Biological diversity Act, 2002

India is one of the 12 mega biodiversity countries of the world as well as one of
the mega-diversity countries. Demographically, it is the second largest
populated country in the world and a majority of its population still directly
depends on biological resources for their livelihood.

India is very rich in terms of biological diversity due to its unique bio-
geographic location, diversified climatic conditions and enormous eco-diversity
and geo-diversity. India embraces three major biological realms, viz. Indo-
Malayan, Eurasian and Afro-tropical and is adorned with 10 bio-geographic
zones and 26 biotic provinces.

About 850+ species of bacteria, 14,500+ species of fungi 6,500+ species of

algae and 17,500+ species of flowering plants are reported from India. At
National level, the information on flowering plants has been documented in 24
Fascicles by the Botanical Survey of India in addition to eight volumes covering
general aspects of flora of India, such as physiography; geology; climate;
botanical history; phytogeographical divisions; endemism; centres of diversity
and phytogeographical affinities; exotics; ethno-botanical, medicinal and plants
of other economic value; plant based industries; wild relatives of cultivated
plants; endangered plants, habitats and their conservation; protected area
network; botanic gardens and the statistical analysis of the flora have been
published.

India is Party to the World Heritage Convention (1972), Convention on

International Trade in Endangered Species of Flora and Fauna (CITES) (1975),
Ramsar Convention on Wetlands (1975), Convention on Biological Diversity
(1992), Agenda 21 (1992), UN Framework Convention on Climate Changes
(1992), UN Convention to Combat Desertification (1994), the Trade Related
Intellectual Property Rights (WTO-TRIPs) 1994, Cartagena Protocol for
Biosafety to CBD (2000), FAO International Treaty on Plant Genetic Resources
for Food and Agriculture (FAO, 2001) and others.

CBD is the most comprehensive legal instrument that addresses the issues of
access to genetic resources and benefit sharing with explicit links to issues
related to traditional knowledge associated with genetic resources.

Consequent to the ratification of CBD by India on 18th February 1994 and in

pursuance of the Conference of Parties (CoP) decisions of CBD that followed,
the Ministry of Environment and Forests - the national focal point of CBD, has
taken steps to implement the CBD provisions by promulgating the Biological
Diversity Act, 2002 (NBA) in Parliament of India.

As per section 2(b) "biological diversity" or "biodiversity" means the variability

among living organisms from all sources and the ecological complexes of which
they are part and includes diversity within species or between species and of
eco-systems;

Objective of Biological Diversity Act

 conserving the Biological Diversity,
 maintaining and controlling the proper use of its components,
 ensuring equitable distribution of benefits derived from such utilization.

Biodiversity Act 2002 Salient Features

1. Regulation of Access to Biodiversity (Section 3-7)
1. Section 3. Certain persons not to undertake Biodiversity related
activities without approval of National Biodiversity Authority.
(1) Following persons shall, take approval of the National Biodiversity
Authority, to obtain any biological resource occurring in India or knowledge
associated thereto for research or for commercial utilisation or for bio-survey
and bio-utilisation.
(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 2
of the Income-tax Act, 1961 (43 of 1961);
(c) a body corporate, association or organisation--
(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.

2. Section 4 Results of research not to be transferred to certain persons

without approval of National Biodiversity Authority
No person shall, without the previous approval of the National Biodiversity
Authority, transfer the results of any research relating to any biological
resources occurring in, or obtained from, India for monetary consideration or
otherwise to any person who is not a citizen of India or citizen of India who
is non-resident as defined in clause (30) of section 2 of the Income-tax Act,
1961 (43 of 1961) or a body corporate or organisation which is not
registered or incorporated in India or which has any non-Indian
participation in its share capital or management.
For the purposes of this section, "transfer" does not include publication of
research papers or dissemination of knowledge in any seminar or workshop, if
such publication is as per the guidelines issued by the Central Government.
Exception to Section 3 and 4
Section 5. Certain provisions not to apply to certain collaborative research
projects
The provisions of sections 3 and 4 shall not apply to
collaborative search projects involving transfer or exchange of biological
resources or information relating thereto between institutions, including
Government sponsored institutions of India, and such institutions in other
countries, if such collaborative research projects satisfy the conditions that it
conform to the policy guidelines issued by the Central Government in this
behalf and be approved by the Central Government.
3. Section 6. Application for intellectual property rights not to be made
without approval of National Biodiversity Authority
(1) Any person or entity covered under sub-section (2) of section 3 applying for
an intellectual property right, in or outside India, for any invention based on any
research or information on a biological resource which is accessed from India,
including those deposited in repositories outside India, or traditional knowledge
associated thereto, shall obtain prior approval of the National Biodiversity
Authority before grant of such intellectual property rights
(1A) Any person covered under section 7 applying for any intellectual property
right, in or outside India, for any invention based on any research or information
on a biological resource which is accessed from India, including those deposited
in repositories outside India, or traditional knowledge associated thereto, shall
register with the National Biodiversity Authority before grant of such
intellectual property rights.
(1B) Any person covered under section 7 who has obtained intellectual property
right, in or outside India, for any invention based on any research or information
on a biological resource which is accessed from India, including those deposited
in repositories outside India, or traditional knowledge associated thereto, shall
obtain prior approval of the National Biodiversity Authority at the time of
commercialisation.
(2) The National Biodiversity Authority may, while granting the approval under
this section, impose benefit sharing fee or royalty or both or impose conditions
including the sharing of financial benefits arising out of the commercial
utilisation of such rights.
(3) The provisions of this section shall not apply to any person making an
application for any right under any law relating to protection of plant varieties

4. Section 7 Prior intimation to State Biodiversity Board for accessing

biological resource for certain purposes.—
(1) No person, other than the person covered under sub-section (2) of section 3,
shall access any biological resource and its associated knowledge for
commercial utilisation, without giving prior intimation to the concerned State
Biodiversity Board, but such access shall be subject to the provisions of clause
(b) of section 23 and sub-section (2) of section 24:
Provided that the provisions of this section shall not apply to the codified
traditional knowledge, cultivated medicinal plants and its products, local people
and communities of the area, including growers and cultivators of biodiversity
and to vaids, hakims and registered AYUSH practitioners only who have been
practicing indigenous medicines, including Indian systems of medicine as
profession for sustenance and livelihood.
(2) In the case of cultivated medicinal plants, the exemption under sub-section
(1) shall be available only if a certificate of origin is obtained from the
Biodiversity Management Committee in such manner as may be prescribed.
(3) The Biodiversity Management Committee shall, on the basis of entries made
in such books, maintained in such manner, issue the certificate of origin under
subsection (2) in such manner as may be prescribed.
2. Conservation of Biodiversity
Section 36 of the Act requires the government and local authorities to take
measures to conserve and protect India’s biodiversity, including through the
establishment of protected areas and the promotion of in-situ conservation.
(1)The Central Government shall in consultation with the State Government and
Union territories develop national strategies, plans, programmes for the
conservation and promotion and sustainable use of biological diversity
including measures for identification and monitoring of areas rich in biological
resources, promotion of in situ, and ex situ, conservation of biological
resources, including cultivars, folk varieties and landraces, incentives for
research, training and public education to increase awareness with respect to
biodiversity.
(2) Where the Central Government has reason to believe that any area rich in
biological diversity, biological resources and their habitats is being threatened
by overuse, abuse or neglect, it shall issue directives to the concerned State
Government to take immediate ameliorative measures, offering such State
Government any technical and other assistance that is possible to be provided or
needed.
(3) The Central Government shall, as far as practicable wherever it deems
appropriate, integrate the conservation, promotion and sustainable use of
biological diversity into relevant sectoral policies or cross-sectoral plans and
programmes.
(4) The Central Government shall undertake measure,--
(i) for assessment of environmental impact of that project which is likely to
have adverse effect on biological diversity, with a view to avoid or minimise
such effects and where appropriate provide for public participation in such
assessment;
(ii) to regulate, manage or control the risks associated with the use and release
of living modified organisms resulting from biotechnology likely to have
adverse impact on the conservation and sustainable use of biological diversity
and human health.
(5) The Central Government shall endeavour to respect and protect the
knowledge of local people relating to biological diversity, as recommended by
the National Biodiversity Authority through such measures, which may include
registration of such knowledge at the local, State or national levels, and other
measures for protection, including sui generis system.
(6) The Central Government shall involve the National Biodiversity Authority
or State Biodiversity Boards to undertake measures for conservation and
sustainable use of biological diversity or traditional knowledge associated
thereto.]
(a) "ex situ conservation" means the conservation of components of biological
diversity outside their natural habitats;
(b) "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 where they have developed their distinctive properties.

3. Benefit-sharing
Section 21 of the Act requires that any benefits arising from the commercial use
of India’s biodiversity must be shared equitably with local communities and
other stakeholders.
21. Determination of fair and equitable benefit sharing by National
Biodiversity Authority.
(1) The National Biodiversity Authority shall, while determining benefit sharing
for the approval granted under this Act, ensure that
the terms and conditions subject to which the approval is granted secures fair
and equitable sharing of benefits arising out of the use of accessed biological
resources, their derivatives, innovations and practices associated with their use
and
applications and knowledge relating thereto in accordance with mutually agreed
terms and conditions between the person applying for such approval, and the
Biodiversity Management Committee represented by the National Biodiversity
Authority.
(2) The National Biodiversity Authority shall, determine the benefit sharing
which shall be given effect in all or any of the following manner, namely:--
(a) grant of joint ownership of intellectual property rights to the National
Biodiversity Authority, or where benefit claimers are identified, to such benefit
claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which
will facilitate better living standards to the benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with
research and development in biological resources and bio-survey and bio-
utilisation;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the
benefit claimers as the National Biodiversity Authority may deem fit.
(3) Where any amount of money is ordered by way of benefit sharing, the
National Biodiversity Authority may direct the amount to be deposited in the
National Biodiversity Fund:
Provided that where biological resource or associated knowledge was a result of
access from an individual or group of individuals or organisations, the National
Biodiversity Authority may direct that the amount shall be paid directly to such
benefit claimer or organisation in accordance with the terms of any agreement
and in such manner as it deems fit.
Section 27 of the Act provides for the establishment of a National
Biodiversity Fund to support the conservation and sustainable use of
biodiversity.
(1) There shall be constituted a Fund to be called the National Biodiversity Fund
and there shall be credited thereto--
(a) any grants and loans made to the National Biodiversity Authority under
section 26;
(b) all sums including charges and benefit sharing amount received by the
National Biodiversity Authority;
(c) all sums received by the National Biodiversity Authority from such other
sources as may be decided upon by the Central Government.
(2) The Fund shall be utilised for--
(a) channeling benefits to the benefit claimers;
(b) conservation, promotion and sustainable use of biological resources;
(c) socio-economic development of areas from where such biological resources
or traditional knowledge associated thereto have been accessed in consultation
with the Biodiversity Management Committee:
Provided that when it is not possible to identify the area from where the
biological resources or traditional knowledge associated thereto have been
accessed, the fund shall be utilised for socio-economic development of the area
where such biological resources occur;
(d) activities to meet the purposes of the Act.
While under Section 32 provisions of Constitution of State Biodiversity
Fund is provided.
4. Offences and Penalties
Section 55 of the Act sets out penalties for non-compliance, including fines
Section 56 of the Act provides penalty for contravention for directions or orders
of Central Government, State Government, National Biodiversity Authority and
SBB
Section 55 of the Act, which previously stipulated imprisonment of up to five
years as a penalty for breaching Sections 3, 4, or 6, alternatively accompanied
by a fine of INR 10 lakh or more, or both. However, the amended provision
dispenses with the imprisonment clause, opting instead for a more substantial
fine. Under the amended Act, violations of Sections 3, 4, 6, or 7 may incur fines
of up to INR 50 lakh. Additionally, an adjudicating officer, not below the rank
of Joint Secretary to the Government of India or a Secretary to the State
Government, appointed by the Central Government under Section 55A, may
impose an additional penalty of up to INR 1 crore in certain cases.

Approval Processes for Intellectual Property Rights (IPR)

Acquisition
According to the newly-introduced Section 6(1A), Indian entities falling within
the scope of Section 7 must register with the NBA for inventions based on
research or information pertaining to Indian biological resources, including
those deposited in repositories outside India or associated with traditional
knowledge. Consequently, Indian nationals and entities falling under Section 7
only need to register with the NBA before patent issuance, eliminating the need
for prior approval (expediting the grant process). However, signing access and
benefit-sharing agreements with the NBA remain necessary for the commercial
utilisation of IPR.
Additionally, prior intimation to the State Biodiversity Board (SBB) and NBA
approval are still required for Indian nationals seeking access to biological
resources for commercial utilization of IPR, in addition to the standard
approvals mandated under Sections 23 and 24 of the Act. Furthermore, under
the new provisions, certain categories covered under Sections 3(2) and 7 are
obligated to obtain prior approval from the NBA for IPR involving biological
resources. These categories include non-citizens, non-resident citizens,
organisations not registered in India, and organisations registered in India with
any non-Indian shareholding or management. Additionally, Indian-controlled
companies are exempted from being classified as “body corporate, association,
or organisation” under Section 3(2)(c)(ii)[11], with only companies under
foreign control falling within the purview of this section.

THE BIODIVERSITY AUTHORITIES AT THE NATIONAL AND STATE

LEVELS
National Biodiversity Authority Section 8
The National Biodiversity Authority is statutory authority 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.
The head office of the National Biodiversity Authority shall be at Chennai
The National Biodiversity Authority shall consist of the following members,
namely:--
(a) a Chairperson, who shall be an eminent person having adequate
knowledge, expertise and experience in the conservation and sustainable use of
biological diversity and in matters relating to fair and equitable sharing of
benefits, to be appointed by the Central Government;
(b) sixteen ex officio members to be appointed by the Central Government,
representing the Ministries dealing with--
(i) Agricultural Research and Education;
(ii) Agriculture and Farmers Welfare;
(iii) Ayurveda, Unani, Siddha, Sowa Rigpa, Yoga and Naturopathy and
Homoeopathy;
(iv) Biotechnology;
(v) Environment and Climate Change;
(vi) Forests and Wildlife;
(vii) Indian Council of Forestry Research and Education;
(viii) Earth Sciences;
(ix) Panchayati Raj;
(x) Science and Technology;
(xi) Scientific and Industrial Research;
(xii) Tribal Affairs;
(c) four representatives from State Biodiversity Boards on rotational basis;
(d) five non-official members to be appointed from amongst experts including
legal experts and scientists having special knowledge of, or experience in,
matters relating to conservation of biological diversity, sustainable use of
biological resources and fair and equitable sharing of benefits arising out of the
use of biological resources, representatives of industry, conservers, creators and
knowledge-holders of biological resources.
(e) a Member-Secretary, who shall have experience in matters relating to
biodiversity conservation, to be appointed by the Central Government.
Objectives of NBA
o Regulates access to biological resources and related knowledge for
research and commercial purposes.
o Facilitates the acquisition of Intellectual Property Rights. It helps transfer
research results and access biological resources.
o Advises the State Governments in identifying areas of biodiversity
importance.
Functions of the National Biodiversity Authority Section 18
The functions of the NBA include:
o Regulating biodiversity-related activities and approving research,
commercial ventures, and surveys.
o Advising the Indian government on matters of biodiversity importance.
o Performing other necessary functions to implement the provisions of the
act.
o advise the State Governments in the selection of areas of biodiversity
importance to be notified section 37 as biodiversity heritage sites and
measures for the management of such heritage sites;
o perform such other functions as may be necessary to carry out the
provisions of this Act.
o 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 which is found in or brought from India, including those
deposited in repositories outside India, or traditional knowledge
associated thereto accessed.
It is necessary to obtain Approval by National Biodiversity Authority for
undertaking certain activities.
(1) Any person referred to in sub-section (2) of section 3 like (Any person
who is not a citizen of India; a citizen of India, who is a non-resident as
defined in clause (30) of section 2 of the Income-tax Act, 1961, body
corporate, association or organisation (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) who
o intends to obtain any biological resource occurring in India or
o knowledge associated thereto for research or for commercial
utilisation or
o for bio-survey and bio-utilisation or
o transfer the results of any research relating to biological resources
occurring in, or obtained from, India, shall make application in such
 form and payment of such fees as may be prescribed, to the National
Biodiversity Authority.
(2) Any person referred to in sub-section (2) of section 3
who intends to apply for a patent or any other form of intellectual
property rights, whether in India or outside India, may make an
application to the National Biodiversity Authority

State Biodiversity Boards (SBBs) Section 22

SBBs are statutory authorities at the state level. Their main aim is to regulate
approvals for the commercial use of biological resources. SBBs are created
under Section 22 of the Biological Diversity Act 2002. They are set up in all 29
states of India. Union Territories are not included, as the National Biodiversity
Authority handles their functions.
Objectives of SBBs
o Advising the State Governments on the following:
o biodiversity conservation,
o sustainable use of components, and
o equitable sharing of benefits.
o Regulate approvals for commercial use and bio-utilization of biological
resources by Indians.
o Perform other necessary functions as prescribed by the State
Governments.
o Section 22. Establishment of State Biodiversity Board.
o (1) With effect from such date as the State Government may, by
notification in the Official Gazette, appoint in this behalf, there shall be
established by that Government for the purposes of this Act, a Board for
the State to be known as the______________ (name of the State)
Biodiversity Board.
o State Biodiversity Board shall not be constituted for a Union territory and
in relation to a Union territory, the National Biodiversity Authority shall
exercise the powers and perform the functions of a State Biodiversity
Board for that Union territory:
o Provided that in relation to any Union territory, the National Biodiversity
Authority may delegate all or any of its powers or functions under this
sub-section to such person or group of persons 1[or body] as the Central
Government may specify.
o (3) The Board 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.
o (4) The Board shall consist of the following members, namely:--
o (a) a Chairperson, who shall be an eminent person having adequate
knowledge, expertise and experience in the conservation and sustainable
use of biological diversity and in matters relating to fair and equitable
sharing of benefits, to be appointed by the State Government;
o (b) not more than seven ex officio members to be appointed by the
State Government to represent the concerned departments of the State
Government, including departments dealing Panchayati Raj and tribal
affiairs;
o (c) not more than five non-official members to be appointed from
amongst experts, including legal experts, scientists having special
knowledge, expertise and work experience in matters relating to
conservation of biological diversity, sustainable use of biological
resources and fair and equitable sharing of benefits arising out of the use
of biological resources.]
o (5) The head office of the State Biodiversity Board shall be at such place
as the State Government may, by notification in the Official Gazette,
specify.
The functions of the State Biodiversity Board to--
o (a) advise the State Government on matters relating to the conservation of
biodiversity, sustainable use of its components and fair and equitable
sharing of benefits arising out of the utilisation of biological resources or
traditional knowledge associated thereto, in conformity with the
regulations or guidelines if any, issued by the Central Government or the
National Biodiversity Authority;
o (b) regulate any activity referred to in section 7 by granting or rejecting
approvals;
 o (ba) determine the fair and equitable sharing of benefits as provided
under the regulations made in this behalf by the National Biodiversity
Authority while granting approvals;
o (c) perform such other functions as may be necessary to carry out the
provisions of this Act or as may be prescribed by the State Government.

o Section 24. Power of State Biodiversity Board to restrict certain

activities violating the objectives of conservation, etc.

o (1) Any person other than the person referred to in sub-section (2) of
section 3, intending to undertake any activity covered under section 7 like
access any biological resource and its associated knowledge for
commercial utilisation, shall give prior intimation to the State
Biodiversity Board, in such form as may be prescribed by the State
Government.
o (2) If the State Biodiversity Board is of the opinion that such activity is
detrimental or contrary to the objectives of conservation and sustainable
use of biodiversity of fair and equitable sharing of benefits arising out of
such activity, it may by order, restrict or reject such activity:
o Provided that no such order or rejection shall be made without giving an
opportunity of being heard to the person concerned.
o (3) The State Biodiversity Board shall place in public domain the details
of every approval granted or rejected under this section.

Biodiversity Management Committees (BMCs) Section 41

o Every local body at the Gram Panchayat level in the rural areas and at the
Nagar Panchayat or Municipal Committee at Municipal Corporation level
in the urban areas shall constitute a Biodiversity Management Committee
within its area for the purpose of promoting conservation, sustainable use
and documentation of biological diversity including preservation of
habitats, conservation of landraces, folk varieties, farmers' varieties, and
cultivars, domesticated stocks and breeds of animals, living things in
 water bodies and microorganisms and chronicling of knowledge relating
to biological diversity:

o Provided that the State Government may constitute Biodiversity

Management Committees at the intermediate or district Panchayat level
for achieving the objectives of the Act.
o The functions of Biodiversity Management Committee so constituted
shall include conservation, sustainable use and documentation of
biological diversity, including conservation of habitats, landraces, folk
varieties, cultivars, domesticated breeds of animals, and microorganisms,
and chronicling of traditional knowledge associated thereto relating to
biological diversity:
o The composition of the Biodiversity Management Committee shall be
such as may be prescribed by the State Government:
o Number of members of the said Committee shall not be less than seven
and not exceeding eleven.
o (2) The 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 or traditional
knowledge associated thereto occurring within the territorial jurisdiction
of the Biodiversity Management Committee.
Biodiversity Heritage Sites (BHS)
BHS are areas of biodiversity importance that are unique ecosystems with rich
biodiversity. They are declared by the State Governments under Section 37 of
the Biological Diversity Act, 2002.
On the recommendations of the State Biodiversity Board, the State Government
may, from time to time, notify in the Official Gazette, areas of biodiversity
importance as biodiversity heritage sites under this Act:
Provided that the State Biodiversity Board shall consult the local body and the
Biodiversity Management Committee concerned before making such
recommendations.
The State Government, in consultation with the Central Government, may frame
rules for the management and conservation of all the biodiversity heritage sites.
The State Government shall frame schemes for compensating or rehabilitating
any person or section of people economically affected by such notification.
o BHS can be any type of ecosystem, including forests, wetlands,
grasslands, and deserts.
o BHS are important for the conservation of biodiversity. They provide
habitat for a wide variety of plants and animals, many of which are rare
or endangered.
o BHS also plays an important role in providing ecosystem services. This
includes water purification, flood control, and carbon sequestration.
Here are some examples of BHS in India:
o Arittapatti Biodiversity Heritage Site, Tamil Nadu
o Majuli Biodiversity Heritage Site, Assam
o Nallur Tamarind Grove, Karnataka
o Sahyadri Biodiversity Heritage Sites, Maharashtra
o Eastern Ghats Biodiversity Heritage Sites, Andhra Pradesh
o Western Ghats Biodiversity Heritage Sites, Kerala

 Conservation Provisions
Section 36 talks about the role of the Central government in developing national
strategies and plans for conservation purposes. The Central government has
responsibilities such as:
1. Formulating national strategies, plans and programmes to conserve and
uphold the sustainable use of biological diversity.
2. If any area rich in biological diversity or such resources seems to be
facing threats then it is the central government’s responsibility of
notifying the respective state government and asking them to take
appropriate steps to prevent it.
3. Composing sectoral and cross-sectoral plans and policies, which are
practicable in the notified environment on the foundation of integration of
conservation and the sustainable use of biological diversity.
 4. The central government has to take measures for assessing the harmful
effects of upcoming projects on biodiversity and to either prevent it or
come up with techniques of diminishing such effects.
5. The central government must aspire to protect the traditional
knowledge holders and their knowledge with methods including
registration of such knowledge at the local, state or national levels,
and other measures necessary for protection and so on.
Section 37 of the Act involves the declaration of Biodiversity Heritage Sites
with regard to which the state government is required to notify about the areas
of biodiversity heritage in the Official Gazette under this Act. It proceeds to
protect the area rich with biodiversity in its natural surroundings. The
biodiversity-rich landscape and ecosystems brought under already legally
protected areas such as National Parks and Wildlife Sanctuaries in a method
similar to that of the declaration of Eco-sensitive areas as per the Environment
Protection Act (1986). The Section also puts the responsibility on the state
government to compensate people or sections of people economically affected
by such declaration.
Section 38 of the Act requires the Central Government, in deliberation with the
concerned State Government, notifying from time to time about species that are
on the verge of extinction or threatened species and prohibit its collection
thereof for any trade purpose and put to action appropriate steps for the
preservation of such species.
Whereas Section 39 empowers the Central Government to designate
repositories for biological material to be kept in safe custody.
But again under Section 40 of the act, the Central Government with regard to
the National Biodiversity Authority by notification in the Official Gazette can
make declarations of the Act not applying to particular items, including
biological resources normally the commodities.
In the case of Environment Support Group v. National Biodiversity Authority,
An appeal was made to declare Section 40 of the Biological Diversity Act, 2002
illegal and unconstitutional as serious prejudice was likely to be caused which
could cause jeopardy to the national interest and biodiversity of certain species.
It wanted to draw the attention of authorities towards public agricultural
universities indulging in criminal biopiracy of local varieties of eggplant.
The petitioners also highlighted that they had got 18 critically endangered plants
among its 190 plants as normally traded communities. The petition also argued
that Section 40 of the Biodiversity Act, 2002 deemed to allow arbitrary and
unfettered trade of India’s biological wealth leading to extensive bio-piracy.
Although the National Biodiversity Board and Karnataka Biodiversity Board
had filed a criminal complaint of biopiracy before the High Court of Karnataka,
the petition filed for criminal proceedings in a relevant ruling of the High Court
of Karnataka dismissed petitions and quashed criminal prosecution of the
respondents who had been accused serious criminal acts of biopiracy by the
National Biodiversity Authority and Karnataka State Biodiversity Board.
In the case of Akb Jagannath Nag v. Union Of India & Ors, it was appealed
that the petitioner had intellectual property rights in terms of Section
6 and Section 19(2) of the Biological Diversity Act, 2002 and concerned Rules
which were in his favour. Therefore, such approval by the concerned Authority
under the Biological Diversity Act would clearly come in the way of the order
criticised before the learned Single Judge. The order passed by the Controllers
and Patents and Designs as per Section 15 of the Patents (Amendment) Act,
2005 was appealable in terms of Section 117A of the Patents Act, 1970 as
amended in 2005. If there was an exercise of wrong jurisdiction, excessive
authority during passing such order, the same could be challenged before the
Appellate Authority.
Based on this the appellant had interfered with the order passed by the
Controllers of Patents and Designs as well as the learned Single Judge. If the
present approval under Section 6 of the Biological Diversity Act seemed to
change the entire scenario then it had to be brought under the notice of the
single learned judge by the way of review. Therefore, it was held that it would
not be just to point out faults with either the order of the Controllers of Patents
and Designs or the order of the learned Single Judge. This appeal was disposed
of with an application for stay given to the appellant with the choice of option
for approaching the learned Single Judge for review of the order of the
Appellate Authority as indicated.

ex situ conservation and in situ conservation

in situ and ex situ are two different approaches to conservation, and they can be
used in a variety of contexts, including biodiversity, soil remediation, and radio
frequency transmission.
In the context of Biodiversity
In situ conservation involves preserving ecosystems and natural habitats in
their original location,
while ex situ conservation involves moving ecosystems, plants, and animals to
artificial environments.
In situ conservation is cost-effective and allows species to thrive in their natural
environments, but it can be challenging in densely populated areas.
Ex situ conservation provides additional protection for endangered species, and
facilities like botanical gardens and zoos can help with breeding programs and
public education
As per Biodiversity Act 2002
(a) “ex situ conservation” means the conservation of components of biological
diversity outside their natural habitats;
(b) “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 where they have developed their distinctive properties
The Central Government shall involve the National Biodiversity Authority or
State Biodiversity Boards to undertake measures for conservation and
sustainable use of biological diversity or traditional knowledge associated
thereto.
 In situ conservation
 This method preserves species in their natural environments, such as in
forests, wildlife sanctuaries, and national parks.
 In situ conservation protects the environment and ecosystem, and allows
species to thrive and evolve.
 In situ conservation is the on-site conservation of genetic resources in
natural populations of plants or animal species such as forest genetic
resources, in natural populations of tree and animal species.
 The process of protecting an endangered plant or animal species in its
natural habitat is commonly known as in situ conservation.
 This area serves to protect plants from natural and man-made destructive
forces.
 Since the native land of a particular plant species is rich in genetic
diversity, in situ conservation is the best way to conserve the entire
genetic diversity of a plant species.
 In situ conservation offers several advantages: the plant population under
in situ conservation is open to free genetic exchange through random
matings and recombinations; selectively advantageous mutations may
accumulate and spread among the populations; healthy competition
among members of the population helps it to better adapt and possess
greater genetic diversity.
 Thus, this permanent habitat preservation is a dynamic and evolutionarily
potential way of conserving plant genetic material.
 In situ conservation is essential for those species that are about to become
extinct.
 It is also good for conserving the wild relatives of crop plants, tree crops,
forest crops, etc. where ex situ conservation is not effective.
 The major categories of in situ conservation approaches are habitat
conservation, and preparation of biosphere reserves, national parks and
gene sanctuaries.
 In habitat conservation, the species in a particular region is protected
without any detailed knowledge of the flora available in that habitat
(Koshoo, 1995). This is mostly adopted for those species that can survive
and best perpetuate only in their ecological niche available in the wild
habitat.
 In biosphere reserves, human and plant genetic resources are balanced to
foster both economic and human development, and ecological
sustainability (Rana, 1993). The National Committee on Environmental
Planning and Co-ordination (NCEPC) and Man and Biosphere
(UNESCO) are involved in designated areas as Biosphere Reserves
(Nayar, 1980). In India, 14 such biosphere reserves have been established
by the NCEPC and Man and Biosphere (Nayar, 1980). Of these, mulberry
is conserved in Nandadevi, Namdapha, Kaziranga, Manas, Nokrek, North
Andaman and Great Nicobar (Naik and Mukherjee, 1997). Similar efforts
were also made in Canada to conserve red mulberry in Hamilton's Royal
Botanical Gardens, Ball's Falls Conservation Area, Niagara Glen,
Rondeau Provincial Park, Point Pelee National Park, Fish Point
Provincial Nature Reserve, Pelee, Middle and East Sister Islands (Tikader
et al., 2000). However, in situ conservation is always under the threat of
natural forces and calamities. For some species in situ conservation may
 not be suitable due to their small population size, wide dispersal, genetic
drift due to inbreeding, competition from invasive species, and high
vulnerability to abiotic and biotic stresses. Under such situations, ex situ
conservation is a better choice for mulberry (Tikader et al., 2000).

 Ex situ conservation
 Ex situ conservation refers to the preservation of species outside their
natural habitats, typically to protect endangered species from threats like
habitat destruction, overexploitation, or climate change. This method
moves threatened species to artificial environments, such as zoos,
botanical gardens, and seed banks.
 Ex situ conservation provides an additional layer of protection for
species, and can help with breeding programs, research, and public
education.
 It is the relocation of endangered or rare species from their natural
habitats to protected areas equipped for their protection and preservation.
 It is an essential alternative strategy when in situ conservation is
inadequate.
 Seed Banks: Facilities like the Svalbard Global Seed Vault store seeds of
various plant species in controlled environments. These seeds can be
preserved for decades and provide a genetic reservoir in case natural
populations are lost. Rahibai Soma Popere is a farmer and conservationist
from Kombhalne, Maharashtra, India who is known as the "Seed
Mother". She is known for her work in preserving indigenous seeds and
promoting organic farming.
 Botanical Gardens and Arboreta: These are institutions where
endangered plant species are cultivated and protected. The Royal Botanic
Gardens, Kew, is a prime example, conserving rare and threatened plants
from around the world.
 Gene Banks: These involve the preservation of genetic material such as
gametes (sperm and eggs), embryos, or DNA in cryogenic storage for
future research or breeding. For instance, livestock and agricultural
genetic diversity are preserved in gene banks to prevent genetic erosion.
National Gene Bank (NGB), New Delhi: Located at the National
Bureau of Plant Genetic Resources (NBPGR), this facility conserves the
seeds of diverse crop species, including rare and endangered ones. It
plays a significant role in safeguarding the genetic diversity of plants
used in agriculture.
 Zoos and Aquariums: Institutions like the San Diego Zoo and the
Monterey Bay Aquarium are involved in breeding programs for
endangered animals. These programs aim to reintroduce individuals back
into the wild when conditions are favorable. Arignar Anna Zoological
Park, Chennai: One of the largest zoos in India, it conducts breeding
programs for endangered species such as the Bengal Tiger, Indian
Elephant, and Lion-tailed Macaque. The zoo also actively participates in
wildlife conservation and awareness programs.
 Captive Breeding Programs: Many zoos and research centers run
captive breeding initiatives for critically endangered species, such as the
California Condor or the Arabian Oryx, with the goal of releasing
individuals back into their natural habitats once the populations are
stabilized. Sanjay Gandhi National Park, Mumbai: This park houses a
rescue center for endangered species and operates captive breeding
programs, including for the Indian Leopard. It also serves as a hub for
conserving various species of flora and fauna.