CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity
The Central Government believes a Western Ghats forest area rich in biological resources is being threatened by overuse and neglect by the concerned State. Under Section 36 as amended, what is the correct course of action by the Central Government?
The Central Government shall issue directives to the concerned State Government to take immediate ameliorative measures, offering technical and other assistance that is possible or needed. Section 36(2) provides this when an area rich in biodiversity is threatened by overuse, abuse or neglect.
- ATake over the administration of the area directly without involving the State
- BIssue directives to the concerned State Government to take immediate ameliorative measures, offering technical and other assistance possible or neededCorrect
- COnly recommend measures, since no directive can be issued to a State
- DRefer the matter to the State Government for action only if the State requests help
Explanation
Section 36(2) says that where the Centre has reason to believe such an area is threatened by overuse, abuse or neglect, it shall issue directives to the State to take immediate ameliorative measures, offering technical and other assistance. The Act does not allow direct takeover, nor does it make this depend on a State request.
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