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Section55A
The Biological Diversity Act, 2002

Adjudication of penalties

In force From 01 Oct 2003 Act 18 of 2003 As on 16 Oct 2026

Act 18 of 2003 Ministry Environment, Forest and Climate Change Enacted 05 Feb 2003 In force 01 Oct 2003 Cited by 2 provisions

Section 55A of the Biological Diversity Act, 2002 deals with adjudication of penalties. For the purposes of determining the penalties under section 55, the Central Government may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold inquiry in the prescribed manner and to impose The Act came into force on 01 Oct 2003.

1[55A. Adjudication of penalties.--(1) For the purposes of determining the penalties under section 55, the Central Government may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold inquiry in the prescribed manner and to impose the penalty so determined:

Provided that the Central Government may appoint as many adjudicating officers as may be required.

(2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person concerned has failed to comply with the provisions of section 3 or section 4 or section 6 or section 7, he may impose such penalty as he thinks fit in accordance with the provisions of section 55:

Provided that no such penalty shall be imposed without giving the person concerned an opportunity of being heard in the matter.

(3) Any person aggrieved by the order made by the adjudicating officer under sub-section (2) may prefer an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010 (19 of 2010).

(4) Every appeal under sub-section (3) shall be filed within sixty days from the date on which the copy of the order made by the adjudicating officer is received by the aggrieved person.

(5) The National Green Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order as it thinks fit, confirming, modifying or setting aside the order appealed against.

Section 55A, The Biological Diversity Act, 2002 (Act 18 of 2003).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 3 Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
  2. s. 4 Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
  3. s. 6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority
  4. s. 7 Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes
  5. s. 55 Penalties
  6. National Green Tribunal Act s. 3 Establishment of Tribunal

Referred to by 2

  1. s. 55 Penalties
  2. s. 62 Power of Central Government to make rules

Questions about Section 55A

What does Section 55A of the Biological Diversity Act deal with?

Section 55A of the Biological Diversity Act is headed "Adjudication of penalties". [55A. Adjudication of penalties.--(1) For the purposes of determining the penalties under section 55, the Central Government may appoint an officer not below the rank of Joint Secretary to the Government of India or a Secretary to the State Government to be the adjudicating officer, to hold inquiry

How do I find court cases under Section 55A of the Biological Diversity Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Biological Diversity Act 55A, section 55A Biological Diversity Act, section 55A of the Biological Diversity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 55A of the Biological Diversity Act, and has it changed?

Its own text turns on section 3 (Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority), section 4 (Results of research not to be transferred to certain persons without approval of National Biodiversity Authority), section 6 (Application for intellectual property rights not to be made without approval of National Biodiversity Authority), section 7 (Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes), and on 2 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.

When did Section 55A of the Biological Diversity Act come into force?

Section 55A of the Biological Diversity Act, cited as Biological Diversity Act 55A, came into force on 01 Oct 2003, having been enacted on 05 Feb 2003. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.