The Implementing Structures, in Exam Shape

In one line

The implementing structures are three bodies, three funds and one register, and the University has asked for them in terms.

In exam wording: the implementive structures of the Biological Diversity Act 2002 are the National Biodiversity Authority established under section 8, the State Biodiversity Boards established under section 22 and the Biodiversity Management Committees constituted under section 41; funded respectively by the National Biodiversity Fund under section 27, the State Biodiversity Fund under section 32 and the Local Biodiversity Fund under section 43; operating through the approval procedure in section 19, the intimation procedure in sections 7 and 24, the benefit sharing determination in section 21 and the mandatory consultation in section 41(2); and supported by the People's Biodiversity Register that each Committee maintains.

Why this chapter exists separately

The 2018 first-half paper asks: "Discuss the salient features of Biodiversity Act 2002. What are the implementive structures of Biodiversity Act?" The second half is a question about machinery, and it wants the bodies, the money and the procedure, not the objectives.

The structure as a diagram in words

At the top. The Central Government. It makes rules under section 62, gives policy directions to the Authority under section 48, gives directions to a State under section 60, notifies threatened species under section 38, designates repositories under section 39 and grants exemptions under section 40.

Below it, the National Biodiversity Authority, section 8. Sixteen ex officio members, five non-official members, a Chairperson and a Member-Secretary, at Chennai. It decides applications by foreign persons under sections 3, 4 and 6, through the procedure in sections 19 and 20; determines benefit sharing under sections 19(3A) and 21; makes regulations under sections 18(1) and 64; and opposes foreign patents under section 18(4). Its money is the National Biodiversity Fund, section 27.

Beside it, the State Government. It makes rules under section 63, gives policy directions to its Board under section 49, notifies biodiversity heritage sites under section 37 and, since 2023, develops its own strategies under section 36B.

Below that, the State Biodiversity Board, section 22. A Chairperson, up to seven ex officio and up to five non-official members. It regulates section 7 activities by granting or rejecting approvals under section 23(b), determines benefit sharing under section 23(ba), and may restrict or reject an activity under section 24(2). Its money is the State Biodiversity Fund, section 32. No Board exists for a Union territory; the Authority acts instead under section 22(2).

At the bottom, the Biodiversity Management Committee, section 41. Seven to eleven members, at every Gram Panchayat, Nagar Panchayat, Municipal Committee or Municipal Corporation. It documents, it maintains the People's Biodiversity Register, it must be consulted under section 41(2), it is the counterparty to the mutually agreed terms under section 21(1), and since 2023 it issues the certificate of origin under section 7(3). Its money is the Local Biodiversity Fund, section 43, applied under section 44.