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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:-



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