FUNCTION AND POWERS OF NATIONAL

BIODIVERSITY AUTHORITY(NBA)

The National Biodiversity Authority (NBA) was

established in 2003 to implement the Biological
Diversity Act, 2002. NBA is a statutory,
autonomous body, and it performs facilitative,
regulatory and advisory functions.

During the Earth Summit in Rio de Janeiro in

1992, a treaty, Convention on Biological
Diversity(CBD), to save and develop the
biodiversity of each country, was entered into and
India was a signatory to this treaty. Being a
signatory to this treaty, India has enacted in the
year 2002 the Biological Diversity Act. The
Biological Diversity Act, 2002, is implemented
through a three-tier system. The top agency in
executing the act is the NBA which operates at the
national level. The NBA has its headquarter in
Chennai. The National Biodiversity Authority
(NBA) was established in 2003 to implement the
Biological Diversity Act, 2002. NBA is a statutory,
autonomous body, and it performs facilitative,
regulatory and advisory functions. NBA advises
the Central Government on issues regarding the
conservation, sustainable use of biological
resources and fair and equitable sharing of
benefits arising out of the use of biological
resources. The Central Government established
the NBA under section 8 of the Biological Diversity
Act, 2002. It started functioning from 1st October
2003.

Section 8 of the said Act of 2002 lays down the

power of the Central Government to establish a
body to be called the National Biodiversity
Authority by notification in the Official Gazette. The
National Biodiversity Authority shall be a body
corporate by the name aforesaid, having perpetual
succession and a common seal, with power to
acquire, hold and dispose of property, both
movable and immovable, and to contract, and
shall by the said name sue and be sued. It shall
consist of a Chairperson who shall be an eminent
person having adequate knowledge and
experience in the conservation and sustainable
use of biological diversity and matters relating to
equitable sharing of benefits. The Central
Government shall appoint him. Other members will
be three ex officio members, one representing the
Ministry dealing with Tribal Affairs and two
representing the Ministry dealing with Environment
and Forests of whom one shall be the Additional
Director General of Forests or the Director-General
of Forests. Seven ex officio members to be
appointed by the Central Government to represent
respectively the Ministries of the Central
Government dealing with - The Biological Diversity
Act & Rules 9 (i) Agricultural Research and
Education; (ii) Biotechnology; (iii) Ocean
Development; (iv) Agriculture and Cooperation; (v)
Indian Systems of Medicine and Homeopathy; (vi)
Science and Technology; (vii) Scientific and
Industrial Research. Five non-official members to
be appointed from amongst specialists and
scientists having special knowledge of, or
experience in, matters relating to conservation of
biological diversity, sustainable use of biological
resources and equitable sharing of benefits arising
out of the use of biological resources,
representatives of industry, conservers, creators
and knowledge-holders of biological resources.
Chapter IV of the Biological Diversity Act, 2002,
states the powers and functions of the National
Biodiversity Authority. Section 18(1) of the said Act
states that 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
fair and equitable benefit sharing. Under sub-
section (2) the NBA may approve undertaking any
activity referred to in sections 3, 4 and 6 of the
Act. The National Biodiversity Authority also has
the function under sub-section (3) of advising 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.
The NBA can 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. It can perform such other
functions as are necessary to implement the
Biological Diversity Act, 2002. The National
Biodiversity Authority also, 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.

Chapter V deals with the power of approval of the

National Biodiversity Authority. Section 19(1) lays
down that Any person referred to in section 3(2)
who intends to obtain any biological resource
occurring in India or knowledge associated to it for
research or commercial utilization or bio-survey
and bio-utilization or transfer the results of any
research relating to biological resources occurring
in, or obtained from, India, or Any person who
intends to apply for a patent or any other form of
intellectual property protection whether in India or
outside India referred to in subsection (1) of
section 6, shall make an application in such form
and payment of such fees as may be prescribed,
to the National Biodiversity Authority. After
receiving any such application, the NBA after
making enquiries and if necessary, consulting any
expert committee, grant or refuse approval as it
thinks fit. If the application is rejected, the reasons
for such rejection must be recorded in writing. The
NBA must give public notice of the approvals
granted by it.

FUNCTION AND POWERS OF NATIONAL

BIODIVERSITY AUTHORITY(NBA)

The National Biodiversity Authority (NBA) was

established in 2003 to implement the Biological
Diversity Act, 2002. NBA is a statutory, autonomous
body, and it performs facilitative, regulatory and
advisory functions.
During the Earth Summit in Rio de Janeiro in 1992, a
treaty, Convention on Biological Diversity(CBD), to
save and develop the biodiversity of each country, was
entered into and India was a signatory to this treaty.
Being a signatory to this treaty, India has enacted in the
year 2002 the Biological Diversity Act. The Biological
Diversity Act, 2002, is implemented through a three-tier
system. The top agency in executing the act is the NBA
which operates at the national level. The NBA has its
headquarter in Chennai. The National Biodiversity
Authority (NBA) was established in 2003 to implement
the Biological Diversity Act, 2002. NBA is a statutory,
autonomous body, and it performs facilitative,
regulatory and advisory functions. NBA advises the
Central Government on issues regarding the
conservation, sustainable use of biological resources
and fair and equitable sharing of benefits arising out of
the use of biological resources. The Central
Government established the NBA under section 8 of the
Biological Diversity Act, 2002. It started functioning
from 1st October 2003.

Section 8 of the said Act of 2002 lays down the power

of the Central Government to establish a body to be
called the National Biodiversity Authority by
notification in the Official Gazette. The National
Biodiversity Authority shall be a body corporate by the
name aforesaid, having perpetual succession and a
common seal, with power to acquire, hold and dispose
of property, both movable and immovable, and to
contract, and shall by the said name sue and be sued. It
shall consist of a Chairperson who shall be an eminent
person having adequate knowledge and experience in
the conservation and sustainable use of biological
diversity and matters relating to equitable sharing of
benefits. The Central Government shall appoint him.
Other members will be three ex officio members, one
representing the Ministry dealing with Tribal Affairs
and two representing the Ministry dealing with
Environment and Forests of whom one shall be the
Additional Director General of Forests or the Director-
General of Forests. Seven ex officio members to be
appointed by the Central Government to represent
respectively the Ministries of the Central Government
dealing with - The Biological Diversity Act & Rules 9
(i) Agricultural Research and Education; (ii)
Biotechnology; (iii) Ocean Development; (iv)
Agriculture and Cooperation; (v) Indian Systems of
Medicine and Homeopathy; (vi) Science and
Technology; (vii) Scientific and Industrial Research.
Five non-official members to be appointed from
amongst specialists and scientists having special
knowledge of, or experience in, matters relating to
conservation of biological diversity, sustainable use of
biological resources and equitable sharing of benefits
arising out of the use of biological resources,
representatives of industry, conservers, creators and
knowledge-holders of biological resources.
Chapter IV of the Biological Diversity Act, 2002, states
the powers and functions of the National Biodiversity
Authority. Section 18(1) of the said Act states that 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 fair and equitable benefit
sharing. Under sub-section (2) the NBA may approve
undertaking any activity referred to in sections 3, 4 and
6 of the Act. The National Biodiversity Authority also
has the function under sub-section (3) of advising 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. The NBA
can 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. It
can perform such other functions as are necessary to
implement the Biological Diversity Act, 2002. The
National Biodiversity Authority also, 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.
Chapter V deals with the power of approval of the
National Biodiversity Authority. Section 19(1) lays
down that Any person referred to in section 3(2) who
intends to obtain any biological resource occurring in
India or knowledge associated to it for research or
commercial utilization or bio-survey and bio-utilization
or transfer the results of any research relating to
biological resources occurring in, or obtained from,
India, or Any person who intends to apply for a patent
or any other form of intellectual property protection
whether in India or outside India referred to in
subsection (1) of section 6, shall make an application in
such form and payment of such fees as may be
prescribed, to the National Biodiversity Authority. After
receiving any such application, the NBA after making
enquiries and if necessary, consulting any expert
committee, grant or refuse approval as it thinks fit. If
the application is rejected, the reasons for such rejection
must be recorded in writing. The NBA must give public
notice of the approvals granted by it.

Section 20 of the said Act states that no person who has

been approved under section 19 shall transfer any
biological resource or knowledge associated to it which
is the subject matter of the said approval except with the
permission of the National Biodiversity Authority. No
person who has been approved under section 19 shall
transfer any biological resource or knowledge
associated to it which is the subject matter of the said
approval except with the permission of the National
Biodiversity Authority. After receiving any such
application, the NBA after making enquiries as it deems
fit and after consulting any expert committee may
approve subject to such terms and conditions as it
deems fit or rejects the application after recording the
reasons in writing. The NBA must give public notice of
every such approval.