The Biological Diversity Act, 2002 (Act No. 18 of 2003) provides for the 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 and associated traditional knowledge. It gives effect to India’s obligations as a Party to the UN Convention on Biological Diversity, 1992 and the Nagoya Protocol, 2010, and establishes a three-tier institutional structure of the National Biodiversity Authority, State Biodiversity Boards, and Biodiversity Management Committees. The Act was substantially amended by the Biological Diversity (Amendment) Act, 2023 (10 of 2023), with effect from 1 April 2024.
CHAPTER I — PRELIMINARY
CHAPTER II — REGULATION OF ACCESS TO BIOLOGICAL RESOURCES
- Section 3 — Certain persons not to undertake biodiversity related activities without approval of National Biodiversity Authority
- Section 4 — Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
- Section 5 — Certain provisions not to apply to certain collaborative research projects
- Section 6 — Application for intellectual property rights not to be made without approval of National Biodiversity Authority
- Section 7 — Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes
CHAPTER III — NATIONAL BIODIVERSITY AUTHORITY
- Section 8 — Establishment of National Biodiversity Authority
- Section 9 — Conditions of service of Chairperson, members and Member-Secretary
- Section 10 — Chairperson to be Chief Executive of National Biodiversity Authority
- Section 10A — Member Secretary
- Section 11 — Removal of members
- Section 12 — Meetings of National Biodiversity Authority
- Section 13 — Committees of National Biodiversity Authority
- Section 14 — Officers and employees of National Biodiversity Authority
- Section 15 — Authentication of orders and decisions of National Biodiversity Authority
- Section 16 — Delegation of powers
- Section 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
CHAPTER V — APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY
- Section 19 — Approval by National Biodiversity Authority for undertaking certain activities
- Section 20 — Transfer of results of research
- Section 21 — Determination of fair and equitable benefit sharing by National Biodiversity Authority
CHAPTER VI — STATE BIODIVERSITY BOARD
- Section 22 — Establishment of State Biodiversity Board
- Section 23 — Functions of State Biodiversity Board
- Section 24 — Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
- Section 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
- Section 26 — Grants or loans by the Central Government
- Section 27 — Constitution of National Biodiversity Fund
- Section 28 — Annual report of National Biodiversity Authority
- Section 29 — Budget, accounts and audit
- Section 30 — Annual report to be laid before Parliament
CHAPTER VIII — FINANCE, ACCOUNTS AND AUDIT OF STATE BIODIVERSITY BOARD
- Section 31 — Grants of money by State Government to State Biodiversity Board
- Section 32 — Constitution of State Biodiversity Fund
- Section 33 — Annual report of State Biodiversity Board
- Section 34 — Audit of accounts of State Biodiversity Board
- Section 35 — Annual report of State Biodiversity Board to be laid before State Legislature
CHAPTER IX — DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS
- Section 36 — Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity
- Section 36A — Measures to be taken by National Biodiversity Authority
- Section 36B — State Government to develop strategies and plans for conservation and sustainable use of biological diversity
- Section 37 — Biodiversity heritage sites
- Section 38 — Power of Central Government to notify threatened species
- Section 39 — Power of Central Government to designate repositories
- Section 40 — Provisions of this Act not to apply in certain cases
CHAPTER X — BIODIVERSITY MANAGEMENT COMMITTEES
CHAPTER XI — LOCAL BIODIVERSITY FUND
- Section 42 — Grants to Local Biodiversity Fund
- Section 43 — Constitution of Local Biodiversity Fund
- Section 44 — Application of Local Biodiversity Fund
- Section 45 — Annual statement of Biodiversity Management Committees
- Section 46 — Audit of accounts of Biodiversity Management Committees
- Section 47 — Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate
CHAPTER XII — MISCELLANEOUS
- Section 48 — National Biodiversity Authority to be bound by the directions given by Central Government
- Section 49 — Power of State Government to give directions
- Section 50 — Settlement of disputes
- Section 51 — Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
- Section 52 — Appeal
- Section 52A — Appeal to National Green Tribunal
- Section 53 — Execution of determination or order
- Section 54 — Protection of action taken in good faith
- Section 55 — Penalties
- Section 55A — Adjudication of penalties
- Section 55B — Power to enter, inspect, survey, etc.
- Section 56 — Penalty for contravention of directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards
- Section 57 — Offences by companies
- Section 58 — [Omitted]
- Section 59 — Act to have effect in addition to other Acts
- Section 59A — Act not to apply to certain persons
- Section 60 — Power of Central Government to give directions to State Government
- Section 61 — Cognizance of offences
- Section 62 — Power of Central Government to make rules
- Section 63 — Power of State Government to make rules
- Section 64 — Power to make regulations
- Section 65 — Power to remove difficulties
Note: The Biological Diversity Act, 2002 received the assent of the President on 5 February 2003 and was brought into force in phases from 1 October 2003 and 1 July 2004. It was substantially amended by the Biological Diversity (Amendment) Act, 2023 (10 of 2023), with effect from 1 April 2024, which inserted sections 10A, 36A, 36B, 55A, 55B and 59A, recast the penalty regime in sections 55–56 from criminal offences to a civil penalty adjudicated by an appointed officer, and omitted section 58.
