- THE BIOLOGICAL DIVERSITY ACT, 2002
- CHAPTER - I Preliminary
- CHAPTER - II Regulation of Access to Biological Diversity
- Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
- Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
- Sections 3 and 4 not to apply to certain collaborative research projects
- Application for intellectual property rights not to be made without approval of National Biodiversity Authority
- Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes
- CHAPTER - III National Biodiversity Authority
- Establishment of National Biodiversity Authority
- Conditions of service of Chairperson and members
- Chairperson to be Chief Executive of National Biodiversity Authority
- Removal of members
- Meetings of National Biodiversity Authority
- Committees of National Biodiversity Authority
- Officers and employees of National Biodiversity Authority
- Authentication of orders and decisions of National Biodiversity Authority
- Delegation of powers
- Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
- CHAPTER - IV Functions and Powers of the National Biodiversity Authority
- CHAPTIER - V Approval by the National Biodiversity Authority
- CHAPTER - VI State Biodiversity Board
- CHAPER - VII Finance, Accounts and Audit of National Biodiversity Authority
- CHAPTER - VIII Finance, Accounts and Audit of State Biodiversity Board
- CHAPTER - IX Duties of the Central and the State Governments
- Central Government to develop National strategies plans. Etc., for conservation, etc., of biological diversity
- Biodiversity heritage sites
- Power of Central Government to notify threatened species
- Power of Central Government to designate repositories
- Power of Central Government to exempt certain biological resources
- CHAPTER - X Biodiversity Management Committees
- CHAPTER - XI Local, Biodiversity Fund
- Grants to Local Biodiversity Fund
- Constitution of Local Biodiversity Fund
- Application of Local Biodiversity Fund
- Annual Report of Biodiversity Management Committees
- Audit of accounts of Biodiversity Management Committees
- Annual report, etc, of the Biodiversity Management Committee to be submitted to district Magistrate
- CHAPTER - XII Miscellaneous
- National Biodiversity Authority to be bound by the directions given by Central Government
- Power of State Government to give Directions
- Settlement of disputes between State Biodiversity Boards
- Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
- Appeal
- Execution of determination or order
- Protection of action taken in good faith
- Penalties
- Penalty for contravention of directions or orders of Central government, State government, National Biodiversity Authority and State Biodiversity Boards
- Offences by companies
- Offences to be cognizable and non-bailable
- Act to have effect in addition to other Acts
- Power of Central Government to giver directions to State Government
- Cognizance of offences
- Power of Central Government to make rules
- Power of State Government to make rules
- Power of remove difficulties
- Power to remove difficulties
MINISTRY OF LAW AND JUSTICE (Legislative Department)
New Delhi, the 5th February, 2003/Magha 16, 1924 (Saka)
The following Act of Parliament received the assent of the President on the 5th February, 2003, and is hereby published for general information:
THE BIOLOGICAL DIVERSITY ACT, 2002
[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 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 utilization of genetic resources;
AND WHEREAS it is considered necessary to provide for conservation, sustainable utilization and equitable sharing of the benefits arising out of utilization of genetic 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 (3) It shall come into force on such date 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.
In this Act, unless the context otherwise requires,– CHAPTER -II
Regulation of Access to Biological Diversity
3. (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 utilization or for bio-survey and bio-utilization.
(2) The persons who shall be required to take the approval of the National Biodiversity Authority under sub-section (1) are the following, namely: 4. No person shall, without the previous approval of the National Biodiversity Authority, transfer the results of any research relating to any biological resources occurring in, or obtained from, India for monetary consideration or otherwise to any person who is not a citizen of India or citizen of India who is non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961 or a body corporate or organization which Is not registered or incorporated in India or which has any non-Indian participation in its share capital or management.
Explanation.-For the purposes of this section, "transfer" does not include publication of research papers or dissemination of knowledge in any seminar or workshop, if such publication is as per the guidelines issued by the Central Government.
5.(1) The provisions of sections 3 and 4 shall not apply to collaborative research projects involving transfer or exchange of biological resources or information relating thereto between institutions, including Government sponsored institutions of India, and such institutions in other countries, if such collaborative research projects satisfy the conditions specified in sub-section (3). Application for intellectual property rights not to be made without approval of National Biodiversity Authority
6.(1) No person shall apply 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 obtained from India without obtaining the previous approval of the National Biodiversity Authority before making such application.
Provided that if a person applies for a patent, permission of the National Biodiversity Authority may be obtained after the acceptance of the patent but before the seating of tile patent by the patent authority concerned:
Provided further that the National Biodiversity Authority shall dispose of the application for permission made to it within a period of ninety days from the date of receipt thereof. 7. No person, who is a citizen of India or a body corporate, association or organization which is registered in India, shall obtain any biological resource for commercial utilization, or bio-survey and bio-utilization for commercial utilization except after giving prior intimation to the State Biodiversity Board concerned:
Provided that the provisions of this section shall not apply to the local people and communities of the area, including growers and cultivators of biodiversity, and vaids and hakims, who have been practicing indigenous medicine.
CHAPTER -III
National Biodiversity Authority
8.(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. 9. 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 shall be such as may be prescribed by the Central Government.
10. 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.
11. The Central Government may remove from the National Biodiversity Authority any member who, in its opinion, has 12. (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. 13. (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. 14.(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. All orders and decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson or any other member authorized by the National Biodiversity Authority in this behalf and all other instruments executed by the National Biodiversity Authority shall be authenticated by the signature of an officer of the National Biodiversity Authority authorized by it in this behalf.
16. The National Biodiversity Authority may, by general or special order in writing, delegate to any member, officer of the National Biodiversity 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. The salaries and allowances payable to the members and the administrative expenses of the National Biodiversity Authority 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.(1) It shall be the duty of the National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by regulations issue guidelines for access to biological resources and for fair and equitable benefit sharing. CHAPTIER -V
Approval by the National Biodiversity Authority
19.(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 utilization or for bio-survey and bio-utilization 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. Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected.
20.(1) No person who has been granted approval under section 19 shall transfer any biological resource or knowledge associated thereto which is the subject matter of the said approval except with the permission of the National Biodiversity Authority. 21.(1) The National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that the terms and conditions subject to which approval is granted secures equitable sharing of benefits arising out of the use of accessed biological resources, their by-products, 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, local bodies concerned and the benefit claimers. CHAPTER -VI
State Biodiversity Board
22.(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. 23. The functions of the State Biodiversity Board shall be to– 24.(1) Any citizen of India or a body corporate, organization or association registered in India intending to undertake any activity referred to in section 7 shall give prior intimation in such form as may be prescribed by the State Government to the State Biodiversity Board.
(2) On receipt of an intimation under sub-section (1), the State Biodiversity Board may, in consultation with the local bodies concerned and after making such enquires as it conservation, may deem fit, by order, prohibit or restrict any such activity if it is of opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of benefits arising out of such activity:
Provided that no such order shall be made without giving an opportunity of being heard to the person affected.
(3) Any information given in the form referred to in sub-section (1) for prior intimation shall be kept confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned thereto.
25. The provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the following modifications, namely: CHAPER -VII
Finance, Accounts and Audit of National Biodiversity Authority
26. 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 loans such sums of money as the Central Government may think fit for being utilized for the purposes of this Act.
27.(1) There shall be constituted a Fund to be called the National Biodiversity Fund and there shall be credited thereto - (2) The Fund shall be applied for– 28. The National Biodiversity Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and furnish, to the Central Government, before such date as may be prescribed, its audited copy of accounts together with auditors report thereon.
29.(1) The National Biodiversity Authority shall prepare a budget, maintain proper accounts and other relevant records (including the accounts and other relevant records of the National Biodiversity Fund) and prepare an annual statement of account in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India. 30. The Central Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before each House of Parliament.
CHAPTER -VIII
Finance, Accounts and Audit of State Biodiversity Board
31. The State Government may, after due appropriation made by the State Legislature by law in this behalf, pay to the State Biodiversity Board by way of grants or loans such sums of money as the State Government may think fit for being utilized for the purposes of this Act.
32.(1) There shall be constituted a Fund to be called the State Biodiversity Fund and there shall be credited thereto (2) The State Biodiversity Fund shall be applied for 33. The State Biodiversity Board shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government.
34 No. 18 OF 2003
Preliminary 1. Short title, extent and commencement (1) This Act may be called the Biological Diversity Act, 2002. (2) It extends to the whole of India. 2. Definitions
Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
Sections 3 and 4 not to apply to certain collaborative research projects
Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes
Establishment of National Biodiversity Authority
(iii) Ocean Development;
(vii) Scientific and Industrial Research; Conditions of service of Chairperson and members
Chairperson to be Chief Executive of National Biodiversity Authority
Removal of members
Meetings of National Biodiversity Authority
Committees of National Biodiversity Authority
Officers and employees of National Biodiversity Authority
Authentication of orders and decisions of National Biodiversity Authority
Delegation of powers
Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
Functions and powers of National Biodiversity Authority
Approval by National Biodiversity Authority for undertaking certain activities
Transfer of biological resource or knowledge
Determination of equitable benefit sharing by National Biodiversity Authority
Establishment of State Biodiversity Board
Functions of State Biodiversity Board
Power of State Biodiversity Board to restrict certain activities
Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board
Grants or loans by the Central Government
Constitution of National Biodiversity Fund
Annual report of National Biodiversity Authority
Budget accounts and audit
Annual Report to be laid before parliament
Grants of money by State Government to State Biodiversity Board
Constitution of State Biodiversity Fund
Annual report of State Biodiversity Board
Audit of accounts of State Biodiversity Board