Mandate

The Biological Diversity Act, 2002 provides for conservation of biological diversity, sustainable use of its components and fair equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.

The significant sections of the Biological Diversity Act, 2002 are:

Section 3 mandates that any person

  • (i) who is not a citizen of India;
  • (ii) a citizen of India, who is non-resident;
  • (iii) a body corporate, association or organisationnot incorporated or registered in India, or incorporated or registered in India under any law for the time being in force which has any non-Indian participation in its share capital or management is required to take prior approval of the National Biodiversity Authority for obtaining any biological resource occurring in India or knowledge associated thereto for research or for any commercial utilization or for bio-survey and bio-utilisation.

Section 4 – Without prior approval of the National Biodiversity Authority, no person shall 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, or a body corporate or organization which is not registered in India or which has any non-Indian participation in its share capital or management.

Section 6 – Without obtaining prior approval of the National Biodiversity Authority, no person can apply for any intellectual property right in or outside India for any invention based on research or information on a biological resource obtained from India.

Section 7 of the Act mandates citizen of India or a body corporate, associations or organization which is registered in India to give prior intimation to the State Biodiversity Boards for obtaining any biological resource for commercial utilization, or bio-survey, and bio-utilization for commercial utilization Section 22 (1) of the Act mandates the State Governments to establish the State Biodiversity Board for the purposes of the Biological Diversity Act.

  • a. The State Biodiversity Board have a Chairperson who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of biological diversity and in matters relating to the equitable sharing of benefits to be appointed by the state government.
  • b. There shall be not more than five ex-officio members to be appointed by the State Government to represent the concerned departments of the state governments
  • c. Not more than five members to be appointed from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources

Section 23 of the Act states the following functions of the State Biodiversity Board:

  • a. Advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilization of biological resources;
  • b. Regulate by granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization of any biological resource by Indians;
  • c. Perform such other functions as may be necessary to carry out the provisions of this Act or as may be prescribed by the State Government.

Section 37 of the Act, mandates the States from time to time to notify in the Official Gazette, areas of biodiversity heritage sites in consultation with the local bodies.

Section 38 of the Act mandates the Central Governments in consultation with the State Government to notify any species which is on the verge of extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate collection of such species, take appropriate steps to rehabilitate and preserve those species.