Complaint For FIR Against Functionaries of Ahmedabad Cantonment Board For The Breaching of Public Trust

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To, PRSEC-E-2023-0022137 on 9-6-2023

Police Inspector,
Sahibaug Police Station, Ahmedabad.
Subject: FIR against Brig. Anil Mahadev Kakade, President with Shri Gokul
Mahajan, Chief Executive Officer, Cantonment Board Ahmedabad, breaching
public trust, violation of the fundamental duties as defined under article 51 A
of Indian Constitution.
References:
1. RTI Application No. CBABD/R/E/21/00058, Appeal CBABD/A/E/21/00012.
2. Extracts of some Paras of Supreme Court order dated 18.5.2023 in WP
(C) No. 23 of 2016.
3. MODEF/E/2021/04298, MOURB/R/E/21/02257, GOVGJ/E/2021/26249,
GOVGJ/E/2019/06151, DOURD/E/2021/21988, MODEF/E/2019/02966
4. MODEF/E/2023/0003194, DOAHD/E/2023/0000384:
MOEAF/E/2023/0001356: GOVGJ/E/2023/0009607.
5. Biological Diversity Act, 2002.
6. Biological Diversity Rules, 2004.
7. Gujarat Biological Diversity Rules, 2010.
8. Guidelines on Access to Biological Resources and Associated
Knowledge and Benefits Sharing Regulations, 2014.
9. Two communications of Forest Department.
10. Smart Cities Ahmedabad and Swachh Bharat Mission.
11. SDM, Ahmedabad and Gandhinagar Notice.
Greetings,
Being an active part of Community Policing as man of many achievements and
distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist
by profession: Activist by mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by vision and action, habitual
khadi wearers and speaking truth, performing fundamental duties, as social
reformer, compassionate citizen, and unpaid labour for flora and fauna, it is
humbly submitted that:
1. I am a senior citizen of India, performing my fundamental duties, without

gain and profit, only to safeguard flora and fauna, in the interest of the public
at large.
2. I am a Master Trainer in Animal Welfare, decorated by the Govt. of India,
retired as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for
Animal and Birds, along with National Authority for Animal Welfare, OIPA:
Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and
adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and
Inspecting Authority for Animal Welfare Board of India, for Haryana and
Punjab, as per item No. 3 of 39th AGM of AWBI, keeping in view the
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recommendations of Screening Committee of AWBI.

5. I had been volunteers of Wildlife Crime Control Bureau, and Convener of
Animal Welfare Party, political wing for flora and fauna.
International Union for Conservation of Nature: IUCN - 2021-2025:
1. Member, Commission on Education and Communication.
2. Member, CEC Nature for all Network
3. Member, CEC Reimagine Conservation Network
4. Member, CEC Nature Education for Sustainability Network
5. Member, CEC Youth Engagement and Intergenerational Partnerships
Network
Fundamental duties: It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions,
the National Flag and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
(d) to defend the country and render national service when called upon
to do so.
(e) to promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional or
sectional diversities, to renounce practices derogatory to the dignity of
women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
(k) who is a parent or guardian to provide opportunities for education to
his child or, as the case may be, ward between the age of six and
fourteen years.
Legal obligations of a public servants, as onwards 1-7-2004 till date:

The Biological Diversity Act, 2002:
1. CHAPTER IX: DUTIES OF THE CENTRAL AND THE STATE
GOVERNMENTS –
Section 36: Central Government to develop National strategies, plans,
etc., for conservation, etc., of biological diversity.
Section 37: Biodiversity heritage sites.
Section 38: Power of Central Government to notify threatened species.
Section 39: Power of Central Government to designate repositories.
Section 40: Power of Central Government to exempt certain biological
resources
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2. CHAPTER X - Section 41: Constitutions of Biodiversity Management

Committees.
3. CHAPTER XI - Section 45: Annual report of Biodiversity Management
Committees.
4. Section 46: Audit of accounts of Biodiversity Management Committees.
5. Section 47: Annual report, etc., of Biodiversity Management Committee to
be submitted to District Magistrate.
7. Nomination of the Gujarat State Level PBR Quality Monitoring Committee.
8. Species of Plants and animals which are on the verge of extinction in the
state of Gujarat, under section 38 of Biological Diversity Act, 2002.
Ahmedabad Cantonment is situated between Ahmedabad City and Gandhinagar
in the capital of Gujarat State. It serves as a military base and residential
establishment. The site of Cantonment was chosen by Sir J.Malcolm in 1830. It
may be remarked that the limits of the Ahmedabad Cantonment were practically
first settled in year 1833 and hence was established in year 1833. The
Cantonment maintains its own infrastructure of water supply, roads, building
and sewerage system in Cantonment area. As per figure of 2011 census the
population of Ahmedabad Cantonment is 14345 and its overall literacy rate is
81%. This is a class II category Cantonment Board. Cantonment has historical
buildings such as Camp Hanuman Temple, St. George’s Church, Ahmedabad
Gymkhana. Sabarmati River passes alongside boundary of Cantonment. Fort
area in Cantonment is witness to brutality of British regime and inspires Indians
about long freedom struggle. Today Ahmedabad Domestic Airport is part of
Cantonment. Cantonment still remains green part in concrete city.
The Duties of the President are as follows:
(1). It shall be the duty of the President of Board -
(a) unless prevented by reasonable cause, to convene and preside at all
meetings of the Board and to regulate the conduct of business thereat
(b) to control, direct and supervise the financial and executive
administration of the Board
(c) to perform all the duties and exercise all the powers specifically
imposed or conferred on the President by or under this Act and
(d) subject to any restrictions, limitations and conditions imposed by this
Act, to exercise executive power for the purpose of carrying out the
provisions of this Act and to be directly responsible for the fulfilment of
the purposes of this Act.
(e) in case of gross misconduct during the course of meeting, to suspend
a member other than a Chief Executive Officer from attending the un-
concluded part of the meeting of the Board.
(2) The President may, by order in writing, empower the Vice-President to
exercise all or any of the powers and duties referred to in clause (b) of
sub-section (1) other than any power, duty or function which he is by
resolution of the Board expressly forbidden to delegate.
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(3) The exercise or discharge of any powers, duties or functions delegated

by the President under this section shall be subject to such restrictions,
limitations and conditions, if any, as may be laid down by the President
and to the control of, and to revision by, the President.
(4) Every order made under sub-section (2) shall forthwith be
communicated to the Board and to the General Officer Commanding-in-
Chief, the Command.
The Duties of the Chief Executive Officer are as follows:
(a) exercise all the powers and perform all the duties conferred or
imposed upon him by or under this Act or any other law for the time
being in force; (b) subject to any restrictions, limitations and
conditions imposed by this Act, to exercise executive power to ensure
that the administration of the Board is carried out in accordance with
provisions of this Act;
(c) prescribe the duties of, and exercise supervision and control over
the acts and proceedings of all, officers and employees of the Board;
(d) be responsible for the custody of all records of the Board;
(e) arrange for the performance of such duties relative to the
proceedings of the Board or of any Committee of the Board or of any
Committee of Arbitration constituted under this Act, as those bodies
may respectively impose on him; and
(f) comply with every requisition of the Board on any matter pertaining
to the administration of the cantonment.
The core infrastructure elements in a Smart City would include: -
i. Adequate water supply,
ii. Assured electricity supply,
iii. Sanitation, including solid waste management,
iv. Efficient urban mobility and public transport,
v. Affordable housing, especially for the poor,
vi. Robust IT connectivity and Digitalization,
vii. Good Governance, especially e Governance and citizen
participation,
viii. Sustainable environment,
ix. Safety and security of citizens, particularly women, children
and the elderly, and
x. Health and education.
Prayers:
FIR against all responsible, may be lodged, accused may be asked to place
agenda via circulation, if necessary, otherwise constitute Biodiversity
Committee - BMC at once, People’s Biodiversity Register be prepared,
restoration of five freedoms for animals and birds, keeping in view, Extracts of
some Paras of Supreme Court order dated 18.5.2023 in WP (C) No. 23 of 2016.
With scouting spirits …… Naresh Kadyan, Master Trainer in Animal Welfare,
C- 38, Rose Apartment, sector- 14, Prashant Vihar, Rohini, Delhi- 110085.
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Distributions:
1. Chairman – Secretary, Gujarat Biodiversity Board.
2. Ahmedabad Cantonment Board.
3. SDM at Ahmedabad and Gandhinagar,
4. Members of National Advisory Committee for Animal
Husbandry and Dairying sector.
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GANDHIGIRI
Community Policing as Scouting for BMCs – PBRs
MODEF/E/2023/0003194
WHITE PAPER
DOAHD/E/2023/0000384: MOEAF/E/2023/0001356: GOVGJ/E/2023/0009607

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Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI
Original Application No. 347/2016

(I.A. No. 185/2020, I.A. No. 206/2020 & I.A. No. 344/2020)
I.A. No. 355/2020 I.A No. 356/2020,
I.A. No. 357/2020 & I.A. No. 410/2020)
(With reports dated 14.09.2020 & 14.12.2020)
Chandra Bhal Singh Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 16.12.2020
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Saurabh Sharma, Advocate
Respondent: Mr. J. Justin Mohan, Secretary, NBA

Mr. Ravinder Kumar Gupta, Advocate for MoEF & CC
Mr. Shuvodeep Roy, Advocate for State of Assam & Tripura
Mr. Darpan KM, Advocate for State of Karnataka & Chhattisgarh
Ms Shashi Juneja, Advocate for UT of Jammu & Kashmir
Mr. Shashank Bajpai, Advocate for State of Odisha
Mr. Mahfooz A Nazki, Advocate for State of Andhra Pradesh
Mr. Avijit Mani Tripathi, Advocate for State of Meghalaya
Ms Ruchira Gupta, Advocate for State of Goa
Mr. Bhanwar Pal Singh, Advocate for State of UP
Mr. Alim Anvar, Advocate for State of Kerala
Mr. Preshit Surshe, Advocate for State of Maharashtra
Mr. Raghav Sharma, Advocate for MPPCB
Mr. K. Enatoli Sema, Advocate for State of Nagaland
Mr. Nishant Talwar, Advocate for State of Punjab
Ms Ana Upadhyay, Advocate for State of Mizoram
Mr. V.K Shukla, Advocate for State of MP
Ms G. Indira, Advocate for UT of Andaman & Nicobar
Mr. Rahul Khurana, Advocate for State of Haryana
Mr. Rishi K Awasthi, Advocate for State of Bihar
ORDER
1. The issue for consideration is the remedial action for non-
compliance of provisions of the Biological Diversity Act, 2002 and
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Biological Diversity Rules, 2004, including constitution of Biodiversity
Management Committees (BMCs) as per Section 41 of the Act and
maintaining Peoples Bio Diversity Registers (PBRs) as required under
Rule 22(6).
2. The Act was enacted to provide for conservation of biological
diversity, sustainable use of its components and fair and equitable
sharing of the benefits and for matters connected therewith or incidental
thereto with a view to give effect to the United Nations Convention on
Biological Diversity (CBD) which came into force on 29.12.1993. The Act
seeks to regulate access to biological resources and fair and equitable
sharing of benefits arising out of utilization of biological resources by
constituting National Biodiversity Authority (NBA) to advice the Central
Government and the State Governments on steps towards conservation
of biodiversity, sustainable use of its components, equitable sharing of
benefits and allied issues. The Act also contains provision for
establishment of State Biodiversity Boards to advice the State
Government on the subject. The Central Government has to develop
national strategies, plans and programmes for conservation and
promotion and sustainable use of biodiversity. At local level, every local
body has to constitute BMCs. The Rules based on CBD provide that the
BMC is to prepare PBRs containing comprehensive information on
availability and knowledge of local biological resources, their medicinal or
any other use and Traditional Knowledge (TK) associated with them.
3. This Tribunal issued notices to all the States and Union
Territories, Boards and Authorities. The matter has been considered on
several dates in the last four years. It is not necessary to refer to all the
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proceedings. Some State Boards have filed their respective affidavits
mentioning the steps taken for enforcement of the Act and the Rules.
4. Vide order dated 12.04.2019, noticing huge gap in constitution of
BMCs and preparation of PBRs, this Tribunal directed the said steps to
be completed within three months and a report filed by MoEF&CC. The
States which remained non-compliant were asked to furnish their
explanation.
5. The matter was thereafter considered on 09.08.2019 in the light of
the report of MoEF&CC dated 02.08.2019. The Tribunal observed:-
“ 5. A report dated 02.08.2019 has been filed by the MoEF&CC to

the effect that the Principal Secretaries of Panchayat Raj and
Rural Development Departments were asked to expedite the
setting up of the BMCs and three regional meetings were held
with all the States and the State Biodiversity Boards. The
statistics show that as against the need to constitute 317519
BMCs, 155838 BMCs have been constituted and 6868 PBRs
have been documented, while 1692 PBRs are still in progress.
The BMCs constituted are about 50%. The number of PBRs
appears to be less than the PBRs reported earlier.
6. Having regard to the laudable objective to meet the necessity

of conservation of biological diversity, delay of more than 16
years in complying with the mandate of law is a matter of
serious concern.
7. We regretfully note that the matter on PBR progress noted is

‘zero’ in the States of Arunachal Pradesh, Bihar, Chhattisgarh,
Gujarat, Jammu & Kashmir, Karnataka Madhya Pradesh,
Manipur, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar
Pradesh and West Bengal. On the subject of BMC, there is
zero progress in Bihar and Jammu & Kashmir.
8. This inadequate progress is in spite of repeated directions of

this Tribunal. We asked all the learned counsel appearing in
the matter to suggest a reasonable mechanism for ensuring
compliance of law with a penal consequence for any further
defaults.
9. India is one of the recognized mega-diverse countries of

the world, harbouring nearly 7-8% of the recorded
species of the world, and representing 4 of the 34
globally identified biodiversity hotspots. India 5 is also
a vast repository of traditional knowledge associated
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with biological resources. So far, over 91,200 species of
animals and 45,500 species of plants have been
documented in the ten biogeographic regions of the
country. 5 The indigenous and local community are a
repository of traditional knowledge and their
knowledge and practices help in conservation and
sustainable development of the biodiversity. In the past,
India has already faced biopiracy6. There is, thus,
urgent need to document the knowledge of the local
community in the form of PBR.
10. As per certain studies7, PBRs help the State and the local
community to become aware of the valuable resources being
harvested in their area which can be utilised for the overall
social and economic development of the State. Furthermore,
PBRs also help in conservation of the traditional practices and
knowledge of the local community. Studies on the issue of
access and benefit sharing (ABS)8, show that non
establishment of BMCs and absence of PBRs deprives the
local community of the advantage of the biological resources.
PBRs not only document the knowledge, they also help in
identification of benefit claimers.
11. In above background, having considered the submissions

made by the learned counsels, we direct as follows:
(i) The Chief Secretaries of all the States, where the

defaults are continuing, may consider giving a
warning to the Panchayat Secretaries for their past
failures, recording the same in their service record and
give direction to the officers who are responsible for
the job to ensure compliance with 100% constitution of
BMCs and PBRs by 31.01.2020 failing which coercive
measures may have to be considered against them.
The Chief Secretaries may evolve a mechanism for
ensuring a monthly meeting to be attended by the
Chairman and Member Secretaries of State
Biodiversity Boards, Secretaries, Panchayat,
Environment and Forest starting from September,
2019.
(ii) The States will be accountable for the defaults and

required to deposit a sum of Rs. 10 lakhs per month
each from 01.02.2020 with the CPCB to be utilized for
restoration of the environment. The States will be at
liberty to recover the said amount from the persons
committing the default.
(iii) The MoEF&CC and National Biodiversity Authority

may hold a review meeting every month from
September 2019 till the above task is completed.
(iv) The MoEF&CC may file a compliance report after

collecting the necessary data from all the States on or
before 15.02.2020. The Monitoring Committee of the
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MoEF&CC may oversee the quality of PBRs on sample
basis by evolving a suitable mechanism”
6. The matter was thereafter reviewed on 18.03.2020 in light of final
report filed by the National Biodiversity Authority (NBA), Chennai giving
the status of formation of BMCs and preparation of PBRs as on
31.01.2020. Since there were still certain defaults, the Tribunal directed
payment of compensation for the delay and compliances resulting in
damage to the environment. The applications for seeking extension of
time were rejected and compensation was directed to be paid for the
delay except in respect of the State of Jammu & Kashmir and Ladakh.
The direction was also issued to revise the model of PBR and to monitor
further compliances. The updated status report was required to be filed.
7. The operative part of the order dated 18.03.2020 is reproduced
below:-
“6. Accordingly, a final report has been filed by the National

Biodiversity Authority, Chennai on behalf of the MoEF&CC giving
status of the formation of Biodiversity Management Committees
(BMCs) and preparation of Peoples Biodiversity Registers (PBRs) in
the local bodies as on 31.01.2020. The report inter-alia is as
follows:
“ As can be seen, there has been an increase of 32.5% in
BMC constitution and an increase of 32.7% in PBR
formation since the Order of the Hon’ble National Green
Tribunal dated 09.08.2019:-
As on 26/07/2016 As on 31/07/2020 As on 31/01/2020

(when the OA was (Based on which the (January 2020)
filed before the Tribunal had issued
Hon’ble Tribunal) Orders on 09/08/2019)
BMCS PBRs BMCs PBRs BMCs PBRs
formed prepared formed prepared formed prepared
9700 1,388 1,55,838 6,868 2,43,499 95,252
3. As already informed in the Interim Report, the National

Biodiversity Authority had written to the Chief Secretaries
of all States on 08/11/2019 to take necessary action to
comply with the Orders of the Hon’ble Tribunal to
complete the process of BMC formation and PBR
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preparation within the stipulated time frame as
instructed by the Hon’ble Tribunal.
7. PBR is a dynamic document and it has to capture all the

biological resources available in the local body in all the
four seasons. Besides evaluating the PBRs. The PBR
Monitoring Committee constituted by the NBA based on
approval by MoEF&CC would be assisting the SBBs to
evolve a mechanism to complete the PBRs in an
expeditious manner.”
7. We have also perused the written submissions filed on behalf

of the applicant on 16.02.2020 commenting about the compliance as
follows:
“4. That a perusal of the Compliance Report dated 13.02.2020

shows that:-
(i) Out of 2,75,220 local bodies, BMCs have been

constituted in 2,48,140 local bodies. This implies that
present compliance rate is more than 90%. In the
following States and Union Territories: Assam, Goa,
Himachal Pradesh, Kerala, Maharashtra, Sikkim,
Tripura and Lakshadweep the compliance with respect
to BMC constitution is 100 %.
(ii) Out of 2,48,140 BMCs, PBRs have been prepared by
95,252 BMCs. This implies that more than 61% of the
BMCs are yet to prepare their PBRs. It is important to
note that while in the Union Territory of Jammu and
Kashmir, State of Bihar and Rajasthan none of the
BMCs have prepared their PBRs till date while Uttar
Pradesh has achieved 100% target in PBR preparation.”
8. The applicant has also given comments about the quality of the
PBRs, status of collection of fees by the BMCs, status of funding of
BMCs and status of access and benefit sharing (ABS).
9. We find that since there are still defaults in the constitution of
BMCs and preparation of PBRs within the stipulated time fixed by
this Tribunal, the defaulting States are liable to pay compensation in
terms of order dated 09.08.2019 from 01.02.2020. The Act was
enforced in 2002. The Rules came into force in 2004. Any further
delay is not conducive to rule of law. The States cannot be allowed
to plead incompetence or inability of carrying out mandate of law,
undermining public interest. We may note that in absence of PBRs,
regulation for conservation of biodiversity is affected. The Tribunal
dealt with a matter in O.A. No. 57/2018 vide order dated
30.07.2019 where concretization within the blue line of Krishna river
was found hampering biodiversity at the river bed. The Hon’ble
Supreme Court in Civil Appeal No. 6563/2019, Wai Municipal
Council v. Jeevitnadi Living River Foundation & Ors., against the
above order of NGT, observed, vide order dated 30.08.2019:-
“We are satisfied that concretization has been done within the
prohibited zone, which has hampered the ground seepage and
biodiversity at the river bed.”
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10. There are other similar instances including order of this
Tribunal dated 20.02.2020 in O.A. No. 385/2019, Centre for Wildlife
v. UOI for preservation of great Indian Bustard by removing
powerlines from the flight path of the said bird. This matter was also
dealt with by the Hon’ble Supreme Court vide order dated
18.02.2019 in Civil Appeal No. 838/2019, M. K. Ranjitsinh & Ors. V.
UOI & Ors. It is not necessary to multiply similar other instances but
the fact remains that the issue is great significance and urgency.
11. In view of the above, we do not find any merit in the

applications seeking extension of time. The States may ensure
compliance and for the delay, compensation has to be paid as
already directed. Only exception which may have to be made is for
Jammu & Kashmir and Ladakh on account of developments in the
wake of Jammu & Kashmir Reorganization Act, 2019 and peculiar
situation which prevailed as mentioned in the affidavit dated
11.02.2020 filed on behalf of the UT of J&K. The time in respect of
UTs of J&K and Ladakh will stand extended up to 31.10.2020. For
delay beyond the said date, compensation at the same rate as
applicable to other States/UTs will be payable from 01.11.2020.
In view of the above, I.A. No. 471/2019, M.A. No. 15/2020,

M.A. No. 22/2020& M.A. No. 23/2020 are dismissed.
12. We are informed that the National Biodiversity

Authority of India has prepared and placed on its website a
model PBR for guidance of the States. The said model may be
revised in the light of other available models. By way of
example, reference is made a model prepared by the State of
Nagaland.1 Other similar models may also need to be looked
into. The model so revised may be placed on the website
within one month from today.
13. The MoEF&CC may continue to monitor the situation

and file an updated status report as on 31.08.2020 before
30.09.2020. The stand of the applicant with regard to
quality of the PBRs and other issues may be looked into and
response filed before the next date by email at judicial-
ngt@gov.in. CPCB may take steps to recover compensation
from the defaulting States in terms of earlier orders.”
8. Accordingly, the NBA, Chennai has filed its final report on
14.09.2020. Prior to the said final report, the NBA filed interim report
dated 18.04.2020. The report mentions that regular monthly review
meetings were held with the State Biodiversity Boards on the subject of
BMC formation and PBR preparation. The process was complete in some
of the States while further work is still pending.
1
http://gef-satoyama.net/wp/wp-content/uploads/2017/11/Kivikhu-People%E2%80%99s-
Biodiversity-Register.pdf
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9. The status mentioned in the report is as follows:-
“
5. The status of BMC formation and PBR preparation at the time
of filing this OA on 26/07/2016 and at the time of Report filed by
NBA on 31/01/2020 before the Hon’ble Tribunal and the status
report as on 31/08/2020 are stated below. Based on the inputs
received from State Biodiversity Boards 96.50% of the BMCs have
been constituted and 71 % PBRs have been prepared as on 31st
August 2020.
Total As on 26/07/2016 As on 31/01/2020 As on 31/08/2020
BMCs to (Details when the OA (Details furnished in the (based on inputs from
be formed was filed before the Final Report of NBA on the States and UTs)
/ PBRs to Hon’ble Tribunal) 13/02/2020)
be BMC PBRs BMC PBRs BMC PBRs
prepared Constituted prepared Constituted prepared Constituted prepared
in the
States
2,75,286 9,700 1,388 2,43,499 95,252 2,65,725 1,96,015
6. The status of BMCs formed and PBRs prepared in different

states are as follows:
S.No. State Number BMCs PBRs Status of completion (in
of Local formed prepared percentage)
Bodies till date till date BMC PBRs
1 Andhra
Pradesh 14216 13612 906 95.75% 0.67%
2 Arunachal
Pradesh 1806 1806 1050 Completed 58%
3 Assam 2549 2549 2549 Completed Completed

4 Bihar 9101 7141 0 78.46% 0%
5 Chhattisgarh 11301 11301 1246 Completed 11%
6 Goa 205 205 205 Completed Completed
7 Gujarat 14713 10819 1760 73.53% 11.96%
8 Haryana 6437 6435 6437 Completed Completed
9 Himachal
Pradesh 3371 3371 3371 Completed Completed
10 Jharkhand 4690 4680 4680 Completed Completed
11 Karnataka 6554 6495 5081 99% 77.53%
12 Kerala 1200 1200 1034 Completed Completed
13 Madhya
Pradesh 23557 23557 23557 Completed Completed
14 Maharashtra 28649 28649 25255 Completed 97.65%
15 Manipur 2282 1907 37 83.57% 1.94%
16 Meghalaya 6471 4573 1050 70.67% 16.22%
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17 Mizoram 894 894 810 Completed 90.60%
18 Nagaland 1238 1096 1096 88.50% 88.50%
19 Odisha 7256 7090 276 97.70% 3.80%
20 Punjab 13599 13599 13599 Completed Completed
21 Rajasthan 10406 10283 0 98.80% 0%
22 Sikkim 196 196 196 Completed Completed
23 Tamil Nadu 13604 13604 13604 Completed Completed
24 Telangana 13461 13461 13461 Completed Completed
25 Tripura 1264 1264 1264 Completed Completed
26 Uttarakhand 7991 7991 7991 Completed Completed
27 Uttar Pradesh 59407 59407 59407 Completed Completed
28 West Bengal 3830 3830 3424 Completed 89.40%
Total 270248 261015 196015
7. The BMC formation and PBR preparation is complete in all

respects in 13 states Assam, Goa, Haryana, Himachal Pradesh,
Jharkhand, Madhya Pradesh, Punjab, Sikkim, Tamil Nadu,
Telangana, Tripura, Uttarakhand and Uttar Pradesh as reported by
these states. In the case of Kerala, the state has reported that as
per the Kerala State Biodiversity Rules, 2008, the BMCs are to be
formed in Grama Panchayats, Municipalities and Corporations
which they had completed prior to the Orders passed by the
Hon’ble Tribunal and this fact was brought to the notice of the
Hon’ble Tribunal in the Interim Report filed by NBA. Therefore,
including Kerala, 14 (fourteen) states have completed the BMC
formation and PBR preparation in all respects as on 31/08/2020.
8 The BMC formation has been completed in five states viz.
Arunachal Pradesh, Chhattisgarh, Maharashtra, Mizoram and
West Bengal. In these states, the PBRs are in different stages of
preparation. In respect of Andhra Pradesh, Karnataka, Odisha and
Rajasthan, more than 95% of the BMCs have been formed.
9. Some of the North Eastern States have informed that

considering the difficult terrain, uniformity in the availability of the
biological resources and the thin population in the villages, the
necessity of preparing PBRs for each village may not be feasible.
Therefore, these states have decided to restrict the number of PBRs
to be prepared in their states. For example, Manipur has informed
that they have decided to prepare 199 PBRs in their 2282 local
bodies adopting a cluster approach.
10. In the case of Jammu and Kashmir and Ladakh, which has
now been declared as a Union Territories, the Hon’ble Tribunal has
extended the deadline for formation of BMCs and preparation of
PBRs till 31st October 2020. In the case of Union Territories, NBA has
issued Orders on 31st December 2019 to constitute Union Territory
Biodiversity Councils. The work for implementing the provisions of
the Biological Diversity Act is being undertaken by the Union
Territories and this has been affected due to the prevailing COVID-
19 pandemic. Till date, Jammu and Kashmir has reported that 4637
BMCs have been formed out of 4673 local bodies.
9
11. During the meetings convened by the National Biodiversity
Authority, the States have informed that the BMC formation and
PBR preparation have been affected on account of the country wide
lockdown due to the COVID-19 pandemic, which restricted the
movement of officials and people. Some states have reported
paucity of funds for preparing PBRs. The States have requested to
waive the penalty imposed by the Hon’ble Tribunal in its Order
dated 18/03/2020 and provide another six months’ time to
complete the process of BMC formation and PBR preparation.
12. The National Biodiversity Authority has circulated the PBR

Guidelines to all the states, to document the biological resources in
the local bodies. As directed by the Hon’ble Tribunal in its Order
dated 18/03/2020, the PBR Guidelines have also been placed in
the official website of the NBA. Considering the prevailing COVID-19
situation, NBA has advised the states to commence the preparation
of the PBRs based on existing data on biological resources already
available with line departments of the concerned states and to
update the same once the situation gets normal. The PBR is a
dynamic document and the updation process would be a
continuous process.
13. The PBR Monitoring committee, constituted vide order

NBA/15/30/2019/SBB/NGT dated 20.01.2020 as per the Orders
of the Hon'ble Tribunal to evaluate the quality of PBRs had
submitted its first report to Ministry of Environment, Forest and
Climate Change (MoEFCC). The copy of the same was enclosed in
the Interim Report filed before the Hon'ble Tribunal on 18th April
2020. Considering the prevailing COVID-19 pandemic situation, the
movement of the PBR Monitoring Committee to evaluate the PBRs in
different states has been severely curtailed / stopped.
14. As per the instructions of the Hon'ble NGT, a letter was sent
by National Biodiversity Authority to all Chief Secretaries of the
States to expedite the formation of BMCs and preparation of PBRs
on 30th March 2020. Considering the large number of PBRs
prepared, the States were also advised to set up a state level PBR
Monitoring committee, which will evaluate the PBRs and support
the National Level PBR Monitoring Committee appropriately. This
was informed to the Hon'ble Tribunal in the Interim Report filed
before the Hon'ble Tribunal on 18th April 2020 enclosing the
copies of the letters.”
10. After the said report, a further report has been filed by the NBA on
14.12.2020 giving the status as on 08.12.2020 as follows:-
“
4. The status of BMC formation and PBR preparation in the
different states as on 8th December 2020 is enclosed as Exhibit IA
& IB, which shows that 2,69,433 BMCs have been constituted and
2,28,543 PBRs have been prepared in different States / UTs.
10
5. It is pertinent to note that the following 21 States/UTs have
informed that they have completed the BMC formation and PBR
preparation in their respective jurisdiction.
Arunachal Pradesh, Assam, Goa, Haryana, Himachal Pradesh,

Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra,
Mizoram, Punjab, Odisha, Sikkim, Tamil Nadu, Telangana, Tripura,
Uttarakhand, Uttar Pradesh, Jammu & Kashmir, Lakshadweep
6. The following two (2) States/ UT have informed that they have
already completed the BMC formation in their respective
jurisdictions and the PBR preparation is on the verge of completion.
Manipur & West Bengal
7. The following ten (10) States/ UTs have informed that they are
in an advanced stage of completing the BMCs and PBRs in their
respective jurisdictions
Andhra Pradesh, Bihar, Chhattisgarh, Gujarat, Meghalaya,

Nagaland, Rajasthan, Ladakh, Andaman & Nicobar Islands,
Chandigarh
8. The following three (3) UTs have informed that they are in the
process of constitution of BMCs and preparation of PBRs.
Delhi, Puducherry, Dadra and Nagar Haveli and Daman and Diu
9. It is submitted that the States have taken proactive steps to

comply with the Orders of the Hon’ble Tribunal. But due to the
country wide lockdown on account of the COVID-19 pandemic which
has restricted the movement of people in different parts of the
country, some states are yet to complete the process. Ministry of
Environment, Forest and Climate Change and the National
Biodiversity Authority have been closely monitoring the progress of
BMC formation and PBR preparation in these states.
10. It is submitted that the states which have not yet completed
the process, have informed that action has been initiated to complete
the work and the process could not be completed due to state
specific constraints like delay in conduct of local body elections,
naxalism etc.
11. It is submitted that the National Biodiversity Authority,

had delegated its powers to the UTs to constitute Union
Territory Biodiversity Councils (UTBCs) on 31/12/2019. Due to
the COVID-19 pandemic, there has been delay in completing
this process in some UTs. The following UTs viz. Andaman &
Nicobar Islands, Chandigarh, Jammu & Kashmir, Ladakh,
Lakshadweep have constituted the UTBCs till date while in the
remaining, it is in progress.
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12. It is submitted that the states which have completed the
process as per the Orders of the Hon'ble Tribunal have requested
to waive of the penalty imposed by the Tribunal from 1st
February 2020 as they have taken sincere efforts to comply with
the Orders despite the extraordinary circumstances on account of
the prevailing COVID-19 pandemic.
13. It is submitted that the states which are yet to fully

complete the process of BMC formation and PBR preparation
have requested to waive the penalty imposed by the Hon'ble
Tribunal and have sought additional time due to the prevailing
COVID-19 pandemic and other state specific issues, to fully
comply with the Orders of this Tribunal. The Hon'ble Tribunal
may please consider the request made by the states to waive
off the penalty and grant additional time to fully comply with
the Orders of the Hon'ble Tribunal on account of the
unprecedented restrictions in the movement of people due to the
COVID-19 pandemic.”
11. Some States have filed applications seeking extension of time on
account of the COVID situation and also waiver of requirement to pay
compensation for the delay.
12. We have heard learned Counsel for the parties present before us
and considered the reports and the submissions in the applications.
13. The Tribunal has already monitored the matter for the last more
than four years. There is substantial progress in compliance of the
requirements of setting up BMCs and maintaining PBRs. The Member
Secretary of the NBA, present during the hearing, has assured the
Tribunal that further monitoring will be faithfully conducted by the NBA
with all the concerned State Biodiversity Boards and necessary steps for
compliance of law will be taken.
14. We also find that in view of COVID situation, it will be necessary to
take a liberal view about the delay caused. Accordingly, the time for
remaining compliances is extended upto 30.06.2021 and compensation
amounts will stand waived if compliances are ensured by that date.
12
The main Application as well as all IAs are accordingly disposed of.
Adarsh Kumar Goel, CP
S.K. Singh, JM
Dr. S.S. Garbyal, EM
Dr. Nagin Nanda, EM

December 16, 2020
Original Application No. 347/2016
(I.A. No. 185/2020, I.A. No. 206/2020 & I.A. No. 344/2020)
I.A. No. 355/2020 I.A No. 356/2020,
I.A. No. 357/2020 & I.A. No. 410/2020)
SN
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GANDHIGIRI
Community Policing as Scouting for BMCs – PBRs
MODEF/E/2023/0003194
WHITE PAPER
DOAHD/E/2023/0000384: MOEAF/E/2023/0001356: GOVGJ/E/2023/0009607

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To, June 3, 2023

1. The District Collector of Ahmedabad.
2. The District Collector of Gndhinagar.
3. All Represented elected bodies of Panchayati Raj and Local Bodies.
4. All MP / MLA / Councillors and others elected persons.
5. All BMCs via Gujarat State Biodiversity Board.
6. All CEO of Smart Cities.
7. PCCF Gujarat.
8. Gujarat AWB.
Subject: Establishment and functioning of Biodiversity Management
Committee’s with in jurisdiction of Cantonments area, preparing People's
Biodiversity Register (PBR), within jurisdiction of Smart Cities. WHITE PAPER.
References:
1. Biological Diversity Rules, 2004.
2. Guidelines on Access to Biological Resources and Associated
Knowledge and Benefits Sharing Regulations, 2014.
3. Smart Cities in Gujarat - Swachh Bharat Mission.
Greetings,
On the eve of 1st death anniversary of great visionary Chaudhary Om Prakash
Kadyan, Chief Scout of the Scout and Guides for Animals and Birds, it is humbly
submitted, that:
1. Minor Viyana Berwal is a 16 months old female child and to teach her
fundamental duties, as defined under article 51 A of Indian
Constitution, I was compelled to introduce this petition as WHITE
PAPER, on her behalf, being grandparents, without gain and profit.
2. Minor Viyana Berwal is nominated as a Brand Ambassador for a cause.
Legal obligations of a public servants, as onwards 1-7-2004 till date:
The Biological Diversity Act, 2002:
1. CHAPTER IX: DUTIES OF THE CENTRAL AND THE STATE
GOVERNMENTS –
Section 36: Central Government to develop National strategies, plans,
etc., for conservation, etc., of biological diversity.
Section 37: Biodiversity heritage sites.
Section 38: Power of Central Government to notify threatened species.
Section 39: Power of Central Government to designate repositories.
Section 40: Power of Central Government to exempt certain biological
resources
2. CHAPTER X - Section 41: Constitutions of Biodiversity Management
Committees.
3. CHAPTER XI - Section 45: Annual report of Biodiversity Management
Committees.
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4. Section 46: Audit of accounts of Biodiversity Management Committees.

5. Section 47: Annual report, etc., of Biodiversity Management Committee to
be submitted to District Magistrate.
7. Nomination of the Gujarat State Level PBR Quality Monitoring Committee.
8. Species of Plants and animals which are on the verge of extinction in the
state of Gujarat, under section 38 of Biological Diversity Act, 2002.
Ahmedabad Cantonment is situated between Ahmedabad City and Gandhinagar
in the capital of Gujarat State. It serves as a military base and residential
establishment. The site of Cantonment was chosen by Sir J.Malcolm in 1830. It
may be remarked that the limits of the Ahmedabad Cantonment were practically
first settled in year 1833 and hence was established in year 1833. The
Cantonment maintains its own infrastructure of water supply, roads, building
and sewerage system in Cantonment area. As per figure of 2011 census the
population of Ahmedabad Cantonment is 14345 and its overall literacy rate is
81%. This is a class II category Cantonment Board. Cantonment has historical
buildings such as Camp Hanuman Temple, St. George’s Church, Ahmedabad
Gymkhana. Sabarmati River passes alongside boundary of Cantonment. Fort
area in Cantonment is witness to brutality of British regime and inspires Indians
about long freedom struggle. Today Ahmedabad Domestic Airport is part of
Cantonment. Cantonment still remains green part in concrete city.
The Duties of the Chief Executive Officer are as follows:
(a) exercise all the powers and perform all the duties conferred or
imposed upon him by or under this Act or any other law for the time
being in force; (b) subject to any restrictions, limitations and
conditions imposed by this Act, to exercise executive power to ensure
that the administration of the Board is carried out in accordance with
provisions of this Act;
(c) prescribe the duties of, and exercise supervision and control over
the acts and proceedings of all, officers and employees of the Board;
(d) be responsible for the custody of all records of the Board;
(e) arrange for the performance of such duties relative to the
proceedings of the Board or of any Committee of the Board or of any
Committee of Arbitration constituted under this Act, as those bodies
may respectively impose on him; and
(f) comply with every requisition of the Board on any matter pertaining
to the administration of the cantonment.
The Chief Executive Officer is an officer of Indian Defence Estates Service cadre
of Civil Services and works under the administrative control of Director General,
Defence Estates, Govt. of India, Ministry of Defence. Shri Gokul Mahajan, IDES,
is the Chief Executive Officer of Ahmedabad Cantonment at present.
The core infrastructure elements in a Smart City would include: -
i. Adequate water supply,
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ii. Assured electricity supply,

iii. Sanitation, including solid waste management,
iv. Efficient urban mobility and public transport,
v. Affordable housing, especially for the poor,
vi. Robust IT connectivity and Digitalization,
vii. Good Governance, especially e Governance and citizen
participation,
viii. Sustainable environment,
ix. Safety and security of citizens, particularly women, children
and the elderly, and
x. Health and education.
Prayers:
1. Chief Executive Officer of Ahmedabad Cantonment, may be directed to
perform and deliver, his fundamental and official duties, as stated above.
2. CEO of Smart Cities, also may be directed to perform and deliver, his
fundamental and official duties, as stated above. They may be asking, to
place agenda and approved, as stated above.
3. All BMCs may be directed to perform, to place agenda and approved, as
stated above.
4. All DSPCA may be ask to perform, to place agenda and approved, as
stated above, with similar action to Gujarat AWB and Gauseva and
Gauchar Vikas Board and Gujarat live Stock Development Board.
5. Ahmedabad Cantonment Board, may be directed to perform, to place
agenda and approved, as stated above.
6. To remove public nuisance, including stray animals, restoring their 5
freedoms, being judicial advisory and suggestions.
Minor Viyana Berwal through her grandpa Naresh Kadyan, Senior Citizen.
Distributions:
1. SDM at Ahmedabad and Gandhinagar.
2. Ahmedabad Cantonment Board.
3. All Members of National Advisory Committee for
Animal Husbandry and Dairying sector.
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NARESH KADYAN
Retired Commissioner (Headquarter),
Bharat Scouts and Guides, Haryana.
Founder Chairman, PFA Haryana.
Convener, Animal Welfare Party,
1st Political wings in India, restoring five
freedoms for animals, preventing to treat them
as goods, food, political and publicity tool
Being an active part of Community Policing as

man of many achievements and distinctions:
Voice for voiceless: Fighter by spirit: Jat by
birth: Philanthropist by profession: Activist by
mission: Cobbler by qualification: Scouting by
passion: Humanitarian by choice: Gandhian by
vision and action, habitual khadi wearers and
speaking truth, performing fundamental duties, COMMUNITY POLICING
as social reformer, compassionate citizen, and
AS SCOUTING,
unpaid labour for flora and fauna: kadyan.ipfa
C O O R D I N A T9813010595
ION
1. Retired as Commissioner (Headquarter), @gmail.com
Bharat Scouts and Guides, Haryana. Among Society as per laws of
2. Lifetime as Chief National Commissioner, the land
Scouts and Guides for Animal and Birds.
3. Lifetime as National Authority for Animal
Welfare, OIPA: Indian People for Animals. @nareshkadyan @nareshkadyan
4. Had been CPCSEA nominee, for many
establishments, including NDRI.
5. Nodal Inspecting Authority for Haryana
and adjoining Rajasthan, for Animal
Welfare Division (Govt. of India).
6. Inspecting Authority for Animal Welfare
Board of India, for Haryana and Punjab,
as per item No. 3 of 39th AGM of AWBI,
keeping in view the recommendations of
Screening Committee of AWBI.
7. Had been volunteers of Wildlife Crime
Control Bureau: WCCB.
8. Non-official Member, State Committee for
Slaughter Houses, Department of Urban
and Local Bodies (Govt. of Haryana).
9. Since 1998 up to 2018, Founder Chairman,
People for Animals - PFA Haryana.
10. Since 2008 up to 2021, Representative of
OIPA in India, affiliated with UN.
11. Elected Member, Clothing and Footwear
Institute, London as 8-11-1988.
Date of Birth: October 10, 1961.
Educational qualifications:
1. Master of Arts in Mass Communication
and Journalism.
2. Post Graduate Diploma in Journalism and
Mass Communication
3. Diploma in Footwear Technology
4. Advance Course in Footwear Technology
5. Master Trainer in Animal Welfare - Govt. of
India, November 15-29, 2000.
Outstanding performance:
40 years’ rich experience in Gandhian
Ethics, Ideology, and Philosophy,
including 18 years as District Khadi and
Village Industries Officer, besides Duty
Magistrate during prohibition policy in
Haryana.
Voluntary Retirement as Supreme sacrifice, at
the time of promotion, before 5 years:
August 5, 2014
Publication:
Two Books compiled for legislations
related to Animal Welfare and Biodiversity
International Union for Conservation of Nature:
IUCN - 2021-2025:
1. Member, Commission on Education and
Communication.
2. Member, CEC Nature for all Network
3. Member, CEC Reimagine Conservation
Network
4. Member, CEC Nature Education for
Sustainability Network
5. Member, CEC Youth Engagement and
Intergenerational Partnerships Network
Voter: Village Siwana, Beri Constituency.
Property: Valid License for 2 Arms, all over India.
2
Gandhian ethics and values refer to the moral and philosophical principles espoused by
Mahatma Gandhi, a prominent Indian freedom fighter, and social reformer. Gandhi's
philosophy was based on the idea of non-violence, truth, and selfless service to others. Some
of the key elements of Gandhian ethics and values include:
1. Satya (Truth):
Gandhi believed that truth is the foundation of all morality and the highest form of
devotion. He advocated speaking the truth at all times and rejecting falsehood,
deception, and hypocrisy.
2. Ahimsa (Non-violence):
Gandhi was a staunch believer in non-violence or ahimsa. He believed that violence
only begets more violence and that true strength lies in peaceful resistance to
oppression and injustice.
3. Sarvodaya (Welfare of All):
Gandhi's philosophy was centered around the idea of sarvodaya, which means the
welfare of all. He believed that every individual, regardless of caste, creed, or social
status, should be given equal opportunities to live a dignified life.
4. Swaraj (Self-rule):
Gandhi believed that India's independence from British rule could only be achieved
through self-rule or swaraj. He advocated for economic self-sufficiency and self-
reliance, along with political independence.
5. Satyagraha (Soul force):
Satyagraha refers to the use of non-violent resistance to achieve social or political
change. Gandhi believed that the power of truth and non-violence could overcome
even the most entrenched systems of oppression.
Overall, Gandhian ethics and values emphasize the importance of compassion, selflessness,
and service to others, along with a commitment to truth, non-violence, and social justice.
These principles continue to be influential in contemporary India and around the world.
Mahatma Gandhi was a staunch believer in non-violence and advocated for the use of
peaceful means to achieve social and political change. Therefore, he was opposed to the use
of firearms, ammunition, projectiles, explosives, and fireworks.
Gandhi believed that the use of violence, including the use of firearms and explosives, was
not only immoral but also ineffective in achieving lasting change. He saw violence as a self-
defeating means to an end and believed that it would only perpetuate a cycle of violence and
hatred.
Gandhi also believed that the use of fireworks and other explosive devices was wasteful and
served no real purpose beyond entertainment. He believed that such activities diverted
resources and attention away from more pressing social issues and contributed to
environmental degradation.
Instead of using violence or fireworks, Gandhi advocated for the use of non-violent
resistance and civil disobedience to achieve social and political change. He believed that
non-violent resistance could be a powerful tool for effecting change, as it demonstrated the
strength of conviction and commitment to a cause.
Overall, Gandhi's philosophy on firearms, ammunition, projectiles, explosives, and fireworks
can be summed up by his strong commitment to non-violence and his belief in the power of
peaceful resistance to bring about lasting change.
3
Mahatma Gandhi was a strong opponent of exploitation in all its forms, including economic,
social, and political exploitation. He believed that exploitation was a fundamental injustice
that violated the dignity and rights of individuals and communities.
Gandhi saw economic exploitation as a particularly pernicious form of oppression, as it often
involved the exploitation of the poor and vulnerable by the rich and powerful. He believed
that the root cause of economic exploitation was the concentration of wealth and power in
the hands of a few, and he advocated for the redistribution of wealth and resources to
promote greater economic equality and justice.
Gandhi also opposed social and political exploitation, particularly the exploitation of
marginalized and oppressed communities such as women, Dalits, and indigenous peoples.
He believed that these communities had been systematically excluded from the benefits of
social and economic development and were often subject to discrimination and violence.
To combat exploitation, Gandhi advocated for a range of strategies, including nonviolent
resistance, civil disobedience, and peaceful protests. He also believed in the importance of
education and empowerment, particularly for marginalized communities, as a means of
challenging unjust power structures and promoting greater social and economic equality.
Overall, Gandhi saw exploitation as a profound injustice that needed to be addressed
through a combination of social, economic, and political reforms, as well as a commitment to
nonviolence and social justice.
Mahatma Gandhi was a staunch advocate for animal rights and believed that all living beings,
including animals, deserved to be treated with respect and compassion. He viewed animals
as sentient beings with their own rights and needs, and believed that humans had a moral
obligation to protect and care for them.
Gandhi was a vegetarian and believed that the consumption of meat was not only cruel to
animals but also harmful to human health and the environment. He saw vegetarianism as a
way of promoting nonviolence and reducing suffering in the world.
Gandhi also spoke out against animal cruelty and advocated for the humane treatment of
animals in agriculture, transportation, and other areas where they were used for human
purposes. He believed that animals should not be subjected to unnecessary suffering or
exploitation and that humans had a responsibility to ensure their welfare.
In addition to his advocacy for animal rights, Gandhi also saw the interconnectedness of all
living beings and believed that humans had a responsibility to protect the environment and
its biodiversity. He believed that humans should live in harmony with nature and not exploit
it for their own purposes.
Overall, Gandhi's views on animals reflected his deep commitment to nonviolence and his
belief in the interconnectedness of all living beings. He saw the humane treatment of animals
as an essential component of a just and compassionate society, and believed that humans
had a moral obligation to protect and care for all living beings.
4
Resolutions:
With the blessings of great visionary late Chaudhary Om Parkash Kadyan, Retired
BDPO with Smt. Prem Kaur Dhankar, founder of People for Animals – PFA Haryana
We the people of India, holding berth in the Scouts and Guides for Animals and Birds,
tirelessly working on the following issues, without gain and profit, and resolved that to
perform fundamental duties:
51A. Fundamental duties:
It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national struggle for
freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
(d) to defend the country and render national service when called upon to do so.
(e) to promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests, lakes, rivers and
wild life, and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement.
(k) who is a parent or guardian to provide opportunities for education to his child or,
as the case may be, ward between the age of six and fourteen years.
1. Decisions adopted by the Conference of the Parties to the Convention on Biological
Diversity at its Eleventh Meeting, as NATURE PROTECTS IF SHE IS PROTECTED,
endorsed by the Scouts and Guides for Animals and Birds.
2. International Day of Non - Violence, adopted by the United Nations, endorsed by Scouts
and Guides for Animals and Birds, along with OIPA: Indian People for Animals.
3. The Nice Classification (NCL), established by the Nice Agreement (1957), is an
international classification of goods and services applied for the registration of marks.
Intellectual property (IP) refers to creations of the mind, such as inventions; literary
and artistic works; designs; and symbols, names and images used in commerce.
4. Contradiction, treating animals as goods, vehicle, commodity, food and agricultural
product, introducing proper vehicle to transport, restoring their 5 freedoms.
5. Cow as National Cattle of India and Honey Bee as National Insects of India, with
protection under the Wildlife Protection Act, 1972, introducing Honey Bee Act.
6. Animal Welfare Board of India, be replaced with the National Commission on Animal
Welfare with judicial powers.
7. Camel Transportation Rules, regulating Force and Police animals with rank and
rehabilitation policy after retirement.
8. Man animal conflict and their co-existence, preventing exploitation of honey bee.
9. Flora and fauna, publication and training for awareness, along with conducting
research on Cow – veal urine, dung and beef about their medicinal properties.
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Trade Mark Objectionable activities, against Negative list Objections: Gandhian values
Class 1 Agriculture, horticulture and forestry Negative list of KVIC
Class 5 Preparation for destroying vermin Violence: Gandhian values
Class 13 Firearms, ammunition and projectiles, explosives Violence: Gandhian values
Class 18 Whips: whereas Catapult was ban by KVIC Violence: Gandhian values
Class 20 Ivory, whalebone, shell, amber Criminal offense against wildlife
Class 28 Decorations for Christmas trees Discrimination
Class 29 Meat, fish, poultry, eggs Negative list of KVIC
Class 31 Live animals Negative list of KVIC
Class 33 Alcoholic beverages Negative list of KVIC
Class 34 Tobacco, smokers articles Negative list of KVIC
6
Reconstitution of Gujarat Biodiversity Board
Government of Gujarat
Forest & Environment Department
No. VPS/1012/338/W
Sachivalaya, Gandhinagar
Date: -26/04/2022
Read: -
Forest & Environment Department's ...
(1) Notification No. GVN/2006/8/WLP /2003/1777 /Gl, Dt. 11/05/2006
(2) Notification No. GVN/2007 /28/WLP /2003/1777/Gl, Dt. 14/05/2007
(3) Notification No. GVN/2007 /30/WLP /2003/1777 /Gl, Dt. 25/06/2007
(4) Notification No. GVN/2008/39 /WLP /2003/1777 /W, Dt. 02/08/2008
(5) Corrigendum No. VPS/1012/338/W, Dt. 10/07/2015
(6) Notification No. WLP /2003/1777 /W, Dt. 14/08/2015
(9) Member Secretary, Gujarat Bio Diversity Board's letter No. GBB/T-
3b/1204/2021-22, Dt. 04/08/2021
Corrigendum
The State Biodiversity Board has been constituted and the term of
non-official members was decided as three years vide this department's
notification No. GVN/2006/8/WLP /2003/1777/Gl, Dt.11/05/2006
referred at Sr. No (1) above Thereafter some changes were made in the
list of members vide this department's notification referred at Sr. No. (2),
(3), (4) and (6). Then the Gujarat Biodiversity Board has been
reconstituted vide this department's corrigendum dated 10/07/2015,
24/08/2015 and 07/09/2018 referred at Sr. No. (5), (7) and (8) above. As
the terms of the non-official/invitee members of the Board ended on
Dt.06/09/2021, Member Secretary, Gujarat Bio Diversity Board proposed
to reconstitute the Board vide his letter dated 04/08/2021 referred at Sr.
2. Now after careful consideration, Gujarat Biodiversity Board is reconstituted
as under: -
Sr.No Name Designation
1 Principal Chief Conservator of Forest Chairman
2 Principal Chief Conservator of Forest (HoFF) OR Member
his representative, Gujarat State, Gandhinagar
3 Secretary, Animal Husbandry, Fisheries, Cow Member
breeding and co-operation, Department of
Agriculture, Farmers Welfare and Co-operation
Department OR his representative
4 Additional/ Joint/Deputy Secretary (Wildlife), Member
Forest & Environment Department, Gandhinagar.
5 Additional/ Joint/ Deputy Secretary, Tribal Member
Development Department, Gandhinagar.
6 Chief Conservator of Forest Member
Secretary
7 Member Secretary, Gujarat Ecology Commission,
Member
Government of Gujarat
8 Vice chancellor, Gujarat National Law University Member
or Representative dealing with IPR and / or
Biodiversity related statutes.
9 Vice Chancellor, Junagadh Agriculture University, Member
Junagadh
10 Director AYUSH, Health and Family Welfare Member
Department, Government of Gujarat
11 Head of Department, Department of Social Member
Anthropology/ Sociology, Gujarat Vidyapith,
Ahmedabad
3. The Board is authorized to invite among the following as a Special Invitee for
the Board meeting as and when required.
• Secretary, Department of Science & Technology or his representative,
Gujarat State.
• Representative from National Biodiversity Authority, Chennai.
• Representative from MoEF & CC, New Delhi
• Secretary, Department of Climate Change or his representative, Gujarat
.,,:<~-;}:"·:-;-··· ta te.
,/ ._;,.-,.. ,N/l'fi.·
/;: :)\~::;ri~P~t~n of Biological Science of any Government Universities.
;. :: ;J> I:>{i'~ctor, Animal Husbandry, Agriculture, Farmers Welfare and Co-
t; .J- .»> r /1 _- -.1
· "- · _.~¢ration Department or his representative, Gujarat State

•'> '-~ ,,;~::- .~; :::- \ ,<
'" ·•; '·' .~ -
4. As per section-23 of Biological Diversity Act, 2002 the functions of the
Board shall be to:
(1) Advice the State Government, Subject to any guidelines issued by the
Central Government, on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of
the benefits arising out of the utilization of biological resources;
(2) Regulate by granting of approvals or otherwise requests for commercial
utilization or bio-survey and bio-utilization of any biological resource
by Indians;
(3) Perform by other functions as may be necessary to carry out the
provisions of this act and as may be prescribed by the State Government.
5. The terms of the non-official members shall be of 3 years from date of

this Corrigendum; however, the ·State Government may remove any non-
official member at any time without assigning any reason.
6. The non-official members of the Board shall be entitled for TA/DA as

admissible to Class-I officers of the State Government as per instructions of the
Finance Department from time to time.
By Order and in the name of the Governor of Gujarat.
r.:
(SJ Pandit)
Additional Secretary
Forest & Environment Department
To,
1. The P.S. to Hon'ble Chief Minister, Gujarat, Gandhinagar.
2. The P.S. to Hon'ble Minister (Forest & Environment), Gandhinagar.
3. The P. S. to Hon'ble Minister of State (Forest & Environment), Gandhinagar.
4. The Joint Secretary to Chief Secretary, Government of Gujarat,
Sachivalaya, Gandhinagar.
5. The Secretary, Ministry of Environment & Forests, Government of India,
CGO Complex, Paryavaran Bhavan, New Delhi.
6. The Member Secretary, National Biodiversity Authority, 475, 901 South
Cross Street Kapaleeswar Nagar, Neelankari, Chennai.
7. Addl. Chief Secretary, Forest & Environment Department, Sachivalaya,
Gandhinagar.
8. Secretary, Tribal Development Department, Sachivalaya, Gandhinagar.
9. Secretary, Animal Husbandry, Fisheries, Cow breeding and co-
operation, Department of Agriculture, Farmers Welfare and Co-
operation Department.
10. Chairman, Gujarat Biodiversity Board, Gandhinagar.
11. The Principal Chief Conservator of Forests & HOFF, Gandhinagar.
12. The Principal Chief Conservator of Forests (Wildlife), Gandhinagar.
13. Additional Secretary (Wildlife), Forests & Environment Departments,
Sachivalaya, Gandhinagar.
14. Member Secretary, Gujarat Ecology Commission, Gandhinagar.
15. Vice chancellor, Gujarat National Law University, Gandhinagar.
16. Vice Chancellor, Junagadh Agriculture University, Junagadh
17. Director AYUSH, Health and Family Welfare Department, Government
of Gujarat, Block No. 5, Dr. Jivraj Mehta Bhawan, Gandhinagar.
18. Head of Department, Department of Social Anthropology / Sociology,
Gujarat Vidyapith, Ahmedabad
19. The Member Secretary, Gujarat Biodiversity Board, Gandhinagar.
20. The System Manager, Forests & Environment Department, Sachivalaya
for uploading this Corrigendum on Website.
21. Select file
THE BIOLOGICAL DIVERSITY ACT, 2002
__________
ARRANGEMENT OF SECTIONS
__________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
3. Certain persons not to undertake Biodiversity related activities without approval of National
Biodiversity Authority.
4. Results of research not to be transferred to certain persons without approval of National
5. Sections 3 and 4 not to apply to certain collaborative research projects.
6. Application for intellectual property rights not to be made without approval of National
7. Prior intimation to State Biodiversity Board for obtaining biological resource for certain
purposes.
CHAPTER III
NATIONAL BIODIVERSITY AUTHORITY
8. Establishment of National Biodiversity Authority.
9. Conditions of service of Chairperson and members.
10. Chairperson to be Chief Executive of National Biodiversity Authority.
11. Removal of members.
12. Meetings of National Biodiversity Authority.
13. Committees of National Biodiversity Authority.
14. Officers and employees of National Biodiversity Authority.
15. Authentication of orders and decisions of National Biodiversity Authority.
16. Delegation of powers.
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
India.
CHAPTER IV
FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
18. Functions and powers of National Biodiversity Authority.
CHAPTER V
APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
19. Approval by National Biodiversity Authority for undertaking certain activities.
20. Transfer of biological resource or knowledge.
21. Determination of equitable benefit sharing by National Biodiversity Authority.
1
CHAPTER VI
STATE BIODIVERSITY BOARD
SECTIONS
22. Establishment of State Biodiversity Board.
23. Functions of State Biodiversity Board.
24. Power of State Biodiversity Board to restrict certain activities violating the objectives of
conservation, etc.
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
CHAPTER VII
FINANCE, ACCONTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
26. Grants or loans by the Central Government.
27. Constitution of National Biodiversity Fund.
28. Annual report of National Biodiversity Authority.
29. Budget, accounts and audit.
30. Annual report to be laid before Parliament.
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD
31. Grants of money by State Government to State Biodiversity Board.
32. Constitution of State Biodiversity Fund.
33. Annual report of State Biodiversity Board.
34. Audit of accounts of State Biodiversity Board.
35. Annual report of State Biodiversity Board to be laid before State Legislature.
CHAPTER IX
DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS
36. Central Government to develop National strategies, plans, etc., for conservation, etc., of
biological diversity.
37. Biodiversity heritage sites.
38. Power of Central Government to notify threatened species.
39. Power of Central Government to designate repositories.
40. Power of Central Government to exempt certain biological resources.
CHAPTER X
BIODIVERSITY MANAGEMENT COMMITTEES
41. Constitutions of Biodiversity Management Committees.
CHAPTER XI
LOCAL BIODIVERSITY FUND
42. Grants to Local Biodiversity Fund.
43. Constitution of Local Biodiversity Fund.
44. Application of Local Biodiversity Fund.
45. Annual report of Biodiversity Management Committees.
46. Audit of accounts of Biodiversity Management Committees.
2
SECTIONS
47. Annual report, etc., of Biodiversity Management Committee to be submitted to District
Magistrate.
CHAPTER XII
MISCELLANEOUS
48. National Biodiversity Authority to be bound by the directions given by Central Government.
49. Power of State Government to give directions.
50. Settlement of disputes between State Biodiversity Boards.
51. Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed
to be public servants.
52. Appeal.
52A. Appeal to National Green Tribunal.
53. Execution of determination or order.
54. Protection of action taken in good faith.
55. Penalties.
56. Penalty for contravention for directions or orders of Central Government, State Government,
National Biodiversity Authority and State Biodiversity Boards.
57. Offences by companies.
58. Offences to be cognizable and non-bailable.
59. Act to have effect in addition to other Acts.
60. Power of Central Government to give directions to State Government.
61. Cognizance of offences.
62. Power of Central Government to make rules.
63. Power of State Government to make rules.
64. Power to make regulations.
65. Power to remove difficulties.
3
THE BIOLOGICAL DIVERSITY ACT, 2002
ACT NO. 18 OF 2003
[5th February, 2003.]
An Act to provide for conservation of biological diversity, sustainable use of its components and
fair and equitable sharing of the benefits arising out of the use of biological resources,
knowledge and for matters connected therewith or incidental thereto.
WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge
system relating thereto.
AND WHEREAS India is a party to the United Nations Convention on Biological Diversity signed at
Rio de Janeiro on the 5th day of June, 1992;
AND WHEREAS the said Convention came into force on the 29th December, 1993;
AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological
resources;
AND WHEREAS the said Convention has the main objective of conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of
genetic resources;
AND WHEREAS it is considered necessary to provide for conservation, sustainable utilisation and
equitable sharing of the benefits arising out of utilisation of genetic resources and also to give effect to the
said Convention.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Biological Diversity
Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the
Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference
in any such provision to the commencement of this Act shall be construed as a reference to the coming
into force of that provision.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “benefit claimers” means the conservers of biological resources, their by-products, creators
and holders of knowledge and information relating to the use of such biological resources,
innovations and practices associated with such use and application;
(b) “biological diversity” means the variability among living organisms from all sources and the
ecological complexes of which they are part and includes diversity within species or between species
and of eco-systems;
(c) “biological resources” means plants, animals and micro-organisms or parts thereof, their
genetic material and by-products (excluding value added products) with actual or potential use or
value, but does not include human genetic material;
1. 1st October, 2003 (ss. 1, 2, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 48, 54, 59, 62, 63, 64, 65), vide notification No. S.O.
1146(E), dated 1st October, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st July, 2004 (ss. 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41,
42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 55, 56, 57, 58, 60, 61), vide notification No. S.O. 753(E), dated 1st July, 2004,
see Gazette of India, Extraordinary, Part II, sec. 3(ii).
4
(d) “bio-survey and bio-utilisation” means survey or collection of species, subspecies, genes,
components and extracts of biological resource for any purpose and includes characterisation,
inventorisation and bioassay;
(e) “Chairperson” means the Chairperson of the National Biodiversity Authority or, as the case
may be, of the State Biodiversity Board;
(f) “commercial utilisation” means end uses of biological resources for commercial utilisation
such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins,
colours, extracts and genes used for improving crops and livestock through genetic intervention, but
does not include conventional breeding or traditional practices in use in any agriculture, horticulture,
poultry, dairy farming, animal husbandry or bee keeping;
(g) “fair and equitable benefit sharing” means sharing of benefits as determined by the National
Biodiversity Authority under section 21;
(h) “local bodies” means Panchayats and Municipalities, by what ever name called, within the
meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the
absence of any Panchayats or Municipalities, institutions of self-government constituted under any
other provision of the Constitution or any Central Act or State Act;
(i) “member” means a member of the National Biodiversity Authority or a State Biodiversity
Board and includes the Chairperson;
(j) “National Biodiversity Authority” means the National Biodiversity Authority established
under section 8;
(k) “prescribed” means prescribed by rules made under this Act;
(l) “regulations” means regulations made under this Act;
(m) “research” means study or systematic investigation of any biological resource or
technological application, that uses biological systems, living organisms or derivatives thereof to
make or modify products or processes for any use;
(n) “State Biodiversity Board” means the State Biodiversity Board established under section 22;
(o) “sustainable use” means the use of components of biological diversity in such manner and at
such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its
potential to meet the needs and aspirations of present and future generations;
(p) “value added products” means products which may contain portions or extracts of plants and
animals in unrecognizable and physically inseparable form.
CHAPTER II
REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
3. Certain persons not to undertake Biodiversity related activities without approval of National
Biodiversity Authority.—(1) No person referred to in sub-section (2) shall, without previous approval of
the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge
associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation.
(2) The persons who shall be required to take the approval of the National Biodiversity Authority
under sub-section (1) are the following, namely:—
(a) a person who is not a citizen of India;
(b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the
Income-tax Act, 1961 (43 of 1961);
(c) a body corporate, association or organisation—
(i) not incorporated or registered in India; or
(ii) incorporated or registered in India under any law for the time being in force which has
any non-Indian participation in its share capital or management.
5
4. Results of research not to be transferred to certain persons without approval of National
Biodiversity Authority.—No person shall, without the previous approval of the National Biodiversity
Authority, transfer the results of any research relating to any biological resources occurring in, or
obtained from, India for monetary consideration or otherwise to any person who is not a citizen of India
or citizen of India who is non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961
(43 of 1961) or a body corporate or organisation which is not registered or incorporated in India or which
has any non-Indian participation in its share capital or management.
Explanation.—For the purposes of this section, “transfer” does not include publication of research
papers or dissemination of knowledge in any seminar or workshop, if such publication is as per the
guidelines issued by the Central Government.
5. Sections 3 and 4 not to apply to certain collaborative research projects.—(1) The provisions of
sections 3 and 4 shall not apply to collaborative search projects involving transfer or exchange of
biological resources or information relating thereto between institutions, including Government sponsored
institutions of India, and such institutions in other countries, if such collaborative research projects satisfy
the conditions specified in sub-section (3).
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based
on agreements concluded before the commencement of this Act and in force shall, to the extent the
provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under
clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall—
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.
6. Application for intellectual property rights not to be made without approval of National
Biodiversity Authority.—(1) No person shall apply for any intellectual property right, by whatever name
called, in or outside India for any invention based on any research or information on a biological resource
obtained from India without obtaining the previous approval of the National Biodiversity Authority
before making such application:
Provided that if a person applies for a patent, permission of the National Biodiversity Authority may
be obtained after the acceptance of the patent but before the sealing of the patent by the patent authority
concerned:
Provided further that the National Biodiversity Authority shall dispose of the application for
permission made to it within a period of ninety days from the date of receipt thereof.
(2) The National Biodiversity Authority may, while granting the approval under this section, impose
benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits
arising out of the commercial utilisation of such rights.
(3) The provisions of this section shall not apply to any person making an application for any right
under any law relating to protection of plant varieties enacted by Parliament.
(4) Where any right is granted under law referred to in sub-section (3), the concerned authority
granting such right shall endorse a copy of such document granting the right to the National Biodiversity
Authority.
7. Prior intimation to State Biodiversity Board for obtaining biological resource for certain
purposes.—No person, who is a citizen of India or a body corporate, association or organisation which is
registered in India, shall obtain any biological resource for commercial utilisation, or bio-survey and
bio-utilisation for commercial utilisation except after giving prior intimation to the State Biodiversity
Board concerned:
Provided that the provisions of this section shall not apply to the local people and communities of the
area, including growers and cultivators of biodiversity, and vaids and hakims, who have been practicing
indigenous medicine.
6
CHAPTER III
NATIONAL BIODIVERSITY AUTHORITY
8. Establishment of National Biodiversity Authority.—(1) With effect from such date as the
Central Government may, by notification in the Official Gazette, appoint, there shall be established by the
Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority.
(2) The National Biodiversity 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 contract, and shall by the said name sue and be sued.
(3) The head office of the National Biodiversity Authority shall be at Chennai and the National
Biodiversity Authority may, with the previous approval of the Central Government, establish offices at
other places in India.
(4) The National Biodiversity Authority shall consist of the following members, namely:—
(a) a Chairperson, who shall be an eminent person having adequate knowledge and experience in
the conservation and sustainable use of biological diversity and in matters relating to equitable
sharing of benefits, to be appointed by the Central Government;
(b) three ex officio members to be appointed by the Central Government, one representing the
Ministry dealing with Tribal Affairs and two representing the Ministry dealing with Environment and
Forests of whom one shall be the Additional Director General of Forests or the Director General of
Forests;
(c) seven ex officio members to be appointed by the Central Government to represent respectively
the Ministries of the Central Government dealing with—
(i) Agricultural Research and Education;
(ii) Biotechnology;
(iii) Ocean Development;
(iv) Agriculture and Cooperation;
(v) Indian Systems of Medicine and Homoeopathy;
(vi) Science and Technology;
(vii) Scientific and Industrial Research;
(d) five non-official members to be appointed from amongst specialists and scientists having
special knowledge of, or experience in, matters relating to conservation of biological diversity,
sustainable use of biological resources and equitable sharing of benefits arising out of the use of
biological resources, representatives of industry, conservers, creators and knowledge-holders of
biological resources.
9. Conditions of service of Chairperson and members.—The term of office and conditions of
service of the Chairperson and the other members other than ex officio members of the National
Biodiversity Authority shall be such as may be prescribed by the Central Government.
10. Chairperson to be Chief Executive of National Biodiversity Authority.—The Chairperson
shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and
perform such duties, as may be prescribed.
11. Removal of members.—The Central Government may remove from the National Biodiversity
Authority any member 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
7
(d) so abused his position as to render his continuance in office detrimental to the public interest;
or
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a
member.
12. Meetings of National Biodiversity Authority.—(1) The National Biodiversity Authority shall
meet at such time and place and shall observe such rules of procedure in regard to the transaction of
business at its meetings (including the quorum at its meetings) as may be prescribed.
(2) The Chairperson of the National Biodiversity Authority shall preside at the meetings of the
National Biodiversity Authority.
(3) If for any reason the Chairperson is unable to attend any meeting of the National Biodiversity
Authority, any member of the National Biodiversity Authority chosen by the members present at the
meeting shall preside at the meeting.
(4) All questions which come before any meeting of the National Biodiversity Authority shall be
decided by a majority of votes of the members present and voting and in the event of equality of votes,
the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote.
(5) Every member who is in any way, whether directly, indirectly or personally, concerned or
interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and
after such disclosure, the member concerned or interested shall not attend that meeting.
(6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason
of—
(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or
(b) any defect in the appointment of a person acting as a member; or
(c) any irregularity in the procedure of the National Biodiversity Authority not affecting the
merits of the case.
13. Committees of National Biodiversity Authority.—(1) The National Biodiversity Authority may
constitute a committee to deal with agro-biodiversity.
Explanation.—For the purposes of this sub-section, “agro-biodiversity” means biological diversity of
agriculture related species and their wild relatives.
(2) Without prejudice to the provisions of sub-section (1), the National Biodiversity Authority may
constitute such number of committees as it deems fit for the efficient discharge of its duties and
performance of its functions under this Act.
(3) A committee constituted under this section shall co-opt such number of persons, who are not the
members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have
the right to attend the meetings of the committee and take part in its proceedings but shall not have the
right to vote.
(4) The persons appointed as members of the committee under sub-section (2) shall be entitled to
receive such allowances or fees for attending the meetings of the committee as may be fixed by the
Central Government.
14. Officers and employees of National Biodiversity Authority.—(1) The National Biodiversity
Authority may appoint such officers and other employees as it considers necessary for the efficient
discharge of its functions under this Act.
(2) The terms and conditions of service of such officers and other employees of the National
Biodiversity Authority shall be such as may be specified by regulations.
15. Authentication of orders and decisions of National Biodiversity Authority.—All orders and
decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson
or any other member authorised by the National Biodiversity Authority in this behalf and all other
8
instruments executed by the National Biodiversity Authority shall be authenticated by the signature of an
officer of the National Biodiversity Authority authorised by it in this behalf.
16. Delegation of powers.—The National Biodiversity Authority may, by general or special order in
writing, delegate to any member, officer of the National Biodiversity Authority or any other person
subject to such conditions, if any, as may be specified in the order, such of the powers and functions
under this Act (except the power to prefer an appeal under section 50 and the power to make regulations
under section 64) as it may deem necessary.
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
India.—The salaries and allowances payable to the members and the administrative expenses of the
National Biodiversity Authority including salaries, allowances and pension payable to, or in respect of,
the officers and other employees of the National Biodiversity Authority shall be defrayed out of the
Consolidated Fund of India.
CHAPTER IV
FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
18. Functions and powers of National Biodiversity Authority—(1) It shall be the duty of the
National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by regulations
issue guidelines for access to biological resources and for fair and equitable benefit sharing.
(2) The National Biodiversity Authority may grant approval for undertaking any activity referred to in
sections 3, 4 and 6.
(3) The National Biodiversity Authority may—
(a) advise the Central Government on matters relating to the conservation of biodiversity,
sustainable use of its components and equitable sharing of benefits arising out of the utilisation of
biological resources;
(b) advise the State Governments in the selection of areas of biodiversity importance to be
notified under sub-section (1) of section 37 as heritage sites and measures for the management of
such heritage sites;
(c) perform such other functions as may be necessary to carry out the provisions of this Act.
(4) The National Biodiversity Authority may, on behalf of the Central Government, take any
measures necessary to oppose the grant of intellectual property rights in any country outside India on any
biological resource obtained from India or knowledge associated with such biological resource which is
derived from India.
CHAPTER V
APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
19. Approval by National Biodiversity Authority for undertaking certain activities.—(1) Any
person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring
in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and
bio-utilisation or transfer the results of any research relating to biological resources occurring in, or
obtained from, India, shall make application in such form and payment of such fees as may be prescribed,
to the National Biodiversity Authority.
(2) Any person who intends to apply for a patent or any other form of intellectual property protection
whether in India or outside India referred to in sub-section (1) of section 6, may make an application in
such form and in such manner as may be prescribed to the National Biodiversity Authority.
(3) On receipt of an application under sub-section (1) or sub-section (2), the National Biodiversity
Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert
committee constituted for this purpose, by order, grant approval subject to any regulations made in this
behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by
way of royalty or for reasons to be recorded in writing, reject the application:
9
Provided that no such order for rejection shall be made without giving an opportunity of being heard
to the person affected.
(4) The National Biodiversity Authority shall give public notice of every approval granted by it under
this section.
20. Transfer of biological resource or knowledge.—(1) No person who has been granted approval
under section 19 shall transfer any biological resource or knowledge associated thereto which is the
subject matter of the said approval except with the permission of the National Biodiversity Authority.
(2) Any person who intends to transfer any biological resource or knowledge associated thereto
referred to in sub-section (1) shall make an application in such form and in such manner as may be
prescribed to the National Biodiversity Authority.
(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after
making such enquiries as it may deem fit and if necessary after consulting an expert committee
constituted for this purpose, by order, grant approval subject to such terms and conditions as it may deem
fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject
the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard
to the person affected.
(4) The National Biodiversity Authority shall give public notice of every approval granted by it under
this section.
21. Determination of equitable benefit sharing by National Biodiversity Authority.—(1) The
National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that
the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising
out of the use of accessed biological resources, their by-products, innovations and practices associated
with their use and applications and knowledge relating thereto in accordance with mutually agreed terms
and conditions between the person applying for such approval, local bodies concerned and the benefit
claimers.
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf,
determine the benefit sharing which shall be given effect in all or any of the following manner,
namely:—
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority,
or where benefit claimers are identified, to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which will facilitate
better living standards to the benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with research and
development in biological resources and bio-survey and bio-utilisation;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as
the National Biodiversity Authority may deem fit.
(3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity
Authority may direct the amount to be deposited in the National Biodiversity Fund:
Provided that where biological resource or knowledge was a result of access from specific individual
or group of individuals or organisations, the National Biodiversity Authority may direct that the amount
shall be paid directly to such individual or group of individuals or organisations in accordance with the
terms of any agreement and in such manner as it deems fit.
(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the
Central Government, by regulations, frame guidelines.
10
CHAPTER VI
STATE BIODIVERSITY BOARD
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 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:—
(a) a Chairperson who shall be an eminent person having adequate knowledge and experience in
the conservation and sustainable use of biological diversity and in matters relating to equitable
sharing of benefits, to be appointed by the State Government;
(b) not more than five ex officio members to be appointed by the State Government to represent
the concerned Departments of the State Government;
(c) not more than five members to be appointed from amongst experts in matters relating to
conservation of biological diversity, sustainable use of biological resources 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—
(a) advise the State Government, subject to any guidelines issued by the Central Government, on
matters relating to the conservation of biodiversity, sustainable use of its components and equitable
sharing of the benefits arising out of the utilisation of biological resources;
(b) regulate by granting of approvals or otherwise requests for commercial utilisation or
bio-survey and bio-utilisation of any biological resource by Indians;
(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) Any citizen of India or a body corporate, organisation or association registered in
India intending to undertake any activity referred to in section 7 shall give prior intimation in such form
as may be prescribed by the State Government to the State Biodiversity Board.
(2) On receipt of an intimation under sub-section (1), the State Biodiversity Board may, in
consultation with the local bodies concerned and after making such enquires as it conservation, may deem
fit, by order, prohibit or restrict any such activity if it is of opinion that such activity is detrimental or
contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of
benefits arising out of such activity:
Provided that no such order shall be made without giving an opportunity of being heard to the person
affected.
11
(3) Any information given in the form referred to in sub-section (1) for prior intimation shall be kept
confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned
thereto.
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.
CHAPER VII
FINANACE, ACCOUNTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
26. Grants or loans by the Central Government.—The Central Government may, after due
appropriation made by Parliament by law in this behalf, pay to the National Biodiversity Authority by
way of grants or loans such sums of money as the Central Government may think fit for being utilised for
the purposes of this Act.
27. Constitution of National Biodiversity Fund—(1) There shall be constituted a Fund to be called
the National Biodiversity Fund and there shall be credited thereto—
(a) any grants and loans made to the National Biodiversity Authority under section 26;
(b) all charges and royalties received by the National Biodiversity Authority under this Act; and
(c) all sums received by the National Biodiversity Authority from such other sources as may be
decided upon by the Central Government.
(2) The Fund shall be applied for—
(a) channeling benefits to the benefit claimers;
(b) conservation and promotion of biological resources and development of areas from where
such biological resources or knowledge associated thereto has been accessed;
(c) socio-economic development of areas referred to in clause (b) in consultation with the local
bodies concerned.
28. Annual report of National Biodiversity Authority.—The National Biodiversity Authority shall
prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a
full account of its activities during the previous financial year and furnish, to the Central Government,
before such date as may be prescribed, its audited copy of accounts together with auditors report thereon.
29. Budget, accounts and audit.—(1) The National Biodiversity Authority shall prepare a budget,
maintain proper accounts and other relevant records (including the accounts and other relevant records of
the National Biodiversity Fund) and prepare an annual statement of account in such form as may be
prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the National Biodiversity Authority shall be audited by the Comptroller and
Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the National Biodiversity Authority to the Comptroller and
Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in
connection with the audit of the accounts of the National Biodiversity Authority shall have the same
rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General
generally has in connection with the audit of the Government accounts and, in particular, shall have the
12
right to demand the production of books, accounts, connected vouchers and other documents and papers
and to inspect any of the offices of the National Biodiversity Authority.
(4) The accounts of the National Biodiversity Authority as certified by the Comptroller and
Auditor-General of India or any other person appointed by him in this behalf together with the audit
report there on shall be forwarded annually to the Central Government.
30. Annual report to be laid before parliament.—The Central Government shall cause the annual
report and auditor's report to be laid, as soon as may be after they are received, before each House of
Parliament.
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD
31. Grants of money by State Government to State Biodiversity Board.—The State Government
may, after due appropriation made by the State Legislature by law in this behalf, pay to the State
Biodiversity Board by way of grants or loans such sums of money as the State Government may think fit
for being utilised for the purposes of this Act.
32. Constitution of State Biodiversity Fund.—(1) There shall be constituted a Fund to be called the
State Biodiversity Fund and there shall be credited thereto—
(a) any grants and loans made to the State Biodiversity Board under section 31;
(b) any grants or loans made by the National Biodiversity Authority;
(c) all sums received by the State Biodiversity Board from such other sources as may be decided
upon by the State Government.
(2) The State Biodiversity Fund shall be applied for—
(a) the management and conservation of heritage sites;
(b) compensating or rehabilitating any section of the people economically affected by notification
under sub-section (1) of section 37;
(c) conservation and promotion of biological resources;
(d) socio-economic development of areas from where such biological resources or knowledge
associated thereto has been accessed subject to any order made under section 24, in consultation with
the local bodies concerned;
(e) meeting the expenses incurred for the purposes authorised by this Act.
33. Annual report of State Biodiversity Board.—The State Biodiversity Board shall prepare, in
such form and at such time in each financial year as may be prescribed, its annual report, giving a full
account of its activities during the previous financial year, and submit a copy thereof to the State
Government.
34. Audit of accounts of State Biodiversity Board.—The accounts of the State Biodiversity Board
shall be maintained and audited in such manner as may, in consultation with the Accountant-General of
the State, be prescribed and the State Biodiversity Board shall furnish, to the State Government, before
such date as may be prescribed, its audited copy of accounts together with auditor’s report thereon.
35. Annual report of State Biodiversity Board to be laid before State Legislature.—The State
Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are
received, before the House of State Legislature.
CHAPTER IX
DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS
36. Central Government to develop National strategies plans, etc., for conservation, etc., of
biological diversity.—(1) The Central Government shall develop national strategies, plans, programmes
for the conservation and promotion and sustainable use of biological diversity including measures for
identification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ,
13
conservation of biological resources, incentives for research, training and public education to increase
awareness with respect to biodiversity.
(2) Where the Central Government has reason to believe that any area rich in biological diversity,
biological resources and their habitats is being threatened by overuse, abuse or neglect, it shall issue
directives to the concerned State Government to take immediate ameliorative measures, offering such
State Government any technical and other assistance that is possible to be provided or needed.
(3) The Central Government shall, as far as practicable wherever it deems appropriate, integrate the
conservation, promotion and sustainable use of biological diversity into relevant sectoral or cross-sectoral
plans, programmes and policies.
(4) The Central Government shall undertake measures,—
(i) wherever necessary, for assessment of environmental impact of that project which is likely to
have adverse effect on biological diversity, with a view to avoid or minimise such effects and where
appropriate provide for public participation in such assessment;
(ii) to regulate, manage or control the risks associated with the use and release of living modified
organisms resulting from biotechnology likely to have adverse impact on the conservation and
sustainable use of biological diversity and human health.
(5) The Central Government shall endeavour to respect and protect the knowledge of local people
relating to biological diversity, as recommended by the National Biodiversity Authority through such
measures, which may include registration of such knowledge at the local, State or national levels, and
other measures for protection, including sui generis system.
Explanation.—For the purposes of this section,—
(a) “ex situ conservation” means the conservation of components of biological diversity outside
their natural habitats;
(b) “in situ conservation” means the conservation of ecosystems and natural habitats and the
maintenance and recovery of viable populations of species in their natural surroundings and, in the
case of domesticated or cultivated species, in the surroundings where they have developed their
distinctive properties.
37. Biodiversity heritage sites.—(1) Without prejudice to any other law for the time being in force,
the State Government may, from time to time in consultation with the local bodies, notify in the Official
Gazette, areas of biodiversity importance as biodiversity heritage sites under this Act.
(2) The State Government, in consultation with the Central Government, may frame rules for the
management and conservation of all the heritage sites.
(3) The State Government shall frame schemes for compensating or rehabilitating any person or
section of people economically affected by such notification.
38. Power of Central Government to notify threatened species.—Without prejudice to the
provisions of any other law for the time being in force, the Central Government, in consultation with the
concerned State Government, may from time to time notify any species which is on the verge of
extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate
collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species.
39. Power of Central Government to designate repositories.—(1) The Central Government may,
in consultation with the National Biodiversity Authority, designate institutions as repositories under this
Act for different categories of biological resources.
(2) The repositories shall keep in safe custody the biological material including voucher specimens
deposited with them.
(3) Any new tax on discovered by any person shall be notified to the repositories or any institution
designated for this purpose and he shall deposit the voucher specimens with such repository or institution.
40. Power of Central Government to exempt certain biological resources.—Notwithstanding
anything contained in this Act, the Central Government may, in consultation with the National
14
Biodiversity Authority, by notification in the Official Gazette, declare that the provisions of this Act shall
not apply to any items, including biological resources normally traded as commodities.
CHAPTER X
BIODIVERSITY MANAGEMENT COMMITTEES
41. Constitution of Biodiversity Management Committee.—(1) Every local body shall constitute a
Biodiversity Management Committee within its area for the purpose of promoting conservation,
sustainable use and documentation of biological diversity including preservation of habitats, conservation
of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms
and chronicling of knowledge relating to biological diversity.
Explanation.—For the purposes of this sub-section,—
(a) “cultivar” means a variety of plant that has originated and persisted under cultivation or was
specifically bred for the purpose of cultivation;
(b) “folk variety” means a cultivated variety of plant that was developed, grown and exchanged
informally among farmers;
(c) “landrace” means primitive cultivar that was grown by ancient farmers and their successors.
(2) The National Biodiversity Authority and the State Biodiversity Boards shall consult the
Biodiversity Management Committees while taking any decision relating to the use of biological
resources and knowledge associated with such resources occurring within the territorial jurisdiction of the
Biodiversity Management Committee.
(3) The Biodiversity Management Committees may levy charges by way of collection fees from any
person for accessing or collecting any biological resource for commercial purposes from areas falling
within its territorial jurisdiction.
CHAPTER XI
LOCAL BIODIVERSITY FUND
42. Grants to Local Biodiversity Fund.—The State Government may, after due appropriation made
by State Legislature by law in this behalf, pay to the Local Biodiversity Funds by way of grants or loans
such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
43. Constitution of Local Biodiversity Fund.—(1) There shall be constituted a Fund to be called the
Local Biodiversity Fund at every area notified by the State Government where any institution of
self-government is functioning and there shall be credited thereto—
(a) any grants and loans made under section 42;
(b) any grants or loans made by the National Biodiversity Authority;
(c) any grants or loans made by the State Biodiversity Boards;
(d) fees referred to in sub-section (3) of section 41 received by the Biodiversity Management
Committees;
(e) all sums received by the Local Biodiversity Fund from such other sources as may be decided
upon by the State Government.
44. Application of Local Biodiversity Fund.—(1) Subject to the provisions of sub-section (2), the
management and the custody of the Local Biodiversity Fund and the purposes for which such Fund shall
be applied, be in the manner as may be prescribed by the State Government.
(2) The Fund shall be used for conservation and promotion of biodiversity in the areas falling within
the jurisdiction of the concerned local body and for the benefit of the community in so far such use is
consistent with conservation of biodiversity.
45. Annual report of Biodiversity Management Committees.—The person holding the custody of
the Local Biodiversity Fund shall prepare, in such form and during each financial year at such time as
15
may be prescribed, its annual report, giving a full account of its activities during the previous financial
year, and submit a copy thereof to the concerned local body.
46. Audit of accounts of Biodiversity Management Committees.—The accounts of the Local
Biodiversity Fund shall be maintained and audited in such manner as may, in consultation with the
Accountant-General of the State, be prescribed and the person holding the custody of the Local
Biodiversity Fund shall furnish, to the concerned local body, before such date as may be prescribed, its
audited copy of accounts together with auditor's report thereon.
47. Annual report, etc., of the Biodiversity Management Committee to be submitted to District
Magistrate.—Every local body constituting a Biodiversity Management Committee under sub-section (1)
of section 41, shall cause, the annual report and audited copy of accounts together with auditor's report
thereon referred to in sections 45 and 46, respectively and relating to such Committee to be submitted to
the District Magistrate having jurisdiction over the area of the local body.
CHAPTER XII
MISCELLANEOUS
48. National Biodiversity Authority to be bound by the directions given by Central
Government.—(1) Without prejudice to the foregoing provisions of this Act, the National Biodiversity
Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on
questions of policy as the Central Government may give in writing to it from time to time:
Provided that the National Biodiversity Authority shall, as far as practicable, be given opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is one of policy or not shall be final.
49. Power of State Government to give directions.—(1) Without prejudice to the foregoing
provisions of this Act, the State Biodiversity Board shall, in the discharge of its functions and duties
under this Act, be bound by such directions on questions of policy as the State Government may give in
writing to it from time to time:
Provided that the State Biodiversity Board shall, as far as practicable, be given an opportunity to
express its views before any direction is given under this sub-section.
(2) The decision of the State Government whether a question is one of policy or not shall be final.
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
(5 of 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;
16
(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.
(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 XXV1 of the Code of Criminal Procedure, 1973 (2 of 1974).
51. Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board
deemed to be public servants.—All members, officers and other employees of the National Biodiversity
Authority or the State Biodiversity Board shall be deemed, when acting or purporting to act in pursuance
of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
52. Appeal.—Any person, aggrieved by any determination of benefit sharing or order of the National
Biodiversity Authority or a State Biodiversity Board under this Act, may file an appeal to the High Court
within thirty days from the date of communication to him, of the determination or order of the National
Biodiversity Authority or the State Biodiversity Board, as the case may be:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause
from filing the appeal within the said period, allow it to be filed within a further period not exceeding
sixty days.
1
[Provided further that nothing contained in this section shall apply on and from the commencement
of the National Green Tribunal Act, 2010 (19 of 2010):
Provided also that any appeal pending before the High Court, before the commencement of the
National Green Tribunal Act, 2010 (19 of 2010), shall continue to be heard and disposed of by the High
Court as if the National Green Tribunal had not been established under section 3 of the National Green
Tribunal Act, 2010.]
1
[ 52A. Appeal to National Green Tribunal.—Any person aggrieved by any determination of
benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this
Act, on or after the commencement of the National Green Tribunal Act, 2010 (19 of 2010), may file an
appeal to the National Green Tribunal establishment under section 3 of the National Green Tribunal Act,
2010, in accordance with the provisions of that Act.]
53. Execution of determination or order.—Every determination of benefit sharing or order made by
the National Biodiversity Authority or a State Biodiversity Board under this Act or the order made by the
High Court in any appeal against any determination or order of the National Biodiversity Authority or a
State Biodiversity Board shall, on a certificate issued by any officer of the National Biodiversity
Authority or a State Biodiversity Board or the Registrar of the High Court, as the case may be, be deemed
to be decree of the civil court and shall be executable in the same manner as a decree of that court.
Explanation.—For the purposes of this section and section 52, the expression “State Biodiversity
Board” includes the person or group of persons to whom the powers or functions under sub-section (2) of
section 22 have been delegated under the proviso to that sub-section and the certificate relating to such
person or group of persons under this section shall be issued by such person or group of persons, as the
case may be.
54. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall
lie against the Central Government or the State Government or any officer of the Central Government or
State Government or any member, officer or employee of the National Biodiversity Authority or the
1. Ins. by Act of 19 of 2010, s. 36 and Schedule III (w. e. f. 18-10-2010).
17
State Biodiversity Board for anything which is in good faith done or intended to be done under this Act or
the rules or regulations made thereunder.
55. Penalties.—(1) Whoever contravenes or attempts to contravene or abets the contravention of the
provisions of section 3 or section 4 or section 6 shall be punishable with imprisonment for a term which
may extend to five years, or with fine which may extend to ten lakh rupees and where the damage caused
exceeds ten lakh rupees such fine may commensurate with the damage caused, or with both.
(2) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of
section 7 or any order made under sub-section (2) of section 24 shall be punishable with imprisonment for
a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.
56. Penalty for contravention of directions or orders of Central Government, State
Government, National Biodiversity Authority and State Biodiversity Boards.—If any person
contravenes any direction given or order made by the Central Government, the State Government, the
National Biodiversity Authority or the State Biodiversity Board for which no punishment has been
separately provided under this Act, he shall be punished with a fine which may extend to one lakh rupees
and in case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the
case of continuous contravention with additional fine which may extend to two lakh rupees every day
during which the default continues.
57. Offences by companies—(1) Where an offence or contravention under this Act has been
committed by a company, every person who at the time the offence or contravention was committed was
in charge of, and was responsible to, the company for the conduct of the business of the company, as well
as the company, shall be deemed to be guilty of the offence or contravention and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence or contravention was committed without his
knowledge or that he had exercised all due diligence to prevent the commission of such offence or
contravention.
(2) Notwithstanding anything contained in sub-section (1), where an offence or contravention under
this Act has been committed by a company and it is proved that the offence or contravention has been
committed with the consent or connivance of, or is attributable to, any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager, secretary or other officer shall
also be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” means any body corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
58. Offences to be cognizable and non-bailable.—The offences under this Act shall be cognizable
and non-bailable.
59. Act to have effect in addition to other Acts.—The provisions of this Act shall be in addition to,
and not in derogation of, the provisions in any other law, for the time being in force, relating to forests or
wildlife.
60. Power of Central Government to give directions to State Government.—The Central
Government may give directions to any State Government as to the carrying into execution in the State of
any of the provisions of this Act or of any rule or regulation or order made thereunder.
61. Cognizance of offences.—No Court shall take cognizance of any offence under this Act except
on a complaint made by—
(a) the Central Government or any authority or officer authorised in this behalf by that
Government; or
18
(b) any benefit claimer who has given notice of not less than thirty days in the prescribed manner,
of such offence and of his intention to make a complaint, to the Central Government or the authority
or officer authorised as aforesaid.
62. Power of Central Government to make rules.—(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) terms and conditions of service of the Chairperson and members under section 9;
(b) powers and duties of the Chairperson under section 10;
(c) procedure under sub-section (1) of section 12 in regard to transaction of business at meetings;
(d) form of application and payment of fees for undertaking certain activities under
sub-section (1) of section 19;
(e) the form and manner of making an application under sub-section (2) of section 19;
(f) form of application and the manner for transfer of biological resource or knowledge under
(g) form in which, and the time of each financial year at which, the annual report of the National
Biodiversity Authority shall be prepared and the date before which its audited copy of accounts
together with auditor's report thereon shall be furnished under section 28;
(h) form in which the annual statement of account shall be prepared under sub-section (1) of
section 29;
(i) the time within which and the form in which, an appeal may be preferred, the procedure for
disposing of an appeal and the procedure for adjudication, under section 50;
(j) the additional matter in which the National Biodiversity Authority may exercise powers of the
civil court under clause (h) of sub-section (6) of section 50;
(k) the manner of giving notice under clause (b) of section 61;
(1) any other matter which is to be, or may be, prescribed, or in respect of which provision is to
be made, by rules.
(3) Every rule made under this section and every regulation made under this Act shall be laid, as soon
as may be after it is made, before each House of Parliament, while it is in session or a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation
should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule or regulation.
63. Power of State Government to make rules.—(1) The State Government may, by notification in
the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the other functions to be performed by the State Biodiversity Board under clause (c) of section
23;
(b) the form in which the prior intimation shall be given under sub-section (1) of section 24;
(c) the form in which, and the time of each financial year at which, the annual report shall be
prepared under section 33;
19
(d) the manner of maintaining and auditing the accounts of the State Biodiversity Board and the
date before which its audited copy of the accounts together with auditor's report thereon shall be
furnished under section 34;
(e) management and conservation of national heritage sites under section 37;
(f) the manner of management and custody of the Local Biodiversity Fund and the purposes for
which such Fund shall be applied under sub-section (1) of section 44;
(g) the form of annual report and the time at which such report shall be prepared during each
financial year under section 45;
(h) the manner of maintaining and auditing the accounts of the Local Biodiversity Fund and the
date before which its audited copy of the accounts together with auditor's report thereon shall be
furnished under section 46;
(i) any other matter which is to be, or may be, specified.
(3) Every rule made by the State Government under this section shall be laid, as soon as may be after
it is made, before each House of the State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
64. Power to make regulations.—The National Biodiversity Authority shall, with the previous
approval of the Central Government, by notification in the Official Gazette, make regulations for carrying
out the purposes of this Act.
65. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, not inconsistent with the provisions of this Act, remove
the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made, before each
House of Parliament.
20
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
______
ARRANGEMENT OF SECTIONS
_____
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Duties of persons having charge of animals.
CHAPTER II
ANIMAL WELFARE BOARD OF INDIA
4. Establishment of Animal Welfare Board of India.
5. Constitution of the Board.
5A. Reconstitution of the Board.
6. Term of office and conditions of service of members of the Board.
7. Secretary and other employees of the Board.
8. Funds of the Board.
9. Functions of the Board .
10. Power of Board to make regulations.
CHAPTER III
CRUELTY TO ANIMALS GENERALLY
11. Treating animals cruelly.
12. Penalty for practising phooka or doom dev.
13. Destruction of suffering animals.
CHAPTER IV
EXPERIMENTATION ON ANIMALS
14. Experiments on animals.
15. Committee for control and supervision of experiments on animals.
15A. Sub-committees.
16. Staff of the Committee.
17. Duties of the Committee and power of the Committee to make rules relating to experiments
on animals.
1
SECTIONS
18. Power of entry and inspection.
19. Power to prohibit experiments on animals.
20. Penalties.
CHAPTER V
PERFORMING ANIMALS
21. “Exhibit” and “train” defined.
22. Restriction on exhibition and training of performing animals.
23. Procedure for registration.
24. Power of court to prohibit or restrict exhibition and training of performing animals.
25. Power to enter premises.
26. Offences.
27. Exemptions.
CHAPTER VI
MISCELLANEOUS
28. Saving as respects manner of killing prescribed by religion.
29. Power of court to deprive person convicted of ownership of animal.
30. Presumption as to guilt in certain cases.
31. Cognizability of offences.
32. Power of search and seizure.
33. Search warrants.
34. General power of seizure for examination.
35. Treatment and care of animals.
36. Limitation of prosecutions.
37. Delegation of powers.
38. Power to make rules.
38A. Rules and regulations to be laid before Parliament.
39. Persons authorised under section 34 to be public servants.
40. Indemnity.
41. Repeal of Act 11 of 1890.
2
THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960
ACT NO. 59 OF 1960
[26th December, 1960.]
An Act to prevent the infliction of unnecessary pain or suffering on animals and for that
purpose to amend the law relating to the prevention of cruelty to animals.
BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.―(1) This Act may be called the Prevention of
Cruelty to Animals Act, 1960.
(2) It extends to the whole of India 1***.
(3) It shall come into force on such date as the Central Government may, by notification in the
Official Gazette, appoint, and different dates2 may be appointed for different States and for the
different provisions contained in this Act.
2. Definitions.―In this Act, unless the context otherwise requires,―
(a) “animal” means any living creature other than a human being;
1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10-2019).
2. 1st April, 1961, vide Notification No.S.O.823, dated the 1st April, 1961, in respect of the State of Punjab and the Union
territory of Andaman and Nicobar Island, see Gazette of India 1961, Part II, sec. 3(ii).
1st September, 1961, vide Notification No. S.O. 2061, dated the 25th August, 1961, for Chapters I and II in respect of the
States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Uttar
Pradesh and West Bengal and the Union territories of Delhi, Manipur and Tripura, see Gazette of India, 1961, Part II,
sec. 3(ii).
2nd October, 1961, vide Notification No. S.O. 2286, dated 15th September 1961, Chapters I and II in respect of the Union
territory of Himachal Pradesh, Gazette of India, Part II, sec. 3(ii).
26th January, 1962, vide Notification No. S.O. 21, dated 28th December, 1961, provisions of Chapters I and II in respect
of the State of Rajasthan, see Gazette of India, Part II, sec. 3(ii).
15th July, 1963, vide Notification No. S.O. 2000, dated 11th July, 1963, Chapter IV in respect of the States of Assam,
Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa, Rajasthan, Uttar Pradesh
and West Bengal and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura, see Gazette of
India, Part II, sec. 3(ii).
20th November, 1963, vide Notification No. S.O. 3160, dated 29th October, 1963, Chapters III and VI in respect of the
States of Assam, Andhra Pradesh, Bihar, Gujarat, Kerala, Madras, Maharashtra, Madhya Pradesh, Mysore, Orissa,
Rajasthan and Uttar Pradesh and in respect of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura,
see Gazette of India. Part II, sec. 3(ii).
24th May, 1977, vide Notification No. S.O. 1902, dated 24th May 1977, provisions of Chapter V in respect of all the
States and the Union territories to which this Act extends (except the State of Jammu and Kashmir).
This Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and comes into force in Pondicherry
vide Reg. 7 of 1963, s. 3 and Sch.I (w.e.f. 1-10-1963). and brought into force in Dadra and Nagar Haveli by Reg. 6 of
1963, s. 2 and Sch. I (w.e.f. 1-7-1965).
3
[(b) “Board” means the Board established under section 4, and as reconstituted from time to
1
time under section 5A;]

(c) “captive animal” means any animal (not being a domestic animal) which is in captivity or
confinement, whether permanent or temporary, or which is subjected to any appliance or
contrivance for the purpose of hindering or preventing its escape from captivity or confinement or
which is pinioned or which is or appears to be maimed;
(d) “domestic animal” means any animal which is tamed or which has been or is being
sufficiently tamed to serve some purpose for the use of man or which, although it neither has been
nor is being nor is intended to be so tamed, is or has become in fact wholly or partly tamed;
(e) “local authority” means a municipal committee, district board or other authority for the
time being invested by law with the control and administration of any matters within a specified
local area;
(f) “owner”, used with reference to an animal, includes not only the owner but also any other
person for the time being in possession or custody of the animal, whether with or without the
consent of the owner;
(g) “phooka” or “doom dev” includes any process of introducing air or any substance into the
female organ of a milch animal with the object of drawing off from the animal any secretion of
milk;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “street” includes any way, road, lane, square, court, alley, passage or open space, whether a
thoroughfare or not, to which the public have access.
STATE AMENDMENTS
Karnataka
Amendment of section 2.―In section 2 of the Prevention of Cruelty to Animals Act, 1960
(Central Act 59 of 1960) (hereinafter referred to as the Principal Act),―
(i) after clause (a), the following shall be inserted, namely:―
“(aa) “Bulls race or Bullock cart race” means any form of bulls race including race of Bullock
cart as a traditional sports involving Bulls whether tied to cart with the help of wooden yoke or not (in
whatever name called) normally held as a part of tradition and culture in the state on such days and
places, as may be notified by the State Government.”; and
(ii) after clause (d), the following shall be inserted, namely:―
“(dd) “Kambala” means the traditional sports event involving Buffalo’s (male) race normally
held as a part of tradition and culture in the state on such days and places, as may be notified by the
State Government.”
[Vide Karnataka Act 2 of 2018, s. 2].
1. Subs. by Act 26 of 1982, s. 2, for clause (b) (w.e.f. 30-7-1982).

4
Maharashtra
Amendment of section 2 of 59 of 1960.―In section 2 of the Prevention of Cruelty to animals
Act, 1960 (59 of 1960), in its application to the State of Maharashtra (hereinafter referred to as “the
principal Act”), after clause (b), the following clause shall be inserted, namely:―
“(bb) “bullock cart race” means an event involving bulls or bullocks to conduct a race, whether
tied to cart with the help of wooden yoke or not (by whatever name called), with or without a cartman
with a view to follow tradition and culture on such days and in any District where it is being
traditionally held at such places, as may be previously approved by the District Collector, and also
known as “Bailgada Sharyat”, “Chhakadi” and “shankarpat” in the State of Maharashtra;”.
[Vide Maharashtra Act 45 of 2017, s. 2].
3. Duties of persons having charge of animals.―It shall be the duty of every person having the
care or charge of any animal to take all reasonable measures to ensure the well-being of such animal
and to prevent the infliction upon such animal of unnecessary pain or suffering.
STATE AMENDMENTS
Karnataka
Amendment of section 3.―Section 3 of the principal Act, shall be re-numbered as sub-section
(1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be
inserted, namely:―
“(2) Notwithstanding anything contained in sub-section (1) conduct of “Kambala” or “Bulls race
or Bullock cart race” shall be permitted, subject to condition that no unnecessary pain or suffering is
caused to the animals, by the person incharge of that animal used to conduct “Kambala” or “Bulls
race or Bullock cart race” as the case may be and subject to such other conditions as may be specified,
by the State Government, by notification.”
Maharashtra
Amendment of section 3 of 59 of 1960.―Section 3 of the principal Act shall be re-numbered as
sub-section (1) thereof; and after sub-section (1) as so re-numbered, the following sub-sections shall
be added, namely:―
“(2) Notwithstanding anything contained in sub-section (1), the bullock cart race may be
conducted with the prior permission of the Collector, subject to the condition that no pain or suffering
as envisaged by or under the Act is caused to the animal by any person or person in charge of the
animal used to conduct bullock cart race and subject to such other conditions as may be prescribed by
rules under section 38B by the State Government.
(3) If any person or person in charge of the animals conducts bullock cart race in contravention of
the conditions laid down in sub-section (2) or rules made thereunder relating to the bullock cart race
or causes pain or suffering to the animal, he shall be punished with fine which may extend upto rupees
five lakhs or imprisonment for a term which may extend upto three years.”.
5
CHAPTER II
1
[ANIMAL WELFARE BOARD OF INDIA]
4. Establishment of Animals Welfare Board of India.―(1) For the promotion of animal
welfare generally and for the purpose of protecting animals from being subjected to unnecessary pain
or suffering, in particular, there shall be established by the Central Government, as soon as may be
after the commencement of this Act, a Board to be called the 2[Animal Welfare Board of India].
(2) The Board shall be a body corporate having perpetual succession and a common seal with
power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by its
name sue and be sued.
5. Constitution of the Board.―(1) The Board shall consist of the following persons, namely:―
(a) the Inspector-General of Forests, Government of India, ex officio;
(b) the Animal Husbandry Commissioner to the Government of India, ex officio;
3
[(ba) two persons to represent respectively the Ministries of the Central Government dealing
with home affairs and education, to be appointed by the Central Government;
(bb) one person to represent the Indian Board for Wild Life, to be appointed by the Central
Government;
(bc) three persons who, in the opinion of the Central Government, are or have been actively
engaged in animal welfare work and are well-known humanitarians, to be nominated by the
Central Government;]
(c) one person to represent such association of veterinary practitioners as in the opinion of the
Central Government ought to be represented on the Board, to be elected by that association in the
prescribed manner;
(d) two persons to represent practitioners of modern and indigenous systems of medicine, to
be nominated by the Central Government;
4
[(e) one person to represent each of such two municipal corporations as in the opinion of the
Central Government ought to be represented on the Board, to be elected by each of the said
corporations in the prescribed manner;]
(f) one person to represent each of such three organisations actively interested in animal
welfare as in the opinion of the Central Government ought to be represented on the Board, to be
chosen by each of the said organisations in the prescribed manner;
(g) one person to represent each of such three societies dealing with prevention of cruelty to
animals as in the opinion of the Central Government ought to be represented on the Board, to be
chosen in the prescribed manner;
(h) three persons to be nominated by the Central Government;
(i) six members of Parliament, four to be elected by the House of the People (Lok Sabha) and
two by the Council of States (Rajya Sabha).
1. Subs. by Act 26 of 1982, s. 3, for “Animal Welfare Board” (w.e.f. 30-7-1982).

2. Subs. by s. 4, ibid., for “Animal Welfare Board” (w.e.f. 30-7-1982).
3. Ins. by s. 5, ibid. (w.e.f. 30-7-1982).
4. Subs. by s. 5, ibid., for clause (e) (w.e.f. 30-7-1982).
6
(2) Any of the persons referred to in clause (a) or 1[clause (b) or clause (ba) or clause (bb)] of
sub-section (1) may depute any other person to attend any of the meetings of the Board.
2
[(3) The Central Government shall nominate one of the members of the Board to be its Chairman
and another member of the Board to be its Vice-Chairman.]
3
[5A. Reconstitution of the Board.―(1) In order that the Chairman and other members of the
Board hold office till the same date and that their terms of office come to an end on the same date, the
Central Government may, by notification in the Official Gazette, reconstitute, as soon as may be after
the Prevention of Cruelty to Animals (Amendment) Act, 1982 (26 of 1982) comes into force, the
Board.
(2) The Board as reconstituted under sub-section (1) shall be reconstituted from time to time on
the expiration of every third year from the date of its reconstitution under sub-section (1).
(3) There shall be included amongst the members of the Board reconstituted under
sub-section (1), all persons who immediately before the date on which such reconstitution is to take
effect, are members of the Board but such persons shall hold office only for the unexpired portion of
the term for which they would have held office if such reconstitution had not been made and the
vacancies arising as a result of their ceasing to be members of the Board shall be filled up as casual
vacancies for the remaining period of the term of the Board as so reconstituted:
Provided that nothing in this sub-section shall apply in relation to any person who ceases to be a
member of the Board by virtue of the amendment made in sub-section (1) of section 5 by
sub-clause (ii) of clause (a) of section 5 of the Prevention of Cruelty to Animals (Amendment)
Act, 1982 (26 of 1982)].
4
[6. Term of office and conditions of service of members of the Board.―(1) The term for
which the Board may be reconstituted under section 5A shall be three years from the date of the
reconstitution and the Chairman and other members of the Board as so reconstituted shall hold office
till the expiry of the term for which the Board has been so reconstituted.
(2) Notwithstanding anything contained in sub-section (1),―
(a) the term of office of an ex officio member shall continue so long as he holds the office by
virtue of which he is such a member;
(b) the term of office of a member elected or chosen under clause (c), clause (e), clause (f),
clause (g), clause (h) or clause (i) of section 5 to represent any body of persons shall come to an
end as soon as he ceases to be a member of the body which elected him or in respect of which he
was chosen;
(c) the term of office of a member appointed, nominated, elected or chosen to fill a casual
vacancy shall continue for the remainder of the term of office of the member in whose place he is
appointed, nominated, elected or chosen;
(d) the Central Government may, at any time, remove for reasons to be recorded in writing a
member from office after giving him a reasonable opportunity of showing cause against the
1. Subs. by Act 26 of 1982, s. 5, for “clause (b)” (w.e.f. 30-7-1982).

2. Subs. by s. 5, ibid., for sub-section (3) (w.e.f. 30-7-1982).
3. Ins. by s. 6, ibid. (w.e.f. 30-7-1982).
4. Subs. by s.7, ibid., for section 6 (w.e.f. 30-7-1982).
7
proposed removal and any vacancy caused by such removal shall be treated as casual vacancy for
the purpose of clause (c).
(3) The members of the Board shall receive such allowances, if any, as the Board may, subject to
the previous approval of the Central Government, provide by regulations made in this behalf.
(4) No act done or proceeding taken by the Board shall be questioned on the ground merely of the
existence of any vacancy in, or defect in the constitution of, the Board and in particular, and without
prejudice to the generality of the foregoing, during the period intervening between the expiry of the
term for which the Board has been reconstituted under section 5A and its further reconstitution under
that section, the ex officio members of the Board shall discharge all the powers and functions of the
Board.]
7. Secretary and other employees of the Board.―(1) The Central Government shall appoint
1
*** the Secretary of the Board.
(2) Subject to such rules as may be made by the Central Government in this behalf, the Board
may appoint such number of other officers and employees as may be necessary for the exercise of its
powers and the discharge of its functions and may determine the terms and conditions of service of
such officers and other employees by regulations made by it with the previous approval of the Central
Government.
8. Funds of the Board.―The funds of the Board shall consist of grants made to it from time to
time by the Government and of contributions, donations, subscriptions, bequests, gifts and the like
made to it by any local authority or by any other person.
9. Functions of the Board.―The functions of the Board shall be―
(a) to keep the law in force in India for the prevention of cruelty to animals under constant
study and advise the Government on the amendments to be undertaken in any such law from time
to time;
(b) to advise the Central Government on the making of rules under this Act with a view to
preventing unnecessary pain or suffering to animals generally, and more particularly when they
are being transported from one place to another or when they are used as performing animals or
when they are kept in captivity or confinement;
(c) to advise the Government or any local authority or other person on improvements in the
design of vehicles so as to lessen the burden on draught animals;
(d) to take all such steps as the Board may think fit for 2[amelioration of animals] by
encouraging, or providing for, the construction of sheds, water-troughs and the like and by
providing for veterinary assistance to animals;
(e) to advise the Government or any local authority or other person in the design of
slaughter-houses or in the maintenance of slaughter-houses or in connection with slaughter of
animals so that unnecessary pain or suffering, whether physical or mental, is eliminated in the
pre-slaughter stages as far as possible, and animals are killed, wherever necessary, in as humane a
manner as possible;
1. The words “one of its officers to be” omitted by Act 26 of 1982, s. 8 (w.e.f. 30-7-1982).
2. Subs. by s. 9, ibid., for “ameliorating the condition of beasts of burden” (w.e.f. 30-7-1982).
8
(f) to take all such steps as the Board may think fit to ensure that unwanted animals are
destroyed by local authorities, whenever it is necessary to do so, either instantaneously or after
being rendered insensible to pain or suffering;
(g) to encourage, by the grant of financial assistance or otherwise 1[the formation or
establishment of pinjrapoles, rescue homes, animal shelters, sanctuaries and the like] where
animals and birds may find a shelter when they have become old and useless or when they need
protection;
(h) to co-operate with, and co-ordinate the work of, associations or bodies established for the
purpose of preventing unnecessary pain or suffering to animals or for the protection of animals
and birds;
(i) to give financial and other assistance to animal welfare organisations functioning in any
local area or to encourage the formation of animal welfare organisations in any local area which
shall work under the general supervision and guidance of the Board;
(j) to advise the Government on matters relating to the medical care and attention which may
be provided in animal, hospitals and to give financial and other assistance to animal hospitals
whenever the Board thinks it necessary to do so;
(k) to impart education in relation to the humane treatment of animals and to encourage the
formation of public opinion against the infliction of unnecessary pain or suffering to animals and
for the promotion of animal welfare by means of lectures, books, posters, cinematographic
exhibitions and the like;
(l) to advise the Government on any matter connected with animal welfare or the prevention
of infliction of unnecessary pain or suffering on animals.
10. Power of Board to make regulations.―The Board may, subject to the previous approval of
the Central Government, make such regulations as it may think fit for the administration of its affairs
and for carrying out its functions.
CHAPTER III
CRUELTY TO ANIMALS GENERALLY
11. Treating animals cruelly.―(1) If any person―
(a) beats, kicks, over-rides, over-drives, over-loads, tortures or otherwise treats any animal so
as to subject it to unnecessary pain or suffering or causes or, being the owner permits, any animal
to be so treated; or
(b) 2[employs in any work or labour or for any purpose any animal which, by reason of its age
or any disease], infirmity, wound, sore or other cause, is unfit to be so employed or, being the
owner, permits any such unfit animal to be so employed;
(c) wilfully and unreasonably administers any injurious drug or injurious substance to 3[any
animal] or wilfully and unreasonably causes or attempts to cause any such drug or substance to be
taken by 3[any animal]; or
1. Subs. by Act 26 of 1982, s. 9, for “the formation of pinjrapoles, sanctuaries and the like” (w.e.f. 30-7-1982).
2. Subs. by s.10, ibid., for certain words (w.e.f. 30-7-1982).
3. Subs. by s. 10, ibid., for “any domestic or captive animal” (w.e.f. 30-7-1982).
9
(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or
position as to subject it to unnecessary pain or suffering; or
(e) keeps or confines any animal in any cage or other receptacle which does not measure
sufficiently in height, length and breadth to permit the animal a reasonable opportunity for
movement; or
(f) keeps for an unreasonable time any animal chained or tethered upon an unreasonably short
or unreasonably heavy chain or cord; or
(g) being the owner, neglects to exercise or cause to be exercised reasonably any dog
habitually chained up or kept in close confinement; or
(h) being the owner of 1[any animal] fails to provide such animal with sufficient food, drink
or shelter; or
(i) without reasonable cause, abandons any animal in circumstances which render it likely that
it will suffer pain by reason of starvation or thirst; or
(j) wilfully permits any animal, of which he is the owner, to go at large in any street while the
animal is affected with contagious or infectious disease or, without reasonable excuse permits any
diseased or disabled animal, of which he is the owner, to die in any street; or
(k) offers for sale or, without reasonable cause, has in his possession any animal which is
suffering pain by reason of mutilation, starvation, thirst, overcrowding or other ill-treatment; or
2
[(l) multilates any animal or kills any animal (including stray dogs) by using the method of
strychnine injections in the heart or in any other unnecessarily cruel manner; or]
3
[(m) solely with a view to providing entertainment—
(i) confines or causes to be confined any animal (including tying of an animal as a bait in
a tiger or other sanctuary) so as to make it an object of prey for any other animal; or
(ii) incites any animal to fight or bait any other animal; or]
(n) 4*** organises, keeps, uses or acts in the management of, any place for animal
fighting or for the purpose of baiting any animal or permits or offers any place to be so used
or receives money for the admission of any other person to any place kept or used for any
such purposes; or
(o) promotes or takes part in any shooting match or competition wherein animals are released
from captivity for the purpose of such shooting;
he shall be punishable, 5[in the case of a first offence, with fine which shall not be less than ten rupees
but which may extend to fifty rupees and in the case of a second or subsequent offence committed
within three years of the previous offence, with fine which shall not be less than twenty-five rupees
but which may extend to one hundred rupees or with imprisonment for a term which may extend to
three months, or with both].
1. Subs. by Act 26 of 1982, s. 10, for “any captive animal” (w.e.f. 30-7-1982).
2. Subs. by s. 10, ibid., for clause (l) (w.e.f. 30-7-1982).
3. Subs. by s. 10, ibid., for clause (m) (w.e.f. 30-7-1982).
4. The words “for the purposes of his business” omitted by s.10, ibid. (w.e.f. 30-7-1982).
5. Subs. by s. 10, ibid., for certain words (w.e.f. 30-7-1982).
10
(2) For the purposes of sub-section (1), an owner shall be deemed to have committed an offence if
he has failed to exercise reasonable care and supervision with a view to the prevention of such
offence:
Provided that where an owner is convicted of permitting cruelty by reason only of having failed to
exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.
(3) Nothing in this section shall apply to―
(a) the dehorning of cattle, or the castration or branding or nose-roping of any animal, in the
prescribed manner; or
(b) the destruction of stray dogs in lethal chambers or 1[by such other methods as may be
prescribed]; or
(c) the extermination or destruction of any animal under the authority of any law for the time
being in force; or
(d) any matter dealt with in Chapter IV; or
(e) the commission or omission of any act in the course of the destruction or the preparation
for destruction of any animal as food for mankind unless such destruction or preparation was
accompanied by the infliction of unnecessary pain or suffering.
STATE AMENDMENTS
Karnataka
Amendment of section 11.―In section 11 of the principal Act, in sub-section (3), after clause
(e), the following shall be inserted, namely:―
“(f) the conduct of “Kambala” with a view to follow and promote tradition and culture and ensure
preservation of native breed of buffalos as also their safety, security and wellbeing.
(g) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition
and culture and ensure preservation of native breed of cattle as also their safety, security and
wellbeing.”
Maharashtra
Amendment of section 11 of 59 of 1960.―In section 11 of the principal Act, in sub-section (3),
after clause (c), the following clause shall be inserted, namely:―
“(c-1) the conduct of bullock cart race in accordance with the provisions of sub-section (2) of
section 3 or participation therein with a view to follow and promote tradition and culture and ensure
preservation of native breeds of bulls as also their purity, safety, security and well being; or”.
12. Penalty for practising phooka or doom dev.―If any person performs upon any cow or other
milch animal the operation called phooka or 2[doom dev or any other operation (including injection of
any substance) to improve lactation which is injurious to the health of the animal] or permits such
operation being performed upon any such animal in his possession or under his control, he shall be
1. Subs. by Act 26 of 1982, s. 10, for “by other methods with a minimum of suffering” (w.e.f. 30-7-1982).
2. Subs. by s. 11, ibid., for “doom dev” (w.e.f. 30-7-1982).
11
punishable with fine which may extend to one thousand rupees, or with imprisonment for a term
which may extend to two years, or with both, and the animal on which the operation was performed
shall be forfeited to the Government.
13. Destruction of suffering animals.―(1) Where the owner of an animal is convicted of an
offence under section 11, it shall be lawful for the court, if the court is satisfied that it would be cruel
to keep the animal alive, to direct that the animal be destroyed and to assign the animal to any suitable
person for that purpose, and the person to whom such animal is so assigned shall, as soon as possible,
destroy such animal or cause such animal to be destroyed in his presence without unnecessary
suffering, and any reasonable expense incurred in destroying the animal may be ordered by the court
to be recovered from the owner as if it were a fine:
Provided that unless the owner assents thereto, no order shall be made under this section except
upon the evidence of a veterinary officer in charge of the area.
(2) When any magistrate, commissioner of police or district superintendent of police has reason to
believe that an offence under section 11 has been committed in respect of any animal, he may direct
the immediate destruction of the animal, if in his opinion, it would be cruel to keep the animal alive.
(3) Any police officer above the rank of a constable or any person authorised by the State
Government in this behalf who finds any animal so diseased or so severely injured or in such a
physical condition that in his opinion it cannot be removed without cruelty, may, if the owner is
absent or refuses his consent to the destruction of the animal, forthwith summon the veterinary officer
in charge of the area in which the animal is found, and if the veterinary office certifies that the animal
is mortally injured or so severely injured or in such a physical condition that it would be cruel to keep
it alive, the police officer or the person authorised, as the case may be may, after obtaining orders
from a magistrate, destroy the animal injured or cause it to be destroyed 1[in such manner as may be
prescribed].
(4) No appeal shall lie from any order of a magistrate for the destruction of an animal.
CHAPTER IV
EXPERIMENTATION ON ANIMALS
14. Experiments on animals.―Nothing contained in this Act shall render unlawful the
performance of experiments (including experiments involving operations) on animals for the purpose
of advancement by new discovery of physiological knowledge or of knowledge which will be useful
for saving or for prolonging life or alleviating suffering or for combating any disease, whether of
human beings, animals or plants.
15. Committee for control and supervision of experiments on animals.―(1) If at any time, on
the advice of the Board, the Central Government is of opinion that it is necessary so to do for the
purpose of controlling and supervising experiments on animals, it may, by notification in the Official
Gazette, constitute a Committee consisting of such number of officials and non-officials, as it may
think fit to appoint thereto.
(2) The Central Government shall nominate one of the members of the Committee to be its
Chairman.
1. Ins. by Act 26 of 1982, s.12 (w.e.f. 30-7-1982).

12
(3) The Committee shall have power to regulate its own procedure in relation to the performance
of its duties.
(4) The funds of the Committee shall consist of grants made to it from time to time by the
Government and of contributions, donations, subscriptions, bequests, gifts and the like made to it by
any person.
1
[15A. Sub-committees.―(1) The Committee may constitute as many sub-committees as it
thinks fit for exercising any power or discharging any duty of the Committee or for inquiring into or
reporting and advising on any matter which the Committee may refer.
(2) A sub-committee shall consist exclusively of the members of the Committee.]
16. Staff of the Committee.―Subject to the control of the Central Government, the Committee
may appoint such number of officers and other employees as may be necessary to enable it to exercise
its powers and perform its duties, and may determine the remuneration and other terms and conditions
of service of such officers and other employees.
17. Duties of the Committee and power of the Committee to make rules relating to
experiments on animals.―(1) It shall be the duty of the Committee to take all such measures as may
be necessary to ensure that animals are not subjected to unnecessary pain or suffering before, during
or after the performance of experiments on them, and for that purpose it may, by notification in the
Gazette of India and subject to the condition of previous publication, make such rules as it may think
fit in relation to the conduct of such experiments.
2
[(1A) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for the following matters, namely:―
(a) the registration of persons or institutions carrying on experiments on animals;
(b) the reports and other information which shall be forwarded to the Committee by persons
and institutions carrying on experiments on animals.]
(2) In particular, and without prejudice to the generality of the foregoing power, rules made by the
Committee shall be designed to secure the following objects, namely:―
(a) that in cases where experiments are performed in any institution, the responsibility
therefor is placed on the person in charge of the institution and that, in cases where experiments
are performed outside an institution by individuals, the individuals are qualified in that behalf and
the experiments are performed on their full responsibility;
(b) that experiments are performed with due care and humanity, and that as far as possible
experiments involving operations are performed under the influence of some anaesthetic of
sufficient power to prevent the animals feeling pain;
(c) that animals which, in the course of experiments under the influence of anesthetics, are so
injured that their recovery would involve serious suffering, are ordinarily destroyed while still
insensible;
(d) that experiments on animals are avoided wherever it is possible to do so; as for example,
in medical schools, hospitals, colleges and the like, if other teaching devices such as books,
models, films and the like may equally suffice;
1. Ins. by Act 26 of 1982, s. 13 (w.e.f. 30-7-1982).

2. Ins. by s. 14, ibid. (w.e.f. 30-7-1982).
13
(e) that experiments on larger animals are avoided when it is possible to achieve the same
results by experiments upon small laboratory animals like guinea-pigs, rabbits, frogs and rats;
(f) that, as far as possible, experiments are not performed merely for the purpose of acquiring
manual skill;
(g) that animals intended for the performance of experiments are properly looked after both
before and after experiments;
(h) that suitable records are maintained with respect to experiments performed on animals.
(3) In making any rules under this section, the Committee shall be guided by such directions as
the Central Government (consistently with the objects for which the Committee is set up) may give to
it, and the Central Government is hereby authorised to give such directions.
(4) All rules made by the Committee shall be binding on all individuals performing experiments
outside institutions and on persons in charge of institutions in which experiments are performed.
18. Power of entry and inspection.―For the purpose of ensuring that the rules made by it are
being complied with, the Committee may authorise any of its officers or any other person in writing to
inspect any institution or place where experiments are being carried on and report to it as a result of
such inspection, and any officer or person so authorised may―
(a) enter at any time considered reasonable by him and inspect any institution or place in
which experiments on animals are being carried on; and
(b) require any person to produce any record kept by him with respect to experiments on
animals.
19. Power to prohibit experiments on animals.―If the Committee is satisfied, on the report of
any officer or other person made to it as a result of any inspection under section 18 or otherwise, that
the rules made by it under section 17 are not being complied with by any person or institution
carrying on experiments on animals, the Committee may, after giving an opportunity to the person or
institution of being heard in the matter, by order, prohibit the person or institution from carrying on
any such experiments either for a specified period or indefinitely, or may allow the person or
institution to carry on such experiments subject to such special conditions as the Committee may think
fit to impose.
20. Penalties.―If any person―
(a) contravenes any order made by the Committee under section 19; or
(b) commits a breach of any condition imposed by the Committee under that section;
he shall be punishable with fine which may extend to two hundred rupees, and, when the
contravention or breach of condition has taken place in any institution, the person in charge of the
institution shall be deemed to be guilty of the offence and shall be punishable accordingly.
14
CHAPTER V
PERFORMING ANIMALS
21. “Exhibit” and “train” defined.―In this Chapter, “exhibit” means exhibit at any
entertainment to which the public are admitted through sale of tickets and “train” means train for the
purpose of any such exhibition, and the expressions “exhibitor” and “trainer” have respectively the
corresponding meanings.
22. Restriction on exhibition and training of performing animals.―No person shall exhibit or
train―
(i) any performing animal unless he is registered in accordance with the provisions of this
Chapter;
(ii) as a performing animal, any animal which the Central Government may, by notification in
the Official Gazette, specify as an animal which shall not be exhibited or trained as a performing
animal.
STATE AMENDMENTS
Karnataka
Amendment of section 22.―In section 22 of the principal Act, at the end, the following proviso
shall be inserted, namely:―
“Provided that nothing contained in this section shall apply to conduct of “Kambala” or “Bulls
race or Bullock cart race” as the case may be.”
Maharashtra
Amendment of section 22 of 59 of 1960.―In section 22 of the principal Act, the following
proviso shall be added, namely:―
“Provided that, nothing contained in this section shall apply to the conduct of bullock cart race in
accordance with the provisions of sub-section (2) of section 3.”.
23. Procedure for registration.―(1) Every person desirous of exhibiting or training any
performing animal shall, on making an application in the prescribed form to the prescribed authority
and on payment of the prescribed fee, be registered under this Act unless he is a person who, by
reason of an order made by the court under this Chapter, is not entitled to be so registered.
(2) An application for registration under this Chapter shall contain such particulars as to the
animals and as to the general nature of the performances in which the animals are to be exhibited or
for which they are to be trained as may be prescribed, and the particulars so given shall be entered in
the register maintained by the prescribed authority.
(3) The prescribed authority shall give to every person whose name appears on the register kept
by them, a certificate of registration in the prescribed form containing the particulars entered in the
register.
15
(4) Every register kept under this Chapter shall at all reasonable times be open for inspection on
payment of the prescribed fee, and any person shall, on payment of the prescribed fee, be entitled to
obtain copies thereof or make extracts therefrom.
(5) Any person whose name is entered in the register shall, subject to the provisions of any order
made under this Act by any court, be entitled, on making an application for the purpose, to have the
particulars entered in the register with respect to him varied, and where any such particulars are so
varied, the existing certificate shall be cancelled and a new certificate issued.
24. Power of court to prohibit or restrict exhibition and training of performing
animals.―(1) Where it is proved to the satisfaction of any magistrate on a complaint made by a
police officer or an officer authorised in writing by the prescribed authority referred to in section 23,
that the training or exhibition of any performing animal has been accompanied by unnecessary pain or
suffering and should be prohibited or allowed only subject to conditions, the court may make an order
against the person in respect of whom the complaint is made, prohibiting the training or exhibition or
imposing such conditions in relation thereto, as may be specified by the order.
(2) Any court by which an order is made under this section shall cause a copy of the order to be
sent, as soon as may be after the order is made, to the prescribed authority by which the person against
whom the order is made is registered, and shall cause the particulars of the order to be endorsed upon
the certificate held by that person, and that person shall produce his certificate on being so required by
the court for the purposes of endorsement, and the prescribed authority to which a copy of an order is
sent under this section shall enter the particulars of the order in that register.
25. Power to enter premises.―(1) Any person authorised in writing by the prescribed authority
referred to in section 23 and any police officer not below the rank of a sub-inspector may―
(a) enter at all reasonable times and inspect any premises in which any performing animals
are being trained or exhibited or kept for training or exhibition, and any such animals found
therein; and
(b) require any person who, he has reason to believe, is a trainer or exhibitor of performing
animals to produce his certificate of registration.
(2) No person or police officer referred to in sub-section (1) shall be entitled under this section to
go on or behind the stage during a public performance of performing animals.
26. Offences.―If any person―
(a) not being registered under this Chapter, exhibits or trains any performing animal; or
(b) being registered under this Act, exhibits or trains any performing animal with respect to
which, or in a manner with respect to which, he is not registered; or
(c) exhibits or trains as a performing animal, any animal which is not to be used for the
purpose by reason of a notification issued under clause (ii) of section 22; or
(d) obstructs or wilfully delays any person or police officer referred to in section 25 in the
exercise of powers under this Act as to entry and inspection; or
(e) conceals any animal with a view to avoiding such inspection; or
(f) being a person registered under this Act, on being duly required in pursuance of this Act to
produce his certificate under this Act, fails without reasonable excuse so to do; or
16
(g) applies to be registered under this Act when not entitled to be so registered;
he shall be punishable on conviction with fine which may extend to five hundred rupees, or with
imprisonment which may extend to three months, or with both.
27. Exemptions.―Nothing contained in this Chapter shall apply to―
(a) the training of animals for bona fide military or police purposes or the exhibition of any
animals so trained; or
(b) any animals kept in any zoological garden or by any society or association which has for
its principal object the exhibition of animals for educational or scientific purposes.
STATE AMENDMENTS
Karnataka
Amendment of section 27.―In section 27 of the principal Act, after clause (b), the following
shall be inserted, namely:―
“(c)” the conduct of “Kambala” with a view to follow and promote tradition and culture and
ensure survival and continuance of native breeds of buffaloes.
(d) the conduct of “Bulls race or Bullock cart race” with a view to follow and promote tradition
and culture and ensure survival and continuance of native breeds of cattle.”
Maharashtra
Amendment of section 27 of 59 of 1960.―In section 27 of the principal Act, after clause (a), the
following clause shall be inserted, namely:―
“(a-1) the conduct of bullock cart race in accordance with the provisions of sub-section (2) of
section 3, with a view to follow and promote tradition and culture and ensure survival and
continuance of native breeds of bulls; or”.
CHAPTER VI
MISCELLANEOUS
28. Saving as respects manner of killing prescribed by religion.―Nothing contained in this
Act shall render it an offence to kill any animal in a manner required by the religion of any
community.
STATE AMENDMENTS
Karnataka
Insertion of new section 28A.―After section 28 of the principal Act, the following shall be
inserted, namely:―
“28A. Savings in respect of “Kambala” or “Bulls race or Bullock cart race”.―Nothing
contained in this Act, shall apply to “Kambala” or “Bulls race or Bullock cart race” conducted to
17
follow and promote tradition and culture and such conduct of “Kambala” or “Bulls race or Bullock
cart race” shall not be an offence under this Act.”
Maharashtra
Insertion of section 28A in 59 of 1960.―After section 28 of the principal Act, the following
section shall be inserted, namely:―
“28A. Saving in respect of bullock cart race.―Nothing contained in this Act shall apply to the
bullock cart race conducted in accordance with the provisions or sub-section (2) of section 3 to follow
and promote tradition and culture and such conduct shall not be an offence under this Act.”.
29. Power of court to deprive person convicted of ownership of animal.―(1) If the owner of
any animal is found guilty of any offence under this Act, the court, upon his conviction thereof, may,
if it thinks fit, in addition to any other punishment, make an order that the animal with respect to
which the offence was committed shall be forfeited to Government and may, further, make such order
as to the disposal of the animal as it thinks fit under the circumstances.
(2) No order under sub-section (1) shall be made unless it is shown by evidence as to a previous
conviction under this Act or as to the character of the owner or otherwise as to the treatment of the
animal that the animal, it left with the owner, is likely to be exposed to further cruelty.
(3) Without prejudice to the provisions contained in sub-section (1), the court may also order that
a person convicted of an offence under this Act shall, either permanently or during such period as is
fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever, or, as
the court thinks fit, of any animal of any kind or species specified in the order.
(4) No order under sub-section (3) shall be made unless―
(a) it is shown by evidence as to a previous conviction or as to the character of the said person
or otherwise as to the treatment of the animal in relation to which he has been convicted that an
animal in the custody of the said person is likely to be exposed to cruelty;
(b) it is stated in the complaint upon which the conviction was made that it is the intention of
the complainant upon the conviction of the accused to request that an order be made as aforesaid;
and
(c) the offence for which the conviction was made was committed in an area in which under
the law for the time being in force a licence is necessary for the keeping of any such animal as
that in respect of which the conviction was made.
(5) Notwithstanding anything to the contrary contained in any law for the time being in force, any
person in respect of whom an order is made under sub-section (3) shall have no right to the custody of
any animal contrary to the provisions of the order, and if he contravenes the provisions of any order,
he shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a
term which may extend to three months, or with both.
(6) Any court which has made an order under sub-section (3) may at any time, either on its own
motion or on application made to it in this behalf, rescind or modify such order.
18
30. Presumption as to guilt in certain cases.―If any person is charged with the offence of
killing a goat, cow or its progeny contrary to the provisions of clause (l) of sub-section (1) of
section 11, and it is proved that such person had in his possession, at the time the offence is alleged to
have been committed, the skin of any such animal as is referred to in this section with any part of the
skin of the head attached thereto, it shall be presumed until the contrary is proved that such animal
was killed in a cruel manner.
31. Cognizability of offences.―Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (5 of 1898), an offence punishable under clause (l), clause (n) or clause (o) of
sub-section (1) of section 11 or under section 12 shall be a cognizable offence within the meaning of
that Code.
32. Power of search and seizure.―(1) If a police officer not below the rank of sub-inspector or
any person authorised by the State Government in this behalf has reason to believe that an offence
under clause (l) of sub-section (1) of section 11 in respect of any such animal as is referred to in
section 30 is being, or is about to be, or has been, committed in any place, or that any person has in
his possession the skin of any such animal with any part of the skin of the head attached thereto, he
may enter and search such place or any place in which he has reason to believe any such skin to be,
and may seize such skin or any article or thing used or intended to be used in the commission of such
offence.
(2) If a police officer not below the rank of sub-inspector, or any person authorised by the State
Government in this behalf, has reason to believe that phooka or 1[doom dev or any other operation of
the nature referred to in section 12] has just been, or is being, performed on any animal within the
limits of his jurisdiction, he may enter any place in which he has reason to believe such animal to be,
and may seize the animal and produce it for examination by the veterinary officer in charge of the area
in which the animal is seized.
33. Search warrants.―(1) If a magistrate of the first or second class or a presidency magistrate
or a sub-divisional magistrate or a commissioner of police or district superintendent of police, upon
information in writing, and after such inquiry as he thinks necessary, has reason to believe that an
offence under this Act is being, or is about to be, or has been committed in any place, he may either
himself enter and search or by his warrant authorise any police officer not below the rank of
sub-inspector to enter and search the place.
(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), relating to searches shall,
so far as those provisions can be made applicable, apply to searches under this Act.
34. General power of seizure for examination.―Any police officer above the rank of a
constable or any person authorised by the State Government in this behalf, who has reason to believe
that an offence against this Act has been or is being, committed in respect of any animal, may, if in his
opinion the circumstances so require, seize the animal and produce the same for examination by the
nearest magistrate or by such veterinary officer as may be prescribed, and such police officer or
authorised person may, when seizing the animal, require the person in charge thereof to accompany it
to the place of examination.
35. Treatment and care of animals.―(1) The State Government may, by general or special
order, appoint infirmaries for the treatment and care of animals in respect of which offences against
1. Subs. by Act 26 of 1982, s.15, for “doom dev” (w.e.f. 30-7-1982).
19
this Act have been committed, and may authorise the detention therein of any animal pending its
production before a magistrate.
(2) The magistrate before whom a prosecution for an offence against this Act has been instituted
may direct that the animal concerned shall be treated and cared for in an infirmary, until it is fit to
perform its usual work or is otherwise fit for discharge, or that it shall be sent to a pinjrapole, or, if the
veterinary officer in charge of the area in which the animal is found or such other veterinary officer as
may be authorised in this behalf by rules made under this Act certifies that it is incurable or cannot be
removed without cruelty, that it shall be destroyed.
(3) An animal sent for care and treatment to an infirmary shall not, unless the magistrate directs
that it shall be sent to a pinjrapole or that it shall be destroyed, be released from such place except
upon a certificate of its fitness for discharge issued by the veterinary officer in charge of the area in
which the infirmary is situated or such other veterinary officer as may be authorised in this behalf by
rules made under this Act.
(4) The cost of transporting the animal to an infirmary or pinjrapole, and of its maintenance and
treatment in an infirmary, shall be payable by the owner of the animal in accordance with a scale of
rates to be prescribed by the district magistrate, or, in presidency-towns, by the commissioner of
police:
Provided that when the magistrate so orders on account of the poverty of the owner of the animal
no charge shall be payable for the treatment of the animal.
(5) Any amount, payable by an owner of an animal under sub-section (4) may be recovered in the
same manner as an arrear of land revenue.
(6) If the owner refuses or neglects to remove the animal within such time as a magistrate may
specify, the magistrate may direct that the animal be sold and that the proceeds of the sale be applied
to the payment of such cost.
(7) The surplus, if any, of the proceeds of such sale shall, on application made by the owner
within two months from the date of the sale, be paid to him.
36. Limitation of prosecutions.―A prosecution for an offence against this Act shall not be
instituted after the expiration of three months from the date of the commission of the offence.
37. Delegation of powers.―The Central Government may, by notification in the Official
Gazette, direct that all or any of the powers exercisable by it under this Act, may, subject to such
conditions as it may think fit to impose, be also exercisable by any State Government.
38. Power to make rules.―(1) The Central Government may, by notification in the Official
Gazette, and subject to the condition of previous publication, make rules to carry out the purposes of
this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, the Central
Government may make rules providing for all or any of the following matters, namely:―
(a) the 1*** conditions of service of members of the Board, the allowances payable to them
and the manner in which they may exercise their powers and discharge their functions;
2
[(aa) the manner in which the persons to represent municipal corporations are to be elected
under clause (e) of sub-section (1) of section 5;]
1. The words “terms and” omitted by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).
2. Ins. by s.16, ibid. (w.e.f. 30-7-1982).
20
(b) the maximum load (including any load occasioned by the weight of passengers) to be
carried or drawn by any animal;
(c) the conditions to be observed for preventing the over-crowding of animal;
(d) the period during which, and the hours between which, any class of animals shall not be
used for draught purposes;
(e) prohibiting the use of any bit or harness involving cruelty to animals;
1
[(ea) the other methods of destruction of stray dogs referred to in clause (b) of
(eb) the methods by which any animal which cannot be removed without cruelty may be
destroyed under sub-section (3) of section 13;]
(f) requiring persons carrying on the business of a farrier to be licensed and registered by such
authority as may be prescribed and levying a fee for the purpose;
(g) the precautions to be taken in the capture of animals for purposes of sale, export or for any
other purpose, and the different appliances or devices that may alone be used for the purpose; and
the licensing of such capture and the levying of fees for such licences;
(h) the precautions to be taken in the transport of animals, whether by rail, road, inland
waterway, sea or air and the manner in which and the cages or other receptacles in which they
may be so transported.
(i) requiring persons owning or in charge of premises in which animals are kept or milked to
register such premises, to comply with such conditions as may be laid down in relation to the
boundary walls or surroundings of such premises, to permit their inspection for the purpose of
ascertaining whether any offence under this Act is being, or has been, committed therein, and to
expose in such premises copies of section 12 in a language or languages commonly understood in
the locality;
(j) the form in which applications for registration under Chapter V may be made, the
particulars to be contained therein, the fees payable for such registration and the authorities to
whom such applications may be made;
1
[(ja) the fees which may be charged by the Committee constituted under section 15 for the
registration of persons or institutions carrying on experiments on animals or for any other
purpose;]
(k) the purposes to which fines realised under this Act may be applied, including such
purposes as the maintenance of infirmaries, pinjrapoles and veterinary hospitals;
(l) any other matter which has to be, or may be, prescribed.
(3) If any person contravenes, or abets the contravention of, any rules made under this section, he
shall be punishable with fine which may extend to one hundred rupees, or with imprisonment for a
term which may extend to three months, or with both.
2
* * * * *
3
[38A. Rules and regulations to be laid before Parliament.―Every rule made by the Central
Government or by the Committee constituted under section 15 and every regulation made by the
Board shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in
1. Ins. by Act 26 of 1982, s.16 (w.e.f. 30-7-1982).

2. Sub-section (4) omitted by s.16, ibid. (w.e.f. 30-7-1982).
3. Ins. by s. 17, ibid. (w.e.f. 30-7-1982).
21
session, for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation
as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be
made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment, shall be without prejudice
to the validity of anything previously done under that rule or regulation.]
STATE AMENDMENTS
Maharashtra
Insertion of section 38B in 59 of 1960.―After section 38A of the principal Act, the following
section shall be inserted, namely:―
“38B. Power of State Government to make rules.―(1) The State Government may, subject to
the condition of previous publication, by notification in the Official Gazette, make the rules, not
inconsistent with the rules made by the Central Government, if any, for carrying into effect the
provisions of sub-section (2) of section 3 of the Act.
(2) Every rule made under this section shall be laid, as soon as may be, after it is made, before
each House of the State Legislature, while it is in session for a total period of thirty days, which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both Houses agree in making any
modification in rule or both Houses agree that the rule should not be made, and notify such decision in
the Official Gazette, the rule shall, from the date of publication of such notification , have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done or omitted to be
done under that rule.”.
39. Persons authorised under section 34 to be public servants.―Every person authorised by
the State Government under section 34 shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code (45 of 1860).
40. Indemnity.―No suit, prosecution or other legal proceeding shall lie against any person who
is, or who is deemed to be, a public servant within the meaning of section 21 of the Indian Penal Code
(45 of 1860) respect of anything in good faith done or intended to be done under this Act.
41. Repeal of Act 11 of 1890.―Where in pursuance of a notification under sub-section (3) of
section 1 any provision of this Act comes into force in any State, any provision of the Prevention of
Cruelty to Animals Act, 1890 (11 of 1890), which corresponds to the provision so coming into force,
shall thereupon stand repealed.
22

Complaint For FIR Against Functionaries of Ahmedabad Cantonment Board For The Breaching of Public Trust

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Complaint For FIR Against Functionaries of Ahmedabad Cantonment Board For The Breaching of Public Trust

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1

To, PRSEC-E-2023-0022137 on 9-6-2023

1. I am a senior citizen of India, performing my fundamental duties, without

recommendations of Screening Committee of AWBI.

Legal obligations of a public servants, as onwards 1-7-2004 till date:

2. CHAPTER X - Section 41: Constitutions of Biodiversity Management

(3) The exercise or discharge of any powers, duties or functions delegated

DOAHD/E/2023/0000384: MOEAF/E/2023/0001356: GOVGJ/E/2023/0009607

BEFORE THE NATIONAL GREEN TRIBUNAL

Original Application No. 347/2016

(With reports dated 14.09.2020 & 14.12.2020)

Chandra Bhal Singh Applicant

Union of India & Ors. Respondent(s)

Date of hearing: 16.12.2020

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

Applicant: Mr. Saurabh Sharma, Advocate

Respondent: Mr. J. Justin Mohan, Secretary, NBA

1. The issue for consideration is the remedial action for non-

compliance of provisions of the Biological Diversity Act, 2002 and

Management Committees (BMCs) as per Section 41 of the Act and

maintaining Peoples Bio Diversity Registers (PBRs) as required under

2. The Act was enacted to provide for conservation of biological

diversity, sustainable use of its components and fair and equitable

sharing of the benefits and for matters connected therewith or incidental

thereto with a view to give effect to the United Nations Convention on

seeks to regulate access to biological resources and fair and equitable

sharing of benefits arising out of utilization of biological resources by

constituting National Biodiversity Authority (NBA) to advice the Central

Government and the State Governments on steps towards conservation

of biodiversity, sustainable use of its components, equitable sharing of

establishment of State Biodiversity Boards to advice the State

Government on the subject. The Central Government has to develop

national strategies, plans and programmes for conservation and

promotion and sustainable use of biodiversity. At local level, every local

BMC is to prepare PBRs containing comprehensive information on

availability and knowledge of local biological resources, their medicinal or

3. This Tribunal issued notices to all the States and Union

Territories, Boards and Authorities. The matter has been considered on

4. Vide order dated 12.04.2019, noticing huge gap in constitution of

be completed within three months and a report filed by MoEF&CC. The

States which remained non-compliant were asked to furnish their

5. The matter was thereafter considered on 09.08.2019 in the light of

the report of MoEF&CC dated 02.08.2019. The Tribunal observed:-

“ 5. A report dated 02.08.2019 has been filed by the MoEF&CC to

6. Having regard to the laudable objective to meet the necessity

7. We regretfully note that the matter on PBR progress noted is

8. This inadequate progress is in spite of repeated directions of

9. India is one of the recognized mega-diverse countries of

11. In above background, having considered the submissions

(i) The Chief Secretaries of all the States, where the

(ii) The States will be accountable for the defaults and

(iii) The MoEF&CC and National Biodiversity Authority

(iv) The MoEF&CC may file a compliance report after

6. The matter was thereafter reviewed on 18.03.2020 in light of final

report filed by the National Biodiversity Authority (NBA), Chennai giving

the status of formation of BMCs and preparation of PBRs as on

payment of compensation for the delay and compliances resulting in

damage to the environment. The applications for seeking extension of

further compliances. The updated status report was required to be filed.

7. The operative part of the order dated 18.03.2020 is reproduced

“6. Accordingly, a final report has been filed by the National

As on 26/07/2016 As on 31/07/2020 As on 31/01/2020