The document summarizes the key aspects of the Indian Biodiversity Act of 2002. It was signed into law by the President on February 5th, 2003 and became enforceable on April 15th, 2004. The act aims to conserve biological diversity, promote sustainable use, and facilitate equitable benefit-sharing. It established the National Biodiversity Authority and State Biodiversity Boards to regulate access to genetic resources and traditional knowledge. Local Biodiversity Management Committees were also set up to document traditional knowledge and ensure benefits are shared equitably. The act covers intellectual property rights, access to biological resources, and benefit-sharing arrangements.

1. Biodiversity act
2002
President signature- 5th Feb 2003
Enforcement- 15th April 2004
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2. Biodiversity
• The variability among living organisms from
all sources and the biological complexes of
which they are part , and include diversity
within species or between species and of
ecosystem.
The Biodiversity act 2002 28/9/2015

3. Levels of
biodiversity
Genetic diversity Species diversity
Community
/ecosystem
diversity
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4. GLOBAL BIODIVERSITY
Major taxonomic
group
Number of
identified species
Major taxonomic
group
Umber of
identified species
Higher plants 270,000 Reptiles 7,150
Algae 40,000 Fish 26,950
Fungi 72,000 Amphibians 4,780
Bacteria 4,000 Insects 10,25,000
Viruses 1,550
Mammals 4,650
Birds 9,700
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5. Few important facts about India
• India is one of the 17 mega-diverse countries
in the world.
• With only 2.4 % of the world’s area, India
accounts for 7–8 % of the world’s recorded
plant and animal species.
• About 5,150 plant species and 1,837 animal
species are endemic to India
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6. India’s Ten bio geographic zones possess an exemplary diversity
of ecological habitats like alpine forests, grasslands, wetlands,
coastal and marine ecosystems, and desert ecosystems.
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7. Biota in 10 bio-geographic regions.
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Biota No . Of identified species
Animals 91,307
Protista 2,557
Invertebrates 12,470
Arthropods 69,903
Vertebrates 4,994
Plants 45,500
Microbial species 5,650

8. • 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.
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9. Salient features of the Biological Diversity Act,
2002:-
• To regulate access to biological resources of the country;
• To conserve and sustainably use biological diversity;
• To respect and protect knowledge of local communities
related to biodiversity;
• To secure sharing of benefits with local people as
conservers of biological resources and holders of
knowledge and information relating to the use of
biological resources;
• Conservation and development of areas of importance
from the standpoint of biological diversity by declaring
them as biological diversity heritage sites;
• Protection and rehabilitation of threatened species;
• Involvement of institutions of state governments in the
broad scheme of the implementation of the Biological
Diversity Act through constitution of committees.
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10. Convention on Biological Diversity
(CBD)
• The Convention is founded on the principle that local communities
generate and are dependent on biodiversity and should continue to benefit
from it.
• Signed in 1992 at the 1992 UN Conference on Environment and
Development (UNCED) in Rio de Janeiro entered into force on 29
December 1993.
• more than 170 countries
• India became a signatory to the Convention on Biological Diversity (CBD)
in 5th day of June 1992.
Three goals
• To promote the conservation of biodiversity
• the sustainable use of its components and
• the fair and equitable sharing of benefits arising out of the utilization of
genetic resources.
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11. The Structures of Biodiversity Act- 2002
National Biodiversity Authority (NBA).
State Biodiversity Boards (SBB)
Biodiversity Management Committees
(BMC)s
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12. Chapter –II
Regulation of Access to Biological
Diversity
• Sec. 3. (1) No person referred to in sub-section
(2) shall, without previous approval of the
National Biodiversity Authority, obtain any
biological resource occurring in India or
knowledge associated thereto for research or
for commercial utilization or for bio-survey
and bio-utilization.
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13. • (2) The persons who shall be required to take the
approval of the National Biodiversity Authority under
sub-section (1) are the following, namely :-
• (a) a person who is not a citizen of India;
• (b) a citizen of India; who is a non-resident as defined
in clause (30) of section 243 of 1961 of the Income-tax
Act, 1961;
• (c) a body corporate, association or organization
• (i) not incorporated or registered in India; or
• (ii) incorporated or registered in India under any law
for the time being in force which has any non-Indian
participation in its share capital or management.
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14. • Sec.4 -Results of research not to be
transferred to certain persons without
approval of national biodiversity authority .
• Sec.5 – sec. 3 and 4 not to apply to certain
collaborative research projects
• Sec. 6 –Application for intellectual property
rights not to be made without approval of
National biodiversity authority
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15. • Sec. 6. (1) No person shall apply for any
intellectual property right, by whatever name
called, in or outside India for any invention based
on any research or information on a biological
resource obtained from India without obtaining
the previous approval of the National Biodiversity
Authority before making such application:
Provided that if a person applies for a patent,
permission of the National Biodiversity Authority
may be obtained after the acceptance of the
patent but before the sealing of the patent by the
patent authority concerned:
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16. [Sec(7)] Prior intimation to SBB for obtaining
biological resource for certain purposes
• Any biological resource for commercial
utilization, or bio survey and bio utilization for
commercial utilization shall be obtained after
giving prior intimation to the SSB.
• Exemptions- shall not apply to the local people and communities of the
area, including growers and cultivators of biodiversity, and vaids and
hakims, who have been practicing indigenous medicine.
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17. Chapter III
National Biodiversity Authority
• NBA shall be a body corporate by the name of
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 name
sue and be sued.
• The head office of the national biodiversity
authority shall be at Chennai. And NBA may with
the previous approval of the central government
,establish offices at other places in India
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18. cont…
Members
Chairperson
Mr. Hem
Pande, IAS
( From
6th February
2014 onwards)
Ex officio (10 )
Non- official
(5)
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19. Ministry No. Present members
Ministry of Tribal Affairs
1 Smt. Nivedita ,IOFS
Ministry of Environment and Forests Whom
1 shall be ADG /DG
2 1. Mr. Bishwanath Sinha,
IAS
2. ADG – Mr. A.K.
Shrivastvan, IFS
Ministry of Agriculture Research and
Education
1
Ministry of Biotechnology 1 Dr. Renu Swarup
Ministry of Ocean Development 1 Dr. P Mandeswaram
(earth sciences)
Ministry of Agriculture and Cooperation 1 Dr. Atanu Purkayastha ,IAS
Indian Systems of Medicine and Homeopathy 1 Shri. Jitendra Sharma, IFS
Science and Technology 1 Dr. B. Harigopal
Scientific and Industrial Research 1 Ministry of science and 19National biodiversity authority8/9/2015

20. Non official (5)
Members
Conservation of biological diversity
Sustainable use of biological resources
Equitable sharing of benefits
Specialists and scientists having special
knowledge of, or experience
Representatives of industry
Conservers, creators & knowledge-
holders of biological resources
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21. 1. adjudged as
an insolvent
2. Offence of
moral
turpitude
physically or
mentally
incapable
abusing
position
financial or
other interest
Sec. 11
Removal of
members
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22. Sec 13 committees of National
Biodiversity Authorities
• National biodiversity authority may constitute
a committee to deal with agro-biodiversity
explanation – for the purpose of this sub –
sections ,”Agro –biodiversity “means biological
diversity , of agriculture related species and
their wild relatives .
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23. The Biodiversity act 2002 238/9/2015

24. Sec. 18 Functions and powers of the
national biodiversity authority
.• (1) It shall be the duty of the National Biodiversity
Authority to regulate activities, and
• (2) grant approval for undertaking any activity
referred to in section 3, 4 and 6.
• (3) 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;
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25. • (b) Advise the State Governments in the selection
of areas of biodiversity importance as heritage
sites and measures for the management of such
heritage sites;
• (4) 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.
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26. Sec. 22.
State biodiversity board
• (1) With effect from such dates as the State Government may
appoint, for the purposes of this Act, a Board for the State to be
known as the ________________(name of the State) Biodiversity
Board.
• (2) for union territory national biodiversity authority will perform
the functions of SBB.
• (4) The Board shall consist of the following members, namely:-
• a)a Chairperson
• b)five ex-officio members
• c)five members from among the experts 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.
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27. Himachal Pradesh State
Biodiversity Board
27Himachal Pradesh state biodiversity board8/9/2015
Mr. Sudipta Roy

28. Sec. 23.
The functions of the State Biodiversity
Board
• (a) Advise the State Government, on matters relating to
the conservation of biodiversity, sustainable use of its
components and equitable sharing of the benefits
arising out of the utilization of biological resources;
• (b) Regulate by granting of approvals or otherwise
requests for commercial utilization or bio-survey and
bio-utilization of any biological resource by Indians;
• (C) Perform certain other functions as may be necessary
to carry out or as may be prescribed by the State
biodiversity Authority .
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29. Section 36 duties and functions of
state and central government
• To develop national strategies, plans, etc., for conservation, etc., of
biological diversity:-
• (1) The Central Govt. Shall develop national plans, strategies and
programs for conservation and promotion and sustainable use of
biological diversity including measures for identification and
monitoring of areas rich in biological resources , promotion of
provides in-situ and ex-situ conservation of biological resources.
• (2) To provide immediate measures for safety of biological areas
rich in biological diversity.
• (3) The Central Govt. shall integrate the conservation, promotion
and sustainable use of biological diversity and provide measures for
protection, including sui-generis system.
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30. 8/9/2015 The Biodiversity act 2002 30
Biodiversity
Conservation
In situ
Sacred
groves
and lakes
Biosphere
Reserves
Terrestrial
World
hertage
sites
National
parks, wildlife
sanctuaries
Ex situ
Sacred plant
home garden
Seed Bank, Gene
bank,
Cryopreservation
Botanical garden,
Zoological
garden, Aquaria

31. Sec.39 -Powers of Central Govt. to
designate Repositories
• (1) Designate institutions as repositories for
different categories of biological resources.
• (2) To keep safe custody of the biological material
including voucher specimens.
• (3) Any new taxon discovered by any person shall
be notified to the repositories or any institution
designated for this purpose and shall he shall
deposit the voucher specimens with such
repository normally traded as commodities .
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32. Sec.41- Biodiversity management
committees
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33. • (a) “cultivar” means a variety of plant that has originated and
persisted under cultivation or was specifically bread for the
purpose of cultivation;
• (b) “folk variety” means a cultivated variety of plant that was
developed, grown and exchanged informally among farmers;
• (c) “landrace” means primitive cultivar that was grown by
ancient farmers and their successors.
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34. (2) National biodiversity authority and the
state biodiversity boards shall consult the
biodiversity management committees while
taking any decision relating to the use of
biological resources and knowledge associated
within occurring within the territorial
jurisdiction of biodiversity management
committee.
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35. Penalties and punishments
• Whoever contravenes or to abets the
contravention of provisions
• Sec 3 or Sec. 4 or Sec. 6
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Offences •Punishment
Section 55 (1) -Sec 3 , sec. 4 , sec. 6 •Imprisonment for a term extend to 5
years or fine which may extend to ten
lakh rupees .
•For damage cause more then 10 lakh
rupees fine may be commensurate with
the damage caused.
Section 55 (2) -Sec. 7 or any order under
24(2)
•Imprisonment extends to 3 years
•Fine extend to 5 lakh Rupees
Section 56 –contravention of orders • one Lakh Rupees and continuation of
subsequent offence , with fine which may
extend to 2 Lakh Rupees
Section 57 – offences by companies
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36. Gaddis
Changpas
Pipens
Heronries
Traditional
tanks
Yuksam
Bishnois
Sacred
mangroves
Sacred
groves
Tragopan, and
Golden langur
protection
Turtle
conservation
Turtle
conservation
Community
Forestry
Van Panchayats
Grassland
management JFM
COMMUNITY CONSERVED AREAS
Arvari
Sansad
Sacred
groves

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38. Conserving agricultural biodiversity
People’s initiatives
•Beej Bachao Andolan: Himalayan crops
•Deccan Development Society: Dryland crops
•SEVA, ANTHRA, Lokhit Pashu Palak Sansthan: Livestock
•Others: Navadanya, Green Foundation, ADS, Timbuktu Collective

39. Beej bachao andolan
• The Beej Bachao Andolan, or Save the Seeds
movement began in the late 1980s as a group of
activists from the Henwal River Valley in Tehri district
(Uttarakhand, India), led by Vijay Jardhar.
• Value Traditional Knowledge and Wisdom.
• Practice Principles of Traditional Agriculture
• Preserve the Sociology of Traditional Agriculture
• Conserve Forests
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Beej bachao andolan
39

40. THANK YOU
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