The Biological Diversity Act, 2002 · IV — FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY

Section 18. Functions and powers of National Biodiversity Authority

In force · As amended up to 2026-08

CHAPTER IV FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY 18. Functions and powers of National Biodiversity Authority —[5] [(1) The National Biodiversity Authority shall, with the approval of the Central Government, make regulations to provide for access to biological resources and traditional knowledge associated thereto, and for determination of fair and equitable sharing of benefits. (2) It shall be the duty of the National Biodiversity Authority to regulate any activity referred to in sections 3, 4 and 6 by granting or rejecting approvals.] (3) The National Biodiversity Authority may— 1. Ins. by Act 10 of 2023, s. 13 (w.e.f. 1-4-2024). 2. Ins. by s. 14, ibid . (w.e.f. 1-4-2024). 3. Subs. by s. 14, ibid ., for "signature of an officer" (w.e.f. 1-4-2024). 4. Ins. by s. 15, ibid . (w.e.f. 1-4-2024). 5. Subs. by s. 16, ibid ., for sub-sections (1) and (2) (w.e.f. 1-4-2024). (a) advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and[1] [fair and equitable] sharing of benefits arising out of the utilisation of biological resources; (b) advise the State Governments in the selection of areas of biodiversity importance to be notified under sub-section (1) of section 37 as[2] [biodiversity heritage sites] and measures for the management of such heritage sites; 3[(ba) advise the State Biodiversity Boards on any matter relating to the implementation of the Act;] (c) perform such other functions as may be necessary to carry out the provisions of this Act. 4[(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 which is found in or brought from India, including those deposited in repositories outside India, or traditional knowledge associated thereto accessed.]

Source: India Code

How this section changed

  1. inserted by Act 10 of 2023, s. 13

    In force from 1 Apr 2024

    Footnote: 1. Ins. by Act 10 of 2023, s. 13 (w.e.f. 1-4-2024).

  2. inserted by Act 10 of 2023, s. 14

    In force from 1 Apr 2024

    Footnote: 2. Ins. by s. 14, ibid . (w.e.f. 1-4-2024).

  3. substituted by Act 10 of 2023, s. 14

    In force from 1 Apr 2024

    Earlier wording: “signature of an officer”

    Footnote: 3. Subs. by s. 14, ibid ., for "signature of an officer" (w.e.f. 1-4-2024).

  4. inserted by Act 10 of 2023, s. 15

    In force from 1 Apr 2024

    Footnote: 4. Ins. by s. 15, ibid . (w.e.f. 1-4-2024).

  5. substituted by Act 10 of 2023, s. 16

    In force from 1 Apr 2024

    Footnote: 5. Subs. by s. 16, ibid ., for sub-sections (1) and (2) (w.e.f. 1-4-2024).