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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

A State Government in its notification fixes the composition of a Biodiversity Management Committee at five members to keep it compact. Under the Act as amended in 2023, is this valid?

The prescription is not valid. The State Government prescribes the composition of a Biodiversity Management Committee, but the number of members must be not less than seven and not exceeding eleven. A five-member committee falls below the statutory minimum under section 41(1B).

  1. AValid, since the State Government may prescribe any number of members
  2. BNot valid, since membership must be not less than seven and not exceeding elevenCorrect
  3. CNot valid, since membership must be exactly nine
  4. DValid, provided the National Biodiversity Authority approves the figure

Explanation

Section 41(1B) leaves the composition to the State Government but provides that the number of members shall not be less than seven and not exceeding eleven. Five is below the minimum, so the prescription fails. The Act does not fix exactly nine, and no approval route can lower the minimum.

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