Biodiversity act 2002

04/18/2023 The Biodiversity act 2002 1

Biodiversity act 2002

President signature- 5th Feb 2003 Enforcement- 15th April 2004


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.


Levels of biodiversity

Genetic diversity Species diversity Community /ecosystem

diversity

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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

The Biodiversity act 2002


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


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.


Biota in 10 bio-geographic regions.

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


Biodiversity Act 2002

• 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.


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.


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.


The Structures of Biodiversity Act- 2002

National Biodiversity Authority (NBA).

State Biodiversity Boards (SBB)

Biodiversity Management Committees (BMC)s


Chapter –IIRegulation 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.


• (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.


• 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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• 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:



[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.


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


cont…Members

ChairpersonMr. Hem Pande, IAS( From 6th February

2014 onwards)

Ex officio (10 ) Non- official (5)

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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 technology


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


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


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 .


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;


• (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.


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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Himachal Pradesh State Biodiversity Board

Himachal Pradesh state biodiversity board

Mr. Sudipta Roy


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 .


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.


Biodiversity Conservation

In situ Sacred groves

and lakes

Biosphere

ReservesTerres

trial

World herta

ge sites

National parks, wildlife sanctua

ries

Ex situ

Sacred plant home garden

Seed Bank, Gene bank, Cryopreservation

Botanical garden, Zoological garden,

Aquaria


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 .


Sec.41- Biodiversity management committees

• Every local body shall constitute a biodiversity

management committees For the purpose of -• promoting conservation, • sustainable use and documentation of biological

diversity including preservation of habitats, • conservation of land races, folk varieties and cultivars,

domesticated stocks and breeds of animals and micro organisms,

• chronicling of knowledge relating to biological diversity.

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• (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.



(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.


Penalties and punishments

• Whoever contravenes or to abets the contravention of provisions

• Sec 3 or Sec. 4 or Sec. 6

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

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

Conserving agricultural biodiversityPeople’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

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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

Beej bachao andolan


THANK YOU

Biodiversity act 2002

Environment

Transcript of Biodiversity act 2002