Maarg Manthan · Topic 19.6

National Biodiversity Authority

Environment & Ecology › Environmental Institutions and Schemes in India · Topic 19.6

The National Biodiversity Authority (NBA) is a statutory autonomous body established in October 2003 under the Biological Diversity Act, 2002 to implement India's obligations under the Convention on Biological Diversity. It is headquartered at Chennai, Tamil Nadu, and works under the Ministry of Environment, Forest and Climate Change. The Authority has a Chairperson, who must be an eminent person with knowledge and experience in conservation and sustainable use of biological diversity and equitable sharing of benefits, and ten ex officio members from central ministries along with five non-official members. Its functions are to regulate access to biological resources and associated traditional knowledge by foreign nationals, non-resident Indians and foreign-controlled companies; approve applications for intellectual property rights based on Indian biological resources; fix terms for fair and equitable benefit sharing; advise the Central Government on conservation of biodiversity and sustainable use; notify threatened species; designate repositories; and support State Biodiversity Boards and Biodiversity Management Committees. It can object to the grant of patents on biological material in other countries, notify Biodiversity Heritage Sites with states, and administer a National Biodiversity Fund. State Biodiversity Boards regulate commercial use by Indians, and local BMCs prepare People's Biodiversity Registers. The 2023 amendment of the Act changed some of its powers over AYUSH practitioners and codified knowledge.

5 min read · UPSC Prelims · Environment & Ecology · Environmental Institutions and Schemes in India

At a Glance

Established October 2003
HQ Chennai
Under Biological Diversity Act, 2002
Key power Approval for foreign access
Lower tiers SBBs and BMCs
Exam link UPSC Prelims, Environment & Ecology: Environmental Institutions and Schemes in India

Where Does It Fit?

This topic follows the Central Zoo Authority and covers the national regulator under the Biological Diversity Act, which was introduced earlier as a law, with the NBA presented here as an institution. Previous topic: Central Zoo Authority. Next topic: National Board for Wildlife…">National Wildlife Action Plan.

What Is the NBA and What Does It Do?

Aspect	Details
Establishment	October 2003 under the Biological Diversity Act, 2002
Headquarters	Chennai, Tamil Nadu
Status	Statutory, autonomous body, a body corporate
Composition	Chairperson (an eminent expert), ten ex officio central government members and five non-official members
Access regulation	Approves access to biological resources and knowledge by foreign nationals, NRIs and foreign-controlled firms
IPR control	Approval required before applying for IPR abroad based on Indian biological resources
Benefit sharing	Sets terms and receives benefit-sharing payments; channels them to the local communities and the National Biodiversity Fund

How Do the Three Tiers Work Together?

NBA: national regulator for access by foreigners and for IPR
SBBs: state boards regulate commercial use by Indian citizens and advise state governments
BMCs: local committees in every local body prepare People’s Biodiversity Registers
Biodiversity Heritage Sites: states notify areas of unique biodiversity under Section 37
Threatened species: states notify species with Centre’s consent
Patent oppositions: NBA has challenged patents abroad based on Indian knowledge
Funds: National Biodiversity Fund, State Biodiversity Funds and local funds
2023 changes: AYUSH practitioners and cultivators exempt; penalty system changed

What Else Should You Remember?

Notified: NBA was formed on 1 October 2003
Biological Diversity Rules: 2004
Chair: the Chairperson is appointed by the Central Government
Secretary: a Secretary heads the day-to-day administration
Expert committees: NBA can set up committees such as the Expert Committee on ABS
Foreign applicants: must apply in a prescribed form
Benefit sharing options: lump sum, royalty or joint IPR ownership
Approved ABS agreements: NBA has concluded hundreds of agreements with benefits flowing to local communities
Local benefit: money is routed to Biodiversity Management Committees
Heritage sites: Nallur Tamarind Grove in Bengaluru was first
Seed varieties: NBA works with PPV&FRA on farmers’ varieties
Traditional knowledge: NBA supports documentation and Traditional Knowledge Digital Library
Biopiracy: NBA has opposed patents based on Indian traditional knowledge
Nagoya Protocol: India’s ABS system is the NBA framework
CBD COP: NBA supports India’s delegation
National Biodiversity Targets: NBA coordinates implementation
NBSAP: NBA helps prepare action plans
Link to previous: see Central Zoo Authority
Link to next: see National Wildlife Action Plan
Link to the Act: see Biological Diversity Act, 2002
Caution: NBA rules and numbers change after the 2023 amendment, so check the NBA website
Exam hint: remember 2003, Chennai, the three tiers and the foreign access rule
IPR approval: an applicant for a patent or other IPR based on Indian biological resources must get NBA approval before filing abroad, and for Indian filings the NBA can impose benefit-sharing terms
State Biodiversity Boards: each state has a board that advises on conservation, regulates commercial use by Indian citizens and companies, and notifies threatened species
BMC: every local body must set up a Biodiversity Management Committee to promote conservation, document knowledge and advise on fees for access
Role in conservation: the Authority advises the government on measures for conservation and helps with biodiversity heritage site notification
Capacity building: NBA organises training for BMCs, state boards and officials, and supports the preparation of local registers
Funds for communities: benefit-sharing money goes to BMCs for local conservation and livelihoods
Species protection: state governments, in consultation with the NBA, notify species that are on the verge of extinction
Awareness: the Authority takes part in campaigns such as the International Day for Biological Diversity on 22 May
Appeals: orders of the NBA and boards can be appealed to the National Green Tribunal
Research approvals: the NBA gives guidance on research collaborations, exchange of biological material and transfer to third parties
Rules: the Biological Diversity Rules 2004 and ABS Guidelines 2014 set out procedures and benefit-sharing formulas
Case: neem: patent EP 436257 on a neem-based fungicide was revoked by the European Patent Office in 2005 after challenges by Indian groups

Why Does It Matter for the Exam?

Established: 2003
HQ: Chennai
Power: Foreign access, IPR
Current affairs link: 2023 amendment
Common errors: placing the NBA in Delhi

As an analytical point, the NBA is the national gatekeeper for access to India’s biological wealth, but it can only work well if local committees and state boards are active. Fair benefit sharing builds local support for conservation.

Why Is This Topic Important?

Gatekeeper Foreign access
Tiers Three
Gain Local benefits

What Came Next?

The next topic covers the National Wildlife Action Plan. Next topic: National Wildlife Action Plan.

Key People and Terms

NBA National Biodiversity Authority
SBB State Biodiversity Board
BMC Biodiversity Management Committee
PBR People’s Biodiversity Register
ABS Access and benefit sharing
BHS Biodiversity Heritage Site

Exam Corner

Points to Remember

NBA formed 2003.
HQ: Chennai.
Under the Biological Diversity Act, 2002.
Three tiers.
Approves foreign access.

Do Not Confuse With

NBA and SBB National versus state regulator
NBA and NBWL Biodiversity regulator versus wildlife advisory board
ABS and IPR approval Resource access versus patent permission

Memory Hook

Chennai watches the gate: foreign access, patents, shares for local.

Mains Angle

Questions ask for functions and structure. These points help.

Role Regulate
Tiers Three
Gain Benefit sharing

A Question You May Face

An original practice question, not a past paper question.

“Explain the composition and functions of the National Biodiversity Authority and its role in access and benefit sharing.”

How to Answer

Origin 2003.
Functions Access, IPR.
Tiers SBB, BMC.
Debate 2023.

GS Relevance

Prelims: year, HQ, functions. GS Paper 3: biodiversity governance.

Frequently Asked Questions

What is the National Biodiversity Authority?

The National Biodiversity Authority is a statutory autonomous body established in October 2003 under the Biological Diversity Act, 2002, with headquarters in Chennai. It regulates access to India's biological resources and associated knowledge by foreign entities, ensures fair benefit sharing and advises the Government on conservation and sustainable use of biodiversity.

Who needs approval from the NBA?

Foreign nationals, non-resident Indians and companies or associations not registered in India or with foreign participation need prior approval from the NBA to obtain biological resources or related knowledge from India. Anyone applying for an intellectual property right abroad based on Indian biological resources also needs NBA permission. Indian citizens only inform the State Biodiversity Board for commercial use.

How does the NBA ensure benefit sharing?

The NBA negotiates terms such as lump sum payments, royalties or joint IPR ownership with users of biological resources, and ensures that benefits reach the providers, especially local communities, through Biodiversity Management Committees. Money is also deposited in the National Biodiversity Fund and used for conservation and community development.

What is the three-tier structure of biodiversity governance?

India's three-tier structure has the National Biodiversity Authority at the national level, State Biodiversity Boards in each state, and Biodiversity Management Committees in local bodies. The NBA regulates foreign access and IPR, SBBs regulate commercial use by Indians, and BMCs document local biodiversity in People's Biodiversity Registers and promote conservation.

How does the NBA fight biopiracy?

The NBA reviews applications for IPR based on Indian biological resources, objects to patents on traditional knowledge in other countries, supports the Traditional Knowledge Digital Library, and enforces benefit sharing. Its work, with other agencies, helped to challenge patents on neem and turmeric and similar cases.

PYQ Practice — Statement Analysis

1 The NBA is headquartered at Chennai.

True

Set up in 2003.

2 The NBA was set up under the Wildlife Act.

False

Under the Biological Diversity Act.

3 Foreign nationals need NBA approval for access.