Biodiversity Act Salient Provisions of Biological Diversity Act, 2002 Section - 3: All foreign national require approval from NBA for obtaining Biological Resources. Section - 4: Indian individuals/entities to seek approval before transferring knowledge / research and material to foreigners. Section - 5: Guidelines for Government sponsored collaborative research projects. Section - 6: Prior approval of NBA before applying for any kind of IPR based on research conducted on biological material and or associated knowledge obtained from India. Section - 7: Indians required to provide prior intimation to State Biodiversity Boards for obtaining biological material for commercial purposes. SBB can regulate such access. Growers and cultivators of Biological Diversity and vaids and hakims who are practicing Indian system of medicines and local people exempted. Section - 8: Establishment of NBA, its composition. Section - 13: Committees of NBA Section - 18: Functions and powers of NBA Section - 19: Approval by the NBA Section - 21: Determination of equitable benefit sharing by NBA Section - 22: Establishment of State Bio-diversity Boards Section - 23: Function of the State Bio-diversity Boards Section - 24: Powers of State Bio-diversity Boards Section - 26 : National Biodiversity Fund Section - 32: State Bio-diversity Fund Section - 36: Central Government to develop National strategies, plans etc. for conservation of biodiversity. Section - 36: (1A): Central Government to issue direction to State Governments to take corrective measures for conservation of biodiversity Section - 36 (3)(i): Impact assessment of developmental projects on biodiversity Section - 36 (3)(ii): Regulate release of GMOs Section - 36 (4): Measures for protecting the traditional knowledge Section - 37: Biodiversity heritage sites Section - 38: Notifications of threatened species Section - 39: Designation of repositories Section-40: Exemption for normally traded commodities from purview of the act. Section - 41: Establishment of Biodiversity Management Committees by local bodies. Section - 42: Local Biodiversity Fund Section - 52 A: Appeals to High Court on the decision of NBA / SBB Section - 53 B: Orders of NBA / SBB at par with civil courts. Section - 55: Penalties - imprisonment upto 5 years and or a fine of 10 lakhs or to the extent of damage caused. Section - 59: Act to have effect in addition to other Acts 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 Short title, extent and commencement This Act may be called the Biological Diversity Act, 2002. It extends to the whole of India. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Definitions In this Act, unless the context otherwise requires,- (a) "benefit claimers" means the conservers of biological resources, their byproducts, creators and holders of knowledge and information relating to the use of such biological resources, innovations and practices associated with such use and application; (b) "biological diversity" means the variability among living organisms from all sources and the ecological complexes of which they are part, and includes diversity within species or between species and of eco systems; (c) "biological resources" means plants, animals and micro organisms or parts thereof, their genetic material and by products (excluding value added products) with actual or potential use or value, but does not include human genetic material; (d) "bio survey and bio utilization" means survey or collection of species, subspecies, genes, components and extracts of biological resource for any purpose and includes characterization, inventorisation and bioassay; (e) "Chairperson" means the Chairperson of the National Biodiversity Authority or, as the case may be, of the State Biodiversity Board; (f) "commercial utilization" means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping; (g) "fair and equitable benefit sharing" means sharing of benefits as determined by the National Biodiversity Authority under section 21; (h) "local bodies" means Panchayats and Municipalities, by whatever name called, within the meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of self government constituted under any other provision of the Constitution or any Central Act or State Act; (i) "member" means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson; (j) "National Biodiversity Authority" means the National Biodiversity Authority established under section 8; (k) "prescribed" means prescribed by rules made under this Act; (l) "regulations" means regulations made under this Act; (m) "research" means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use; (n) "State Biodiversity Board" means the State Biodiversity Board established under section 22; (o) "sustainable use" means the use of components of biological diversity in such manner and at such rate that does not lead to the long term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations; (p) "value added products" means products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form. Functions and Powers of the National Biodiversity Authority 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 guidelines for access to biological resources and for fair and equitable benefit sharing. The National Biodiversity Authority may grant approval for undertaking any activity referred to in sections 3, 4 and 6. The National Biodiversity Authority may- (a) advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the utilization of biological resources; (b) advise the State Governments in the selection of areas of biodiversity importance to be notified under sub section (1) of section 37 as heritage sites and measures for the management of such heritage sites; (c) perform such other functions as may be necessary to carry out the provisions of this Act. The National Biodiversity Authority may, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India. Frequently Asked Questions on the Biological Diversity Act, 2002 Source: National Biodiversity Authority(NBA) Other Legal Acts Fisheries Act, 1897 Destructive Insects and Pests Act, 1914 The Indian Forest Act, 1927 Agricultural Produce (Grading and Marketing) Act, 1937 Indian Coffee Act, 1942 Import and Export (Control) Act, 1947 Rubber (Production and Marketing) Act, 1947 Tea Act, 1953 Mining and Mineral Development (Regulation) Act 1957 Prevention of Cruelty to Animal Act, 1960 Customs Act, 1962 Spices Board Act, 1986 Seeds Act, 1966 The Patents Act, 1970 Wildlife (Protection) Act, 1972 Water (Prevention and Control of Pollution) Act, 1974 Tobacco Board Act, 1975 Territorial Water, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 Water (Prevention and Control of Pollution) Cess Act, 1977 Forest (Conservation) Act, 1980 Air (Prevention and control of Pollution) Act 1981 Agricultural and Processed Food Products Export Development Authority Act 1985/1986 Environment (Protection) Act, 1986 National Diary Development Board Act, 1987 Foreign Trade (Development and Regulation) Act, 1992 Protection of Plant varieties and Farmer’s Rights (PPVFR) Act, 2001 Biological Diversity Act, 2002 The Food Safety and Standards Act, 2006 Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 National Green Tribunal Act 2010 Rules Maritime zones of India (Regulation and fishing by Foreign Vessels) Rules 1982 Rules for the manufacture, use/import/export and storage of hazardous microorganism/genetically engineered organisms or cells, 1989 Biological Diversity Rules, 2004 Source: National Biodiversity Authority