National Biodiversity Authority, State Biodiversity Boards and Biodiversity Management Committees

1. National Biodiversity Authority (sections 8 to 21)

Establishment. Established by the Central Government under section 8, with effect from 1 October 2003. It is a body corporate with perpetual succession and a common seal, able to hold property, contract, and sue and be sued. Its head office is at Chennai (section 8(3), as substituted in 2023), and it may open offices elsewhere with Central approval.

Composition (section 8(4), as substituted in 2023).

• a Chairperson, an eminent person with knowledge and experience in conservation, sustainable use and benefit sharing, appointed by the Central Government;
• sixteen ex officio members representing the Ministries dealing with agricultural research and education, agriculture, AYUSH, biotechnology, environment and climate change, forests and wildlife, forestry research, earth sciences, Panchayati Raj, science and technology, scientific and industrial research, and tribal affairs;
• four representatives of State Biodiversity Boards, by rotation;
• five non-official members from among experts, including legal experts, scientists, and representatives of industry and of conservers, creators and holders of knowledge; and
• a Member-Secretary, the chief coordinating officer and convener (section 10A).

The Chairperson is the chief executive (section 10). Members may be removed for insolvency, conviction for an offence involving moral turpitude, incapacity, abuse of position or a conflicting interest (section 11). Decisions are by majority with a casting vote for the Chairperson (section 12). The NBA may constitute committees, including one on agro-biodiversity (section 13), and delegate powers except the power to appeal under section 50 and to make regulations (section 16).

Functions and powers (sections 18 to 21).

• make regulations, with Central approval, for access to biological resources and associated knowledge and for benefit sharing (section 18(1));
• regulate the activities under sections 3, 4 and 6 by granting or rejecting approvals (section 18(2)): access by foreigners, transfer of research results, and IP based on Indian resources;
• advise the Central Government on conservation, sustainable use and benefit sharing; advise State Governments on selecting biodiversity heritage sites; and advise SBBs on implementation (section 18(3));
• take measures, on behalf of the Central Government, to oppose the grant of IP rights abroad on biological resources from India or associated knowledge (section 18(4));
• approve applications and transfers (sections 19 and 20), placing every decision in the public domain;
• determine fair and equitable benefit sharing (section 21);
• act as the SBB for Union territories (section 22(2));
• decide disputes between SBBs referred by the Central Government, with the powers of a civil court, its proceedings being judicial proceedings (section 50(4) to (7));
• manage the National Biodiversity Fund (section 27), used for channelling benefits to benefit claimers, conservation and sustainable use, and the socio-economic development of the areas from which resources were accessed.

The NBA is bound by the Central Government’s directions on questions of policy (section 48).

2. State Biodiversity Board (sections 22 to 25)

Establishment. Each State Government establishes a Board (in Karnataka, the Karnataka Biodiversity Board). There is no SBB for a Union territory; the NBA acts for it. Like the NBA it is a body corporate.

Composition (section 22(4), as substituted in 2023): a Chairperson appointed by the State Government; not more than seven ex officio members representing State departments, including Panchayati Raj and tribal affairs; and not more than five non-official members from among experts, including legal experts and scientists. Sections 9 to 17 apply to the SBB with the State Government in place of the Central Government (section 25), so it too has a Member-Secretary.

Functions (section 23):

• advise the State Government on conservation, sustainable use and benefit sharing, in conformity with Central and NBA guidelines;
• regulate the activities in section 7, that is, commercial use by Indians, by granting or rejecting approvals on prior intimation (sections 23(b) and 24);
• determine benefit sharing under NBA regulations while granting approvals (section 23(ba));
• restrict or prohibit an activity found detrimental to conservation or benefit sharing, after hearing (section 24(2)), and publish every decision;
• recommend biodiversity heritage sites after consulting the local body and BMC (section 37); and
• manage the State Biodiversity Fund (section 32), used for heritage sites, compensation of persons affected by their notification, conservation and socio-economic development.

The SBB is bound by the State Government’s policy directions (section 49).

3. Biodiversity Management Committee (sections 41 to 47)

Constitution (section 41(1), as substituted in 2023). Every local body, at the Gram Panchayat level in rural areas and at the Nagar Panchayat or Municipal level in urban areas, must constitute a BMC within its area. The State may also constitute BMCs at the intermediate or district Panchayat level. Its composition is prescribed by the State Government, with not less than seven and not more than eleven members (section 41(1B)).

Functions:

• conservation, sustainable use and documentation of biodiversity, including habitats, landraces, folk varieties, farmers’ varieties, cultivars, domesticated breeds and micro-organisms, and chronicling of traditional knowledge (section 41(1A)), done in practice through the People’s Biodiversity Register;
• to be consulted by the NBA and SBB before any decision on the use of biological resources or associated knowledge from its area (section 41(2));
• to levy collection fees from anyone accessing or collecting biological resources for commercial purposes from its area (section 41(3));
• to issue certificates of origin for cultivated medicinal plants (section 7(2) and (3));
• to be party, through the NBA, to the mutually agreed terms on which benefit sharing is fixed (section 21(1)); and
• to manage the Local Biodiversity Fund (sections 43 and 44), which receives grants, collection fees and benefit sharing amounts and is spent on conservation and restoration, the socio-economic development of the community, and the BMC’s expenses.

The BMC prepares an annual statement and audited accounts for the local body and the SBB, and these are sent to the District Magistrate (sections 45 to 47).

4. Disputes and appeals

• A dispute between the NBA and an SBB goes by appeal to the Central Government; a dispute between SBBs is referred by the Central Government to the NBA (section 50).
• A person aggrieved by a benefit sharing determination or an order of the NBA or an SBB may appeal to the National Green Tribunal (section 52A). The High Court appeal under section 52 applies only to appeals pending when the NGT Act, 2010 came into force.
• Orders of the NBA, the SBB and the NGT are executable as decrees of a civil court (section 53).
• Members and staff of the NBA and SBBs are public servants (section 51).

How this is examined

This unit is set every year. January 2026 asked “Define biological resources. Explain powers and functions of National Biodiversity Authority”; June 2025 “Explain the composition, powers and functions of authorities established under Bio-Diversity Act”; February 2025 “Discuss the functions and powers of the national bio-diversity authority and the state bio-diversity board”. The 6-mark options were “State Biodiversity Board” (January 2026) and “Biodiversity Management Committee” (February 2025). Give the composition as amended in 2023, then the functions by section number, and end with appeals to the NGT.