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The Biological Diversity Act, 2002

Act No. 18 of 2003 · 5th February, 2003 · Full text with footnotes.

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.

WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto.

AND WHEREAS India is a 1[Party] to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992;

AND WHEREAS the said Convention came into force on the 29th December, 1993;

AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological resources;

AND WHEREAS the said Convention has the main objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of genetic resources; 2[AND WHEREAS India is a Party to the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the convention on Biological Diversity which was adopted on the 29th October, 2010 in Nagoya, Japan;

AND WHEREAS it is considered necessary to provide for conservation, sustainable utilisation, fair and equitable sharing of the benefits arising out of utilisation of biological resources and also to give effect to the said Convention.]

BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:—

Chapter I — Preliminary

Sections 1–2

Chapter II — Regulation of Access to Biological Resources

Sections 3–7

Chapter III — National Biodiversity Authority

Sections 8–17

Chapter IV — Functions and Powers of the National Biodiversity Authority

Sections 18

Chapter V — Approval by the National Biodiversity Authority

Sections 19–21

Chapter VI — State Biodiversity Board

Sections 22–25

Chapter VII — Finance, Accounts and Audit of National Biodiversity Authority

Sections 26–30

Chapter VIII — Finance, Accounts and Audit of State Biodiversity Board

Sections 31–35

Chapter IX — Duties of the Central and the State Governments

Sections 36–40

Chapter X — Biodiversity Management Committees

Sections 41

Chapter XI — Local Biodiversity Fund

Sections 42–47

Chapter XII — Miscellaneous

Sections 48–65

Note on the Act (from the official text)

1 Subs. by Act 10 of 2023, s. 2, for “party” (w.e.f. 1-4-2024). 2 Subs. by s. 2, ibid., for certain words (w.e.f. 1-4-2024).

Source: India Code (indiacode.nic.in), Biological Diversity Act, 2002 (Act No. 18 of 2003), official text with the official footnotes. The body of the PDF prints the Chapter VII heading without its number and with spelling errors (“CHAPER VII FINANACE”); the number and spelling follow the Act’s own arrangement of sections.

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