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.
(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).
17
(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.
36B. State Government to develop strategies and plans for conservation and sustainable use of
biological diversity.—(1) The State Government shall develop strategies, plans, programmes for the
conservation and promotion and sustainable use of biological diversity, including measures for
indentification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ,
conservation of biological resources, including cultivars, folk varieties and landraces, incentives for
research, training and public education to increase awareness with respect to biodiversity, in conformity
with the national strategies, plans and programmes.
(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 crosssectoral plans and programmes.]
37. Biodiversity heritage sites.—3
[(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.]
(2) The State Government, in consultation with the Central Government, may frame rules for the
management and conservation of all the 4
[biodiversity heritage sites].
(3) The State Government shall frame schemes for compensating or rehabilitating any person or
section of people economically affected by such notification.
1. Ins. by Act 10 of 2023, s. 25 (w.e.f. 1-4-2024).
2. Ins. by s. 26, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 27, ibid., for sub-section (1) (w.e.f. 1-4-2024).
4. Subs. by s. 27, ibid., for “heritage sites” (w.e.f. 1-4-2024).
18
38. Power of Central Government to notify threatened species.—Without prejudice to the
provisions of any other law for the time being in force, the Central Government, in consultation with the
concerned State Government, may from time to time notify any species which is on the verge of
extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate
collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species.
1
[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.]
39. Power of Central Government to designate repositories.—(1) The Central Government may,
in consultation with the National Biodiversity Authority, designate institutions as repositories under this
Act for different categories of biological resources.
(2) The repositories shall keep in safe custody the biological material including voucher specimens
deposited with them.
(3) Any new tax on discovered by any person shall be notified to the repositories or any institution
designated for this purpose and he shall deposit the voucher specimens with such repository or institution.
2
[40. Provisions of this Act not to apply in certain cases. —Notwithstanding anything contained in
this Act, the Central Government may, in consultation with the National Biodiversity Authority, by
notification in the Official Gazette, declare that all or any of the provisions of this Act shall not apply to
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 may prescribed:
Provided that no exemption shall be made for the activities referred to in sub-sections (1) and (2) of
section 6.]