Environment
The Biological Diversity Act, 2002
Act 18 of 2003 · 72 sections
Practise questions on Environmental Law
Title, date and preamble
[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 utilisation of
genetic resources;
[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:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II REGULATION OF ACCESS TO BIOLOGICAL RESOURCES
- 3.Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
- 4.Results of research not to be transferred to certain persons 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 defrayed out of the Consolidated Fund of India
CHAPTER IV FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY
CHAPTER V APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
CHAPTER VI STATE BIODIVERSITY BOARD
CHAPTER VII FINANCE, ACCONTS 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
- 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
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
- 47.Annual report, etc., of the 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 of directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards
- 57.Offences by companies
- 58.Offences to be cognizable and non-bailable
- 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