Sections Particulars
Chapter I Preliminary
1 Short title, extent and commencement
1.     This Act may be called the Biological Diversity Act, 2002. 2.     It extends to the whole of India. 3.     It shall come into force on such date as...
2 Definitions
In this Act, unless the context otherwise requires,- a.     "benefit claimers" means the conservers of biological resources, their by-products, creators and...
Chapter II Regulation of Access to Biological Diversity
3 Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
1.     No person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any biol gical resource occur...
4 Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
No person shall, without the previous approval of the National Biodiversity Authority, transfer the results of any research relating to a y biological resourc...
5 Sections 3 and 4 not to apply to certain collaborative research projects
1.     The provisions of sections 3 and 4 shall not apply to collaborative research projects involving transfer or exchange of biological resources or inform...
6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority
1.     No person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or in...
7 Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes
No person, who is a citizen of India or a body corporate, association or organisation which is registered in India, shall obtain any biological resource for c...
Chapter III National Biodiversity Authority
8 Establishment of National Biodiversity Authority
1.     With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established by the Central ...
9 Conditions of service of Chairperson and members
The term of office and conditions of service of the Chairperson and the other members other than ex officio members of the National Biodiversity Authority sha...
10 Chairperson to be Chief Executive of National Biodiversity Authority
The Chairperson shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and perform such duties, as may be prescrib...
11 Removal of members
The Central Government may remove from the National Biodiversity Authority any member who, in its opinion, has- a.     been adjudged as an insolvent; or b. ...
12 Meetings of National Biodiversity Authority
1.     The National Biodiversity Authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of busine...
13 Committees of National Biodiversity Authority
1.     The National Biodiversity Authority may constitute a committee to deal with agro-biodiversity. Explanation.-For the purposes of this sub-section, "ag...
14 Officers and employees of National Biodiversity Authority
1.     The National Biodiversity Authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functio...
15 Authentication of orders and decisions of National Biodiversity Authority
All orders and decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson or any other member authorised by t...
16 Delegation of powers
The National Biodiversity Authority may, by general or special order in writing, delegate to any member, officer of the National Biodiversity Authority or any...
17 Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
The salaries and allowances payable to the members and the administrative expenses of the National Biodiversity Authority including salaries, allowances and p...
Chapter IV Functions and Powers of the National Biodiversity Authority
18 Functions and powers of National Biodiversity Authority
1.     It shall be the duty of the National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by regulations issue guideli...
Chapter V Approval by the National Biodiversity Authority
19 Approval by National Biodiversity Authority for undertaking certain activities
1.     Any person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring in India or knowledge associated theret...
20 Transfer of biological resource or knowledge
1.     No person who has been granted approval under section 19 shall transfer any biological resource or knowledge associated thereto which is the subject m...
21 Determination of equitable benefit sharing by National Biodiversity Authority
1.     The National Biodiversity Authority shall while granting approvals under section 19 or section 20 ensure that the terms and conditions subject to whic...
Chapter VI State Biodiversity Board
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...
23 Functions of State Biodiversity Board
The functions of the State Biodiversity Board shall be to- a.     advise the State Government, subject to any guidelines issued by the Central Government, o...
24 Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
1.     Any citizen of India or a body corporate, organisation or association registered in India intending to undertake any activity referred to in section 7...
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.     re...
Chapter VII Finance, Accounts and Audit of National Biodiversity Authority
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 l...
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 t...
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 ac...
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 rele...
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 Parliame...
Chapter VIII Finance, Accounts and Audit of State Biodiversity Board
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...
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 t...
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 accoun...
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, ...
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 Legis...
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
1.     The Central Government shall develop national strategies, plans, programmes for the conservation and promotion and sustainable use of biological diver...
37 Biodiversity heritage sites
1.     Without prejudice to any other law for the time being in force, the State Government may, from time to time in consultation with the local bodies, not...
38 Power of Central Government to notify threatened species
Without prejudice to the provisions of any other law for the time being in force, the Central Government, in consultation with the concerned State Government,...
39 Power of Central Government to designate repositories
1.     The Central Government may, in consultation with the National Biodiversity Authority, designate institutions as repositories under this Act for differ...
40 Power of Central Government to exempt certain biological resources
Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity Authority, by notification in the O...
Chapter X Biodiversity Management Committees
41 Constitution of Biodiversity Management Committees
1.     Every local body shall constitute a Biodiversity Management Committee within its area for the purpose of promoting conservation, sustainable use and d...
Chapter XI Local Biodiversity Fund
42 Grants to Local Biodiversity Fund
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 loa...
43 Constitution of Local Biodiversity Fund
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 sel...
44 Application of Local Biodiversity Fund
1.     Subject to the provisions of sub-section (2), the management and the custody of the Local Biodiversity Fund and the purposes for which such Fund shall...
45 Annual report of Biodiversity Management Committees
The person holding the custody of the Local Biodiversity Fund shall prepare, in such form and during each financial year at such time as may be prescribed, it...
46 Audit of accounts of Biodiversity Management Committees
The accounts of the Local Biodiversity Fund shall be maintained and audited in such manner as may, in consultation with the Accountant-General of the State, b...
47 Annual report, etc., of the Biodiversity Management Committee to be submitted to District Magistrate
Every local body constituting a Biodiversity Management Committee under sub-section (1) of section 41, shall cause, the annual report and audited co y of acco...
Chapter XII Miscellaneous
48 National Biodiversity Authority to be bound by the directions given by Central Government
1.     Without prejudice to the foregoing provisions of this Act, the National Biodiversity Authority shall, in the discharge of its functions and duties und...
49 Power of State Government to give directions
1.     Without prejudice to the foregoing provisions of this Act, the State Biodiversity Board shall, in the discharge of its functions and duties under this...
50 Settlement of disputes between State Biodiversity Boards
1.     If a dispute arises between the National Biodiversity Authority and a State Biodiversity Board, the said Authority or the Board, as the case may be, m...
51 Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
All members, officers and other employees of the National Biodiversity Authority or the State Biodiversity Board shall be deemed, w en acting or purporting to...
52 Appeal
Any person, aggrieved by any determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act, ma...
53 Execution of determination or order
Every determination of benefit sharing or order made by the National Biodiversity Authority or a State Biodiversity Board under this Act or the order made by ...
54 Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the Central Government or the State Government or any officer of the Central Government or t...
55 Penalties
1.     Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 3 or section 4 or section 6 shall be punishable ...
56 Penalty for contravention of directions of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards
If any person contravenes any direction given or order made by the Central Government, the State Government , the National Biodiversity Authority or the State...
57 Offences by companies
1.     Where an offence or contravention under this Act has been committed by a company, every person who at the time the offence or contravention was commit...
58 Offences to be cognizable and non-bailable
The offences under this Act shall be cognizable and non-bailable....
59 Act to have effect in addition to other Acts
The provisions of this Act shall be in addition to, and not in derogation of, the provisions in any other law, for the time being in force, relating to forest...
60 Power of Central Government to give directions to State Government
The Central Government may give directions to any State Government as to the carrying into execution in the State of any of the provisions of this Act or of a...
61 Cognizance of offences
No Court shall take cognizance of any offence under this Act except on a complaint made by- a.     the Central Government or any authority or officer authori...
62 Power of Central Government to make rules
1.     The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 2.     In particular, and...
63 Power of State Government to make rules
1.     The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 2.     In particular, and w...
64 Power to make regulations
The National Biodiversity Authority shall, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations for...
65 Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, not inconsistent with the provisions of...
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