New Biological Diversity Rules, 2024: Key Highlights and Implications

On October 25, 2024, the Ministry of Environment, Forest and Climate Change issued the Biological Diversity Rules, 2024, marking a significant update to the regulatory framework established by the Biological Diversity Act of 2002. This new set of rules supersedes the previous 2004 regulations and aims to enhance the management and conservation of biological diversity in India.

Appointment and Term of the Chairperson

• The Chairperson is appointed by the Central Government, with options for appointment through deputation or selection from outside the government.
• The term lasts for three years, with eligibility for reappointment, but no individual can serve beyond the age of 65.

Compensation and Allowances

The Chairperson is entitled to a pay equivalent to a Secretary to the Government of India, along with other allowances, medical facilities, and housing benefits. Similarly, non-official members receive compensation for attending meetings.

Member Vacancies and Resignation

• Non-official members can resign by giving one month’s notice.
• In case of a vacancy, a new nomination will be made for the remainder of the term.

 Meetings of the Authority

• The Authority is required to meet at least once every three months.
• Special meetings can be called at the request of at least six members or by the Central Government.
• Notice periods for meetings are specified, ensuring members have adequate time to prepare.

 General Functions of the Authority

The Authority has a wide range of responsibilities, including:

• Administering the National Biodiversity Fund.
• Granting approvals for biodiversity-related agreements.
• Providing technical guidance and support to state bodies.
• Developing and maintaining databases related to biological resources and traditional knowledge.

Penalties for Contraventions

The new rules outline specific criteria for imposing penalties on those violating the provisions of the Act:

• Penalties can range from ₹1 lakh to ₹50 lakh, based on the nature of the violation.
• Additional penalties may be imposed for continued contraventions.
• Importantly, no penalties can be enforced without a fair hearing for the affected parties.

Financial Provisions

All penalties collected under these rules will be deposited into the National Biodiversity Fund or relevant state biodiversity funds, reinforcing the financial mechanisms supporting biodiversity initiatives.

The rules further highlight the following points :

1. Procedure for access to biological resources and knowledge associated
2. Procedure for seeking approval for sharing or transferring results of research to persons
3. . Procedure for registration and obtaining prior approval from Authority before grant of intellectual property rights
4. Procedure for obtaining a certificate of origin for cultivated medicinal plants
5. Procedure for conducting non-commercial research or research for emergency purposes outside India by Indian researcher or institution

SCHEDULE I of the Rules list Application Forms and Fees

FORM 1 Application for seeking prior approval of the National Biodiversity Authority for access to biological resources or knowledge associated thereto for research or for bio-survey and bio-utilization by persons covered under section 3(2) of the Act.

FORM 2 Application for seeking prior approval of the National Biodiversity Authority for access to biological resources or knowledge associated thereto for commercial utilization by persons covered under section 3(2) of the Act

FORM 3 Application for seeking prior approval of the National Biodiversity Authority for sharing or transferring the results of research to section 3(2) persons for commercial purposes or otherwise

FORM 4 Application for registration with the National Biodiversity Authority to use the results of research for further research by the transferee

FORM 5 Application for seeking prior approval of the National Biodiversity Authority to use the results of research for commercial utilisation by the transferee.

FORM 6 Application for seeking prior approval of the National Biodiversity Authority to use the results of research for obtaining intellectual property rights by the transferee

FORM 7 Application for seeking prior approval of the National Biodiversity Authority before grant of intellectual property rights by persons covered under section 3 (2) of the Act.

Form 8 Application for registration with the National Biodiversity Authority before grant of intellectual property rights by persons covered under section 7 of the Act

FORM 9 Application for seeking prior approval of the National Biodiversity Authority (post registration) for commercialisation of intellectual property rights by persons covered under section 7 of the Act

FORM 10 Form for declaration of the use of biological resource(s) and/or associated traditional knowledge obtained from any foreign country, in India

FORM 11 Application cum format for obtaining certificate origin for cultivated medicinal plants

FORM 12 Format of book containing details of cultivated medicinal plants to be maintained by the Biodiversity Management Committee

FORM 13 Application for seeking prior approval of the National Biodiversity Authority for sending or carrying the biological resources outside India by Indian researchers or institutions for conducting non-commercial research or research for emergency purposes

FORM 14 Form of Memorandum of Appeal

FORM 15 FORMAT OF NOTICE FOR APPEARING FOR HEARING

FORM 16 FORMAT OF NOTICE BY ANY PERSON/BENEFIT CLAIMER

The NEW RULES shall come into force on expiry of sixty days from the date of their notification in the Official Gazette. December 24^th 2024.