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Biodiversity Heritage Sites, Threatened Species and Section 36B

Updated 11 October 2026 · Fact-checked

Conservation measures under the Biological Diversity Act, 2002 are three tools. The State Government notifies biodiversity heritage sites (section 37), the Central Government notifies threatened species (section 38), and the State Government develops conservation strategies, plans and programmes (section 36B). Solve questions by naming the authority, the condition and the consequence.

Understand Conservation Measures: Heritage Sites, Threatened Species and Section 36B

The Biological Diversity Act, 2002 does more than regulate access to biological resources. It also tells governments to conserve biodiversity actively. This topic covers three conservation tools, and each one sits with a different authority.

Section 36B is the State Government's planning duty. It was inserted by the 2023 amendment, effective 1-4-2024. The State Government shall develop strategies, plans and programmes for conservation, promotion and sustainable use of biological diversity. These must conform to the national strategies, plans and programmes. The section lists what they may include: identifying and monitoring areas rich in biological resources, in situ and ex situ conservation (including cultivars, folk varieties and landraces), and incentives for research, training and public education. Under sub-section (2), the State Government shall integrate conservation into relevant sectoral policies or cross-sectoral plans, but only as far as practicable and wherever it deems appropriate.

It mirrors section 36, which gives the same duty to the Central Government. Section 36 adds that the Centre acts in consultation with the State Government and Union territories. It can also direct a State to take immediate ameliorative measures where an area rich in biodiversity is threatened by overuse, abuse or neglect, offering technical and other assistance.

Biodiversity heritage sites (section 37) are areas of biodiversity importance. The State Government may notify them in the Official Gazette, based on the recommendation of the State Biodiversity Board. Before recommending, the Board must consult the local body and the Biodiversity Management Committee concerned. The State Government, in consultation with the Central Government, may frame rules for management and conservation of these sites. It shall frame schemes to compensate or rehabilitate people economically affected by the notification. The National Biodiversity Authority may advise States on selecting such areas and on managing them (section 18(3)(b)).

Threatened species (section 38) work differently. The Central Government, in consultation with the concerned State Government, may notify a species that is on the verge of extinction or likely to become extinct in the near future. It can then prohibit or regulate collection of that species for any purpose and take steps to rehabilitate and preserve it. The Centre may delegate this power to the State Government. If it does, the State must consult the National Biodiversity Authority before notifying.

Key rules to remember

Section 36B(1) duty: State Government SHALL develop strategies, plans and programmes, in conformity with national ones; Mandatory duty. Covers identification and monitoring of rich areas, in situ and ex situ conservation, incentives for research, training and public education.
Section 36B(2) integration: State Government shall, as far as practicable and wherever it deems appropriate, integrate conservation into sectoral or cross-sectoral policies, plans and programmes; Qualified duty. Do not state it as absolute.
Section 37 heritage sites: State Board recommends (after consulting local body and BMC) → State Government notifies in Official Gazette; The State Government has the power to notify; the Board only recommends. The State must frame compensation or rehabilitation schemes for affected people.
Section 38 threatened species: Central Government, in consultation with State Government, notifies species on verge of extinction or likely to become extinct in near future; Can prohibit or regulate collection and take rehabilitation and preservation steps. If delegated to a State, the State consults the NBA first.
In situ vs ex situ (section 36 Explanation): In situ = in natural surroundings; ex situ = outside natural habitats; For domesticated or cultivated species, in situ means the surroundings where they developed their distinctive properties.

How to solve Conservation Measures: Heritage Sites, Threatened Species and Section 36B questions

Use this method for any question on heritage sites, threatened species or section 36B. It keeps you to provision, analysis and conclusion.

1Identify the tool in the facts: a planning duty (section 36B), a site-based protection (section 37) or a species-based protection (section 38).
2Name the authority that acts. Sections 36B and 37 sit with the State Government; section 38 sits with the Central Government.
3State the procedure or precondition: Board recommendation and consultation with the local body and BMC for section 37; consultation with the State for section 38; conformity with national plans for section 36B.
4Check whether the power is mandatory (shall) or discretionary (may). Section 36B(1) is mandatory; sections 37 and 38 are discretionary; 36B(2) is qualified.
5State the consequence: compensation or rehabilitation schemes for section 37, prohibition or regulation of collection for section 38.
6Apply the facts to each element and write a clear conclusion. Add a practical point, such as the Gazette notification or the NBA's advisory role.

Quickest way: Who, on whose advice, with what effect

When to use it: Use it for short-note questions or when you have under ten minutes for a case.

Write the section number and the one-line subject.
Write WHO acts: State (36B, 37) or Centre (38).
Write ON WHOSE INPUT: State Board plus local body and BMC (37); State consultation (38); national plans (36B).
Write the EFFECT: plans (36B); protected site plus compensation schemes (37); restricted collection and rehabilitation (38).
Close with the 2023 amendment point: section 36B was inserted w.e.f. 1-4-2024.

Common mistakes in Conservation Measures: Heritage Sites, Threatened Species and Section 36B

Saying the Central Government notifies biodiversity heritage sites.
Students link all notifications with the Centre, as with threatened species.
Fix: Remember: sites are notified by the State Government on the State Board's recommendation; species are notified by the Centre.
Treating section 36B as the Centre's duty or omitting that it is new.
Section 36 and 36B are almost identical in wording.
Fix: Section 36 = Central Government; 36B = State Government, inserted by the 2023 amendment w.e.f. 1-4-2024.
Forgetting the consultation requirement before a section 37 recommendation.
Students focus on the notification and skip the proviso.
Fix: Write that the State Board must consult the local body and the Biodiversity Management Committee concerned.
Omitting the compensation scheme for people affected by a heritage site notification.
Students treat notification as purely a conservation step.
Fix: Add that the State Government shall frame schemes for compensating or rehabilitating affected persons (section 37(3)).
Stating that section 36B(2) integration is absolute.
Students read 'shall' and ignore the qualifiers.
Fix: Quote the qualifiers: 'as far as practicable' and 'wherever it deems appropriate'.
Ignoring delegation under section 38.
The provisos were added in 2023 and older notes miss them.
Fix: State that the Centre may delegate the power to the State, which must then consult the National Biodiversity Authority before notifying.

Worked examples

Example 1

The State of Meghvan has a forest rich in wild varieties of millets, and local communities depend on it. The State Biodiversity Board wants it protected as a biodiversity heritage site. Explain the procedure and the State's obligations under the Biological Diversity Act, 2002.

Show the solution

Provision: under section 37(1), the State Government may notify areas of biodiversity importance as biodiversity heritage sites in the Official Gazette, based on the State Biodiversity Board's recommendation.
Precondition: before recommending, the Board must consult the local body and the Biodiversity Management Committee concerned. Given the community's dependence, this consultation is essential.
Rules: the State Government, in consultation with the Central Government, may frame rules for management and conservation of the site.
Obligation: under section 37(3), the State Government shall frame schemes to compensate or rehabilitate any person or section of people economically affected by the notification.
Support: the National Biodiversity Authority may advise the State on selecting such areas and on their management (section 18(3)(b)).

Answer: The Board consults the local body and the BMC and recommends the forest; the State Government then notifies it in the Official Gazette as a heritage site. It may frame management rules in consultation with the Centre, and it must frame compensation or rehabilitation schemes for affected people.

Example 2

The Central Government finds that a rare orchid species is on the verge of extinction and delegates its notification power to the State of Himgiri. Can the State notify it, and what must it do first? What follows from notification?

Show the solution

Provision: under section 38, the Central Government may notify a species on the verge of extinction or likely to become extinct in the near future as a threatened species.
Delegation: the first proviso lets the Central Government delegate this power to the State Government.
Condition: under the second proviso, a State exercising delegated power shall consult the National Biodiversity Authority before issuing the notification.
Effect: once notified, collection of the species for any purpose may be prohibited or regulated, and appropriate steps may be taken to rehabilitate and preserve it.
Conclusion: Himgiri can notify the orchid, but only after consulting the NBA.

Answer: Yes. Himgiri may notify the orchid under the delegated power, but it must first consult the National Biodiversity Authority. After notification, collection may be prohibited or regulated and rehabilitation and preservation steps may be taken.

Exam tips

Link each tool to its authority in your first line: State for sections 36B and 37, Centre for section 38. Examiners test this.
Use the exact words 'shall' and 'may' as the Act does, and quote the qualifiers in 36B(2).
In a case question, name the consultation steps (local body and BMC; State; NBA). Marks sit in procedure.
Mention that section 36B was inserted by the 2023 amendment with effect from 1-4-2024. It shows currency.
Compare sections 36 and 36B in a table-style paragraph if asked about the Centre's and State's roles. Keep it brief.

Practice questions from Biological Diversity

Conservation Measures: Heritage Sites, Threatened Species and Section 36B: frequently asked questions

What does section 36B of the Biological Diversity Act require?

It requires the State Government to develop strategies, plans and programmes for conservation, promotion and sustainable use of biological diversity, in conformity with national ones. It also asks the State to integrate conservation into relevant sectoral policies or cross-sectoral plans as far as practicable and wherever it deems appropriate.

Who declares a biodiversity heritage site?

The State Government notifies it in the Official Gazette under section 37, based on the State Biodiversity Board's recommendation. The Board must first consult the local body and the Biodiversity Management Committee concerned.

Who can notify a threatened species?

The Central Government, in consultation with the concerned State Government, notifies it under section 38. The Centre may delegate this power to a State, which must then consult the National Biodiversity Authority before notifying.

Are people compensated when a heritage site is notified?

Yes. Section 37(3) says the State Government shall frame schemes for compensating or rehabilitating any person or section of people economically affected by the notification.