as introduced in lok sabha bill no 24 of 2018 the protection of plants bill, 2018 by shri mullappally ramachandran, mp a billto provide for protection of plants in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the protection of plants act, 2018short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by2 in this act unless the context otherwise requires,—definitions(a) "collector" means the chief officer in charge of the revenue administration of a district or any other officer not below the rank of a deputy collector as may be appointed by the state government in this behalf;(b) "commencement of this act", in relation to—5(i) a state, means commencement of this act in that state;(ii) any provision of this act, means the commencement of that provision in the concerned state; (c) "director" means the person appointed as director of plant life preservation under clause (a) of sub-section (1) of section 3;10(d) "felling", with its grammatical variations and cognate expressions, includes,—(i) killing, cutting or mutilating of any plant and every attempt to do so;15(ii) injuring or destroying or removing any part of the plants;(iii) damaging the seeds, seedlings, saplings, branches, roots, leaves, bark or other part of the plant20(e) "garden" includes any place where plants are grown and maintained on land, water, terraces, pots or other containers or hanging from any supports, or in green houses whether in the form of formal and planned gardens or merely growing on space available;(f) "government property" means any property belonging to the government whether central or state or to any government or semi-government department;(g) "habitat" includes land, water or vegetation which is the natural home of any plant;25(h) "land" includes soil, canals, creeks, ponds and other water channels, reservoirs, rivers, streams and lakes, whether artificial or natural, marshes and wetlands and includes boulders, rocks, green houses, terraces and pots where plants are growing;(i) "license" means a license granted under this act;30(j) "national board" means the national board for plant life preservation constituted under section 5;(k) "national park" means an area declared under this act or to be declared as a national park;(l) "notification" means a notification published in the official gazette;35(m) "plants" includes trees, shrubs, creepers and all types of leafy plants that grow on land, in water or in earth's atmosphere including plant article their saplings, seedlings, seeds and other embryo form, if any;40(n) "plant article" means an article made from any part of a plant includingroot, leaf, stem, flower, fruit, gum, seed, bark and any object in which the whole or any part of such plant has been used;(o) "permit" means a permit granted under this act or any rule madethereunder;(p) "person" means any individual or legal person and includes a firm; (q) "prescribed" means prescribed by rules made under this act;45(r) "state board" means a state board for plant life preservation constituted under section 7;(s) "state government" in relation to a union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution;53 (1) the central government may, for the purposes of this act, appoint,—(a) a director of plant life preservation; and appointment of director and other officers(b) such other officers and employees as may be necessary10(2) in the performance of his duties and exercise of his powers by or under this act, the director shall be subject to such general or special directions, as the central government may, from time to time, give(3) the officers and other employees appointed under this section shall be required to assist the directorpower to delegate154 (1) the director may, with the previous approval of the central government, by order in writing, delegate all or any of his powers and duties under this act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order20(2) subject to any general or special direction given or condition imposed by the director, any person, authorized by the director to exercise any powers, may exercise those powers in the same manner and to the same effect as if they had conferred on that person directly by this act and not by way of delegation5 (1) the central government shall, within three months from the date of commencement of this act, constitute the national board for plant life preservation consisting of —constitution of the national board for plant life preservation(a) the union minister of agriculture and farmers welfare as chairperson;25(b) the union minister of environment, forests and climate change as vice-chairperson;(c) three members of parliament of whom two shall be from the house of the people and one from the council of states—members;30(d) member, planning commission in-charge of forests and wild life—members;(e) five persons to represent non-governmental organisations to be nominated by the central government—members;(f ) ten persons to be nominated by the central government amongst eminent conservationists, ecologists and environmentalists—members;35(g) the secretaries to the government of india, in-charge of the ministry or department of the central government dealing with agriculture, forests and wild life—members;(h) the secretary to the government of india, in-charge of the department of expenditure, ministry of finance—member;40(i) the secretary to the government of india, ministry of tribal welfare—member;(j) the director-general of forests in the ministry or department of thecentral government dealing with forests and wild life—member;45(k) the director-general, indian council for forestry research andeducation, dehradun—member;(l) the director, botanical survey of india—member;(m) the director, national institute of oceanography—member; (n) one representative each from ten states and union territories by rotation, to be nominated by the central government—member; and(o) the director of agriculture research who shall be the member—secretary of the national board5(2) the term of office of the members other than those who are members exofficio, the manner of filling vacancies referred to in clauses (e), (f) and (v) of subsection (1), and the procedure to be followed in the discharge of their functions by the members of the national board shall be such, as may be prescribed10(3) the members (except members ex-officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed(4) notwithstanding anything contained in any other law for the time being in force, the office of a member of the national board shall not be deemed to be an office of profit15functions of the national board6 (1) it shall be the duty of the national board to promote the preservation and development of plant life and forests, gardens, farms, parks or any place  where plant life exists, by such measures as it thinks fit(2) without prejudice to the generality of the foregoing provision, the  measures referred to therein may provide for —20(a) framing policies and advising the central government and the state governments on the ways and means of promoting plant life preservation and effectively controlling, felling and illegal trade of plants and their products;25(b) making recommendations on the setting up of the management of national parks, sanctuaries and other protected areas and on matters relating  to restriction of activities in those areas;(c)  carrying out or causing to be carried out impact assessment of various projects and activities on plant life or its habitat;30(d) reviewing from time to time, the progress in the field of plant life preservation in the country and suggesting measures for improvement life in the country;(e) preparing and publishing a status report at least once in two years on plant life in the country357 (1) the state government shall, within a period of six months from the date of commencement of this act, constitute a state board for plant life preservation consisting of the following members, namely:—constitution of state board for plant life preservation(a) the chief minister of the state and in case of the union territory, either chief minister or administrator, as the case may be—chairperson;(b) the minister of agriculture and minister of forests—vice chairpersons;40(c) three members of the state legislature or in the case of a union territory with legislature, two members of the legislative assembly of that union territory—members;(d) three person to represent non-governmental organisations dealing with plant life to be nominated by the state government—members;(e) ten persons to be nominated by the state government from amongst45eminent conservationists, ecologists and environmentalists including at least two representatives of the scheduled tribes and two agriculturists—members;(f ) the secretary to the state government or the government of the union territory, as the case may be, in-charge agriculture—member;5(g) the secretary to the state government, department of tribal welfare—member;(h) the secretary of health—member;(i) an officer of the state police department not below the rank of inspector—general-member;(j) a representative of the botanical survey of india—member;10(2) the term of office of the members other than those who are members ex-officio and the manner of filling vacancies referred to in clauses (d) and (e) of sub-section (1) and procedure to be followed shall be such, as may be prescribed15(3) the member (except members ex-officio) shall be entitled to receive such allowances in respect of expenses incurred in the performance of their duties as may be prescribed8 (1) the board shall meet atleast twice a year at such place as the state government may directprocedure to be followed by the board(2) the board shall regulate its own procedure (including the quorum)20(3) no act or proceeding of the board shall be invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof or any irregularity in the procedure of the board not affecting the merits of the case9 it shall be the duty of the state board to advise the state government,—duties of state board(a) in the selection and management of species of plants to be declared as protected;25(b) in formulation of the policy for protection and preservation of the plant life and specified plants;(c) in any matter relating to the amendment of any schedule;30(d) in relation to the measures to be taken for harmonizing the needs of the tribal people and farmers and others depending on farms and plants for their livelihood, with the protection and preservation of plant life; and(e) in any other matter connected with the protection of plant life which may be referred to it by the state governmentprohibition of felling plants10 no person shall fell, cut or maim any plant except as provided under rules made under this act35cultivation of specified plants without license prohibited11 (1) no person shall cultivate specified plants, which experts have declared to be dangerous to human life either by consumption or use or by mere proximity, except under and in accordance with a license granted by the district collector or any other officer authorized by the state government in this behalf40(2) the central government shall not permit the cultivation of specified plants declaredby experts to be dangerous to the eco-system or to human life(3) any person, establishment or company that finds plant in his property shall report the same to the district collector(4) the district collector shall maintain a record of the plants identified and/or reported to him under sub-section (2)4512 (1) every complaint for violation of provisions of sections 10 and 11 shall bemade to the district magistrate in such manner as may be prescribedcomplaints to be heard and decided bydistrict magistrate(2) the district magistrate shall upon receipt of complaint made under sub-section (1)dispose of the complaint in such manner as may be prescribed5offences punishable with fine13 (1) the district magistrate shall, upon hearing of complaint made undersub-section (1) of section 12 found the person against whom the complaint is made guilty ofoffence punishable under this act, impose a fine which may extend upto rupees ten thousand:provided that if the person against whom the complaint is made is a company orestablishment the amount of fine may extend upto rupees twenty five thousand"10power to make rules14 (1) the central government may, by notification in the official gazette, makerules for carrying out the purposes of this act15(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe protection of plants on the same lines as laws that protect rare animal and bird species is the need of the hour protection of commercial and medicinal plants many of which are being felled and destroyed in the name of urbanization, construction and industrialization requires immediate attention plants, like humans and animals, are living things it is plants that provide man and animals essential food, medicines and shelter, etc it is, therefore, absolutely essential that they be protectedthe survival of mankind depends on the survival of the plants and trees on earththe plants provide not only food, medicine, shade, spices and cover but above all it is the plants that provide oxygen which is essential for life without plants, the environment and human life on this earth cannot exist their presence is inevitable for clean air, food and water in this world plants also contribute to our economy people of many countries rely on plant products for their livelihood and income plants-people relationships is so much interlinked that we need them to survive hence the need is to protect plants from wanton destruction and fellingthe bill, therefore, seeks to provide for—(a) constitution of a national board and state boards for plant life preservation to frame policies and advise the central government and the state governments on the ways and means of promoting plant life preservation and effectively controlling felling and illegal trade of plants and their products;(b) prohibit felling of plants; (c) prohibit cultivation of specified plants without licensehence this billnew delhi;mullappally ramachandrandecember 4, 2017 financial memorandumclause 3 of the bill provides for the appointment of a director of plant life preservation and other officers and employees clause 5 provides for the constitution of the national board for plants life preservation to frame policy promoting plant life preservation and effectively controlling felling and illegal trade of plants and their products it also provides for appointment of representatives of non-governmental organizations, etc to the national board clause 7 provides for the constitution of the state board for plant life preservation the expenditure relating to states shall be borne from the consolidated fund of the state concerned whereas the expenditure in respect of the union territory shall be borne from the consolidated fund of india the bill, therefore, if enacted, will involve recurring expenditure of rupees three crore per annum from the consolidated fund of indiaa non-recurring expenditure to the tune of rupees five crore is also likely to be involved memorandum regarding delegated legislationclause 4 of the bill empowers the director of the national board for plants life to delegate all or any of his powers and duties under this act to any officer subordinate to him subject to such conditions, if any, as may be specified in the order clause 10 provides for rules for making prohibition on felling plants clause 14 empowers the central government to make rules for carrying out the purposes of this act as the delegation of powers shall relate to matters of details only, the delegation of legislative power is of normal character lok  sabha———— a billto provide for protection of plants in the country and for matters connected therewith or incidental thereto————(shri mullappally ramachandran, mp)mgipmrnd—3709ls—24012018