Biological Diversity Act - 2002

The Biological Diversity Act, 2002 was legislated to fulfill India's commitment towards protection of Biological Diversity.

Biological Diversity Act, 2002

The act provides a legal framework to realize the objectives of UN Convention on Biological Diversity 1992.

Objectives of the Act

  • Conservation of biological diversity
  • sustainable use of its components
  • fair and equitable sharing of the benefits arising from the utilization of genetic resources

Download Biological Diversity Act - 2002 PDF

Structure of the Administrative Mechanism

The Act envisages a three-tier structure to regulate the access to biological resources, comprising of

  • National Biodiversity Authority (NBA) at the central level. A foreign national or a foreign company needs to take the permission from the NBA for utilizing the biological resources or accessing the knowledge thereof, for a survey, research, and commercial purposes. In case a company applies for a patent over the biological resources or the knowledge associated with them, it needs to take the permission from NBA which can order for benefit sharing or payment of royalties for the protection of such intellectual property
  • State Biodiversity Boards (SBB) at the level of the States. Indian nationals and companies need to take the permission from SBBs to utilize the country's biological resources.
  • Biodiversity Management Committees at the local level. These committees are tasked with preserving and protecting the local biodiversity. They are mandated to prepare a Peoples' Biodiversity Register (PBR) which includes the information about all the locally available biological resources, prepared in consultation with the local communities. They also have the right to levy fees on any individual or company for accessing and utilizing the local biodiversity or the knowledge thereof.

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