Sections 48 to 54: Directions, Disputes, Appeals and Execution

In one line

The Government can tell the Authority what its policy is, the Authority can settle a fight between two States, and everybody can appeal to the National Green Tribunal.

In exam wording: sections 48 and 49 of the Biological Diversity Act 2002 bind the National Biodiversity Authority and the State Biodiversity Boards by directions on questions of policy given in writing by the Central and State Governments respectively, after as far as practicable an opportunity to express their views, the Government's decision whether a question is one of policy being final; section 50 provides for settlement of disputes, by appeal to the Central Government where the Authority and a Board disagree, and by reference to the Authority where two Boards disagree, the Authority having the powers of a civil court and its proceedings being judicial proceedings; section 51 deems the members, officers and employees to be public servants; section 52A provides an appeal to the National Green Tribunal against any determination of benefit sharing or order of the Authority or a Board; section 53 makes such a determination or order executable as a decree of a civil court; and section 54 protects action taken in good faith.

Sections 48 and 49: policy directions

The rule. The Authority is bound by directions on questions of policy given in writing by the Central Government from time to time. The Board is bound likewise by the State Government.

The safeguard. The Authority or the Board shall, as far as practicable, be given an opportunity to express its views before a direction is given.

The catch. The decision of the Government whether a question is one of policy or not is final. That is a standard formula in Indian regulatory statutes and it is the reason a challenge to a direction rarely succeeds on the ground that it is not policy.

Section 60 is separate and wider: the Central Government may give directions to any State Government as to the carrying into execution in the State of any provision of the Act or of any rule, regulation or order made under it.

Section 50: settlement of disputes

Authority against a Board. Either may appeal to the Central Government within the prescribed time and in the prescribed form; the procedure is prescribed by the Central Government; and before disposing of the appeal the parties must be given a reasonable opportunity of being heard.

Board against Board. The Central Government refers the dispute to the National Biodiversity Authority, which is guided by the principles of natural justice and follows the prescribed procedure.

What powers the Authority has for that purpose. The powers of a civil court under the Code of Civil Procedure 1908 in respect of summoning and enforcing attendance and examining on oath; requiring discovery and production of documents; receiving evidence on affidavits; issuing commissions for the examination of witnesses or documents; reviewing its decisions; dismissing an application for default or deciding it ex parte; setting aside such a dismissal or ex parte order; and any other prescribed matter.