Useful Q and A on National Biological Authority
National Biological Authority – powers and functions.

In 2003, the Central Government created the National Biodiversity Authority (NBA) to implement the Biological Diversity Act of 2002.

The National Biological Authority is a Statutory Body whose functions include facilitation, regulatory and advisory functions on issues of conservation, sustainable use of biological resources, and fair and equitable sharing of benefits arising from such resources.

Section 8 of the Biological Diversity Act, 2002, talks about the establishment of the National Biological Authority. It says that the central government may by notification in an official gazette form a body called the National Biological Authority.
Further, clause 2 of section 8 says that the National Biological Authority:

Bare Act PDFs
  • Shall be a body corporate,
  • Have perpetual succession,
  • Have a common seal,
  • It can hold or dispose of property, etc.

Power and Function of National Biological Authority

Chapter IV of the Biological Diversity Act, 2002 talks about the power and functions of the National biological Authority. These are:

  1. Its primary function is to advise the central government on matters relating to:
    • Conservation of biodiversity,
    • Sustainable use of biological resources,
    • Equitable sharing of the benefit of biological resources.
  2. It also advises the state government in the selection of areas that are of biological importance.
  3. The National Biological Authority represent the central government in the foreign proceedings of granting the patent on biological resources obtained from India.
  4. Under section 3 of the Biological Diversity Act, it approves certain kinds of people to undertake biological-related activities.
  5. Under section 4 of the Biological Diversity Act, it approves transferring any result of research from India to any foreign country.
  6. Under section 6 of the Biological Diversity Act, it approves the filing of the application of intellectual property rights in or outside India for any invention on biological resources obtained from India.
  7. Under section 19 of the Biological Diversity Act, it approves the application to the person seeking to obtain any biological resources for research or commercial utilisation.

Conclusion

The establishment of the National Biodiversity Authority by the central government was an important step toward conserving and sustainably using India’s biological resources and also giving effect to India’s 1992 commitment to the Convention on Biological Diversity (CMD).

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Ritesh Kumar is pursuing LL.B (3rd year) from Banaras Hindu University. He is enthusiastic and passionate about his career. Ritesh loves to write on legal issues, particularly Family Law, Criminal Law, Contract and Arbitration.
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