Meaning:

Biological Diversity means the variability among living organisms from all sources, including interalia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part and this includes diversity within species, between species and of ecosystems. Biodiversity is defined as the variety and variability among living organisms and the ecological complexes in which they occur is measured at three levels viz., genes, species and ecosystem.

The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use and enabling fair and equitable sharing benefits arising out of the use and knowledge of biological resources with the local communities.

Salient Features of the Biological Diversity Act – 2002:

1. After an extensive and intensive consultation process involving the stakeholders, the Govt. of India has brought Biological Diversity Act, 2002.
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2. To regulate access to biological resources of the country equitable share in benefits arising out of the use of biological resources.
3. To conserve and sustainable use of biological diversity.
4. Setting up of National Biodiversity Authority (NBA), State Biodiversity Board (SBB) and Biodiversity Management Committee’s. (BMC’s).
5. NBA and SBB are required to consult BMCs in decisions relating to bioresource / related knowledge within their Jurisdiction.
6. To respect and protect knowledge of local communities traditional knowledge related to biodiversity.
7. 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.
8. All foreign nationals / organizations require prior approval of NBA for obtaining biological resources and / or associated knowledge for use.
9. Indian scientists / individuals require approval of NBA for transferring results of research to foreign nationals / organizations.
10. Conservation and development of areas of importance from the standpoint of biological diversity by declaring them as biological diversity heritage sites.
11. Protection and rehabilitation of threatened species.
12. Involvement of institutions of State Government in the broad scheme of the implementation of the Biological Diversity Act through constitution of committees.
13. Protect India’s rich biodiversity and associated knowledge against their use by foreign individuals and organizations without sharing benefits arising out of such use and check Biopiracy.
14. Indian Industry needs prior intimation to SBB to obtain bioresource. SBB has right to restrict if found to violate conservation and sustainable use and benefit sharing.
15. Provisions for notifying heritage sites by State Government in consultation with local body.
16. Creation of National, State and Local Biodiversity Fund and its use for conservation of biodiversity.
17. Prior approval is needed from NBA for IPRs in any invention in India or outside India on Bioresource

Exemptions from the Act

The Act excludes Indian biological resources that are normally traded as commodities. Such exemption holds only so far the biological resources are used as commodities and for no other purpose. The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between
Indian and foreign institutions with the approval of the central government. Uses by cultivators and breeds, e.g. farmers, livestock keepers and bee keepers and traditional healers e.g. vaids and hakims are also exempted.

Framework of Biological Diversity Act, 2002

• A three-tiered framework was envisioned by the legislation to control access to biological resources:
• The National Biodiversity Authority (NBA)
• The State Biodiversity Boards (SBBs)
• The Biodiversity Management Committees (BMCs) (at local level)

The National Biodiversity Authority(NBA)

The National Biodiversity Authority (NBA) was established in 2003 by the Central Government to implement India’s Biological Diversity Act (2002). It is a Statutory body that performs facilitative, regulatory and advisory functions for the Government of India on the issue of Conservation and sustainable use of biological resources.
Structure of the NBA
The National Biodiversity Authority consists of the following members to be appointed by the central government, namely:
* A Chairperson.
* Three ex officio members, one representing the Ministry dealing with Tribal
* Affairs and two representing the Ministry dealing with Environment and Forests.
* Seven ex-officio members to represent respectively the Ministries of the
* Central Government dealing with:
* Agricultural Research and Education
* Biotechnology
* Ocean Development
* Agriculture and Cooperation
* Indian Systems of Medicine and Homoeopathy
* Science and Technology
* Scientific and Industrial Research;
* Five non-official members to be appointed from amongst specialists and scientists having special knowledge and experience in the required matters.

Functions and Powers of NBA:

• Regulate activities, approve and advice the government of India on research, commercial, bio-survey and bio-utilization.
• Grant approval to Section 3,4 and 6.
• Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority (Section 3).
• Results of research not to be transferred to certain persons without approval of National Biodiversity Authority (Section 4).
• Application for IPR rights not to be made without approval of National Biodiversity Authority (Section 6).
• Perform such other functions as may be necessary to carry out the provisions of this act.
Approvals by NBA:
• Any person who intends to access or apply for a patent or any other form of IPR protection whether in India or outside India referred to sub-section (1) of Section 6 may make an application prescribed by NBA.
• Any person who intends to transfer any biological resource or knowledge associated thereto referred to sub-section (1) of Section 3 shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
• Determination of equitable benefit sharing by National Biodiversity Authority.

State Biodiversity Boards (SBBs)

The SBBs are established by the State Governments in accordance with Section 22 of the Act.

Structure: The State Biodiversity Board consists of the following members:
* A Chairperson
* Not more than five ex officio members to represent the concerned Departments of the State Government
* Not more than five members from amongst 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.
* All the members of the SBB are appointed by the respective State Governments.

Functions of SBBs

• Advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation, sustainable use or sharing equitable benefits.
• Regulate by granting approvals or otherwise requests for commercial utilisation or bio-survey and bio-utilisation of any biological resource by people.
  Note:
  There are no State Biodiversity Boards constituted for Union territories.
  The National Biodiversity Authority exercises the powers and performs the functions of a State Biodiversity Board for the UTs.
  

Biodiversity Management Committees (BMCs)

According to Section 41 of the Act, every local body shall constitute the BMC 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 and cultivars
Domesticated stocks And breeds of animals
Microorganisms And Chronicling Of Knowledge Relating To Biological Diversity.

Structure

It shall consist of a chair person and not more than six persons nominated by the local body.
Out of total members of a BMC, not less than one third should be women and not less than 18% should belong to the Scheduled Castes/ Scheduled Tribes.
The Chairperson of the Biodiversity Management Committee shall be elected from amongst the members of the committee in a meeting to be chaired by the Chairperson of the local body.
The chairperson of the local body shall have the casting votes in case of a tie.
Functions
* The main function of the BMC is to prepare People’s Biodiversity Register in consultation with the local people.
* The register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other.

National Biodiversity Fund:

A National Biodiversity Fund is being constituted for this purpose. The NBA will ensure that equitable benefit sharing is made during the utilization of biological resources and the knowledge relating to them. The amount of benefit sharing will be deposited in the National Biodiversity Fund and the amount shall be paid directly to such individuals or groups of individuals or organizations in accordance with the terms of any agreement in such manner as decided by the NBA. On behalf of the Central government, the NBA will take all measures to oppose Intellectual Property Rights granted outside India on any biological
resource or associated knowledge originating from India.

Conclusion:

The conservation and sustainable use of biological diversity is critical importance of meeting of food, fodder, fiber, health, water and other needs of growing world population for which purpose, access to and sharing of both genetic resources and technologies are essential. It should be determined to conserve and sustainable use of biological diversity for the benefit
of present and future generations.The intrinsic value of Biological diversity and of the ecological, genetic, social,economic, scientific, educational, cultural, recreational and aesthetic values and its components are to be taken care properly for the better management of biological resources and biodiversity for the welfare of human beings for better, and healthier as well as peaceful living on earth. The conservation of biological diversity is a serious and common concern of human beings for better living.