The Biological Diversity Act, 2002

Preamble

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:--

Sections

Type to filter. 72 sections.

1. 1Short title, extent and commencement
2. 2Definitions
3. 3Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
4. 4Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
5. 5Certain provisions not to apply to certain collaborative research projects
6. 6Application for intellectual property rights not to be made without approval of National Biodiversity Authority
7. 7Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes
8. 8Establishment of National Biodiversity Authority
9. 9Conditions of service of Chairperson, members and Member-Secretary
10. 10Chairperson to be Chief Executive of National Biodiversity Authority
11. 10AMember Secretary
12. 11Removal of members
13. 12Meetings of National Biodiversity Authority
14. 13Committees of National Biodiversity Authority
15. 14Officers and employees of National Biodiversity Authority
16. 15Authentication of orders and decisions of National Biodiversity Authority
17. 16Delegation of powers
18. 17Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
19. 18Functions and powers of National Biodiversity Authority
20. 19Approval by National Biodiversity Authority for undertaking certain activities
21. 20Transfer of results of research
22. 21Determination of fair and equitable benefit sharing by National Biodiversity Authority
23. 22Establishment of State Biodiversity Board
24. 23Functions of State Biodiversity Board
25. 24Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc
26. 25Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board
27. 26Grants or loans by the Central Government
28. 27Constitution of National Biodiversity Fund
29. 28Annual report of National Biodiversity Authority
30. 29Budget, accounts and audit
31. 30Annual report to be laid before Parliament
32. 31Grants of money by State Government to State Biodiversity Board
33. 32Constitution of State Biodiversity Fund
34. 33Annual report of State Biodiversity Board
35. 34Audit of accounts of State Biodiversity Board
36. 35Annual report of State Biodiversity Board to be laid before State Legislature
37. 36Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity
38. 36AMeasures to be taken by National Biodiversity Authority
39. 36BState Government to develop strategies and plans for conservation and sustainable use of biological diversity
40. 37Biodiversity heritage sites
41. 38Power of Central Government to notify threatened species
42. 39Power of Central Government to designate repositories
43. 40Provisions of this Act not to apply in certain cases
44. 41Constitutions of Biodiversity Management Committees
45. 42Grants to Local Biodiversity Fund
46. 43Constitution of Local Biodiversity Fund
47. 44Application of Local Biodiversity Fund
48. 45Annual statement of Biodiversity Management Committees
49. 46Audit of accounts of Biodiversity Management Committees
50. 47Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate
51. 48National Biodiversity Authority to be bound by the directions given by Central Government
52. 49Power of State Government to give directions
53. 50Settlement of disputes
54. 51Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
55. 52Appeal
56. 52AAppeal to National Green Tribunal
57. 53Execution of determination or order
58. 54Protection of action taken in good faith
59. 55Penalties
60. 55AAdjudication of penalties
61. 55BPower to enter, inspect, survey, etc
62. 56Penalty for contravention for directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards
63. 57Offences by companies
64. 58Omitted
65. 59Act to have effect in addition to other Acts
66. 59AAct not to apply to certain persons
67. 60Power of Central Government to give directions to State Government
68. 61Cognizance of offences
69. 62Power of Central Government to make rules
70. 63Power of State Government to make rules
71. 64Power to make regulations
72. 65Power to remove difficulties

Amending Acts

1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

Rules made under this Act

17 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

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