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TAMILNADU STATE BIODIVERSITY BOARD

VISION
MISSION
ANNUAL REPORTS
EXPERT COMMIITEES
MANDATE
FUNCTIONS OF BOARD

VISION OF THE BOARD

Conservation and sustainable use of India’s rich biodiversity and associated knowledge with people’s participation, ensuring the process of benefit sharing for the well-being of present and future generations.

MISSION OF THE BOARD

Ensure effective implementation of Biological Diversity Act, 2002 and the Biological Diversity Rules, 2004, for conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of utilization of genetic resources.

ANNUAL REPORTS

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EXPERT COMMIITEES

Access and Benefit Sharing (ABS)

Biological Heritage Site (BHS)

Biodiversity Management Committee (BMC)

Agro Biodiverstiy Expert Committee

Legal Advisory Expert Sub-committee

OM FOR EC ON BHS MANAGEMENT (1)

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

1) who is not a citizen of India
2) a citizen of India, who is non-resident
3) 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.

FUNCTIONS OF BOARD

In particular and without prejudice to the generality of the other provisions of the Act, the Board shall perform the following functions, namely:-

(i) Lay down the procedure and guidelines to regulate the activities provided under Section 7 of the Act

(ii) Advise the government, subject to any guidelines issued by the Central Government, on any matter concerning conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.

(iii) Provide livelihood support to those villagers, who have shifted or are in the process of shifting from unsustainable livelihoods to sustainable livelihoods or as Trekking Service Providers.

(iv) Promote and strengthen individuals and institutions who are already working towards conservation, sustainable use and equitable benefit sharing of biological resources.

(v) Provide technical assistance and guidance to various departments of the Government in connection with implementation of provisions of the Act.

(vi) Regulate by granting of approvals or otherwise requests for commercial utilisation or bio-survey and bio-utilisation of any biological resources under the Act by Indians.

(vii) Facilitate updating and implementation of State Biodiversity Strategy and Action Plan

(viii) Commission studies and sponsor investigations and research.

(ix) Engage consultants, for specific period, not exceeding three years, for providing technical assistance to the Board in the effective discharge of its functions.

(x) Collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.

(xi) Organise through mass media, a comprehensive programme regarding conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resources and knowledge.

(xii) Plan and organise training of personnel engaged or likely to be engaged in programmes for the conservation of biological diversity and sustainable use of its components

(xiii) Prepare the annual budget of the Board incorporating its own receipts and also the funds or grants from the Central Government, State Government and National Biodiversity Authority.

Provided that such allocation by the central government or State government or National Biodiversity Authority shall be operated in accordance with the budget provisions approved by the central government or State government or National Biodiversity Authority, as the case may be.

(xiv) Approve the en-bloc sanction of the annual budget and work programme.
(xv) Recommend to the Government, for creation of posts of the officers and employees of the Board for effective discharge of the functions by the Board and to create such posts, provided that no such post whether permanent, temporary or of any nature, shall be created without prior approval of the Government.
(xvi) Approve the method of recruitment to the officers and employees of the Board.
(xvii) Take steps to build up data base and to create information and documentation system for biological resources and associated traditional knowledge through biodiversity registers and electronic databases, to ensure effective management, promotion and sustainable use.
(xviii) Give advice and directions to the local bodies, Biodiversity management committees in writing for effective implementation of the Act and to facilitate their meaningful participation in all measures relating to conservation, sustainable use and equitable benefit sharing.
(xix) Report to the government about the functioning of the Board and implementation of the Act and the rules made thereunder.
(xx) Devise methods to ensure protection of rights including intellectual property rights over biological resources and associated knowledge including systems of maintaining confidentiality of such information as appropriate including the protection of the information recorded in People's Biodiversity Registers.
(xxi) Sanction grants-in-aid and grants to Biodiversity Management Committees for specific purposes.
(xxii) Undertake physical inspection of any activity or work to check whether it is in accordance with the provisions of the Act.
(xxiii) Ensure that biodiversity and biodiversity-dependent livelihoods are integrated into all sectors of planning and management, and at all levels of planning from local to State, to enable such sectors and administrative levels to contribute effectively to conservation and sustainable use.
(xxiv) Award individually or as a group, or both for innovation and contribution in the biodiversity sector of the State
(xxv) Formulate guidelines to the settlement of disputes between the Biodiversity management committees and to evaluate the performance of the Biodiversity management committees and annually reward the best performing Biodiversity management committee at each level in the State.
(xxvi) Recommend in consultation with the local bodies for notifying the areas of biodiversity importance as biodiversity heritage sites underSub-Section (1) of Section 37 of the Act and for the management and conservation of the heritage sites.
(xxvii) Perform such other functions as may be necessary to carry out the provisions of the Act or as may be assigned or directed by the government from time to time.