LexThe BIOLOGICAL DIVERSITY ACT, 2002
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THE BIOLOGICAL DIVERSITY ACT, 2002
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
3. Certain persons not to undertake Bio diversity related activities without approval of National
Biodiversity Authority.
4. Results of research not to be transferred to certain person s without approval of National
Biodiversity Authority.
5. Certain provisions not to apply to certain collaborative research projects.
6. Application for intellectual property rights not to be made without approval of National
Biodiversity Authority.
7. Prior intimation to State Biodiversity Board for accessing biological resource for certain
purposes.
CHAPTER III
NATIONAL BIODIVERSITY AUTHORITY
8. Establishment of National Biodiversity Authority.
9. Conditions of service of Chairperson, members and Member-Secretary.
10. Chairperson to be Chief Executive of National Biodiversity Authority.
10A. Member Secretary.
11. Removal of members.
12. Meetings of National Biodiversity Authority.
13. Committees of National Biodiversity Authority.
14. Officers and employees of National Biodiversity Authority.
15. Authentication of orders and decisions of National Biodiversity Authority.
16. Delegation of powers.
17. Expenses of National Biodiversity Authority to be defraye d o ut of the C onsolidated Fund of
India.
CHAPTER IV
FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
18. Functions and powers of National Biodiversity Authority.
CHAPTER V
APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
19. Approval by National Biodiversity Authority for undertaking certain activities.
20. Transfer of results of research.
21. Determination of fair and equitable benefit sharing by National Biodiversity Authority.
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CHAPTER VI
STATE BIODIVERSITY BOARD
SECTIONS
22. Establishment of State Biodiversity Board.
23. Functions of State Biodiversity Board.
24. Power of State Biodiversity Board to restrict certain activities violating the o bjectives of
conservation, etc.
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
CHAPTER VII
FINANCE, ACCONTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
26. Grants or loans by the Central Government.
27. Constitution of National Biodiversity Fund.
28. Annual report of National Biodiversity Authority.
29. Budget, accounts and audit.
30. Annual report to be laid before Parliament.
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD
31. Grants of money by State Government to State Biodiversity Board.
32. Constitution of State Biodiversity Fund.
33. Annual report of State Biodiversity Board.
34. Audit of accounts of State Biodiversity Board.
35. Annual report of State Biodiversity Board to be laid before State Legislature.
CHAPTER IX
DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS
36. Central Government to develop national strategies and plans for conservation, promotion and
sustainable use of biological diversity.
36A. Measures to be taken by National Biodiversity Authority.
36B. State Government to develop strategies and plans for conservation and sustainable use of
biological diversity.
37. Biodiversity heritage sites.
38. Power of Central Government to notify threatened species.
39. Power of Central Government to designate repositories.
40. Provisions of this Act not to apply in certain cases.
CHAPTER X
BIODIVERSITY MANAGEMENT COMMITTEES
41. Constitutions of Biodiversity Management Committees.
CHAPTER XI
LOCAL BIODIVERSITY FUND
42. Grants to Local Biodiversity Fund.
43. Constitution of Local Biodiversity Fund.
44. Application of Local Biodiversity Fund.
45. Annual statement of Biodiversity Management Committees.
46. Audit of accounts of Biodiversity Management Committees.
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SECTIONS
47. Annual report, etc., of Biodiversity Management Committee to be submitted to District
Magistrate.
CHAPTER XII
MISCELLANEOUS
48. National Biodiversity Authority to be bound by the directions given by Central Government.
49. Power of State Government to give directions.
50. Settlement of disputes.
51. Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed
to be public servants.
52. Appeal.
52A. Appeal to National Green Tribunal.
53. Execution of determination or order.
54. Protection of action taken in good faith.
55. Penalties.
55A. Adjudication of penalties.
55B. Power to enter, inspect, survey, etc.
56. Penalty for contravention for directions or orders of Central Government, State Government,
National Biodiversity Authority and State Biodiversity Boards.
57. Offences by companies.
58. [Omitted.].
59. Act to have effect in addition to other Acts.
59A. Act not to apply to certain persons.
60. Power of Central Government to give directions to State Government.
61. Cognizance of offences.
62. Power of Central Government to make rules.
63. Power of State Government to make rules.
64. Power to make regulations.
65. Power to remove difficulties.
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THE BIOLOGICAL DIVERSITY ACT, 2002
ACT NO. 18 OF 2003
[5th February, 2003.]
An Act to provide for conservation of biological diversity, sustainable use of its components and
fair and equitable sharing of the benefits arising out of the use of biological resources,
knowledge and for matters connected therewith or incidental thereto.
WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge
system relating thereto.
AND WHEREAS India is a 1[Party] to the United Nations Convention on Biological Diversity signed at
Rio de Janeiro on the 5th day of June, 1992;
AND WHEREAS the said Convention came into force on the 29th December, 1993;
AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological
resources;
AND WHEREAS the said Convention has the main objective of conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of
genetic resources;
2[AND WHEREAS India is a Party to the Nagoya Protocol on access to genetic resources and the fair
and equitable sharing of benefits arising from their utilisation to the convention on Biological Diversity
which was adopted on the 29th October, 2010 in Nagoya, Japan;
AND WHEREAS it is considered necessary to provide for conservation, sustainable utilisation, fair and
equitable sharing of the benefits arising out of utilisation of biological resources and also to give effect to
the said Convention.]
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Sho rt title, extent and commencement .—(1) This Act may be called the Biological Diversity
Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date 3 as the Central Government may, by notification in the
Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference
in any such provision to the commencement of this Act shall be construed as a reference to the coming
into force of that provision.
2. Definitions.—In this Act, unless the context otherwise requires,—
4[(a) “access” means collecting, procuring or possessing any biological resource occurring in or
obtained from India or traditional knowledge associated thereto, for the purposes of research or
bio-survey or commercial utilisation;
1. Subs. by Act 10 of 2023, s. 2, for “party” (w.e.f. 1-4-2024).
2. Subs. by s. 2, ibid., for certain words (w.e.f. 1-4-2024).
3. 1st October, 2003 (Ss. 1, 2, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 48, 54, 59, 62, 63, 64, 65), vide notification No. S.O.
1146(E), dated 1st October, 2003, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
1st July, 2004 (Ss. 3, 4, 5, 6, 7, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 , 41,
42, 43, 44, 45, 46, 47, 49, 50, 51, 52, 53, 55, 56, 57, 58, 60, 61), vide notification No. S.O. 753(E), dated 1st July, 2004,
see Gazette of India, Extraordinary, Part II, sec. 3(ii).
4. Subs. by Act 10 of 2023, s. 3, for clause (a) (w.e.f. 1-4-2024).
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(aa) “benefit claimers” means the conservers of biological resources, their by -products, creators
or holders of traditional knowledge associated thereto (excluding codified traditional knowledge only
for Indians) and information relating to the use of such biological resources, innovations and practices
associated with such use and application;]
(b) “biological diversity” 1[or “biodiversity”] means the variability among living organisms from
all sources and the ecological co mplexes of which they are part and includes diversity within species
or between species and of eco-systems;
2[(c) “biological resources ” include plants, animals, micro -organisms or parts of their genetic
material and derivatives (excluding value added prod ucts), with actual or potential use or value for
humanity, but does not include human genetic material;]
(d) “bio-survey and bio -utilisation” means survey or collection of species, sub-species, genes,
components and extracts of biological resource for any purpose and includes characteris ation,
inventorisation and bioassay;
(e) “Chairperson” means the Chairperson of the National Biodiversity Authority or, as the case
may be, of the State Biodiversity Board;
1[(ea) “codified traditional knowledge ” means the k nowledge derived from authoritative books
specified in the First Schedule to the Drugs and Cosmetics Act, 1940 (23 of 1940);]
(f) “commercial utilisation” means end uses of biological resources for commercial utilisation
such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins,
colours, extracts and genes used for improving crops and livestock through genetic intervention, but
does not include conventional breeding or traditional practices in use in any agriculture, ho rticulture,
poultry, dairy farming, animal husbandry or bee keeping;
1[(fa) “derivative” means a naturally occurring biochemical compound or metabolism of
biological resources, even if it does not contain functional units of heredity;]
(g) “fair and equita ble benefit sharing” means sharing of benefits as determined by the National
Biodiversity Authority under section 21;
1[(ga) “folk variety ” means a cultivated variety of plant that was developed, grown and
exchanged informally among farmers;
(gb) “India” means the territory of India as referred to in Article 1 of the Constitution, its
territorial waters, seabed and sub -soil underlying such waters, continental shelf, exclusive economic
zone or any other maritime zone as refferred to in the Territorial Waters, Continental Shelf, Exclusive
Economic Zone and Other Maritime Zones Act, 1976, and the air space above its territory (80 of
1976);
(gc) “landrace” means primitive cultivar that was grown by ancient farmers and their successors;]
(h) “local bodies ” means Panchayats and Municipalities, by whatever name called, within the
meaning of clause ( 1) of article 243B and clause (1) of article 243Q of the Constitution and in the
absence of any Panchayats or Municipalities, institutions of self -government constituted under any
other provision of the Constitution or any Central Act or State Act;
(i) “member” means a member of the National Biodiversity Authority or a State Biodiversity
Board and includes the Chairperson;
1[(ia) “Member-Secretary” means the full time Secr etary of the National Biodiversity Authority,
or of the State Biodiversity Board, as the case may be;]
(j) “National Biodiversity Authority ” means the National Biodiversity Authority established
under section 8;
(k) “prescribed” means prescribed by rules made under this Act;
1. Ins. by Act 10 of 2023, s. 3, (w.e.f. 1-4-2024).
2. Subs. by s. 3, ibid., for clause (c) (w.e.f. 1-4-2024).
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(l) “regulations” means regulations made under this Act;
(m) “research” means study or systematic investigation of any biological resource or
technological application, that uses biological systems, living organisms or derivatives there of to
make or modify products or processes for any use;
(n) “State Biodiversity Board” means the State Biodiversity Board established under section 22;
(o) “sustainable use” means the use of components of biological diversity in such manner and at
such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its
potential to meet the needs and aspirations of present and future generations;
(p) “value added products” means products which may contain portions or extracts of plants and
animals in unrecognizable and physically inseparable form.
CHAPTER II
REGULATION OF ACCESS TO BIOLOGICAL 1[RESOURCES]
3. Certain persons not to undertake Biodiversity related activities without approval of National
Biodiversity Authority.—(1) No person referred to in sub-section (2) shall, without previous approval of
the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge
associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation.
(2) The persons who shall be required to take the approval of the National Biodiversity Authority
under sub-section (1) are the following, namely:—
(a) a person who is not a citizen of India;
(b) a citizen of India, who is a non -resident as defined in clause ( 30) of secti on 2 of the
Income-tax Act, 1961 (43 of 1961);
(c) a body corporate, association or organisation—
(i) not incorporated or registered in India; or
2[(ii) incorporated or registered in India under any la w for the time being in force, which is
controlled by a foreigner within the meaning of clause ( 27) of section 2 of the Companies Act,
2013 (18 of 2013).]
3[4. Results of research not to be transferred to certain persons without approval of National
Biodiversity Authority.— No person or entity shall share or transfer any result of the research on any
biological resource occurring in, or obtained or accessed from, India or traditional knowledge associated
thereto, for monetary consideration or otherwise, to a person or body corporate referred to in sub -section
(2) of section 3, without the prior written approval of the National Biodiversity Authority, except the
codified traditional knowledge which is only for Indians:
Provided that the provisions of this sec tion shall not apply if publication of research papers or
dissemination of knowledge in any seminar or workshop involving financial benefit is as per the
guidelines issued by the Central Government:
Provided further that where the results of research are u sed for further research, then, the registration
with the National Biodiversity Authority shall be necessary:
Provided also that if the results of research are used for commercial utilisation or for obtaining any
intellectual property rights, within or out side India, prior approval of the National Biodiversity Authority
shall be required to be taken in accordance with the provisions of this Act.]
5. 4[Certain provisions ] not to apply to certain collaborative research projects. —5[(1) The
provisions of section 3 shall not apply to collaborative research projects involving transfer or exchange of
1. Subs. by Act 10 of 2023, s. 4, for “DIVERSITY” (w.e.f. 1-4-2024).
2. Subs. by s. 5, ibid., for sub-clause (ii) (w.e.f. 1-4-2024).
3. Subs. by s. 6, ibid., for section 4 (w.e.f. 1-4-2024).
4. Subs. by s. 7, ibid., for “Sections 3 and 4” (w.e.f. 1-4-2024).
5. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 1-4-2024).
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biological resource or traditional knowledge associated thereto between institutions, including
Government sponsored institutions of India, and such institutions in ot her countries, if such collaborative
research projects satisfy the conditions specified in sub-section (3).]
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based
on agreements concluded before the commencement of this Act and in force shall, to the extent the
provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under
clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall—
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.
6. Application for intellectual property rights not to be made without approval of National
Biodiversity Authority.—1[(1) Any person or entity covered under sub -section (2) of section 3 applying
for an intellectual property right, by whatever name called, in or outside India, for any invention based on
any research or information on a biological resource w hich is accessed from India, including those
deposited in repositories outside India, or traditional knowledge associated thereto, shall obtain prior
approval of the National Biodiversity Authority before grant of such intellectual property rights.
(1A) Any person covered under section 7 applying for any intellectual property right, by whatever
name called, in or outside India, for any invention based on any research or information on a biological
resource which is accessed from India, including those depos ited in repositories outside India, or
traditional knowledge associated thereto, shall register with the National Biodiversity Authority before
grant of such intellectual property rights.
(1B) Any person covered under section 7 who has obtained intellectua l property right, by whatever
name called, in or outside India, for any invention based on any research or information on a biological
resource which is accessed from India, including those deposited in repositories outside India, or
traditional knowledge associated thereto, shall obtain prior approval of the National Biodiversity
Authority at the time of commercialisation.]
(2) The National Biodiversity Authority may, while granting the approval under this section, impose
benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits
arising out of the commercial utilisation of such rights.
(3) The provisions of this section shall not apply to any person making an application for any right
under any law relating to protection of plant varieties 2***.
(4) Where any right is granted under law referred to in sub -section ( 3), the concerned authority
granting such right shall endorse a copy of such document granting the right to the National Biodiversity
Authority.
3[7. Prior intimation to State Biodiversity Board for accessing biological resource for certain
purposes.— (1) No person, other than the person covered under sub -section (2) of section 3, shall access
any biological resource and its associated knowledge for comme rcial utilisation, without giving prior
intimation to the concerned State Biodiversity Board, but such access shall be subject to the provisions of
clause (b) of section 23 and sub-section (2) of section 24:
Provided that the provisions of this section sha ll not apply to the codified traditional knowledge,
cultivated medicinal plants and its products, local people and communities of the area, including growers
and cultivators of biodiversity and to vaids, hakims and registered AYUSH practitioners only who h ave
been practicing indigenous medicines, including Indian systems of medicine as profession for sustenance
and livelihood.
1. Subs. by Act 10 of 2023, s. 8, for sub-section (1) (w.e.f. 1-4-2024).
2. The words "enacted by the Parliament" omitted by s. 8, ibid., (w.e.f. 1-4-2024).
3. Subs. by s. 9, ibid., for section 7 (w.e.f. 1-4-2024).
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(2) In the case of cultivated medicinal plants, the exemption under sub -section (1) shall be available
only if a certificate of origin is obtained from the Biodiversity Management Committee in such manner as
may be prescribed.
(3) The Biodiversity Management Committee shall, on the basis of entries made in such books,
maintained in such manner, issue the certificate of origin under sub section (2) in such manner as may be
prescribed.]
CHAPTER III
NATIONAL BIODIVERSITY AUTHORITY
8. Establishment of National Biodiversity Authority .—(1) With effect from such date as the
Central Government may, by notification in the Official Gazette, appoint, there shall be established by the
Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority.
(2) The National Biodiversity Authority shall be a body corporate by the name aforesaid, having
perpetual success ion and a common seal, with power to acquire, hold and dispose of property, both
movable and immovable, and to contract, and shall by the said name sue and be sued.
1[(3) The head office of the National Biodiversity Authority shall be at Chennai and the Na tional
Biodiversity Authority may, with the previous approval of the Central Government, establish offices at
other places in India.]
(4) The National Biodiversity Authority shall consist of the following members, namely:—
2[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and
experience in the conservation and sustainable use of biological diversity and in matters relating to
fair and equitable sharing of benefits, to be appointed by the Central Government;
(b) sixteen ex officio members to be appointed by the Central Government, representing the
Ministries dealing with—
(i) Agricultural Research and Education;
(ii) Agriculture and Farmers Welfare;
(iii) Ayurveda, Unani, Siddha, Sowa Rigpa, Yoga and Naturopathy and Homoeopathy;
(iv) Biotechnology;
(v) Environment and Climate Change;
(vi) Forests and Wildlife;
(vii) Indian Council of Forestry Research and Education;
(viii) Earth Sciences;
(ix) Panchayati Raj;
(x) Science and Technology;
(xi) Scientific and Industrial Research;
(xii) Tribal Affairs;
(c) four representatives from State Biodiversity Boards on rotational basis;]
(d) five non -official members to be appointed from amongst 3[experts including legal experts ]
and scientists having special knowledge of, or experience in, matters relating to conservation of
biological diversity, sustainable use of biological resources and 4[fair and equitable ] sharing of
benefits arising out of the use of biological resources, representatives of industry, conservers, creators
and knowledge-holders of biological resources.
1. Subs. by Act 10 of 2023, s. 10, for sub-section (3) (w.e.f. 1-4-2024).
2. Subs. by s. 10, ibid., for clauses (a), (b) and (c) (w.e.f. 1-4-2024).
3. Subs. by s. 10, ibid., for “specialists” (w.e.f. 1-4-2024).
4. Subs. by s. 10, ibid., for “equitable” (w.e.f. 1-4-2024).
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1[(e) a Member -Secretary, who shall have experience in matters relating to biodiversity
conservation, to be appointed by the Central Government.]
9. Conditions of service of 2[Chairperson, members and Member-Secretary.]—The term of office
and conditions of service of the Chairperson and the other members other than ex officio members of the
National Biodiversity Authority 3[and of Member -Secretary] shall be such as may be prescribed by the
Central Government.
10. Chairperson to be Chief Executive of National Biodiversity Authority .—The Chairperson
shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and
perform such duties, as may be prescribed.
4[10A. Member Secretary.— (1) The Member-Secretary shall be the chief coordinating officer and
the convener of the National Biodiversity Authority and shall assist that Authority in the discharge of its
functions under this Act.
(2) The Member-Secretary shall perform such other functions as may be prescribed.]
11. Removal of members .—The Central Government may remove from the National Biodiversity
Authority any member who, in its opinion, has—
(a) been adjudged as an insolvent; or
(b) been convicted of an offence which involves moral turpitude; or
(c) become physically or mentally incapable of acting as a member; or
(d) so abused his position as to render his continuance in office detrimental to the public interest;
or
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a
member.
12. Meetings of National Biodiversity Authority .—(1) The National Biodiversity Authority shall
meet at such time and place and shall observe such rules of procedure in regard to the transaction of
business at its meetings (including the quorum at its meetings) as may be prescribed.
(2) The Chairperson of the National Biodiversity Authority shall preside at the meetings of the
National Biodiversity Authority.
(3) If for any reason the Chairperson is unable to attend a ny meeting of the National Biodiversity
Authority, any member of the National Biodiversity Authority chosen by the members present at the
meeting shall preside at the meeting.
(4) All questions which come before any meeting of the National Biodiversity Authority shall be
decided by a majority of votes of the members present and voting and in the event of equality of votes,
the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote.
(5) Every member who is in a ny way, whether directly, indirectly or personally, concerned or
interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and
after such disclosure, the member concerned or interested shall not attend that meeting.
(6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason
of—
(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or
(b) any defect in the appointment of a person acting as a member; or
(c) any irregularity in the procedure of the National Biodiversity Authority not affecting the
merits of the case.
1. Ins. by Act 10 of 2023, s. 10 (w.e.f. 1-4-2024).
2. Subs. by s. 11, ibid., for “Chairperson and members” (w.e.f. 1-4-2024).
3. Ins. by s. 11, ibid. (w.e.f. 1-4-2024).
4. Ins. by s. 12, ibid. (w.e.f. 1-4-2024).
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13. Committees of National Biodiversity Authority.—(1) The National Biodiversity Authority may
constitute a committee to deal with agro-biodiversity.
Explanation.—For the purposes of this sub -section, “agro-biodiversity” means biological diversity of
agriculture related species and their wild relatives.
1[(2) The National Biodiversity Authority may also constitute such number of committees as it deems
fit for the efficient discharge of its duties and performance of its functions under this Act.]
(3) A committee constituted under this section shall co -opt such number of persons, who are not the
members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have
the right to attend the meetings of the committee and take part in its proceedings but shall not have the
right to vote.
(4) The persons appointed as members of the committee u nder sub-section ( 2) shall be entitled to
receive such allowances or fees for attending the meetings of the committee as may be fixed by the
Central Government.
14. Officers and employees of National Biodiversity Authority .—(1) The National Biodiversity
Authority may appoint such officers and other employees as it considers necessary for the efficient
discharge of its functions under this Act.
(2) The terms and conditions of service of such officers and other employees of the National
Biodiversity Authority shall be such as may be specified by regulations.
15. Authentication of orders and decisions of National Biodiversity Authority.—All orders and
decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson
2[or Member-Secretary] or any other member authorised by the National Biodiversity Authority in this
behalf and all other instruments executed by the National Biodiversity Authority shall be authenticated by
the 3[signature of Member-Secretary or an officer] of the National Biodiversity Authority authorised by it
in this behalf.
16. Delegation of powers.—The National Biodiversity Authority may, by general or special order in
writing, delegate to any member 4[or Member-Secretary], officer of the National Bi odiversity Authority
or any other person subject to such conditions, if any, as may be specified in the order, such of the powers
and functions under this Act (except the power to prefer an appeal under section 50 and the power to
make regulations under section 64) as it may deem necessary.
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
India.—The salaries and allowances payable to the members and the administrative expenses of the
National Biodiversity Author ity including salaries, allowances and pension payable to, or in respect of,
the officers and other employees of the National Biodiversity Authority shall be defrayed out of the
Consolidated Fund of India.
CHAPTER IV
FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
18. Functions and powers of National Biodiversity Authority —5[(1) The National Biodiversity
Authority shall, with the approval of the Central Government, make regulations to provide for access to
biological resources and traditional kn owledge associated thereto, and for determination of fair and
equitable sharing of benefits.
(2) It shall be the duty of the National Biodiversity Authority to regulate any activity referred to in
sections 3, 4 and 6 by granting or rejecting approvals.]
(3) The National Biodiversity Authority may—
1. Ins. by Act 10 of 2023, s. 13 (w.e.f. 1-4-2024).
2. Ins. by s. 14, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 14, ibid., for “signature of an officer” (w.e.f. 1-4-2024).
4. Ins. by s. 15, ibid. (w.e.f. 1-4-2024).
5. Subs. by s. 16, ibid., for sub-sections (1) and (2) (w.e.f. 1-4-2024).
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(a) advise the Central Government on matters relating to the conservation of biodiversity,
sustainable use of its components and 1[fair and equitable ] sharing of benefits arising out of the
utilisation of biological resources;
(b) advise the State Governments in the selection of areas of biodiversity importance to be
notified under sub -section ( 1) of section 37 as 2[biodiversity heritage sites ] and measures for the
management of such heritage sites;
3[(ba) advise the State Biodiversity Boards on any matter relating to the implementation of the
Act;]
(c) perform such other functions as may be necessary to carry out the provisions of this Act.
4[(4) The National Biodiversity Authority may, on behalf of the Central Go vernment, take any
measures necessary to oppose the grant of intellectual property rights in any country outside India on any
biological resource which is found in or brought from India, including those deposited in repositories
outside India, or traditional knowledge associated thereto accessed.]
CHAPTER V
APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
19. Approval by National Biodiversity Authority for undertaking certain activities.—(1) Any
person referred to in sub -section (2) of section 3 who intends to obtain any biological resource occurring
in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and
bio-utilisation or transfer the results of any research relating to biological resources occurring in, or
obtained from, India, shall make application in such form and payment of such fees as may be prescribed,
to the National Biodiversity Authority.
5[(2) Any person referred to in sub -section (2) of section 3 who intends to apply for a patent or any
other form of intellectual property rights, whether in India or outside India, referred to in sub -section (1)
of section 6, may make an application to the National Biodiversity Authority in such form, on payment of
such fee, and in such manner, as may be prescribed.
(2A) Any person referred to in sub -section ( 1A) of section 6 shall register with the National
Biodiversity Authority at the time of making application under sub -section (2), and persons referred to in
sub-section (1B) of section 6 shall obtain prior ap proval from the National Biodiversity Authority at the
time of commercialisation.]
(3) On receipt of an application under sub -section (1) or sub -section (2), the National Biodiversity
Authority may, after making such enquiries as it may deem fit and if nec essary after consulting an expert
committee constituted for this purpose, by order, grant approval subject to any regulations made in this
behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by
way of royalty or for reasons to be recorded in writing, reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard
to the person affected.
6[(3A) The National Biodiversity Authority shall, while gran ting approval under this section,
determine the benefit sharing in such manner as may be specified by regulations made in this behalf:
Provided that if the National Biodiversity Authority is of the opinion that such an activity is
detrimental or contrary t o the objectives of conservation and sustainable use of biodiversity or fair and
equitable sharing of benefits arising out of such activity, it may, by order, for reasons to be recorded in
writing, prohibit or restrict any such activity:
1. Subs. by Act 10 of 2023, s. 16, for “equitable” (w.e.f. 1-4-2024).
2. Subs. by s. 16, ibid., for “heritage sites” (w.e.f. 1-4-2024).
3. Ins. by s. 16, ibid. (w.e.f. 1-4-2024).
4. Subs. by s. 16, ibid., for sub-section (4) (w.e.f. 1-4-2024).
5. Subs. by s. 17, ibid., for sub-section (2) (w.e.f. 1-4-2024).
6. Ins. by s. 17, ibid. (w.e.f. 1-4-2024).
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Provided further that no such order for rejection shall be made without giving an opportunity of being
heard to the person concerned.]
1[(4) The National Biodiversity Authority shall place in public domain details of every approval
granted or rejected under this section.]
20. Transfer of 2[results of research].—3[(1) Any person or entity who intends to transfer the results
of any research on biological resources, which are found in or brought from India, including those
deposited in repositories outside India or traditional knowledge associated thereto, to persons referred to
under sub-section (2) of section 3 for monetary consideration or otherwise, he shall make an application
to the National Biodiversity Authority in such form, and on payment of such fee, as may be prescribed.]
(2) Any person who intends to transfer 4[the results of research ] referred to in sub -section (1) shall
make an application in such form and in such manner as may be prescribed to the National Biodiversity
Authority.
5[(3) On receipt of an application under sub -section ( 2), the National Biodiversity Authority may,
after making such enquiries, as it deems fit, by order, grant approval, subject to such terms and
conditions, as it may deem fit, including benefit sharing or otherwise, as per the guidelines or for reasons
to be recorded in writing, or reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard
to the person concerned.
(4) The National Biodiversity Authority shall place in publi c domain the details of every approval
granted or rejected under this section.]
21. Determination of 6[fair and equitable] benefit sharing by National Biodiversity Authority.—
7[(1) The National Biodiversity Authority shall, while determining benefit sharin g for the approval
granted under this Act, ensure that the terms and conditions subject to which the approval is granted
secures fair and equitable sharing of benefits arising out of the use of accessed biological resources, their
derivatives, innovations and practices associated with their use and applications and knowledge relating
thereto in accordance with mutually agreed terms and conditions between the person applying for such
approval, and the Biodiversity Management Commit tee represented by the Natio nal Biodiversity
Authority.]
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf,
determine the benefit sharing which shall be given effect in all or any of the following manner,
namely:—
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority,
or where benefit claimers are identified, to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which will facilitate
better living standards to the benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with research and
development in biological resources and bio-survey and bio-utilisation;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as
the National Biodiversity Authority may deem fit.
1. Subs. by Act 10 of 2023, s. 17, for sub-section (4) (w.e.f. 1-4-2024).
2. Subs. by s. 18, ibid., for “biological resource or knowledge” (w.e.f. 1-4-2024).
3. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-4-2024).
4. Subs. by s. 18, ibid., for “any biological resource or knowledge associated thereto” (w.e.f. 1-4-2024).
5. Subs. by s. 18, ibid., for sub-sections (3) and (4) (w.e.f. 1-4-2024).
6. Subs. by s. 19, ibid., for “equitable” (w.e.f. 1-4-2024).
7. Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 1-4-2024).
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(3) Where any amount of money is ordered by w ay of benefit sharing, the National Biodiversity
Authority may direct the amount to be deposited in the National Biodiversity Fund:
1[Provided that where biological resource or associated knowledge was a result of access from an
individual or group of indi viduals or organisations, the National Biodiversity Authority may direct that
the amount shall be paid directly to such benefit claimer or organisation in accordance with the terms of
any agreement and in such manner as it deems fit.]
(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the
Central Government, by regulations, frame guidelines.
CHAPTER VI
STATE BIODIVERSITY BOARD
22. Establishment of State Biodiversity Board .—(1) With effect from such date as the State
Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established
by that Government for the purposes of this Act, a Board for the State to be known as
the______________ (name of the State) Biodiversity Board.
(2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be
constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority
shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory:
Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all
or any of its powers or functions under this sub-section to such person or group of persons 2[or body] as
the Central Government may specify.
(3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a
common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to
contract, and shall by the said name sue and be sued.
(4) The Board shall consist of the following members, namely:—
3[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and
experience in the conservation and sustainable use of bi ological diversity and in matters relating to
fair and equitable sharing of benefits, to be appointed by the State Government;
(b) not more than seven ex officio members to be appointed by the State Government to represent
the concerned departments of the State Government, including departments dealing Panchayati Raj
and tribal affiairs;
(c) not more than five non -official members to be appointed from amongst experts, including
legal experts, scientists having special knowledge, expertise and work experienc e in matters relating
to conservation of biological diversity, sustainable use of biological resources and fair and equitable
sharing of benefits arising out of the use of biological resources.]
(5) The head office of the State Biodiversity Board shall be at such place as the State Government
may, by notification in the Official Gazette, specify.
23. Functions of State Biodiversity Board.—The functions of the State Biodiversity Board shall b e
to—
4[(a) advise the State Government on matters relating to the conservation of biodiversity,
sustainable use of its components and fair and equitable sharing of benefits arising out of the
utilisation of biological resources or traditional knowledge associated thereto, in conformity with the
regulations or guidelines i f any, issued by the Central Government or the National Biodiversity
Authority;
(b) regulate any activity referred to in section 7 by granting or rejecting approvals;
1. Subs. by Act 10 of 2023, s. 19, for the proviso (w.e.f. 1-4-2024).
2. Ins. by s. 20, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 20, ibid., for clauses (a), (b) and (c) (w.e.f. 1-4-2024).
4. Subs. by s. 21, ibid., for clauses (a) and (b) (w.e.f. 1-4-2024).
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(ba) determine the fair and equitable sharing of benefits as provided under the regulatio ns made
in this behalf by the National Biodiversity Authority while granting approvals;]
(c) perform such other functions as may b e necessary to carry out the provisions of this Act or as
may be prescribed by the State Government.
24. Power of State Biodiv ersity Board to restrict certain activities violating the objectives of
conservation, etc.—1[(1) Any person other than the person referred to in sub -section ( 2) of section 3,
intending to undertake any activity covered under section 7, shall give prior int imation to the State
Biodiversity Board, in such form as may be prescribed by the State Government.]
2[(2) If the State Biodiversity Board is of the opinion that such activity is detrimental or contrary to
the objectives of conservation and sustainable use of biodiversity of fair and equitable sharing of benefits
arising out of such activity, it may by order, restrict or reject such activity:
Provided that no such order or rejection shall be made without giving an opportunity of being
heard to the person concerned.
(3) The State Biodiversity Board shall place in public domain the details of every approval granted or
rejected under this section.]
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.—The
provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the
following modifications, namely:—
(a) references to the Central Government shall be construed as references to the State
Government;
(b) references to the National Biodiversity Authority shall be construed as references to the State
Biodiversity Board;
(c) reference to the Consolidated Fund of India shall be construed as reference to the
Consolidated Fund of the State.
CHAPER VII
FINANACE, ACCOUNTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
26. Grants or loans by the Central Government .—The Central Government may, after due
appropriation made by Parliament by law in this behalf, pay to the National Biodiversity Authority by
way of grants or Excerpt shown. Open the full act in Lexace.