FAQs

The BD Act, 2002 received the assent of the President on February 05, 2003. However, the provisions of the BD Act related to administrative matters came into force on October 01, 2003 and the provisions related to Access and Benefit Sharing came into force on July 01, 2004.

In compliance with our obligations under CBD, the Biological Diversity Act was enacted with the core objectives to conserve the biological resources, ensure sustainable use of its components, and promote the fair and equitable sharing of benefits arising from the utilisation of such biological resources and or associated knowledge

Yes. As a signatory to the CBD, India has enacted BD Act, 2002, to conserve biological resources and associated TK of the tribal people and local communities. The BD Act mandates the establishment of BMCs, at the local level, which documents biological diversity and associated TK through the preparation of People’s Biodiversity Registers (PBRs).

The Act also regulates access to biological resources and associated TK. Access for research or commercial utilisation requires prior informed consent (PIC) of the concerned communities, obtained through the relevant BMCs as provided under Section 41 of the Act. Furthermore, the Act ensures fair and equitable sharing of benefits arising out of the use of biological resources and associated TK with the concerned tribal/ local communities or the original knowledge holders. These provisions empower local communities and help safeguard their TK.

The variety of life and lifeforms referred to as “biodiversity” is the source of support, sustenance and succour to all the lifeforms, including humans, on earth. Rapid loss of biological diversity and its unfair commercial application, owing to a host of reasons - unplanned development, over exploitation, unscientific use and commercial application, piracy from host nation and communities of people etc., all over the world, became a matter of grave concern of humanity. To arrest such a trend and to take measures for its conservation, its sustainable and fair use, a new international legal arrangement was crafted. CBD is the outcome of such a deliberation and the first major international legal arrangement, under the United Nations. Ratified by 196 Countries, it promotes the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the utilisation of genetic resources. The Convention was opened for signature on 5 June 1992 at the United Nations Conference on Environment and Development (the Rio “Earth Summit”). It remained open for signature until 4 June 1993, by which time it had received 168 signatures. The Convention entered into force on 29 December 1993, which was 90 days after the 30th ratification.

The CBD reaffirms the sovereign rights of the Parties (i.e., member countries) over their biological resources. It encourages countries to facilitate appropriate access to genetic resources by other Parties, subject to their national legislations.

While encouraging access to genetic resources by other Parties, the CBD makes it clear that such access is subject to prior informed consent (PIC) and mutually agreed terms (MAT), as determined by the provider country (country providing the genetic resource(s) and associated traditional knowledge).

Additionally, the CBD promotes the fair and equitable sharing of benefits arising from the utilization of genetic resources, including benefits derived from associated traditional knowledge (TK), innovations, and practices of indigenous and local communities. CBD provides the legal framework for the member countries to evolve their own legislations, with institutions of enforcement for achieving its goals that would include, regulation of access, determination of the terms for benefit sharing, and ensuring fairness and equity in sharing of benefits arising from the commercial application of biodiversity.

Yes, the BD Act, 2002 has been amended twice as given below:

1. A new provision Section 52A, was inserted with an enactment of National Green Tribunal Act, 2010 which came into force on October 18, 2010. The appellate jurisdiction under the relevant provisions of the Act has been transferred from the High Court to the National Green Tribunal.
2. The Biological Diversity (Amendment) Act, 2023 (No. 10 of 2023) published in the Gazette of India, Ext., Pt. II, S.1, vide notification no. CG-DL-E-03082023-247815 dated August 03, 2023. Subsequently, the first corrigendum was issued on 09-08-2023 and second corrigendum was issued on 29-02-2024.

The key objectives of the amendments introduced to the Act are as follows:

1. To simplify compliance procedures, enhance ease of doing business, and ensure quicker, more efficient approvals through streamlined regulatory mechanisms.
2. To give effect to the certain provisions of the Nagoya Protocol on Access and Benefit Sharing.
3. To encourage the Indian Systems of Medicine by providing certain exemptions for the AYUSH sector.
4. Exempting Section 7 entities from payment of Access and Benefit Sharing (ABS) amount for the utilisation of cultivated medicinal plants.
5. To facilitate fast-tracking of research and transfer of research results for research.
6. To streamline and rationalise provisions relating to intellectual property rights.
7. To enhance and clarify the role of State Biodiversity Boards.
8. To provide clarity regarding the amounts that may be credited to and utilised from the National Biodiversity Fund and the State Biodiversity Funds.
9. To strengthen biodiversity management committees (BMCs) and empower State Governments with the discretion to constitute BMCs at intermediate and district local body levels.
10. To regulate and monitor the utilisation of biological resources and associated knowledge of foreign entities within the territory of India.
11. To clarify provisions relating to exemptions for biological resources normally traded as commodities.
12. To decriminalise certain offences by replacing imprisonment with penalties.
13. To introduce provisions for the appointment of an Adjudicating Officer for determining penalties.

The Indian Forest Act 1927, Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980 substantially address matters relating to the conservation of forests, protection of species and habitats, regulation of forest land diversion and sustainable use in forestry and wildlife sectors. However, these legislations do not cover regulating access to the biological resources, preventing biopiracy, ensuring benefit sharing with local communities arising out of use of biological resources and associated traditional knowledge. The Biological Diversity Act, 2002 covers all these aspects and thus fills a critical gap aligning domestic law with India’s obligations under the CBD.

There is no contradiction between the provisions of the two Acts regarding access/management of forest resources by the local communities as Section 7 of the BD Act clearly states that the local people and communities of the area, including growers and cultivators of biodiversity, are exempted from the provisions of the BD Act, 2002.

Further, Section 59 of the BD Act states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, for the time being in force, relating to forests or wildlife. This ensures legal harmony between the BD Act and other environmental / forest related legislations including the Forest Rights Act, 2006.

Yes. - The Biological Diversity Rules, 2004 were notified by the Ministry of Environment, Forest and Climate Change (MoEFCC) on April 15, 2004 which came into force on July 01, 2004.

Pursuant to the amendments to the BD Act in 2023, the MoEFCC notified the Biological Diversity Rules, 2024 on October 22, 2024, thereby superseding the BD Rules, 2004. The BD Rules, 2024 came into force on December 21, 2024 upon expiry of 60 days from the date of notification in accordance with rule 1(2) of the BD Rules, 2024.

Further the BD Rules, 2024 were amended vide Biological Diversity (Amendment) Rules, 2025 which were notified on May 06, 2025 and came into force on November 01, 2025.

The NBA is mandated to perform facilitative, regulatory, and advisory functions on matters relating to biodiversity. The mandate includes the following:

• Regulating activities referred to in Sections 3, 4, and 6 of the BD Act by granting or rejecting approvals.
• Framing regulations, in consultation with the Central Government, for access to biological resources and associated traditional knowledge (TK), and for determining the fair and equitable sharing of benefits arising from their utilisation.
• Advising the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the utilisation of biological resources, in accordance with the provisions of the BD Act.
• Advising the State Governments in framing rules for the management and conservation of biodiversity heritage sites (BHSs) notified by the State Government in consultation with the State Biodiversity Board (SBB)/Union Territory Biodiversity Council (UTBC), the local body, and the concerned BMC.

Taking necessary measures, on behalf of the Central Government, to oppose the grant of intellectual property rights (IPR) in any country outside India on any biological resource occurring in, found in, or brought from India including those deposited in repositories outside India or on associated TK that has been accessed illegally.

• Adjudicating upon any dispute between two or more the State Biodiversity Boards, upon a reference made to it by the Central Government, with the same powers and functions of a Civil Court (see, Section.50(clauses 4,5,6&7)
• Performing any other functions as may be necessary to carry out the provisions of the BD Act.

The general functions of the NBA are further elaborated under Rule 11 of the Biological Diversity Rules, 2024.

The BD Act is implemented through a decentralized three-tier institutional system, viz., at the national, state and local levels as mentioned below:

• At the national level, the NBA has been established to oversee all matters relating to implementation of the BD Act, BD Rules and ABS Regulations.
• At the state level, the SBBs or UTBCs in the Union territories, have been established to deal with all matters relating to implementation of the Act and the state specific Rules framed by the respective State Governments, as applicable.
• At the local level, the BMCs have been constituted at the Gram Panchayat level in the rural areas and at the Nagar Panchayat or Municipal Committee level in the urban areas.

The SBBs are mandated to perform the following functions:

• Regulate the activity of commercial utilisation of biological resources undertaken by Section 7 person (Indian individual/entity) by granting or rejecting approvals;
• Determine the fair and equitable sharing of benefits as per the regulations notified by the NBA while granting approvals;
• Advise the State Government on matters relating to the conservation of biodiversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the utilisation of biological resources or TK associated thereto, in conformity with the regulations or guidelines if any, issued by the Central Government or the NBA;
• 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 in the state-specific Biological Diversity Rules.

• The functions of a BMC include conservation, sustainable use and documentation of biological diversity, including conservation of habitats, landraces, folk varieties, cultivars, domesticated breeds of animals, living beings in water bodies, microorganisms, and chronicling of TK associated thereto relating to biological diversity as per Section 41(1A) of the Act.
• As per Section 41(1B) of the amended BD Act, the composition of the BMC shall be as prescribed by the State Government. However, the number of members of the said Committee shall not be less than seven and not exceeding eleven.
• The BMC shall issue certificates of origin of the cultivated medicinal plants being accessed in its jurisdiction, referred to under sub-section (3) of Section 7 of the Act and maintain the records of such transactions.

As per Section 2(c) of the BD Act, the biological resources include plants, animals, micro-organisms or parts of their genetic material and derivatives (excluding value added products) with actual or potential use or value for humanity, but does not include human genetic material.

Digital Sequence Information (DSI) refers to data of genetic information from biological resources, including DNA, RNA, and protein sequences, and other related molecular data.

Section 2(ea) of the Act defines “codified traditional knowledge” as the knowledge derived from authoritative books specified in the First Schedule to the Drugs and Cosmetics Act, 1940. Access to such codified traditional knowledge is exempted for Section 7 persons (individual/entity).

Section 2(p) of the Act defines “value added products” as products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form. Access to value added products is exempted from the purview of the BD Act only if the products meet the criteria given in Section 2(p) of the Act.

The responsibility for determining whether a material qualifies as a value-added product, biological resource, or derivative lies with the NBA. The NBA reviews each application on a “case-by-case basis”, considering the nature of the resource, how it aligns with the definitions provided under the Act and Rules.

1. a person who is not a citizen of India;
2. a citizen of India, who is a non-resident as defined in clause (30) of Section 2 of the Income-tax Act, 1961;
3. a body corporate, association or organization;
   1. Not incorporated or registered in India; or
   2. Incorporated or registered in India under any law for the time being in force, which is controlled by a foreigner within the meaning of clause (27) of Section 2 of the Companies Act, 2013.

A “Foreign controlled company” means any company incorporated or registered in India under any law for the time being in force, which is controlled by a foreigner within the meaning of clause (27) of Section 2 of the Companies Act, 2013.

Under Section 2(27) of the Companies Act, 2013 -“control” shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner.

As per Section 2(a) of the Act, “access” means collecting, procuring or possessing any biological resource occurring in or obtained from India or TK associated thereto, for the purposes of research or bio-survey or commercial utilisation.

No. While the BD Act promotes conservation and sustainable use of biodiversity, it also facilitates trade and commerce in relation to biodiversity. It does the balancing act between conservation and commerce, by clear stipulations like, the provision on exemption from the benefit-sharing requirement, in relation to the notified bioresources as Normally Traded as Commodities (NTACs). The recent amendments brought out measures to encourage ‘ease of doing business’ which include,

1. Encouraging the cultivation of medicinal plants by exempting the use of cultivated medicinal plants for Indians.
2. Exemption of codified traditional knowledge from the purview of the ABS mechanism to provide a favourable environment for the growth of AYUSH sectors;
3. Aligning the definition and meaning of “control” (of companies) under Amended Act with the Companies Act, 2013

The BD Act, 2002 plays a vital role in the conservation of biodiversity and ecosystems through its three core objectives:

1. Conservation of biological diversity: Promotes the conservation of species, ecosystems, and genetic diversity through legal measures such as notification of threatened species and biodiversity heritage sites.
2. Sustainable use of its components: Ensures that the biological resources are utilised in a manner that maintains ecological balance and prevents overexploitation.
3. Fair and equitable sharing of benefits: Ensures that users of biological resources and associated TK, share benefits on an equitable basis with the local communities, knowledge holders, and individuals. These shared benefits are then utilized by the communities for conservation and sustainable management of biological resources as well as socio-economic development of the local communities. Recent amendments have reinforced these conservation measures by exempting individuals covered under Section 7 from seeking access approvals for cultivated medicinal plants. This is intended to reduce pressure on wild populations and curb the overexploitation of natural ecosystems.
4. Altogether, these provisions create a balanced framework that promotes both sustainable use and conservation. By encouraging community participation and making provisions for socio-economic development, the Act fosters local stewardship and strengthens efforts to conserve biodiversity and ecosystems.

The BD Act provides legal recognition and protection to traditional knowledge and practices associated with biological resources. It safeguards the rights of the knowledge holders and recognises them as “benefit claimers,” enabling them to receive a fair share of benefits arising from its use. Further, traditional practitioners and other such knowledge holders are provided appropriate exemptions under the Act in a supportive and enabling manner.

Section 7 of the BD (Amendment) Act, 2023 does not apply to the following:

• codified traditional knowledge;
• cultivated medicinal plants and their products; and
• 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 practising indigenous medicines, including Indian systems of medicine as a profession for sustenance and livelihood.

However, the exemption for commercial utilization of cultivated medicinal plants shall be applicable only if a ’Certificate of Origin’ is obtained from the BMC in a manner as prescribed in Rule 19 of the BD (Amendment) Rules, 2025.