The Biological Diversity Act, 2002

THE BIOLOGICAL DIVERSITY 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.

This Act extends to the whole of India and shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

The definitions under this Act include:

• access: collecting, procuring or possessing any biological resource occurring in or obtained from India or traditional knowledge associated thereto.


• biological diversity: variability among living organisms from all sources and the ecological complexes of which they are part


• biological resources: plants, animals, microorganisms or parts of their genetic material and derivatives


• commercial utilisation: end uses of biological resources for commercial utilisation such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention


• fair and equitable benefit sharing: sharing of benefits as determined by the National Biodiversity Authority under section 21

The Act establishes the following institutions:

• National Biodiversity Authority: a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable.


• State Biodiversity Board: an institution of self-government constituted under any other provision of the Constitution or any Central Act or State Act.

The term of office and conditions of service of the Chairperson and members (other than ex officio members) shall be such as may be prescribed by the Central Government.