1

(2) In the case of cultivated medicinal plants, the exemption under sub-section (1) shall be available [(e) a Member-Secretary, who shall have experience in matters relating to biodiversity
only if a certificate of origin is obtained from the Biodiversity Management Committee in such manner as conservation, to be appointed by the Central Government.]
may be prescribed.
9. Conditions of service of 2[Chairperson, members and Member-Secretary.]—The term of office
(3) The Biodiversity Management Committee shall, on the basis of entries made in such books, and conditions of service of the Chairperson and the other members other than ex officio members of the
maintained in such manner, issue the certificate of origin under subsection (2) in such manner as may be National Biodiversity Authority 3[and of Member-Secretary] shall be such as may be prescribed by the
prescribed.] Central Government.
CHAPTER III 10. Chairperson to be Chief Executive of National Biodiversity Authority.—The Chairperson
shall be the Chief Executive of the National Biodiversity Authority and shall exercise such powers and
NATIONAL BIODIVERSITY AUTHORITY
perform such duties, as may be prescribed.
8. Establishment of National Biodiversity Authority.—(1) With effect from such date as the 4
[10A. Member Secretary.— (1) The Member-Secretary shall be the chief coordinating officer and
Central Government may, by notification in the Official Gazette, appoint, there shall be established by the
Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority. the convener of the National Biodiversity Authority and shall assist that Authority in the discharge of its
functions under this Act.
(2) 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 (2) The Member-Secretary shall perform such other functions as may be prescribed.]
movable and immovable, and to contract, and shall by the said name sue and be sued. 11. Removal of members.—The Central Government may remove from the National Biodiversity
1
[(3) The head office of the National Biodiversity Authority shall be at Chennai and the National Authority any member who, in its opinion, has—
Biodiversity Authority may, with the previous approval of the Central Government, establish offices at (a) been adjudged as an insolvent; or
other places in India.]
(b) been convicted of an offence which involves moral turpitude; or
(4) The National Biodiversity Authority shall consist of the following members, namely:—
(c) become physically or mentally incapable of acting as a member; or
2
[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and
(d) so abused his position as to render his continuance in office detrimental to the public interest;
experience in the conservation and sustainable use of biological diversity and in matters relating to
or
fair and equitable sharing of benefits, to be appointed by the Central Government;
(e) acquired such financial or other interest as is likely to affect prejudicially his functions as a
(b) sixteen ex officio members to be appointed by the Central Government, representing the
member.
Ministries dealing with—
12. Meetings of National Biodiversity Authority.—(1) The National Biodiversity Authority shall
(i) Agricultural Research and Education;
meet at such time and place and shall observe such rules of procedure in regard to the transaction of
(ii) Agriculture and Farmers Welfare; business at its meetings (including the quorum at its meetings) as may be prescribed.
(iii) Ayurveda, Unani, Siddha, Sowa Rigpa, Yoga and Naturopathy and Homoeopathy; (2) The Chairperson of the National Biodiversity Authority shall preside at the meetings of the
(iv) Biotechnology; National Biodiversity Authority.

(v) Environment and Climate Change; (3) If for any reason the Chairperson is unable to attend any meeting of the National Biodiversity
Authority, any member of the National Biodiversity Authority chosen by the members present at the
(vi) Forests and Wildlife; meeting shall preside at the meeting.
(vii) Indian Council of Forestry Research and Education; (4) All questions which come before any meeting of the National Biodiversity Authority shall be
(viii) Earth Sciences; decided by a majority of votes of the members present and voting and in the event of equality of votes,
the Chairperson or, in his absence, the person presiding, shall have and exercise a second or casting vote.
(ix) Panchayati Raj;
(5) Every member who is in any way, whether directly, indirectly or personally, concerned or
(x) Science and Technology; interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and
(xi) Scientific and Industrial Research; after such disclosure, the member concerned or interested shall not attend that meeting.

(xii) Tribal Affairs; (6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason
of—
(c) four representatives from State Biodiversity Boards on rotational basis;]
(a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or
(d) five non-official members to be appointed from amongst 3[experts including legal experts]
and scientists having special knowledge of, or experience in, matters relating to conservation of (b) any defect in the appointment of a person acting as a member; or
biological diversity, sustainable use of biological resources and 4[fair and equitable] sharing of (c) any irregularity in the procedure of the National Biodiversity Authority not affecting the
benefits arising out of the use of biological resources, representatives of industry, conservers, creators merits of the case.
and knowledge-holders of biological resources.

1. Subs. by Act 10 of 2023, s. 10, for sub-section (3) (w.e.f. 1-4-2024). 1. Ins. by Act 10 of 2023, s. 10 (w.e.f. 1-4-2024).
2. Subs. by s. 10, ibid., for clauses (a), (b) and (c) (w.e.f. 1-4-2024). 2. Subs. by s. 11, ibid., for “Chairperson and members” (w.e.f. 1-4-2024).
3. Subs. by s. 10, ibid., for “specialists” (w.e.f. 1-4-2024). 3. Ins. by s. 11, ibid. (w.e.f. 1-4-2024).
4. Subs. by s. 10, ibid., for “equitable” (w.e.f. 1-4-2024). 4. Ins. by s. 12, ibid. (w.e.f. 1-4-2024).
8 9
 13. Committees of National Biodiversity Authority.—(1) The National Biodiversity Authority may (a) advise the Central Government on matters relating to the conservation of biodiversity,
constitute a committee to deal with agro-biodiversity. sustainable use of its components and 1[fair and equitable] sharing of benefits arising out of the
utilisation of biological resources;
Explanation.—For the purposes of this sub-section, “agro-biodiversity” means biological diversity of
agriculture related species and their wild relatives. (b) advise the State Governments in the selection of areas of biodiversity importance to be
1 notified under sub-section (1) of section 37 as 2[biodiversity heritage sites] and measures for the
[(2) The National Biodiversity Authority may also constitute such number of committees as it deems
management of such heritage sites;
fit for the efficient discharge of its duties and performance of its functions under this Act.]
3
[(ba) advise the State Biodiversity Boards on any matter relating to the implementation of the
(3) A committee constituted under this section shall co-opt such number of persons, who are not the
Act;]
members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have
the right to attend the meetings of the committee and take part in its proceedings but shall not have the (c) perform such other functions as may be necessary to carry out the provisions of this Act.
right to vote. 4
[(4) The National Biodiversity Authority may, on behalf of the Central Government, take any
(4) The persons appointed as members of the committee under sub-section (2) shall be entitled to measures necessary to oppose the grant of intellectual property rights in any country outside India on any
receive such allowances or fees for attending the meetings of the committee as may be fixed by the biological resource which is found in or brought from India, including those deposited in repositories
Central Government. outside India, or traditional knowledge associated thereto accessed.]
14. Officers and employees of National Biodiversity Authority.—(1) The National Biodiversity CHAPTER V
Authority may appoint such officers and other employees as it considers necessary for the efficient
discharge of its functions under this Act.
APPROVAL BY THE NATIONAL BIODIVERSITY AUTHORITY

(2) The terms and conditions of service of such officers and other employees of the National 19. Approval by National Biodiversity Authority for undertaking certain activities.—(1) Any
person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring
Biodiversity Authority shall be such as may be specified by regulations.
in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and
15. Authentication of orders and decisions of National Biodiversity Authority.—All orders and bio-utilisation or transfer the results of any research relating to biological resources occurring in, or
decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson obtained from, India, shall make application in such form and payment of such fees as may be prescribed,
2
[or Member-Secretary] or any other member authorised by the National Biodiversity Authority in this to the National Biodiversity Authority.
behalf and all other instruments executed by the National Biodiversity Authority shall be authenticated by 5
[(2) Any person referred to in sub-section (2) of section 3 who intends to apply for a patent or any
the 3[signature of Member-Secretary or an officer] of the National Biodiversity Authority authorised by it
in this behalf. other form of intellectual property rights, whether in India or outside India, referred to in sub-section (1)
of section 6, may make an application to the National Biodiversity Authority in such form, on payment of
16. Delegation of powers.—The National Biodiversity Authority may, by general or special order in such fee, and in such manner, as may be prescribed.
writing, delegate to any member 4[or Member-Secretary], officer of the National Biodiversity Authority
(2A) Any person referred to in sub-section (1A) of section 6 shall register with the National
or any other person subject to such conditions, if any, as may be specified in the order, such of the powers
Biodiversity Authority at the time of making application under sub-section (2), and persons referred to in
and functions under this Act (except the power to prefer an appeal under section 50 and the power to
make regulations under section 64) as it may deem necessary. sub-section (1B) of section 6 shall obtain prior approval from the National Biodiversity Authority at the
time of commercialisation.]
17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of
India.—The salaries and allowances payable to the members and the administrative expenses of the (3) On receipt of an application under sub-section (1) or sub-section (2), the National Biodiversity
Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert
National Biodiversity Authority including salaries, allowances and pension payable to, or in respect of,
committee constituted for this purpose, by order, grant approval subject to any regulations made in this
the officers and other employees of the National Biodiversity Authority shall be defrayed out of the
Consolidated Fund of India. behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by
way of royalty or for reasons to be recorded in writing, reject the application:
CHAPTER IV
Provided that no such order for rejection shall be made without giving an opportunity of being heard
FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY to the person affected.
18. Functions and powers of National Biodiversity Authority—5[(1) The National Biodiversity 6
[(3A) The National Biodiversity Authority shall, while granting approval under this section,
Authority shall, with the approval of the Central Government, make regulations to provide for access to determine the benefit sharing in such manner as may be specified by regulations made in this behalf:
biological resources and traditional knowledge associated thereto, and for determination of fair and
Provided that if the National Biodiversity Authority is of the opinion that such an activity is
equitable sharing of benefits.
detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or fair and
(2) It shall be the duty of the National Biodiversity Authority to regulate any activity referred to in equitable sharing of benefits arising out of such activity, it may, by order, for reasons to be recorded in
sections 3, 4 and 6 by granting or rejecting approvals.] writing, prohibit or restrict any such activity:
(3) The National Biodiversity Authority may—

1. Subs. by Act 10 of 2023, s. 16, for “equitable” (w.e.f. 1-4-2024).

1. Ins. by Act 10 of 2023, s. 13 (w.e.f. 1-4-2024). 2. Subs. by s. 16, ibid., for “heritage sites” (w.e.f. 1-4-2024).
2. Ins. by s. 14, ibid. (w.e.f. 1-4-2024). 3. Ins. by s. 16, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 14, ibid., for “signature of an officer” (w.e.f. 1-4-2024). 4. Subs. by s. 16, ibid., for sub-section (4) (w.e.f. 1-4-2024).
4. Ins. by s. 15, ibid. (w.e.f. 1-4-2024). 5. Subs. by s. 17, ibid., for sub-section (2) (w.e.f. 1-4-2024).
5. Subs. by s. 16, ibid., for sub-sections (1) and (2) (w.e.f. 1-4-2024). 6. Ins. by s. 17, ibid. (w.e.f. 1-4-2024).
10 11
 Provided further that no such order for rejection shall be made without giving an opportunity of being (3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity
heard to the person concerned.] Authority may direct the amount to be deposited in the National Biodiversity Fund:
1 1
[(4) The National Biodiversity Authority shall place in public domain details of every approval [Provided that where biological resource or associated knowledge was a result of access from an
granted or rejected under this section.] 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
20. Transfer of 2[results of research].—3[(1) Any person or entity who intends to transfer the results
any agreement and in such manner as it deems fit.]
of any research on biological resources, which are found in or brought from India, including those
deposited in repositories outside India or traditional knowledge associated thereto, to persons referred to (4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the
under sub-section (2) of section 3 for monetary consideration or otherwise, he shall make an application Central Government, by regulations, frame guidelines.
to the National Biodiversity Authority in such form, and on payment of such fee, as may be prescribed.]
CHAPTER VI
(2) Any person who intends to transfer 4[the results of research] referred to in sub-section (1) shall
STATE BIODIVERSITY BOARD
make an application in such form and in such manner as may be prescribed to the National Biodiversity
Authority. 22. Establishment of State Biodiversity Board.—(1) With effect from such date as the State
5 Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established
[(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may,
by that Government for the purposes of this Act, a Board for the State to be known as
after making such enquiries, as it deems fit, by order, grant approval, subject to such terms and
the______________ (name of the State) Biodiversity Board.
conditions, as it may deem fit, including benefit sharing or otherwise, as per the guidelines or for reasons
to be recorded in writing, or reject the application: (2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be
constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority
Provided that no such order for rejection shall be made without giving an opportunity of being heard
shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory:
to the person concerned.
Provided that in relation to any Union territory, the National Biodiversity Authority may delegate all
(4) The National Biodiversity Authority shall place in public domain the details of every approval
or any of its powers or functions under this sub-section to such person or group of persons 2[or body] as
granted or rejected under this section.]
the Central Government may specify.
21. Determination of 6[fair and equitable] benefit sharing by National Biodiversity Authority.—
7 (3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a
[(1) The National Biodiversity Authority shall, while determining benefit sharing for the approval
common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to
granted under this Act, ensure that the terms and conditions subject to which the approval is granted
contract, and shall by the said name sue and be sued.
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 (4) The Board shall consist of the following members, namely:—
thereto in accordance with mutually agreed terms and conditions between the person applying for such 3
[(a) a Chairperson, who shall be an eminent person having adequate knowledge, expertise and
approval, and the Biodiversity Management Committee represented by the National Biodiversity experience in the conservation and sustainable use of biological diversity and in matters relating to
Authority.] fair and equitable sharing of benefits, to be appointed by the State Government;
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf, (b) not more than seven ex officio members to be appointed by the State Government to represent
determine the benefit sharing which shall be given effect in all or any of the following manner, the concerned departments of the State Government, including departments dealing Panchayati Raj
namely:— and tribal affiairs;
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority, (c) not more than five non-official members to be appointed from amongst experts, including
or where benefit claimers are identified, to such benefit claimers; legal experts, scientists having special knowledge, expertise and work experience in matters relating
(b) transfer of technology; 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.]
(c) location of production, research and development units in such areas which will facilitate
better living standards to the benefit claimers; (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.
(d) association of Indian scientists, benefit claimers and the local people with research and
development in biological resources and bio-survey and bio-utilisation; 23. Functions of State Biodiversity Board.—The functions of the State Biodiversity Board shall be
to—
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
4
[(a) advise the State Government on matters relating to the conservation of biodiversity,
(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as
sustainable use of its components and fair and equitable sharing of benefits arising out of the
the National Biodiversity Authority may deem fit.
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;
1. Subs. by Act 10 of 2023, s. 17, for sub-section (4) (w.e.f. 1-4-2024). (b) regulate any activity referred to in section 7 by granting or rejecting approvals;
2. Subs. by s. 18, ibid., for “biological resource or knowledge” (w.e.f. 1-4-2024).
3. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-4-2024).
4. Subs. by s. 18, ibid., for “any biological resource or knowledge associated thereto” (w.e.f. 1-4-2024). 1. Subs. by Act 10 of 2023, s. 19, for the proviso (w.e.f. 1-4-2024).
5. Subs. by s. 18, ibid., for sub-sections (3) and (4) (w.e.f. 1-4-2024). 2. Ins. by s. 20, ibid. (w.e.f. 1-4-2024).
6. Subs. by s. 19, ibid., for “equitable” (w.e.f. 1-4-2024). 3. Subs. by s. 20, ibid., for clauses (a), (b) and (c) (w.e.f. 1-4-2024).
7. Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 1-4-2024). 4. Subs. by s. 21, ibid., for clauses (a) and (b) (w.e.f. 1-4-2024).
12 13
 (ba) determine the fair and equitable sharing of benefits as provided under the regulations made 38. Power of Central Government to notify threatened species.—Without prejudice to the
in this behalf by the National Biodiversity Authority while granting approvals;] provisions of any other law for the time being in force, the Central Government, in consultation with the
concerned State Government, may from time to time notify any species which is on the verge of
(c) perform such other functions as may be necessary to carry out the provisions of this Act or as
extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate
may be prescribed by the State Government.
collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species.
24. Power of State Biodiversity Board to restrict certain activities violating the objectives of 1
[Provided that the Central Government may delegate such power to the State Government:
conservation, etc.—1[(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, shall give prior intimation to the State Provided further that where such power is delegated to the State Government, it shall consult the
Biodiversity Board, in such form as may be prescribed by the State Government.] National Biodiversity Authority before issuing any such notification.]
2
[(2) If the State Biodiversity Board is of the opinion that such activity is detrimental or contrary to 39. Power of Central Government to designate repositories.—(1) The Central Government may,
the objectives of conservation and sustainable use of biodiversity of fair and equitable sharing of benefits in consultation with the National Biodiversity Authority, designate institutions as repositories under this
arising out of such activity, it may by order, restrict or reject such activity: Act for different categories of biological resources.
Provided that no such order or rejection shall be made without giving an opportunity of being (2) The repositories shall keep in safe custody the biological material including voucher specimens
heard to the person concerned. deposited with them.
(3) The State Biodiversity Board shall place in public domain the details of every approval granted or (3) Any new tax on discovered by any person shall be notified to the repositories or any institution
rejected under this section.] designated for this purpose and he shall deposit the voucher specimens with such repository or institution.
25. Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board.—The 2
[40. Provisions of this Act not to apply in certain cases. —Notwithstanding anything contained in
provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the this Act, the Central Government may, in consultation with the National Biodiversity Authority, by
following modifications, namely:— notification in the Official Gazette, declare that all or any of the provisions of this Act shall not apply to
biological resources when normally traded as commodities or to the items derived from them, including
(a) references to the Central Government shall be construed as references to the State
agricultural wastes, as notified and cultivated medicinal plants and their products for entities covered
Government;
under section 7, registered as per the regulations made or as may prescribed:
(b) references to the National Biodiversity Authority shall be construed as references to the State
Provided that no exemption shall be made for the activities referred to in sub-sections (1) and (2) of
Biodiversity Board;
section 6.]
(c) reference to the Consolidated Fund of India shall be construed as reference to the
CHAPTER X
Consolidated Fund of the State.
BIODIVERSITY MANAGEMENT COMMITTEES
CHAPER VII
41. Constitution of Biodiversity Management Committee.—3[(1) Every local body at the Gram
FINANACE, ACCOUNTS AND AUDIT OF NATIONAL BIODIVERSITY AUTHORITY
Panchayat level in the rural areas and at the Nagar Panchayat or Municipal Committee at Municipal
26. Grants or loans by the Central Government.—The Central Government may, after due Corporation level in the urban areas shall constitute a Biodiversity Management Committee (by whatever
appropriation made by Parliament by law in this behalf, pay to the National Biodiversity Authority by name called) within its area for the purpose of promoting conservation, sustainable use and
way of grants or loans such sums of money as the Central Government may think fit for being utilised for documentation of biological diversity including preservation of habitats, conservation of landraces, folk
the purposes of this Act. varieties, farmers' varieties, and cultivars, domesticated stocks and breeds of animals, living things in
27. Constitution of National Biodiversity Fund—(1) There shall be constituted a Fund to be called water bodies and microorganisms and chronicling of knowledge relating to biological diversity:
the National Biodiversity Fund and there shall be credited thereto— Provided that the State Government may constitute Biodiversity Management Committees at the
(a) any grants and loans made to the National Biodiversity Authority under section 26; intermediate or district Panchayat level for achieving the objectives of the Act.
3
[(b) all sums including charges and benefit sharing amount received by the National Biodiversity (1A) The functions of Biodiversity Management Committee so constituted shall include conservation,
Authority;] sustainable use and documentation of biological diversity, including conservation of habitats, landraces,
folk varieties, cultivars, domesticated breeds of animals, and microorganisms, and chronicling of
(c) all sums received by the National Biodiversity Authority from such other sources as may be traditional knowledge associated thereto relating to biological diversity
decided upon by the Central Government.
(1B) The composition of the Biodiversity Management Committee shall be such as may be prescribed
(2) The Fund shall be 4[utilised] for— by the State Government:
(a) channeling benefits to the benefit claimers; Provided that the number of members of the said Committee shall not be less than seven and not
5
[(b) conservation, promotion and sustainable use of biological resources; exceeding eleven.]
(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

1. Subs. by Act 10 of 2023, s. 22, for sub-section (1) (w.e.f. 1-4-2024).

2. Subs. by s. 22, ibid., for sub-sections (2) and (3) (w.e.f. 1-4-2024).
3. Subs. by s. 23, ibid., for clause (b) (w.e.f. 1-4-2024). 1. Ins. by Act 10 of 2023, s. 28 (w.e.f. 1-4-2024).
4. Subs. by s. 23, ibid., for “applied” (w.e.f. 1-4-2024). 2. Subs. by s. 29, ibid., for section 40 (w.e.f. 1-4-2024).
5. Subs. by s. 23, ibid., for clauses (b) and (c) (w.e.f. 1-4-2024). 3. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-4-2024).
14 18
resources 1[or traditional knowledge associated thereto] occurring within the territorial jurisdiction of the
Biodiversity Management Committee.
2
[Explanation.—For the purposes of this section—
(a) “cultivar” means a veriety of plant that has originated and persisted under cultivation or
was specifically bred 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;
(d) “farmers' variety” means a veriety which—
(i) has been traditionally cultivated and evolved by the farmers in their field; or
(ii) is a wild relative or landrace of a veriety about which the farmers possess the
common knowledge.]
(3) The Biodiversity Management Committees may levy charges by way of collection fees from any
person for accessing or collecting any biological resource for commercial purposes from areas falling
within its territorial jurisdiction.
CHAPTER XI
LOCAL BIODIVERSITY FUND
42. Grants to Local Biodiversity Fund.—The State Government may, after due appropriation made
by State Legislature by law in this behalf, pay to the Local Biodiversity Funds by way of grants or loans
such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
43. Constitution of Local Biodiversity Fund.—(1) There shall be constituted a Fund to be called the
Local Biodiversity Fund at every area notified by the State Government where any institution of
self-government is functioning and there shall be credited thereto—
(a) any grants and loans made under section 42;
(b) any grants or loans made by the National Biodiversity Authority;
(c) any grants or loans made by the State Biodiversity Boards;
(d) fees referred to in sub-section (3) of section 41 received by the Biodiversity Management
Committees;
3
[(e) benefit sharing amount and all other sums received by the Local Biodiversity Fund from
such other sources as may be decided by the State Government.]
4
[44. Application of Local Biodiversity Fund.— (1) The Local Biodiversity Fund shall be utilised in
accordance with the regulations and the guidelines made in this behalf, for—
(a) the conservation and promotion of biodiversity including restoration of areas falling within
the jurisdiction of concerned local body;
(b) the socio-economic development of the community without compromising the conservation
concerns; and
(c) the administrative expenses of the Biodiversity Management Committee.
(2) The Fund shall be utilised in such manner as may be prescribed by the State Government.]

1. Subs. by Act 10 of 2023, s. 30, for “and knowledge associated with such resources” (w.e.f. 1-4-2024).
2. Ins. by s. 30, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 31, ibid., for clause (e) (w.e.f. 1-4-2024).
4. Subs. by s. 32, ibid., for section 44 (w.e.f. 1-4-2024).
19