three years from the date on which he enters upon his office and shall be eligible for re-appointment:
Provided that no Chairperson shall hold office as such after he has attained the age of 65 years.
(2) The Chairperson may resign from his office by giving at least one month notice to the Government.
(1) The Chairperson shall be entitled to a fixed pay as may be determined by the Government from time to time. In case a retired person is appointed as the Chairperson, his salary and allowances shall be fixed in accordance with the orders of the Government as applicable to such persons.
(2) The Chairperson shall be entitled to such allowance, leave, residential accommodation and other perquisites as may be determined by the Government from time to time.
(3) No pension will ordinarily be attached to the office of the Chairperson or other members of the Board.
(1) There shall be Five non-official members, from amongst the experts in different fields connected with biodiversity issues and the matters related to conservation of biologicaldiversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources, nominated by the Government.
(2) Every non-official member shall hold office for a term not exceeding three years at a time from the date of publication of the notification of his appointment in the official Gazette.
(3) Every non-official member shall be entitled to sitting allowances at the rate of 1[Rs.1000] per day of sitting and travelling allowance, daily allowance and such other allowances as admissible to Class I Officers of the State Government.
(1) A non-official member of the Board may resign his membership at any time by giving notice in writing under his hand to the Government but shall continue in office until his resignation is accepted by the Government.
(2) Any casual vacancy in the Board shall be filled up by fresh appointment and the person so appointed shall hold office only for the remaining portion of the term of the member in whose place he was appointed.
The Government may remove from the Kerala State Biodiversity Board any member including the Chairman 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 public interest; or
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a member, or
(f) worked against the interest of the biodiversity of the State.
However, no member of the Board shall be removed on the grounds mentioned above without due and proper enquiry by an officer not below the rank of a Secretary to the Government and without giving him/her an opportunity of being heard.
The Government shall appoint the following ex-officio members:
(1) Agriculture Production Commissioner, Agriculture Department.
(2) Principal Secretary, Fisheries Department.
(3) Principal Secretary, Forest and Wild life Department.
(4) Executive Vice President, Kerala State Council for Science, Technology and Environment.
(5) Secretary, Environment Department
(1) There shall be a Member Secretary to the Board, who shall be appointed by the Government.
(2) The Member Secretary shall be responsible for day to day administration of the Board, convening meetings, maintaining the records of proceedings, management of funds and implementation of activities under various programmes, under the guidance of the Chairperson of the Board.
(3) The Member Secretary, either himself/herself or through an officer authorized for the purpose, may sanction and disburse all payments against the approved budget.
(4) The Member Secretary shall have powers for granting administrative and technical sanctions to the estimates included in the approved budget of the Board on the basis of the decision taken by the Board.
(5) The Member Secretary shall be in charge of all confidential papers and records of the Board and shall be responsible for their safe custody. He shall produce such papers whenever so directed by the Board or by the
(1) The Board shall meet at least four times in a year, 1[x x x x] at the head office of the Board or at such other place as may be decided by the Chairperson.
(2) The Chairperson shall, upon a written request from not less than five members of the Board or upon a direction of the Government, call for a special meeting of the Board.
(3) The meeting shall be called by notice under the signature of the Chairperson or any other officer authorized in his behalf by the Chairperson, who shall cause the notice to be delivered safely to each member of the Board at his last known place of residence or business either through messenger or serving it by registered post or in such other manner as the Chairperson may, in the circumstances of the case think fit.
(4) The member shall be given at least fifteen days notice for holding an ordinary meeting and three days notice for holding a special meeting, specifying the purpose, the time and venue at which such me
Without prejudice to the generality of the provisions of this Act, the Board may perform the following particular functions, namely:--
(i) lay down the procedure and guidelines to govern the activities under Section 23 of the Act;
(ii) advise the Government, subject to any guidelines issued by the Central Government on any matters relating the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilizations of biological resources;
(iii) provide technical assistance and guidance to various departments of the Government;
(iv) regulate by granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization of any biological resource by any Indian 2[x x x] Nationals/ Institutions/Corporate Bodies;
(v) facilitate updating and implementation of State Biodiversity Strategy and Action Plan;
(vi) commission studies and sponsor in
(1) The Chairperson shall ensure that the affairs of the Board are run efficiently and in accordance with the provisions of the Act and the Rules made thereunder.
(2) Apart from the general duties and responsibilities specified in the Act and such other powers and duties that may be devolved by the Government over the management of affairs and finances of the Board, the Chairperson shall have the powers of general superintendence over the officers and staff of the Board and the Chairperson may issue necessary directions for the conduct and management of the affairs of the Board.
(3) All orders or instructions to be issued by the Board shall be under the signature of the Chairperson or any other officer authorized on his behalf by the Board.
(4) The Chairperson shall convene and preside over all meetings of the Board and shall ensure that all decisions of the Board are implemented in proper manner.
(5) The Chairperson shall have powers to delegate any
The board, with the prior approval of the Government of Kerala, may approve the rules and regulations -relating to the employees of the Board (including the conditions of their services).
(1) The State Biodiversity Fund shall be deposited in a Nationalised Commercial Bank as approved by the Board in the name of the Kerala Biodiversity Fund, while the funds received from the State Government shall be deposited in the same name in the Treasury Savings Bank and operate them in accordance with the decision of the Board and such other bye-laws as may be framed.
(2) The State Biodiversity Fund shall be, operated by the Member Secretary under his seal and signature or by such other officer of the Board as may be authorized by the Member Secretary of the Board with the approval of the Chairperson in this behalf.
(3) The State Biodiversity Fund shall have separate heads of accounts for receipts from--
(i) Central Government,
(ii) National Biodiversity Authority,
(iii) State Government, and the other concerning the fee, royalty and such other receipts.
(1) Every person, other than a person referred to in sub-section (2) of Section 3 of the Act seeking approval of the Board for access to collection of biological resource for commercial utilization or bio-survey and bio-utilisation for commercial utilization shall make an application in Form I to the Board. Every application shall be accompanied by a fee of Rs.100 (Rupees One Hundred only) in case such access is for research and academic purpose and Rs.1,000 (Rupees One Thousand only) for commercial utilization, and shall be in the form of a Demand Draft or a cheque drawn in favour of the Chairperson payable at the . head office of the Board. The access to the bio-resources shall be as per the guidelines issued by the Board from time to time.
(2) The Board, on due consideration of the application and in consultation with the Biodiversity Management Committee concerned and after collecting such other additional information, as it may deem necessary, shall take decision on the
(1) The Board may, either suo-moto or on the basis of any complaint, withdraw any permission granted or revoke or restrict or modify the written agreement in the circumstances specified below, namely:--
(a) on the ground of reasonable apprehension that the person to whom the permission was granted has violated any of the provisions of the Act or the conditions on which the permission was granted or he/she has failed to comply with any of the conditions of the written agreement;
(b) in the interest of public cause or for the protection of environment and conservation of biological diversity.
(2) The order revoking or restricting or modifying, as the case may be, shall be made provided that nothing in this rule restricts the right of the Board to pass interim orders to modify or restrict acts permitted by it in the written agreement of approval without giving an opportunity of being heard to the person so affected for the purpose of conserving biological divers
(1) The Board shall prepare its annual report for each year giving detailed accounts of its plan of action, activities, achievements and such other details as it may consider appropriate and necessary and the annual statement of accounts and submit a copy thereof to the Government.
(2) The accounts of the Board shall be audited by a Chartered Accountant appointed by the Board or the Director of Local Fund Audit. The Accountant General have the powers to conduct audit at any time.
(3) The Board shall submit the annual report together with the audited statement accounts for each year to the Government by the 30th of the month of September so as to enable the Government to lay them before the Legislative Assembly.
(1) The Board shall, in consultation with local bodies and other key stakeholders, take necessary steps to facilitate setting up of areas of significant biodiversity values as Heritage Sites. On recommendation from the Board the Government shall issue notification to this effect.
(2) The Board shall frame guidelines for the management and other aspects of Heritage Sites, ensuring the decision-making role for relevant Biodiversity Management Committees.
(1) Every local body shall constitute a Biodiversity Management Committee (BMC) within its area of jurisdiction. Accordingly, Biodiversity Management Committees are to be constituted at Grama Panchayath level as well as Municipality and Municipal Corporation levels.
(2) The Biodiversity Management Committees constituted under sub-rule (1) shall consist of a Chairperson and not more than six members nominated by the local body, of whom, 1[two members (one third of six members) shall be women and one member (approximately 18% of six members)] should belong to Scheduled Castes/Scheduled Tribes. The six persons being so nominated shall include herbalists, agriculturists, NonTimber Forest Produces collectors/traders,, fisher folk, representatives of user associations, community workers, academicians and any person/representative of organization, on whom the local body trusts that it can significantly contribute to the mandate of the Biodiversity Management Committee. A
(1) The Local Biodiversity Fund shall be utilized strictly in accordance with the provisions of sub-sections (1) and (2) of Section 44 of the Act and the fund shall be used for conservation and promotion of biodiversity in areas falling within the jurisdiction of the concerned local body and for the benefit of the community so far such use is consistent with the conservation of biodiversity.
(2) The Fund shall be deposited in a Nationalized Commercial Bank approved by the Biodiversity Management Committee concerned and it shall be operated 1[by the Chairperson and the Member Secretary of the Biodiversity Management Committee under their seal and signature.]
(1) The Biodiversity Management Committee shall prepare the Annual Report for each year giving detailed accounts of its activities. The Annual Report shall invariably contain:
(a) the name of the Committee;
(b) the period to which the report relates;
(c) the incumbency of office for the period;
(d) detailed statement of programmes of action for the year;
(e) detailed report on the activities performed during the year, and
(f) a brief account of financial position of the Committee.
(2) The accounts of the Local Biodiversity Fund shall be audited by a Chartered Accountant or the Examiner of Local Fund Audit, as stated in Rule 18(2).
(3) The Biodiversity Management Committee shall submit the annual report together with the audited statement of accounts of the local body concerned 1[before the 30th of August], to enable the Local Body to submit it to the Board.,
If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Government, whose decision thereon shall be final.
SCHEDULE 1. Full particulars of the applicant: |
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