Section 36A. Measures to be taken by National Biodiversity Authority

CHAPTER IX DUTIES OF THE CENTRAL AND THE STATE GOVERNMENTS 36.[5] [Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity .] —(1) The Central Government shall[6] [in consultation with the State Government and Union territories] develop national strategies, plans, programmes for the conservation and promotion and sustainable use of biological diversity including measures for identification and monitoring of areas rich in biological resources, promotion of in situ , and ex situ 7[conservation of biological resources, including cultivars, folk varieties and landraces, incentives] for research, training and public education to increase awareness with respect to biodiversity. identification and monitoring of areas rich in biological resources, promotion of in situ , and ex situ , (2) Where the Central Government has reason to believe that any area rich in biological diversity, biological resources and their habitats is being threatened by overuse, abuse or neglect, it shall issue directives to the concerned State Government to take immediate ameliorative measures, offering such State Government any technical and other assistance that is possible to be provided or needed. (3) The Central Government shall, as far as practicable wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant[8] [sectoral policies or cross-sectoral plans and programmes]. (4) The Central Government shall undertake measures,— 1. Ins. by Act 10 of 2023, s. 24 (w.e.f. 1-4-2024). 2. Subs. by s. 24, ibid ., for clause (c) (w.e.f. 1-4-2024). 3. Subs. by s. 24, ibid ., for clause (d) (w.e.f. 1-4-2024). 4. Subs. by s. 24, ibid ., for clause (e) (w.e.f. 1-4-2024). 5. Subs. by s. 25, ibid ., for the marginal heading (w.e.f. 1-4-2024). 6. Ins. by s. 25, ibid . (w.e.f. 1-4-2024). 7. Subs. by s. 25, ibid ., for "conservation of biological resources, incentives" (w.e.f. 1-4-2024). 8. Subs. by s. 25, ibid ., for "sectoral or cross-sectoral plans, programmes and policies" (w.e.f. 1-4-2024). (i) wherever necessary, for assessment of environmental impact of that project which is likely to have adverse effect on biological diversity, with a view to avoid or minimise such effects and where appropriate provide for public participation in such assessment; (ii) to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology likely to have adverse impact on the conservation and sustainable use of biological diversity and human health. (5) The Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the National Biodiversity Authority through such measures, which may include registration of such knowledge at the local, State or national levels, and other measures for protection, including sui generis system. 1[(6) The Central Government shall involve the National Biodiversity Authority or State Biodiversity Boards to undertake measures for conservation and sustainable use of biological diversity or traditional knowledge associated thereto.] Explanation .—For the purposes of this section,— (a) " ex situ conservation" means the conservation of components of biological diversity outside their natural habitats; (b) " in situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. 2[ 36A. Measures to be taken by National Biodiversity Authority .—The Central Government may authorise National Biodiversity Authority or any other organisation to take any measure necessary to monitor and regulate within the territory of India, the access and utilisation of biological resources obtained from a foreign country in order to meet the international obligations to which India is a signatory.