Biological Diversity Act 2002 जैव विविधता अधिनियम 2002

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Biological Diversity Act 2002
□ enacted to give effect to provisions of CBD
□ Objective : to regulate the access to genetic resources and protection of biodiversity.
□ provides for establishment of statutory bodies
ü National Biodiversity Authority
ü State Biodiversity Boards
ü National and State Biodiversity Funds
ü Biodiversity Management Committee

National Biodiversity Authority
□ National Biodiversity Office = established in Chennai - as per provisions of BDA 2002
□ implement BDA Act 2002
□ Structure of NBA
ü 1 chairman, 7 Ex-officio members and 5 non-official members; all to be appointed by Central government.
ü Chairman appointed & removed by Central Government.
ü 7 Ex-officio members are from the following fields:
§ Agricultural Research and Education;
§ Biotechnology;
§ Ocean Development;
§ Agriculture and Cooperation;
§ Indian Systems of Medicine and Homoeopathy;
§ Science and Technology;
§ Scientific and Industrial Research;
ü 5 non-official members will also be appointed. These will be persons with good domain knowledge in biodiversity.
□ Powers and Functions of NBA :
○ All foreign nationals require approval from NBA for obtaining Biological Resources from India.
○ All Indian individuals/entities are required to seek NBA approval before transferring knowledge/research/material to foreigners.
○ 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.
□ have the same powers as are vested in a civil court under the Code.

State Biodiversity Board
□ each state to notify its SBB
□ no provision for a Biodiversity Board for a UT(placed under NBA)
□ Functions
○ advise state governments on biodiversity conservation
○ Regulate commercial use of bio-resources
□ If dispute between NBA and SBB = appeal to Central Govt

National Biodiversity Fund
□ money NBA receives as fees/fines/grants
□ used to benefit the claimers and promotion of conservation and socio-economic development in source areas.

State Biodiversity Fund
□ at state level to credit
○ any grants/loans made to SBB by NBA and
○ money from other sources.
□ money is used in
○ management and conservation of heritage sites;
○ compensating/rehabilitating people economically affected when an area is declared Biodiversity Heritage Sites; and
○ conservation and promotion of biological resources.

People’s Biodiversity Register
□ will be prepared by BMCs in consultation with local people.
□ This register would have information on
○ availability and knowledge of local biological resources,
○ their medicinal or any other use or any other traditional knowledge associated with them.

National Biodiversity Action Plan = NBAP
□ The National Environment Policy, 2006 :
○ seeks to achieve balance/harmony between conservation of natural resources and development processes.
○ forms the basic framework for National Biodiversity Action Plan.
□ Objectives of the NBAP = founded in principles set out in NEP 2006.


□ "ex situ conservation” means the conservation of components of biological diversity outside their natural habitats;
□ "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 here they have developed their distinctive properties.


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