The Biological Diversity Act, 2002
Administered Ministry: Ministry of Environment, Forest and Climate Change
Section
Section 20 Transfer of results of research.
20. Transfer of 1 [results of research]. --2[(1) Any person or entity who intends to transfer the results of any research on biological resources, which are found in or brought from India, including those deposited in repositories outside India or traditional knowledge associated thereto, to persons referred to under sub-section (2) of section 3 for monetary consideration or otherwise, he shall make an application to the National Biodiversity Authority in such form, and on payment of such fee, as may be prescribed.]
(2) Any person who intends to transfer 3[the results of research] referred to in sub-section (1) shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
4[(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after making such enquiries, as it deems fit, by order, grant approval, subject to such terms and conditions, as it may deem fit, including benefit sharing or otherwise, as per the guidelines or for reasons to be recorded in writing, or reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person concerned.
(4) The National Biodiversity Authority shall place in public domain the details of every approval granted or rejected under this section.]
(2) Any person who intends to transfer 3[the results of research] referred to in sub-section (1) shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
4[(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after making such enquiries, as it deems fit, by order, grant approval, subject to such terms and conditions, as it may deem fit, including benefit sharing or otherwise, as per the guidelines or for reasons to be recorded in writing, or reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person concerned.
(4) The National Biodiversity Authority shall place in public domain the details of every approval granted or rejected under this section.]
1. Subs. by Act 10 of 2023, s. 18, for "biological resource or knowledge" (w.e.f. 1-4-2024).
2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-4-2024).
3. Subs. by s. 18, ibid., for "any biological resource or knowledge associated thereto" (w.e.f. 1-4-2024).
4. Subs. by s. 18, ibid., for sub-sections (3) and (4) (w.e.f. 1-4-2024).
2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-4-2024).
3. Subs. by s. 18, ibid., for "any biological resource or knowledge associated thereto" (w.e.f. 1-4-2024).
4. Subs. by s. 18, ibid., for sub-sections (3) and (4) (w.e.f. 1-4-2024).
Section 21 Determination of fair and equitable benefit sharing by National Biodiversity Authority. 1 docs
21. Determination of 1[fair and equitable] benefit sharing by National Biodiversity Authority.--2[(1) The National Biodiversity Authority shall, while determining benefit sharing for the approval granted under this Act, ensure that the terms and conditions subject to which the approval is granted secures fair and equitable sharing of benefits arising out of the use of accessed biological resources, their derivatives, innovations and practices associated with their use and applications and knowledge relating thereto in accordance with mutually agreed terms and conditions between the person applying for such approval, and the Biodiversity Management Committee represented by the National Biodiversity Authority.]
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely:--
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with research and development in biological resources and bio-survey and bio-utilisation;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as the National Biodiversity Authority may deem fit.
(3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity Authority may direct the amount to be deposited in the National Biodiversity Fund:
3[1 Provided that where biological resource or associated knowledge was a result of access from an individual or group of individuals or organisations, the National Biodiversity Authority may direct that the amount shall be paid directly to such benefit claimer or organisation in accordance with the terms of any agreement and in such manner as it deems fit.]
(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the Central Government, by regulations, frame guidelines.
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, determine the benefit sharing which shall be given effect in all or any of the following manner, namely:--
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, or where benefit claimers are identified, to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which will facilitate better living standards to the benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with research and development in biological resources and bio-survey and bio-utilisation;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as the National Biodiversity Authority may deem fit.
(3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity Authority may direct the amount to be deposited in the National Biodiversity Fund:
3[1 Provided that where biological resource or associated knowledge was a result of access from an individual or group of individuals or organisations, the National Biodiversity Authority may direct that the amount shall be paid directly to such benefit claimer or organisation in accordance with the terms of any agreement and in such manner as it deems fit.]
(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the Central Government, by regulations, frame guidelines.
1. Subs. by Act 10 of 2023, s. 19, for "equitable" (w.e.f. 1-4-2024).
2. Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 1-4-2024).
3. Subs. by s. 19, ibid., for the proviso (w.e.f. 1-4-2024)
2. Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 1-4-2024).
3. Subs. by s. 19, ibid., for the proviso (w.e.f. 1-4-2024)
Section 22 Establishment of State Biodiversity Board.
(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established by that Government for the purposes of this Act, a Board for the State to be known as the______________ (name of the State) Biodiversity Board.
(2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory:
Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all or any of its powers or functions under this sub-section to such person or group of persons 1[or body] as the Central Government may specify.
(3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(4) The Board shall consist of the following members, namely:--
2[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and experience in the conservation and sustainable use of biological diversity and in matters relating to fair and equitable sharing of benefits, to be appointed by the State Government;
(b) not more than seven ex officio members to be appointed by the State Government to represent the concerned departments of the State Government, including departments dealing Panchayati Raj and tribal affiairs;
(c) not more than five non-official members to be appointed from amongst experts, including legal experts, scientists having special knowledge, expertise and work experience in matters relating to conservation of biological diversity, sustainable use of biological resources and fair and equitable sharing of benefits arising out of the use of biological resources.]
(5) The head office of the State Biodiversity Board shall be at such place as the State Government may, by notification in the Official Gazette, specify.
(2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory:
Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all or any of its powers or functions under this sub-section to such person or group of persons 1[or body] as the Central Government may specify.
(3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(4) The Board shall consist of the following members, namely:--
2[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and experience in the conservation and sustainable use of biological diversity and in matters relating to fair and equitable sharing of benefits, to be appointed by the State Government;
(b) not more than seven ex officio members to be appointed by the State Government to represent the concerned departments of the State Government, including departments dealing Panchayati Raj and tribal affiairs;
(c) not more than five non-official members to be appointed from amongst experts, including legal experts, scientists having special knowledge, expertise and work experience in matters relating to conservation of biological diversity, sustainable use of biological resources and fair and equitable sharing of benefits arising out of the use of biological resources.]
(5) The head office of the State Biodiversity Board shall be at such place as the State Government may, by notification in the Official Gazette, specify.
1. Ins. by Act 10 of 2023, s. 20, (w.e.f. 1-4-2024).
2. Subs. by s. 21, ibid., for clauses (a) and (b) (w.e.f. 1-4-2024)
2. Subs. by s. 21, ibid., for clauses (a) and (b) (w.e.f. 1-4-2024)
Section 23 Functions of State Biodiversity Board.
The functions of the State Biodiversity Board shall be to--
1[(a) advise the State Government on matters relating to the conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the utilisation of biological resources or traditional knowledge associated thereto, in conformity with the regulations or guidelines if any, issued by the Central Government or the National Biodiversity Authority;
(b) regulate any activity referred to in section 7 by granting or rejecting approvals;
(ba) determine the fair and equitable sharing of benefits as provided under the regulations made in this behalf by the National Biodiversity Authority while granting approvals;]
(c) perform such other functions as may be necessary to carry out the provisions of this Act or as may be prescribed by the State Government.
1[(a) advise the State Government on matters relating to the conservation of biodiversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the utilisation of biological resources or traditional knowledge associated thereto, in conformity with the regulations or guidelines if any, issued by the Central Government or the National Biodiversity Authority;
(b) regulate any activity referred to in section 7 by granting or rejecting approvals;
(ba) determine the fair and equitable sharing of benefits as provided under the regulations made in this behalf by the National Biodiversity Authority while granting approvals;]
(c) perform such other functions as may be necessary to carry out the provisions of this Act or as may be prescribed by the State Government.
1. Subs. by Act 10 of 2023, s. 21, for clauses (a) and (b) (w.e.f. 1-4-2024).
Section 24 Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
1[(1) Any person other than the person referred to in sub-section (2) of section 3, intending to undertake any activity covered under section 7, shall give prior intimation to the State Biodiversity Board, in such form as may be prescribed by the State Government.]
2[(2) If the State Biodiversity Board is of the opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity of fair and equitable sharing of benefits arising out of such activity, it may by order, restrict or reject such activity:
Provided that no such order or rejection shall be made without giving an opportunity of being heard to the person concerned.
(3) The State Biodiversity Board shall place in public domain the details of every approval granted or rejected under this section.]
2[(2) If the State Biodiversity Board is of the opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity of fair and equitable sharing of benefits arising out of such activity, it may by order, restrict or reject such activity:
Provided that no such order or rejection shall be made without giving an opportunity of being heard to the person concerned.
(3) The State Biodiversity Board shall place in public domain the details of every approval granted or rejected under this section.]
1. Subs. by Act 10 of 2023, s. 22, for sub-section (1) (w.e.f. 1-4-2024).
2. Subs. by s. 22, ibid., for sub-sections (2) and (3) (w.e.f. 1-4-2024).
2. Subs. by s. 22, ibid., for sub-sections (2) and (3) (w.e.f. 1-4-2024).
Section 25 Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
The provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the following modifications, namely:--
(a) references to the Central Government shall be construed as references to the State Government;
(b) references to the National Biodiversity Authority shall be construed as references to the State Biodiversity Board;
(c) reference to the Consolidated Fund of India shall be construed as reference to the Consolidated Fund of the State.
(a) references to the Central Government shall be construed as references to the State Government;
(b) references to the National Biodiversity Authority shall be construed as references to the State Biodiversity Board;
(c) reference to the Consolidated Fund of India shall be construed as reference to the Consolidated Fund of the State.
Section 26 Grants or loans by the Central Government.
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the National Biodiversity Authority by way of grants or loans such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
Section 27 Constitution of National Biodiversity Fund.
(1) There shall be constituted a Fund to be called the National Biodiversity Fund and there shall be credited thereto--
(a) any grants and loans made to the National Biodiversity Authority under section 26;
1[(b) all sums including charges and benefit sharing amount received by the National Biodiversity Authority;]
(c) all sums received by the National Biodiversity Authority from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be 2[utilised] for--
(a) channeling benefits to the benefit claimers;
3[(b) conservation, promotion and sustainable use of biological resources;
(c) socio-economic development of areas from where such biological resources or traditional knowledge associated thereto have been accessed in consultation with the Biodiversity Management Committee:
Provided that when it is not possible to identify the area from where the biological resources or traditional knowledge associated thereto have been accessed, the fund shall be utilised for socio-economic development of the area where such biological resources occur;
(d) activities to meet the purposes of the Act.]
(a) any grants and loans made to the National Biodiversity Authority under section 26;
1[(b) all sums including charges and benefit sharing amount received by the National Biodiversity Authority;]
(c) all sums received by the National Biodiversity Authority from such other sources as may be decided upon by the Central Government.
(2) The Fund shall be 2[utilised] for--
(a) channeling benefits to the benefit claimers;
3[(b) conservation, promotion and sustainable use of biological resources;
(c) socio-economic development of areas from where such biological resources or traditional knowledge associated thereto have been accessed in consultation with the Biodiversity Management Committee:
Provided that when it is not possible to identify the area from where the biological resources or traditional knowledge associated thereto have been accessed, the fund shall be utilised for socio-economic development of the area where such biological resources occur;
(d) activities to meet the purposes of the Act.]
1. Subs. by Act 10 of 2023, s. 23, for clause (b) (w.e.f. 1-4-2024).
2. Subs. by s. 23, ibid., for "applied" (w.e.f. 1-4-2024).
3. Subs. by s. 23, ibid., for clauses (b) and (c) (w.e.f. 1-4-2024).
2. Subs. by s. 23, ibid., for "applied" (w.e.f. 1-4-2024).
3. Subs. by s. 23, ibid., for clauses (b) and (c) (w.e.f. 1-4-2024).
Section 28 Annual report of National Biodiversity Authority.
The National Biodiversity Authority shall prepare, in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and furnish, to the Central Government, before such date as may be prescribed, its audited copy of accounts together with auditors report thereon.
Section 29 Budget, accounts and audit.
(1) The National Biodiversity Authority shall prepare a budget, maintain proper accounts and other relevant records (including the accounts and other relevant records of the National Biodiversity Fund) and prepare an annual statement of account in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the National Biodiversity Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National Biodiversity Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the National Biodiversity Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the National Biodiversity Authority.
(4) The accounts of the National Biodiversity Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report there on shall be forwarded annually to the Central Government.
(2) The accounts of the National Biodiversity Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the National Biodiversity Authority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person appointed by him in connection with the audit of the accounts of the National Biodiversity Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the National Biodiversity Authority.
(4) The accounts of the National Biodiversity Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report there on shall be forwarded annually to the Central Government.
Section 30 Annual report to be laid before Parliament.
The Central Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before each House of Parliament.
Section 31 Grants of money by State Government to State Biodiversity Board.
The State Government may, after due appropriation made by the State Legislature by law in this behalf, pay to the State Biodiversity Board 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.
Section 32 Constitution of State Biodiversity Fund.
(1) There shall be constituted a Fund to be called the State Biodiversity Fund and there shall be credited thereto --
(a) any grants and loans made to the State Biodiversity Board under section 31;
(b) any grants or loans made by the National Biodiversity Authority;
1[(c) all sums including charges and benefit sharing amount received by the State Biodiversity Board and from such other sources as may be decided by the State Government;]
(2) The State Biodiversity Fund shall be 2[utilised] for--
3[(aa) channelling benefits to the benefit claimers;]
(b) compensating or rehabilitating any section of the people economically affected by notification under sub-section (1) of section 37;
4[(c) conservation, promotion and sustainable use of biological resources;]
5[(d) socio-economic development of areas from where such biological resources or traditional knowledge associated thereto have been accessed in consultation with the Biodiversity Management Committee or local body concerned:
Provided that when it is not possible to identify the area from where the biological resources or associated knowledge have been accessed, the fund shall be utilised for socio-economic development of the area where such biological resources occur;]
6[(e) making grants or loans to the Biodiversity Management Committees;
(f) the activities to meet the purposes of the Act.]
(a) any grants and loans made to the State Biodiversity Board under section 31;
(b) any grants or loans made by the National Biodiversity Authority;
1[(c) all sums including charges and benefit sharing amount received by the State Biodiversity Board and from such other sources as may be decided by the State Government;]
(2) The State Biodiversity Fund shall be 2[utilised] for--
3[(aa) channelling benefits to the benefit claimers;]
(b) compensating or rehabilitating any section of the people economically affected by notification under sub-section (1) of section 37;
4[(c) conservation, promotion and sustainable use of biological resources;]
5[(d) socio-economic development of areas from where such biological resources or traditional knowledge associated thereto have been accessed in consultation with the Biodiversity Management Committee or local body concerned:
Provided that when it is not possible to identify the area from where the biological resources or associated knowledge have been accessed, the fund shall be utilised for socio-economic development of the area where such biological resources occur;]
6[(e) making grants or loans to the Biodiversity Management Committees;
(f) the activities to meet the purposes of the Act.]
1. Subs. by Act 10 of 2023, s. 24, for clause (c) (w.e.f. 1-4-2024).
2. Subs. by s. 24, ibid., for "applied" (w.e.f. 1-4-2024).
3. Ins. by s. 24, ibid. (w.e.f. 1-4-2024).
4. Subs. by s. 24, ibid., for clause (c) (w.e.f. 1-4-2024).
5. Subs. by s. 24, ibid., for clause (d) (w.e.f. 1-4-2024).
6. Subs. by s. 24, ibid, for clause (e) (w.e.f. 1-4-2024).
2. Subs. by s. 24, ibid., for "applied" (w.e.f. 1-4-2024).
3. Ins. by s. 24, ibid. (w.e.f. 1-4-2024).
4. Subs. by s. 24, ibid., for clause (c) (w.e.f. 1-4-2024).
5. Subs. by s. 24, ibid., for clause (d) (w.e.f. 1-4-2024).
6. Subs. by s. 24, ibid, for clause (e) (w.e.f. 1-4-2024).
Section 33 Annual report of State Biodiversity Board.
The State Biodiversity Board shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the State Government.
Section 34 Audit of accounts of State Biodiversity Board.
The accounts of the State Biodiversity Board shall be maintained and audited in such manner as may, in consultation with the Accountant-General of the State, be prescribed and the State Biodiversity Board shall furnish, to the State Government, before such date as may be prescribed, its audited copy of accounts together with auditor's report thereon.
Section 35 Annual report of State Biodiversity Board to be laid before State Legislature.
The State Government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before the House of State Legislature.
Section 36 Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity.
1[Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity.]--(1) The Central Government shall 2[in consultation with the State Government and Union territories] develop national strategies, plans, programmes for the conservation and promotion and sustainable use of biological diversity including measures for identification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ, 3[conservation of biological resources, including cultivars, folk varieties and landraces, incentives] for research, training and public education to increase awareness with respect to biodiversity.
(2) Where the Central Government has reason to believe that any area rich in biological diversity, biological resources and their habitats is being threatened by overuse, abuse or neglect, it shall issue directives to the concerned State Government to take immediate ameliorative measures, offering such State Government any technical and other assistance that is possible to be provided or needed.
(3) The Central Government shall, as far as practicable wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant 4[sectoral policies or cross-sectoral plans and programmes].
(4) The Central Government shall undertake measure,--
(i) wherever necessary, for assessment of environmental impact of that project which is likely to have adverse effect on biological diversity, with a view to avoid or minimise such effects and where appropriate provide for public participation in such assessment;
(ii) to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology likely to have adverse impact on the conservation and sustainable use of biological diversity and human health.
(5) The Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the National Biodiversity Authority through such measures, which may include registration of such knowledge at the local, State or national levels, and other measures for protection, including sui generis system.
5[(6) The Central Government shall involve the National Biodiversity Authority or State Biodiversity Boards to undertake measures for conservation and sustainable use of biological diversity or traditional knowledge associated thereto.]
Explanation. -- For the purposes of this section,--
(a) "ex situ conservation" means the conservation of components of biological diversity outside their natural habitats;
(b) "in situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.
(2) Where the Central Government has reason to believe that any area rich in biological diversity, biological resources and their habitats is being threatened by overuse, abuse or neglect, it shall issue directives to the concerned State Government to take immediate ameliorative measures, offering such State Government any technical and other assistance that is possible to be provided or needed.
(3) The Central Government shall, as far as practicable wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant 4[sectoral policies or cross-sectoral plans and programmes].
(4) The Central Government shall undertake measure,--
(i) wherever necessary, for assessment of environmental impact of that project which is likely to have adverse effect on biological diversity, with a view to avoid or minimise such effects and where appropriate provide for public participation in such assessment;
(ii) to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology likely to have adverse impact on the conservation and sustainable use of biological diversity and human health.
(5) The Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the National Biodiversity Authority through such measures, which may include registration of such knowledge at the local, State or national levels, and other measures for protection, including sui generis system.
5[(6) The Central Government shall involve the National Biodiversity Authority or State Biodiversity Boards to undertake measures for conservation and sustainable use of biological diversity or traditional knowledge associated thereto.]
Explanation. -- For the purposes of this section,--
(a) "ex situ conservation" means the conservation of components of biological diversity outside their natural habitats;
(b) "in situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.
1. Subs. by Act 10 of 2023, s. 25, for the marginal heading (w.e.f. 1-4-2024).
2. Ins. by s. 25, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 25, ibid., for "conservation of biological resources, incentives" (w.e.f. 1-4-2024).
4. Subs. by s. 25, ibid., for "sectoral or cross-sectoral plans, programmes and policies" (w.e.f. 1-4-2024).
5. Ins. by s. 25, ibid (w.e.f. 1-4-2024).
6. Ins. by s. 26, ibid (w.e.f. 1-4-2024).
2. Ins. by s. 25, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 25, ibid., for "conservation of biological resources, incentives" (w.e.f. 1-4-2024).
4. Subs. by s. 25, ibid., for "sectoral or cross-sectoral plans, programmes and policies" (w.e.f. 1-4-2024).
5. Ins. by s. 25, ibid (w.e.f. 1-4-2024).
6. Ins. by s. 26, ibid (w.e.f. 1-4-2024).
Section 36A Measures to be taken by National Biodiversity Authority.
1[36A. Measures to be taken by National Biodiversity Authority.--The Central Government may authorise National Biodiversity Authority or any other organisation to take any measure necessary to monitor and regulate within the territory of India, the access and utilisation of biological resources obtained from a foreign country in order to meet the international obligations to which India is a signatory.
1. Ins. by s. 26, Act 10 of 2023 (w.e.f. 1-4-2024).
Section 36B State Government to develop strategies and plans for conservation and sustainable use of biological diversity.
1[36B. State Government to develop strategies and plans for conservation and sustainable use of biological diversity.--(1) The State Government shall develop strategies, plans, programmes for the conservation and promotion and sustainable use of biological diversity, including measures for indentification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ, conservation of biological resources, including cultivars, folk varieties and landraces, incentives for research, training and public education to increase awareness with respect to biodiversity, in conformity with the national strategies, plans and programmes.
(2) The State Government shall, as far as practicable, wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant sectoral policies or cross-sectoral plans and programmes.]
(2) The State Government shall, as far as practicable, wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant sectoral policies or cross-sectoral plans and programmes.]
1. Ins. by Act 10 of 2023, s. 26, (w.e.f. 1-4-2024).
Section 37 Biodiversity heritage sites.
1[(1) Without prejudice to any other law for the time being in force, based on the recommendations of the State Biodiversity Board, the State Government may, from time to time, notify in the Official Gazette, areas of biodiversity importance as biodiversity heritage sites under this Act:
Provided that the State Biodiversity Board shall consult the local body and the Biodiversity Management Committee concerned before making such recommendations.]
(2) The State Government, in consultation with the Central Government, may frame rules for the management and conservation of all the 2[biodiversity heritage sites].
(3) The State Government shall frame schemes for compensating or rehabilitating any person or section of people economically affected by such notification.
Provided that the State Biodiversity Board shall consult the local body and the Biodiversity Management Committee concerned before making such recommendations.]
(2) The State Government, in consultation with the Central Government, may frame rules for the management and conservation of all the 2[biodiversity heritage sites].
(3) The State Government shall frame schemes for compensating or rehabilitating any person or section of people economically affected by such notification.
1. Subs. by Act 10 of 2023, s. 27, for sub-section (1) (w.e.f. 1-4-2024).
2. Subs. by s. 27, ibid., for "heritage sites" (w.e.f. 1-4-2024)
2. Subs. by s. 27, ibid., for "heritage sites" (w.e.f. 1-4-2024)