Chapter 11 of The Biological Diversity Act

(1) The Central Government may, in consultation with the National Biodiversity Authority, designate institutions as repositories under this Act for different categories of biological resources.
(2) The repositories shall keep in safe custody the biological material including voucher specimens deposited with them.
(3) Any new tax on discovered by any person shall be notified to the repositories or any institution designated for this purpose and he shall deposit the voucher specimens with such repository or institution.

1[40. Provisions of this Act not to apply in certain cases. –Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity Authority, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall not apply to biological resources when normally traded as commodities or to the items derived from them, including agricultural wastes, as notified and cultivated medicinal plants and their products for entities covered under section 7, registered as per the regulations made or as may prescribed:
Provided that no exemption shall be made for the activities referred to in sub-sections (1) and (2) of section 6.]1. Subs. by Act 10 of 2023, s. 29, for section 40 (w.e.f. 1-4-2024).

1[(1) Every local body at the Gram Panchayat level in the rural areas and at the Nagar Panchayat or Municipal Committee at Municipal Corporation level in the urban areas shall constitute a Biodiversity Management Committee (by whatever name called) within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of landraces, folk varieties, farmers’ varieties, and cultivars, domesticated stocks and breeds of animals, living things in water bodies and microorganisms and chronicling of knowledge relating to biological diversity:
Provided that the State Government may constitute Biodiversity Management Committees at the intermediate or district Panchayat level for achieving the objectives of the Act.
(1A) The functions of Biodiversity Management Committee so constituted shall include conservation, sustainable use and documentation of biological diversity, including conservation of habitats, landraces, folk varieties, cultivars, domesticated breeds of animals, and microorganisms, and chronicling of traditional knowledge associated thereto relating to biological diversity:
(1B) The composition of the Biodiversity Management Committee shall be such as may be prescribed by the State Government:
Provided that the number of members of the said Committee shall not be less than seven and not exceeding eleven.]
(2) The National Biodiversity Authority and the State Biodiversity Boards shall consult the Biodiversity Management Committees while taking any decision relating to the use of biological resources 2[or traditional knowledge associated thereto] occurring within the territorial jurisdiction of the Biodiversity Management Committee.
3[Explanation. –For the purposes of this section–
(a) “cultivar” means a veriety of plant that has originated and persisted under cultivation or was specifically bred for the purpose of cultivation;
(b) “folk variety” means a cultivated variety of plant that was developed, grown and exchanged informally among farmers;
(c) “landrace” means primitive cultivar that was grown by ancient farmers and their successors;
(d) “farmers’ variety” means a veriety which–
(i) has been traditionally cultivated and evolved by the farmers in their field; or
(ii) is a wild relative or landrace of a veriety about which the farmers possess the common knowledge.]
(3) The Biodiversity Management Committees may levy charges by way of collection fees from any person for accessing or collecting any biological resource for commercial purposes from areas falling within its territorial jurisdiction.1. Subs. by Act 10 of 2023, s. 30, for sub-section (1) (w.e.f. 1-4-2024).
2. Subs. by s. 30, ibid., for “and knowledge associated with such resources” (w.e.f. 1-4-2024).
3. Ins. by s. 30, ibid., (w.e.f. 1-4-2024).

The State Government may, after due appropriation made by State Legislature by law in this behalf, pay to the Local Biodiversity Funds by way of grants or loans such sums of money as the State Government may think fit for being utilised for the purposes of this Act.

(1) There shall be constituted a Fund to be called the Local Biodiversity Fund at every area notified by the State Government where any institution of self-government is functioning and there shall be credited thereto–
(a) any grants and loans made under section 42;
(b) any grants or loans made by the National Biodiversity Authority;
(c) any grants or loans made by the State Biodiversity Boards;
(d) fees referred to in sub-section (3) of section 41 received by the Biodiversity Management Committees;
1[(e) benefit sharing amount and all other sums received by the Local Biodiversity Fund from such other sources as may be decided by the State Government.]1. Subs. by Act 10 of 2023, s. 31, for clause (e) (w.e.f. 1-4-2024).

1[44. Application of Local Biodiversity Fund.–(1) The Local Biodiversity Fund shall be utilised in accordance with the regulations and the guidelines made in this behalf, for–
(a) the conservation and promotion of biodiversity including restoration of areas falling within the jurisdiction of concerned local body;
(b) the socio-economic development of the community without compromising the conservation concerns; and
(c) the administrative expenses of the Biodiversity Management Committee.
(2) The Fund shall be utilised in such manner as may be prescribed by the State Government.].1. Subs. by Act 10 of 2023, s. 32, for section 44 (w.e.f. 1-4-2024).