Section 23 in The Biological Diversity Rules, 2004
23. Appeal for settlement of disputes under section 50
.-(1) If a dispute arises between the Authority or a State Biodiversity Board or between one Board and other Board(s) on account of implementation of any order or direction or on any issue of policy decision, either of the aggrieved parties, i.e. , Authority or the Board, as the case may be, prefer an appeal to the Central Government under section 50, in Form V to the Secretary, Ministry of Environment and Forests, Government of India.(2)In case the dispute arises between a State Biodiversity Board and another State Biodiversity Board or Boards, the aggrieved Board or Boards, shall prefer the point or points of dispute to the Central Government which shall refer the same to the Authority.(3)The memorandum of appeal shall state the facts of the case, the grounds relied upon by the appellant, for preferring the appeal and the relief sought for.(4)The memorandum of appeal shall be accompanied by an authenticated copy of the order, direction or policy decision, as the case may be, by which the appellant is aggrieved and shall be duly signed by the authorised representative of the appellant.(5)The memorandum of appeal shall be submitted in quadruplicate, either in person or through a registered post with acknowledgement due, within 30 days from the date of the orders, direction or policy decision, impugned provided that if the Central Government is satisfied that there was good and sufficient reason for the delay in preferring the appeal, it may, for reason to be recorded in writing, allow the appeal to be preferred after the expiry of the aforesaid period of 30 days but before the expiry of 45 days from the date of the orders impugned, direction or policy decision, as the case may be.(6)The notice for hearing of the appeal shall be given in Form VI by a registered post with an acknowledgement due.(7)The Central Government shall, after hearing the appellant and the other parties, dispose of the appeal.(8)In disposing of an appeal it may vary or modify or cancel impugned order, direction or policy, as the case may be.(9)In adjudicating a dispute, the Authority shall be guided by the principles of natural justice and as far as practicable, follow the same procedure which the Central Government is required to follow under this rule.
