The Biological Diversity Act, 2002

ACT NO. 18 OF 2003 [5th February, 2003]

Contents
Sections	Particulars
Chapter I	Preliminary
1	Short title, extent and commencement
2	Definitions
Chapter II	Regulation of Access to Biological Diversity
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	Sections 3 and 4 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 obtaining biological resource for certain purposes
Chapter III	National Biodiversity Authority
8	Establishment of National Biodiversity Authority
9	Conditions of service of Chairperson and members
10	Chairperson to be Chief Executive of National Biodiversity Authority
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
18	Functions and powers of National Biodiversity Authority
Chapter V	Approval by the National Biodiversity Authority
19	Approval by National Biodiversity Authority for undertaking certain activities
20	Transfer of biological resource or knowledge
21	Determination of equitable benefit sharing by National Biodiversity Authority
Chapter VI	State Biodiversity Board
22	Establishment of State Biodiversity Board
23	Functions of State Biodiversity Board
24	Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
25	Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board
Chapter VII	Finance, Accounts and Audit of National Biodiversity Authority
26	Grants or loans by the Central Government
27	Constitution of National Biodiversity Fund
28	Annual report of National Biodiversity Authority
29	Budget, accounts and audit
30	Annual report to be laid before Parliament
Chapter VIII	Finance, Accounts and Audit of State Biodiversity Board
31	Grants of money by State Government to State Biodiversity Board
32	Constitution of State Biodiversity Fund
33	Annual report of State Biodiversity Board
34	Audit of accounts of State Biodiversity Board
35	Annual report of State Biodiversity Board to be laid before State Legislature
Chapter IX	Duties of the Central and the State Governments
36	Central Government to develop National strategies, plans, etc., for conservation, etc., 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	Power of Central Government to exempt certain biological resources
Chapter X	Biodiversity Management Committees
41	Constitution of 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 report 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 between State Biodiversity Boards
51	Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
52	Appeal
53	Execution of determination or order
54	Protection of action taken in good faith
55	Penalties
56	Penalty for contravention of directions 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
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

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 there .

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 it is considered necessary to provide for conservation, sustainable utilisation and equitable sharing of the benefits arising out of utilisation 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:-