CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity
After Rajasthan notifies a biodiversity heritage site, villagers who grazed cattle there lose their livelihood. Under Section 37 of the Biological Diversity Act, 2002, what is the State Government's obligation?
The State Government must frame schemes for compensating or rehabilitating any person or section of people economically affected by the heritage site notification. This duty under Section 37(3) is mandatory, rests on the State Government, and does not depend on any Central Government direction.
- AFrame schemes for compensating or rehabilitating any person or section of people economically affected by the notificationCorrect
- BNo obligation, as notification never affects livelihoods
- CRefer claims to the National Biodiversity Authority, which must pay from its own funds
- DPay compensation only if the Central Government directs it
Explanation
Section 37(3) provides that the State Government shall frame schemes for compensating or rehabilitating persons or sections of people economically affected by the notification. The duty is mandatory and lies on the State, not the Authority.
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