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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY

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No. 13] NEW DELHI, THURSDAY, AUGUST 3, 2023/SRAVANA 12, 1945 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW AND JUSTICE

(Legislative Department)
New Delhi, the 3rd August, 2023/Sravana 12, 1945 (Saka)

The following Act of Parliament received the assent of the President on the
3rd August, 2023 and is hereby published for general information:—

THE BIOLOGICAL DIVERSITY (AMENDMENT) ACT, 2023

NO. 10 OF 2023
[3rd August, 2023.]

An Act further to amend the Biological Diversity Act, 2002.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Biological Diversity (Amendment) Act, 2023. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
18 of 2003. 2. In the Biological Diversity Act, 2002 (hereinafter referred to as the principal Act), in Amendment
the preamble,— of preamble.

(a) for the word “party”, the word “Party” shall be substituted;
 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(b) for the words beginning with “AND WHEREAS it is considered necessary”,
and ending with “give effect to the said Convention”, the following shall be substituted,
namely:—

“AND WHEREAS India is a Party to the Nagoya Protocol on access to genetic

resources and the fair and equitable sharing of benefits arising from their
utilisation to the convention on Biological Diversity which was adopted on the
29th October, 2010 in Nagoya, Japan;

AND WHEREAS it is considered necessary to provide for conservation,

sustainable utilisation, fair and equitable sharing of the benefits arising out of
utilisation of biological resources and also to give effect to the said Convention.”.
Amendment 3. In section 2 of the principal Act,—
of section 2.
(i) for clause (a), the following clauses shall be substituted, namely:—

‘(a) “access” means collecting, procuring or possessing any biological

resource occurring in or obtained from India or traditional knowledge associated
thereto, for the purposes of research or bio-survey or commercial utilisation;

(aa) “benefit claimers” means the conservers of biological resources, their

by-products, creators or holders of traditional knowledge associated thereto
(excluding codified traditional knowledge only for Indians) and information
relating to the use of such biological resources, innovations and practices
associated with such use and application;’;

(ii) in clause (b), after the words “biological diversity”, the words ‘or
“biodiversity” ’ shall be inserted;

(iii) for clause (c), the following clause shall be substituted, namely:—

‘(c) “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;';

(iv) after clause (e), the following clause shall be inserted, namely:—

‘(ea) “codified traditional knowledge” means the knowledge derived from

authoritative books specified in the First Schedule to the Drugs and Cosmetics
Act, 1940;’; 23 of 1940.

(v) after clause (f), the following clause shall be inserted, namely:—

‘(fa) “derivative” means a naturally occurring biochemical compound or

metabolism of biological resources, even if it does not contain functional units
of heredity;’;
(vi) after clause (g), the following clauses shall be inserted, namely:—

‘(ga) “folk variety” means a cultivated variety of plant that was developed,
grown and exchanged informally among farmers;
(gb) “India” means the territory of India as referred to in Article 1 of the
Constitution, its territorial waters, seabed and sub-soil underlying such waters,
continental shelf, exclusive economic zone or any other maritime zone as refferred
to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and
Other Maritime Zones Act, 1976, and the air space above its territory; 80 of 1976.
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

(gc) “landrace” means primitive cultivar that was grown by ancient farmers
and their successors;’;

(vii) after clause (i), the following clause shall be inserted, namely:—
‘(ia) “Member-Secretary” means the full time Secretary of the National
Biodiversity Authority, or of the State Biodiversity Board, as the case may be;’.
4. In Chapter II of the principal Act, in the Chapter heading, for the word “DIVERSITY”, Amendment
the word “RESOURCES” shall be substituted. of heading of
Chapter II.

5. In section 3 of the principal Act, in sub-section (2), in clause (c), for sub-clause (ii), Amendment
the following sub-clause shall be substituted, namely:— of section 3.

“(ii) 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
18 of 2013. Companies Act, 2013.”.
6. For section 4 of the principal Act, the following section shall be substituted, Amendment
namely:— of section 4.

“4. No person or entity shall share or transfer any result of the research on any Results of
biological resource occurring in, or obtained or accessed from, India or traditional research not
to be
knowledge associated thereto, for monetary consideration or otherwise, to a person or transferred to
body corporate referred to in sub-section (2) of section 3, without the prior written certain
approval of the National Biodiversity Authority, except the codified traditional persons
knowledge which is only for Indians: without
approval of
Provided that the provisions of this section shall not apply if publication of National
Biodiversity
research papers or dissemination of knowledge in any seminar or workshop involving Authority.
financial benefit is as per the guidelines issued by the Central Government:
Provided further that where the results of research are used for further research,
then, the registration with the National Biodiversity Authority shall be necessary:
Provided also that if the results of research are used for commercial utilisation or
for obtaining any intellectual property rights, within or outside India, prior approval of
the National Biodiversity Authority shall be required to be taken in accordance with
the provisions of this Act.”.

7. In section 5 of the principal Act,— Amendment

of section 5.
(i) in the marginal heading, for the words and figures “Sections 3 and 4”, the
words “Certain provisions” shall be substituted;
(ii) for sub-section (1), the following sub-section shall be substituted,
namely:—
“(1) The provisions of section 3 shall not apply to collaborative research
projects involving transfer or exchange of biological resource or traditional
knowledge associated thereto between institutions, including Government
sponsored institutions of India, and such institutions in other countries,
if such collaborative research projects satisfy the conditions specified in
sub-section (3).”.
8. In section 6 of the principal Act,— Amendment
of section 6.
(a) for sub-section (1), the following sub-sections shall be substituted,
namely:—
“(1) Any person or entity covered under sub-section (2) of section 3
applying for an intellectual property right, by whatever name called, in or outside
 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

India, for any invention based on any research or information on a biological

resource which is accessed from India, including those deposited in repositories
outside India, or traditional knowledge associated thereto, shall obtain prior
approval of the National Biodiversity Authority before grant of such intellectual
property rights.
(1A) Any person covered under section 7 applying for any intellectual
property right, by whatever name called, in or outside India, for any invention
based on any research or information on a biological resource which is accessed
from India, including those deposited in repositories outside India, or traditional
knowledge associated thereto, shall register with the National Biodiversity
Authority before grant of such intellectual property rights.
(1B) Any person covered under section 7 who has obtained
intellectual property right, by whatever name called, in or outside India, for
any invention based on any research or information on a biological resource
which is accessed from India, including those deposited in repositories
outside India, or traditional knowledge associated thereto, shall obtain
prior approval of the National Biodivesity Authority at the time of
commercialisation.".
(b) in sub-section (3), the words "enacted by the Parliament" shall be omitted.
Substitution of 9. For section 7 of the principal Act, the following section shall be substituted, namely:—
new section for
section 7.
Prior "7. (1) No person, other than the person covered under sub-section (2) of section 3,
intimation to shall access any biological resource and its associated knowledge for commercial
State
Biodiversity utilisation, without giving prior intimation to the concerned State Biodiversity Board,
Board for but such access shall be subject to the provisions of clause (b) of section 23 and
accessing sub-section (2) of section 24:
biological
resource for Provided that the provisions of this section shall not apply to the codified
certain traditional knowledge, cultivated medicinal plants and its products, local people and
purposes.
communities of the area, including growers and cultivators of biodiversity and to
vaids, hakims and registered AYUSH practitioners only who have been practicing
indigenous medicines, including Indian systems of medicine as profession for
sustenance and livelihood.
(2) In the case of cultivated medicinal plants, the exemption under sub-section
(1) shall be available only if a certificate of origin is obtained from the Biodiversity
Management Committee in such manner as may be prescribed.
(3) The Biodiversity Management Committee shall, on the basis of entries made
in such books, maintained in such manner, issue the certificate of origin under sub-
section (2) in such manner as may be prescribed.".

Amendment 10. In section 8 of the principal Act,—

of section 8.
(a) for sub-section (3), the following sub-section shall be substituted, namely:—

"(3) The Head office of the National Biodiversity Authority shall be at

Chennai and the Central Government may, by notification in the Official Gazette,
establish regional offices in other places in India.";

(b) in sub-section (4),—

(i) for clauses (a), (b) and (c), the following clauses shall be substituted,
namely:—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

"(a) a Chairperson, who shall be an eminent person having adequate

knowledge, expertise and experience in the conservation and sustainable
use of biological diversity and in matters relating to fair and equitable
sharing of benefits, to be appointed by the Central Government;
(b) sixteen ex officio members to be appointed by the Central
Government, representing the Ministries dealing with—
(i) Agricultural Research and Education;
(ii) Agriculture and Farmers Welfare;
(iii) Ayurveda, Unani, Siddha, Sowa Rigpa, Yoga and
Naturopathy and Homoeopathy;
(iv) Biotechnology;
(v) Environment and Climate Change;
(vi) Forests and Wildlife;
(vii) Indian Council of Forestry Research and Education;
(viii) Earth Sciences;
(ix) Pachayati Raj;
(x) Science and Technology;
(xi) Scientific and Industrial Research;
(xii) Tribal Affairs;
(c) four representatives from State Biodiversity Boards on rotational
basis;";
(ii) in clause (d),—
(A) for the word "specialists", the words "experts including legal
experts" shall be substituted;
(B) for the word "equitable", the words "fair and equitable" shall be
substituted;
(iii) after clause (d), the following clause shall be inserted, namely:—
"(e) a Member-Secretary, who shall have experience in
matters relating to biodiversity conservation, to be appointed by the
Central Government.".
11. In section 9 of the principal Act,— Amendment
of section 9.
(a) in the marginal heading, for the words "Chairperson and members", the
words "Chairperson, members and Member-Secretary" shall be substituted;
(b) after the words "National Biodiversity Authority", the words "and of
Member-Secretary" shall be inserted.
12. After section 10 of the principal Act, the following section shall be inserted, Insertion of
namely:— new section
10A.

"10A. (1) The Member-Secretary shall be the chief coordinating officer and the Member-
convener of the National Biodiversity Authority and shall assist that Authority in the Secretary.
discharge of its functions under this Act.
(2) The Member-Secretary shall perform such other functions as may be
prescribed.".
 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Amendment 13. In section 13 of the principal Act, for sub-section (2), the following sub-section
of section 13. shall be substituted, namely:—
"(2) The National Biodiversity Authority may also constitute such number of
committees as it deems fit for the efficient discharge of its duties and performance of its
functions under this Act.".
Amendment 14. In section 15 of the principal Act,—
of section 15.
(i) after the words "signature of the Chairperson", the words "or
Member-Secretary" shall be inserted;
(ii) for the words "signature of an officer", the words "signature of
Member-Secretary or an officer" shall be substituted.
Amendment 15. In section 16 of the principal Act, after the words "delegate to any member", the
of section 16. words "or Member-Secretary" shall be inserted.
Amendment 16. In section 18 of the principal Act,—
of section 18.
(a) for sub-sections (1) and (2), the following sub-sections shall be substituted,
namely:—
"(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.";
(b) in sub-section (3),—
(i) in clause (a), for the word "equitable", the words "fair and equitable"
shall be substituted;
(ii) in clause (b), for the words "heritage sites", the words "biodiversity
heritage sites" shall be substituted;
(iii) after clause (b), the following clause shall be inserted, namely:—
"(ba) advise the State Biodiversity Boards on any matter relating to
the implementation of the Act;";
(c) for sub-section (4), the following sub-section shall be substituted, namely:—
''(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.".
Amendment 17. In section 19 of the principal Act,—
of section 19.
(a) for sub-section (2), the following sub-sections shall be substituted, namely:—
"(2) Any person referred to in sub-section (2) of section 3 who intends to
apply for a patent or any other form of intellectual property rights, whether in
India or outside India, referred to in sub-section (1) of section 6, may make an
application to the National Biodiversity Authority in such form, on payment of
such fee, and in such manner, as may be prescribed.
(2A) Any person referred to in sub-section (1A) of section 6 shall register
with the National Biodiversity Authority at the time of making application under
sub-section (2), and persons referred to in sub-section (1B) of section 6 shall
obtain prior approval from the National Biodiversity Authority at the time of
commercialisation.";
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

(b) after sub-section (3), the following sub-section shall be inserted, namely:—
"(3A) The National Biodiversity Authority shall, while granting approval
under this section, determine the benefit sharing in such manner as may be
specified by regulations made in this behalf:
Provided that if the National Biodiversity Authority is of the opinion that
such an activity is detrimental or contrary to the objectives of conservation and
sustainable use of biodiversity or fair and equitable sharing of benefits arising
out of such activity, it may, by order, for reasons to be recorded in writing,
prohibit or restrict any such activity:
Provided further that no such order for rejection shall be made without
giving an opportunity of being heard to the person concerned.";
(c) for sub-section (4), the following sub-section shall be substituted, namely:—
"(4) The National Biodiversity Authority shall place in public domain
details of every approval granted or rejected under this section.".
18. In section 20 of the principal Act,— Amendment
of section 20.
(i) in the marginal heading, for the words "biological resource or knowledge",
the words "results of research" shall be substituted;
(ii) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) Any person or entity who intends to transfer the results of any research
on biological resources, which are found in or brought from India, including
those deposited in repositories outside India or traditional knowledge associated
thereto, to persons referred to under sub-section (2) of section 3 for monetary
consideration or otherwise, he shall make an application to the National
Biodiversity Authority in such form, and on payment of such fee, as may be
prescribed.";
(iii) in sub-section (2), for the words "any biological resource or knowledge
associated thereto", the words "the results of research" shall be substituted;
(iv) for sub-sections (3) and (4), the following sub-sections shall be substituted,
namely:—
"(3) On receipt of an application under sub-section (2), the National
Biodiversity Authority may, after making such enquiries, as it deems fit, by order,
grant approval, subject to such terms and conditions, as it may deem fit, including
benefit sharing or otherwise, as per the guidelines or for reasons to be recorded
in writing, or reject the application:
Provided that no such order for rejection shall be made without giving an
opportunity of being heard to the person concerned.
(4) The National Biodiversity Authority shall place in public domain the
details of every approval granted or rejected under this section.".
19. In section 21 of the principal Act,— Amendment
of section 21.
(a) in the marginal heading, for the word "equitable", the words "fair and equitable"
shall be substituted;
(b) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) The National Biodiversity Authority shall, while determining benefit
sharing for the approval granted under this Act, ensure that the terms and
conditions subject to which the approval is granted secures fair and equitable
sharing of benefits arising out of the use of accessed biological resources, their
derivatives, innovations and practices associated with their use and applications
 8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

and knowledge relating thereto in accordance with mutually agreed terms and
conditions between the person applying for such approval, and the Biodiversity
Management Commitee represented by the National Biodiversity Authority.".
(c) in sub-section (3), for the proviso, the following proviso shall be substituted,
namely:—
"Provided that where biological resource or associated knowledge was a
result of access from an individual or group of individuals or organisations, the
National Biodiversity Authority may direct that the amount shall be paid directly
to such benefit claimer or organisation in accordance with the terms of any
agreement and in such manner as it deems fit.".
Amendment 20. In section 22 of the principal Act,—
of section 22.
(i) in sub-section (2), in the proviso, after the words " group of persons", the
words "or body" shall be inserted;
(ii) in sub-section (4), for clauses (a), (b) and (c), the following clauses shall be
substituted, namely:—
"(a) a Chairperson, who shall be an eminent person having adequate
knowledge, expertise and experience in the conservation and sustainable use of
biological diversity and in matters relating to fair and equitable sharing of benefits,
to be appointed by the State Government;
(b) not more than seven ex officio members to be appointed by the State
Government to represent the concerned departments of the State Government,
including departments dealing Panchayati Raj and tribal affiairs;
(c) not more than five non-official members to be appointed from amongst
experts, including legal experts, scientists having special knowledge, expertise
and work experience in matters relating to conservation of biological diversity,
sustainable use of biological resources and fair and equitable sharing of benefits
arising out of the use of biological resources.".
Amendment 21. In section 23 of the principal Act, for clauses (a) and (b), the following clauses shall
of section 23. be substituted, namely:—
"(a) advise the State Government on matters relating to the conservation of
biodiversity, sustainble use of its components and fair and equitable sharing of benefits
arising out of the utilisation of biological resources or traditional knowledge associated
thereto, in conformity with the regulations or guidelines if any, issued by the Central
Government or the National Biodiversity Authority;
(b) regulate any activity referred to in section 7 by granting or rejecting approvals;
(ba) determine the fair and equitable sharing of benefits as provided under the
regulations made in this behalf by the National Biodiversity Authority while granting
approvals;".
Amendment 22. In section 24 of the princiapal Act,—
of section 24.
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) Any person other than the person referred to in sub-section (2) of
section 3, intending to undertake any activity covered under section 7, shall
give prior intimation to the State Biodiversity Board, in such form as may be
prescribed by the State Government.";
(b) for sub-sections (2) and (3), the following sub-sections shall be substituted,
namely:—
"(2) If the State Biodiversity Board is of the opinion that such activity is
detrimental or contrary to the objectives of conservation and sustainable use of
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9

biodiversity of fair and equitable sharing of benefits arising out of such activity,
it may by order, restrict or reject such activity:
Provided that no such order or rejection shall be made without giving an
opportunity of being heard to the person concerned.
(3) The State Biodiversity Board shall place in public domain the details of every
approval granted or rejected under this section.".
23. In section 27 of the principal Act,— Amendment
of section 27.
(i) in sub-section (1), for clause (b), the following clause shall be substituted,
namely:—
"(b) all sums including charges and benefit sharing amount received by
the National Biodiversity Authority;";
(ii) in sub-section (2),—
(A) in the opening portion, for the word "applied", the word "utilised"
shall be substituted;
(B) for clauses (b) and (c), the following clauses shall be substituted,
namely:—
"(b) conservation, promotion and sustainable use of biological
resources;
(c) socio-economic development of areas from where such biological
resources or traditional knowledge associated thereto have been accessed
in consultation with the Biodiversity Management Committee:
Provided that when it is not possible to identify the area from where
the biological resources or traditional knowledge associated thereto have
been accessed, the fund shall be utilised for socio-economic development
of the area where such biological resources occur;
(d) activities to meet the purposes of the Act.".
24. In section 32 of the principal Act,— Amendment
of section 32.
(i) in sub-section (1), for clause (c), the following clause shall be substituted,
namely:—
"(c) all sums including charges and benefit sharing amount received by
the State Biodiversity Board and from such other sources as may be decided by
the State Government;";
(ii) in sub-section (2),—
(A) in the opening portion, for the word "applied", the word "utilised"
shall be substituted;
(B) after clause (a), the following clause shall be inserted, namely:—
"(aa) channelling benefits to the benefit claimers;";
(C) for clause (c) the following clause shall be substituted, namely:—
"(c) conservation, promotion and sustainable use of biological
resources;";
(D) for clause (d), the following clause shall be substituted, namely:—
"(d) socio-economic development of areas from where such
biological resources or traditional knowledge associated thereto have been
accessed in consultation with the Biodiversity Management Committee or
local body concerned:
 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Provided that when it is not possible to identify the area from where
the biological resources or associated knowledge have been accessed,
the fund shall be utilised for socio-economic development of the area
where such biological resources occur;";
(E) for clause (e), the following clauses shall be substituted, namely:—
"(e) making grants or loans to the Biodiversity Management
Committees;
(f) the activities to meet the purposes of the Act.".
Amendment 25. In section 36 of the principal Act,—
of section 36.
(i) for the marginal heading, the following shall be substituted, namely:—
"Central Government to develop national strategies and plans for
conservation, promotion and sustainable use of biological diversity.";
(ii) in sub-section (1),—
(a) after the words "The Central Government shall", the words "in
consultation with the State Government and Union territories", shall be inserted;
(b) for the words "conservation of biological resources, incentives", the
words "conservation of biological resources, including cultivars, folk varieties
and landraces, incentives" shall be substituted;
(iii) in sub-section (3), for the words "sectoral or cross-sectoral plans,
programmes and policies", the words "sectoral policies or cross-sectoral plans and
programmes" shall be substituted;
(iv) after sub-section (5) and before the Explanation, the following sub-section
shall be inserted, namely:—
"(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.".
Insertion of 26. After section 36 of the principal Act, the following sections shall be inserted,
new sections namely:—
36A and 36B.
Measures to "36A. The Central Government may authorise National Biodiversity Authority
be taken by or any other organisation to take any measure necessary to monitor and regulate
National
Biodiversity within the territory of India, the access and utilisation of biological resources obtained
Authority. from a foreign country in order to meet the international obligations to which India is
a signatory.
State "36B. (1) The State Government shall develop strategies, plans, programmes for
Government the conservation and promotion and sustainable use of biological diversity, including
to develop
strategies and measures for indentification and monitoring of areas rich in biological resources,
plans for promotion of in situ, and ex situ, conservation of biological resources, including
conservation cultivars, folk varieties and landraces, incentives for research, training and public
and
sustainable use education to increase awareness with respect to biodiversity, in conformity with the
of biological national strategies, plans and programmes.
diversity.
(2) The State Government shall, as far as practicable, wherever it deems appropriate,
integrate the conservation, promotion and sustainable use of biological diversity into relevant
sectoral policies or cross-sectoral plans and programmes.".
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 11

27. In section 37 of the principal Act,— Amendment

of section 37.
(a) for sub-section (1), the following sub-section shall be substituted, namely:—
"(1) Without prejudice to any other law for the time being in force, based
on the recommendations of the State Biodiversity Board, the State Government
may, from time to time, notify in the Official Gazette, areas of biodiversity importance
as biodiversity heritage sites under this Act:
Provided that the State Biodiversity Board shall consult the local body
and the Biodiversity Management Committee concerned before making such
recommendations.";
(b) in sub-section (2), for the words "heritage sites", the words "biodiversity
heritage sites" shall be substituted.
28. In section 38 of the principal Act, the following provisos shall be inserted, namely:— Amendment
of section 38.
"Provided that the Central Government may delegate such power to the
State Government:
Provided further that where such power is delegated to the State Government, it
shall consult the National Biodiversity Authority before issuing any such notification.".
29. For section 40 of the principal Act, the following section shall be substituted, Substitution
namely:— of new
section for
section 40.
"40. Notwithstanding anything contained in this Act, the Central Government Provisions of
may, in consultation with the National Biodiversity Authority, by notification in the this Act not
to apply in
Official Gazette, declare that all or any of the provisions of this Act shall not apply to certain cases.
biological resources when normally traded as commodities or to the items derived from
them, including agricultural wastes, as notified and cultivated medicinal plants and
their products for entities covered under section 7, registered as per the regulations
made or as prescribed:
Provided that no exemption shall be made for the activities referred to in
sub-sections (1) and (2) of section 6.".
30. In section 41 of the principal Act,— Amendment
of section 41.
(a) for sub-section (1), the followings sub-sections shall be substituted, namely:—
"(1) Every local body at the Gram Panchayat level in the rural areas and at
the Nagar Panchayat or Municipal Committee at Municipal Corporation level in
the urban areas shall constitute a Biodiversity Management Committee (by
whatever name called) within its area for the purpose of promoting conservation,
sustainable use and documentation of biological diversity including preservation
of habitats, conservation of landraces, folk varieties, farmers' varieties, and
cultivars, domesticated stocks and breeds of animals, living things in water
bodies and microorganisms and chronicling of knowledge relating to biological
diversity:
Provided that the State Government may constitute Biodiversity
Management Committees at the intermediate or district Panchayat level for
achieving the objectives of the Act.
(1A) The functions of Biodiversity Management Committee so constituted
shall include conservation, sustainable use and documentation of biological
diversity, including conservation of habitats, landraces, folk varieties, cultivars,
domesticated breeds of animals, and microorganisms, and chronicling of
traditional knowledge associated thereto relating to biological diversity.
 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(1B) The composition of the Biodiversity Management Committee shall

be such as may be prescribed by the State Government:
Provided that the number of members of the said Committee shall not be
less than seven and not exceeding eleven.";
(b) in sub-section (2), for the words " and knowledge associated with such
resources", the words "or traditional knowledge associated thereto" shall be
substituted;
(c) the following Explanation shall be inserted, namely:—
‘Explanation.—For the purposes of this section—
(a) "cultivar" means a veriety of plant that has originated and
persisted under cultivation or was specifically bred for the purpose of
cultivation;
(b) "folk variety" means a cultivated variety of plant that was
developed, grown and exchanged informally among farmers;
(c) "landrace" means primitive cultivar that was grown by ancient
farmers and their successors;
(d) "farmers' variety" means a veriety which—
(i) has been traditionally cultivated and evolved by the farmers
in their field; or
(ii) is a wild relative or landrace of a veriety about which the
farmers possess the common knowledge.’.
Amendment 31. In section 43 of the principal Act, in sub-section (1), for clause (e), the following
of section 43. clause shall be substituted, namely:—
"(e) benefit sharing amount and all other sums received by the Local Biodiversity
Fund from such other sources as may be decided by the State Government.".
Substitution 32. For section 44 of the principal Act, the following section shall be substiututed,
of new namely:—
section for
section 44.

Application "44. (1) The Local Biodiversity Fund shall be utilised in accordance with the
of Local regulations and the guidelines made in this behalf, for—
Biodiversity
Fund. (a) the conservation and promotion of biodiversity including restoration
of areas falling within the jurisdiction of concerned local body;
(b) the socio-economic development of the community without
compromising the conservation concerns; and
(c) the administrative expenses of the Biodiversity Management
Committee.
(2) The Fund shall be utilised in such manner as may be prescribed by the State
Government.".
Substitution 33. For section 45 of the principal Act, the following section shall be substituted,
of new namely:—
section for
section 45.
Annual "45. The custodian of the Local Biodiversity Fund shall prepare, in such form
statement of and during each financial year at such time as may be prescribed by the State
Biodiversity
Management
Government, its annual statement giving a full account of its activities during the
Committees. previous financial year, and submit the same to the local body concerned with a copy
to the State Biodiversity Board.".
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13

34. For section 46 of the prinicpal Act, the following section shall be substituted, Substitution
namely:— of new
section for
section 46.
"46. (1) The Biodiversity Management Committee shall maintain the accounts Audit of
which shall be audited in such manner as may be prescribed by the State Government. accounts of
Biodiversity
(2) The Biodiversity Management Committee shall furnish to the local body Management
Committees.
concerned and to the State Biodiversity Board, before such date as may be prescribed
by the State Government, its audited copy of accounts together with auditor's report
thereon.".
35. In section 50 of the principal Act, in the marginal heading, the words "between the Amendment
State Biodiversity Board" shall be omitted. of section 50.

36. In section 52 of the princiapl Act, in sub-section (1), for the words "benefit sharing Amendment
or order", the words "fair and equitable sharing of benefits or order or direction" shall be of section 52.
substituted.
37. In section 53 of the principal Act,— Amendment
of section 53.
(i) for the words "benefit sharing", the words "fair and equitable sharing of
benefits" shall be substituted;
(ii) after the words "order made by the High Court", the words "or the National
Green Tribunal" shall be inserted;
(iii) after the words "Registrar of the High Court", the words "or the Registrar of
the National Green Tribunal" shall be inserted;
(iv) in the Explanation, after the words "group of persons", wherever they
occur, the words "or body" shall be substituted.
38. For section 55 of the principal Act, the following sections shall be substituted, Substitution
namely:— of new
sections 55,
55A and 55B
for section
55.

"55. If any person or entity covered under sub-section (2) of section 3 or Penalties.
section 7 contravenes or attempts to contravene or abets the contravention of the
provisions of section 3 or section 4 or section 6 or section 7, such person shall be liable
to pay penalty which shall not be less than one lakh rupees, but which may extend to
fifty lakh rupees, but where the damage caused exceeds the amount of penalty, such
penalty shall be commensurate with the damage caused, and in case, the failure or
contravention continues, an additional penalty may be imposed, which shall not exceed
one crore rupees and such penalty shall be decided by the adjudicating officer appointed
under section 55A.
55A. (1) For the purposes of determining the penalities under section 55, the Adjudication
Central Government may appoint an officer not below the rank of Joint Secretary to the of penalties.
Government of India or a Secretary to the State Government to be the adjudicating
officer, to hold inquiry in the prescribed manner and to impose the penalty so
determined:
Provided that the Central Government may appoint as many adjudicating officers
as may be required.
(2) While holding an inquiry, the adjudicating officer shall have power to summon
and enforce the attendance of any person acquainted with the facts and circumstances
of the case to give evidence or to produce any document, which in the opinion of the
adjudicating officer, may be useful for, or relevant to, the subject-matter of the inquiry
 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

and if, on such inquiry, he is satisfied that the person concerned has failed to comply
with the provisions of section 3 or section 4 or section 6 or section 7, he may impose
such penalty as he thinks fit in accordance the provisions of section 55:
Provided that no such penalty shall be imposed without giving the person
concerned an opportunity of being heard in the matter.
(3) Any person aggrieved by the order made by the adjudicating officer under
sub-section (2) may prefer an appeal to the National Green Tribunal established under
section 3 of the National Green Tribunal Act, 2010. 19 of 2010.

(4) Every appeal under sub-section (3) shall be filed within sixty days from the
date on which the copy of the order made by the adjudicating officer is received by the
aggrieved person.
(5) The National Green Tribunal may, after giving the parties to the appeal an
opportunity of being heard, pass such order as it thinks fit, confirming, modifying or
setting aside the order appealed against.
Power to 55B. Any authority or officer empowered by the Central Government may, for the
enter, inspect, purposes of carrying out inspection, survey or any such activity, have all or any of the
survey, etc.
following powers, namely:—
(a) the power to enter upon any land, vehicle, or premises and to inspect,
investigate, survey and collect information and make a map of the same and
seize the materials and records;
(b) the powers of a civil court to compel the attendance of anyone, including
witnesses and production of documents and materials objects;
(c) the power to issue a search-warrant;
(d) the power to hold an inquiry and in the course of such inquiry, receive
and record evidence;
(e) such other power as may be prescribed.".
Omission of 39. Section 58 of the principal Act shall be omitted.
section 58.
Insertion of 40. After section 59 of the principal Act, the following section shall be inserted,
new section namely:—
59A.

Act not to "59A. The provision of this Act shall not apply to any person who has been
apply to given any approval or granted any right under any law relating to protection of plant
certain
persons.
varieties enacted by Parliament to the extent that such approvals or rights given under
that Act does not require similar approval under this Act.".
Amendment 41. In section 61 of the principal Act,—
of section 61.
(a) in the opening portion, for the word "complaint", the words "written
complaint" shall be substituted;
(b) in clause (b), for the words "any benefit claimer", the words "any person or
a benefit claimer" shall be substituted.
Amendment 42. In section 62 of the principal Act, in sub-section (2),—
of section 62.
(i) for clause (a), the following clauses shall be substituted, namely:—
"(a) the manner of obtaining the certificate of origin under sub-section (2)
of section 7;
(aa) the books on the basis of which the certificate of origin to be issued,
the manner of maintaining such books and the manner of issuing such certificate
under sub-section (3) of section 7;
 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 15

(ab) the terms and conditions of service of the Chairperson,

Member-Secretary and other members under section 9;";
(ii) after clause (b), the following clause shall be inserted namely:—
"(ba) the other functions to be performed by the Member-Secretary;";
(iii) in clause (e), after the word "application", the word "and payment of fees"
shall be inserted;
(iv) after clause (e), the following clause shall be inserted, namely:—
"(ea) form of application and payment of fees under sub-section (1) of
section 20;";
(v) after clause (j), the following clauses shall be inserted, namely:—
"(ja) the manner of holding inquiry by the adjudicating officer under
section 55A;
(jb) the other power under clause (e) of section 55B;".
43. In section 63 of the principal Act, in sub-section (2),— Amendment
of section 63.
(i) after clause (e), the following clause shall be inserted, namely:—
"(ea) the composition of the Biodiversity Management Committee under
sub-section (1B) of section 41;";
(ii) in clause (f), for the word "applied", the word "utilised" shall be substituted;
(iii) in clause (g), for the words "annual report", the words "annual statement"
shall be substituted.

————

DR. REETA VASISHTA,

Secretary to the Govt. of India.

UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
Kshitiz Digitally signed
by Kshitiz Mohan

MGIPMRND—213GI(S3)—03-08-2023. Mohan Date: 2023.08.03

18:57:17 +05'30'