National Biodiversity Authority-Role, Functions and Structure

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National Biodiversity Authority-Role, Functions and Structure

National Biodiversity Authority

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The National Biodiversity Authority (NBA) is a statutory authority set up under India’s Biological Diversity Act (2002).
It was established in 2003 by the Central Government to implement India’s Biological Diversity Act (2002).
It performs facilitative, regulatory and advisory function for Government of India on issue of Conservation, sustainable use of biological resource and fair equitable sharing of benefits of use.
Headquarters: Chennai.
It is mandated to regulate use of India’s biological resources; facilitates/ enable conservation action and provides advice to Central and State Governments on issues of conservation, sustainable use and access and benefit sharing.

Composition

The National Biodiversity Authority is constituted by the Central Government and comprises the following members (as per the Biological Diversity Act,2002):
(a) Chairperson
- An eminent individual with proven knowledge, expertise, and experience in:
- Conservation and sustainable use of biological diversity
- Fair and equitable sharing of benefits
- Appointed by the Central Government.
Sixteen Ex-Officio Members
Appointed by the Central Government, representing the following Ministries and organizations:
- Ministry of Agricultural Research and Education
- Ministry of Agriculture and Farmers Welfare
- Ministry of AYUSH (Ayurveda, Unani, Siddha, Sowa Rigpa, Yoga & Naturopathy, and Homoeopathy)
- Ministry of Biotechnology
- Ministry of Environment and Climate Change
- Ministry of Forests and Wildlife
- Indian Council of Forestry Research and Education
- Ministry of Earth Sciences
- Ministry of Panchayati Raj
- Ministry of Science and Technology
- Ministry of Scientific and Industrial Research
- Ministry of Tribal Affairs
Four Representatives from State Biodiversity Boards
- Selected on a rotational basis.
Five Non-Official Members
Appointed by the Central Government from among:
- Experts and scientists (including legal experts) with specialized knowledge or experience in:
- Conservation of biological diversity
- Sustainable use of biological resources
- Fair and equitable benefit sharing
- Representatives from:
- Industry
- Conservers and creators of biological resources
- Traditional knowledge holders
Member-Secretary
- Appointed by the Central Government
- Must have experience in biodiversity conservation

Functions and Powers of the National Biodiversity Authority (NBA)

Regulatory Role:
- The NBA, with the approval of the Central Government, is empowered to frame regulations governing access to biological resources and associated traditional knowledge, including mechanisms for fair and equitable benefit sharing.
Approvals and Oversight:
- It is the responsibility of the NBA to regulate activities mentioned under Sections 3, 4, and 6 of the Act. This includes granting or rejecting approvals for access and use of biological resources.
Advisory Functions:
- The NBA shall:
- Advise the Central Government on issues related to biodiversity conservation, sustainable use, and equitable sharing of benefits arising from the utilization of biological resources.
- Guide State Governments in identifying areas of biodiversity significance for notification as Biodiversity Heritage Sites (BHS) under Section 37, and recommend management strategies for the same.
- Support State Biodiversity Boards (SBBs) on matters related to the implementation of the Biodiversity Act.
Opposition to Misappropriation of IPR:
The NBA may act on behalf of the Central Government to oppose the grant of intellectual property rights (IPRs) in foreign countries for:
- Biological resources originating from or sourced from India, including those stored in foreign repositories.
- Traditional knowledge associated with such resources.

FAQs

Q1. What is the National Biodiversity Authority (NBA)?

The NBA is a statutory body established under the Biological Diversity Act, 2002 to regulate access to biological resources and ensure fair and equitable sharing of benefits arising from their use.

Q2. What are the key functions of the NBA?

NBA regulates activities related to access and use of India’s biological resources, advises the Central and State Governments on conservation measures, and ensures fair benefit-sharing with traditional knowledge holders.

Q3. Who appoints the members of the NBA?

Members of the NBA, including the Chairperson, ex-officio representatives from various Ministries, and domain experts, are appointed by the Central Government.

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