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The Biological Diversity Act, 2002

Central

An Act to provide for 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, knowledge and for matters connected therewith or incidental thereto.

Act number
18 of 2003
Ministry
Ministry of Environment, Forest and Climate Change
Enacted
5 Feb 2003

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

72 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority.
  4. Section 4Results of research not to be transferred to certain persons without approval of National Biodiversity Authority.
  5. Section 5Certain provisions not to apply to certain collaborative research projects.
  6. Section 6Application for intellectual property rights not to be made without approval of National Biodiversity Authority.
  7. Section 7Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes.
  8. Section 8Establishment of National Biodiversity Authority.
  9. Section 9Conditions of service of Chairperson, members and Member-Secretary.
  10. Section 10Chairperson to be Chief Executive of National Biodiversity Authority.
  11. Section 10AMember Secretary.
  12. Section 11Removal of members.
  13. Section 12Meetings of National Biodiversity Authority.
  14. Section 13Committees of National Biodiversity Authority.
  15. Section 14Officers and employees of National Biodiversity Authority.
  16. Section 15Authentication of orders and decisions of National Biodiversity Authority.
  17. Section 16Delegation of powers.
  18. Section 17Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India.
  19. Section 18Functions and powers of National Biodiversity Authority.
  20. Section 19Approval by National Biodiversity Authority for undertaking certain activities.
  21. Section 20Transfer of results of research.
  22. Section 21Determination of fair and equitable benefit sharing by National Biodiversity Authority.
  23. Section 22Establishment of State Biodiversity Board.
  24. Section 23Functions of State Biodiversity Board.
  25. Section 24Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.
  26. Section 25Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.
  27. Section 26Grants or loans by the Central Government.
  28. Section 27Constitution of National Biodiversity Fund.
  29. Section 28Annual report of National Biodiversity Authority.
  30. Section 29Budget, accounts and audit.
  31. Section 30Annual report to be laid before Parliament.
  32. Section 31Grants of money by State Government to State Biodiversity Board.
  33. Section 32Constitution of State Biodiversity Fund.
  34. Section 33Annual report of State Biodiversity Board.
  35. Section 34Audit of accounts of State Biodiversity Board.
  36. Section 35Annual report of State Biodiversity Board to be laid before State Legislature.
  37. Section 36Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity.
  38. Section 36AMeasures to be taken by National Biodiversity Authority.
  39. Section 36BState Government to develop strategies and plans for conservation and sustainable use of biological diversity.
  40. Section 37Biodiversity heritage sites.
  41. Section 38Power of Central Government to notify threatened species.
  42. Section 39Power of Central Government to designate repositories.
  43. Section 40Provisions of this Act not to apply in certain cases.
  44. Section 41Constitutions of Biodiversity Management Committees.
  45. Section 42Grants to Local Biodiversity Fund.
  46. Section 43Constitution of Local Biodiversity Fund.
  47. Section 44Application of Local Biodiversity Fund.
  48. Section 45Annual statement of Biodiversity Management Committees.
  49. Section 46Audit of accounts of Biodiversity Management Committees.
  50. Section 47Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate.
  51. Section 48National Biodiversity Authority to be bound by the directions given by Central Government.
  52. Section 49Power of State Government to give directions.
  53. Section 50Settlement of disputes.
  54. Section 51Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants.
  55. Section 52Appeal.
  56. Section 52AAppeal to National Green Tribunal.
  57. Section 53Execution of determination or order.
  58. Section 54Protection of action taken in good faith.
  59. Section 55Penalties.
  60. Section 55AAdjudication of penalties.
  61. Section 55BPower to enter, inspect, survey, etc.
  62. Section 56Penalty for contravention for directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards.
  63. Section 57Offences by companies.
  64. Section 58Omitted.
  65. Section 59Act to have effect in addition to other Acts.
  66. Section 59AAct not to apply to certain persons.
  67. Section 60Power of Central Government to give directions to State Government.
  68. Section 61Cognizance of offences.
  69. Section 62Power of Central Government to make rules.
  70. Section 63Power of State Government to make rules.
  71. Section 64Power to make regulations.
  72. Section 65Power to remove difficulties.