The Biological Diversity Act of 2002 is an Indian law aimed at the conservation of biological diversity, sustainable use of its components, and equitable sharing of benefits arising from the use of biological resources. It establishes a framework for the protection of ecosystems, promotes access to genetic resources, and involves local communities in biodiversity management through a National Biodiversity Authority. Here are the key highlights of the Biological Diversity Act, 2002:
State Biodiversity Boards : Established to oversee implementation at the state level.
Conservation of Biodiversity : Aimed at preserving India’s rich biological diversity through national and local-level initiatives.
National Biodiversity Authority (NBA) : Established to regulate the access and use of biological resources and associated knowledge.
Biodiversity Management Committees (BMCs) : Encourages local communities and panchayats to manage biodiversity sustainably.
Access and Benefit Sharing : Ensures fair sharing of benefits derived from the use of biological resources, especially with indigenous communities.
Regulation of Bioprospecting : Controls the commercial use of genetic resources to prevent biopiracy.
Inclusion of Local Knowledge : Acknowledges traditional knowledge and its role in biodiversity conservation.
All 72 Sections of the Biological Diversity Act 2002
Sec. 1 Short title, extent and commencement →
Sec. 2 Definitions →
Sec. 3 Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority →
Sec. 4 Results of research not to be transferred to certain persons without approval of National Biodiversity Authority →
Sec. 5 Certain provisions not to apply to certain collaborative research projects →
Sec. 6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority →
Sec. 7 Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes →
Sec. 8 Establishment of National Biodiversity Authority →
Sec. 9 Conditions of service of Chairperson, members and Member-Secretary →
Sec. 10 Chairperson to be Chief Executive of National Biodiversity Authority →
Sec. 10A Member Secretary →
Sec. 11 Removal of members →
Sec. 12 Meetings of National Biodiversity Authority →
Sec. 13 Committees of National Biodiversity Authority →
Sec. 14 Officers and employees of National Biodiversity Authority →
Sec. 15 Authentication of orders and decisions of National Biodiversity Authority →
Sec. 16 Delegation of powers →
Sec. 17 Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India →
Sec. 18 Functions and powers of National Biodiversity Authority →
Sec. 19 Approval by National Biodiversity Authority for undertaking certain activities →
Sec. 20 Transfer of results of research →
Sec. 21 Determination of fair and equitable benefit sharing by National Biodiversity Authority →
Sec. 22 Establishment of State Biodiversity Board →
Sec. 23 Functions of State Biodiversity Board →
Sec. 24 Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc →
Sec. 25 Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board →
Sec. 26 Grants or loans by the Central Government →
Sec. 27 Constitution of National Biodiversity Fund →
Sec. 28 Annual report of National Biodiversity Authority →
Sec. 29 Budget, accounts and audit →
Sec. 30 Annual report to be laid before Parliament →
Sec. 31 Grants of money by State Government to State Biodiversity Board →
Sec. 32 Constitution of State Biodiversity Fund →
Sec. 33 Annual report of State Biodiversity Board →
Sec. 34 Audit of accounts of State Biodiversity Board →
Sec. 35 Annual report of State Biodiversity Board to be laid before State Legislature →
Sec. 36 Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity →
Sec. 36A Measures to be taken by National Biodiversity Authority →
Sec. 36B State Government to develop strategies and plans for conservation and sustainable use of biological diversity →
Sec. 37 Biodiversity heritage sites →
Sec. 38 Power of Central Government to notify threatened species →
Sec. 39 Power of Central Government to designate repositories →
Sec. 40 Provisions of this Act not to apply in certain cases →
Sec. 41 Constitutions of Biodiversity Management Committees →
Sec. 42 Grants to Local Biodiversity Fund →
Sec. 43 Constitution of Local Biodiversity Fund →
Sec. 44 Application of Local Biodiversity Fund →
Sec. 45 Annual statement of Biodiversity Management Committees →
Sec. 46 Audit of accounts of Biodiversity Management Committees →
Sec. 47 Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate →
Sec. 48 National Biodiversity Authority to be bound by the directions given by Central Government →
Sec. 49 Power of State Government to give directions →
Sec. 50 Settlement of disputes →
Sec. 51 Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants →
Sec. 52 Appeal →
Sec. 52A Appeal to National Green Tribunal →
Sec. 53 Execution of determination or order →
Sec. 54 Protection of action taken in good faith →
Sec. 55 Penalties →
Sec. 55A Adjudication of penalties →
Sec. 55B Power to enter, inspect, survey, etc →
Sec. 56 Penalty for contravention for directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards →
Sec. 57 Offences by companies →
Sec. 58 Omitted →
Sec. 59 Act to have effect in addition to other Acts →
Sec. 59A Act not to apply to certain persons →
Sec. 60 Power of Central Government to give directions to State Government →
Sec. 61 Cognizance of offences →
Sec. 62 Power of Central Government to make rules →
Sec. 63 Power of State Government to make rules →
Sec. 64 Power to make regulations →
Sec. 65 Power to remove difficulties →