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Intellectual Property Rights - Law and Practice · Biological Diversity

National Biodiversity Authority: Constitution and Functions

Updated 11 October 2026 · Fact-checked

The National Biodiversity Authority (NBA) is a statutory body corporate set up under section 8 of the Biological Diversity Act, 2002, with its head office at Chennai. It makes regulations on access and benefit sharing, grants or rejects approvals under sections 3, 4 and 6, advises governments, and opposes foreign IP grants on Indian resources.

Understand National Biodiversity Authority: Constitution and Functions

India is rich in biological resources and in knowledge held by local communities. The Biological Diversity Act, 2002 controls how outsiders access these resources and makes sure that benefits are shared fairly. The National Biodiversity Authority (NBA) is the central body that does this work.

Under section 8, the Central Government establishes the NBA by notification. It is a body corporate with perpetual succession and a common seal. It can acquire, hold and dispose of property, contract, and sue and be sued. Its head office is at Chennai. It may open offices elsewhere in India with the previous approval of the Central Government.

The NBA has a Chairperson, sixteen ex officio members, four State Biodiversity Board representatives, five non-official members and a Member-Secretary. The Chairperson is an eminent person with knowledge and experience in conservation, sustainable use and fair and equitable benefit sharing. The ex officio members come from the Ministries listed in the Act. The four Board representatives serve on a rotational basis. The Central Government appoints the Chairperson, the ex officio members and the Member-Secretary.

Section 18 sets out what the NBA does. Its main duty is regulatory: it grants or rejects approvals for activities under sections 3, 4 and 6. It also makes regulations, with Central Government approval, on access to biological resources and associated traditional knowledge, and on fair and equitable sharing of benefits. Beyond this, it advises the Central and State Governments and can act abroad against wrongful IP grants.

The NBA works with other provisions too. Money it receives, including charges and benefit sharing amounts, goes into the National Biodiversity Fund under section 27. The Central Government can authorise it to monitor access to resources obtained from foreign countries under section 36A. State Biodiversity Boards handle the matters in section 7 and section 23, so keep the NBA and the State Boards separate in your answers.

Key rules to remember

Establishment and status (section 8)
NBA = body corporate + perpetual succession + common seal; head office at Chennai
Established by the Central Government by notification. Other offices need the Central Government's previous approval.
Composition (section 8(4))
1 Chairperson + 16 ex officio + 4 State Board representatives + 5 non-official + 1 Member-Secretary
The four State Board members serve on a rotational basis. The 16 ex officio members represent Ministries named in the Act.
Regulatory duty (section 18(1) and (2))
Make regulations (with Central Government approval) on access and benefit sharing; grant or reject approvals under sections 3, 4 and 6
Section 3 covers certain persons and entities seeking access, section 4 covers transfer of research results, and section 6 covers applying for intellectual property rights. Know the section numbers only as the NBA's approval areas.
Advisory powers (section 18(3))
Advise the Central Government, advise State Governments on heritage sites, advise State Boards, and perform other necessary functions
These are discretionary ('may'), unlike the regulatory duty, which is stated as a duty ('shall').
Opposing foreign IP (section 18(4))
NBA may, on behalf of the Central Government, take measures to oppose IP grants outside India on Indian biological resources or associated traditional knowledge
It covers resources found in or brought from India, including those deposited in repositories outside India.
Fund (section 27)
Charges and benefit sharing amounts received by NBA go into the National Biodiversity Fund
The Fund is used for channeling benefits to claimers, conservation, socio-economic development of source areas, and the Act's purposes.

How to solve National Biodiversity Authority: Constitution and Functions questions

Exam questions on the NBA are case-based or ask you to explain functions. Use a fixed structure: provision, analysis, conclusion.

  1. 1Read the question and identify what is asked: constitution, functions, powers, or a fact situation needing a decision.
  2. 2State the provision first: name the Act and the relevant section (8 for constitution, 18 for functions).
  3. 3For constitution questions, list the members in order and mention Chennai, body corporate status and perpetual succession.
  4. 4For functions, separate the mandatory duty (regulations and approvals) from the discretionary powers (advising, opposing foreign IP).
  5. 5For a fact situation, match each fact to a function. For example, an application for IP on a resource goes to the NBA's approval power under section 6.
  6. 6Check whether the matter belongs to the NBA or a State Biodiversity Board, and say so if it is a close call.
  7. 7Close with a clear conclusion and a practical compliance point, such as obtaining prior approval or making a representation to the NBA.

Quickest way: Remember the NBA with 'C-R-A-O'

When to use it: Use this when you have a few minutes and need a complete answer on functions.

  1. C: Constitution. Section 8, body corporate, Chennai, 1 + 16 + 4 + 5 + 1.
  2. R: Regulate. Make regulations on access and benefit sharing, and grant or reject approvals under sections 3, 4 and 6.
  3. A: Advise. The Central Government on conservation, sustainable use and benefit sharing; State Governments on heritage sites; State Boards on implementation.
  4. O: Oppose. Take measures against foreign IP grants on Indian resources and traditional knowledge.
  5. Add one line each on the Fund (section 27) and section 36A if marks allow.

Common mistakes in National Biodiversity Authority: Constitution and Functions

  • Writing that the head office of the NBA is at Delhi or in the Ministry's city.

    Students assume central bodies sit in the capital.

    Fix: Remember that section 8(3) fixes the head office at Chennai. Other offices need Central Government approval.

  • Mixing up the NBA with the State Biodiversity Board.

    Both grant approvals, so the roles blur.

    Fix: The NBA regulates activities under sections 3, 4 and 6. The State Board regulates activities under section 7 (section 23). Say which body fits the facts.

  • Giving the wrong composition, such as omitting the Member-Secretary or the four State Board representatives.

    The 2023 amendment changed the structure, and older notes show a different one.

    Fix: Learn the current list: Chairperson, 16 ex officio, 4 State Board representatives (rotational), 5 non-official, Member-Secretary.

  • Treating all NBA functions as mandatory.

    Students do not notice the difference between 'shall' and 'may'.

    Fix: Regulating by approvals is a duty under section 18(2). Advising and opposing foreign IP are powers framed with 'may'.

  • Saying the NBA makes access regulations on its own.

    Students skip the approval condition.

    Fix: Section 18(1) requires the Central Government's approval for the regulations.

  • Forgetting the role against foreign IP grants.

    Students focus on domestic approvals.

    Fix: Include section 18(4) in every answer on functions. It is the link between this chapter and the IP paper.

Worked examples

Example 1

Explain the constitution of the National Biodiversity Authority under the Biological Diversity Act, 2002.

Show the solution
  1. Provision: section 8 provides that the Central Government establishes the NBA by notification in the Official Gazette.
  2. Status: it is a body corporate with perpetual succession and a common seal. It can hold property, contract, and sue and be sued.
  3. Office: the head office is at Chennai. It may set up other offices in India with the Central Government's previous approval.
  4. Members: a Chairperson who is an eminent person in conservation, sustainable use and benefit sharing; sixteen ex officio members from the specified Ministries; four State Biodiversity Board representatives on rotation; five non-official members from experts, including legal experts and scientists, industry representatives, conservers, creators and knowledge-holders; and a Member-Secretary.
  5. Appointment: the Chairperson, ex officio members and Member-Secretary are appointed by the Central Government.

Answer: The NBA is a statutory body corporate under section 8 with its head office at Chennai. It has 1 Chairperson, 16 ex officio members, 4 State Board representatives (rotational), 5 non-official members and a Member-Secretary.

Example 2

A foreign company wants to obtain an IP right abroad on a medicinal plant sourced from Kerala and has deposited samples in an overseas repository. A local community objects. Advise on the role of the NBA.

Show the solution
  1. Provision: section 18(4) allows the NBA, on behalf of the Central Government, to take measures to oppose grant of IP rights in any country outside India on biological resources found in or brought from India.
  2. Analysis: the plant is found in India, and the provision expressly covers resources deposited in repositories outside India. It also covers associated traditional knowledge accessed.
  3. Analysis: the NBA's regulatory role under section 18(2) covers approvals for activities under sections 3, 4 and 6. Because the company seeks IP rights, the approval process for IP applications is relevant, and the NBA decides whether to grant or reject.
  4. Analysis: benefit sharing is determined under the NBA's regulations made under section 18(1). Any amounts received by the NBA go into the National Biodiversity Fund under section 27.
  5. Conclusion and practical point: the community or the State Board should bring the matter to the NBA with supporting records, so the NBA can consider measures to oppose the foreign grant.

Answer: The NBA has power under section 18(4) to oppose the foreign IP grant on behalf of the Central Government, including for resources in overseas repositories. It also regulates approvals and benefit sharing under section 18(1) and (2).

Exam tips

  • Write the section number next to each point. Sections 8 and 18 carry most of the marks for this topic.
  • Use a short list for composition and a short paragraph for functions. Examiners look for completeness.
  • In case-based questions, name the correct body first (NBA or State Board), then apply the provision and conclude.
  • Link the answer to IP: mention section 18(4) and the approval role under section 6.
  • Note the 2023 amendment (effective 1 April 2024) when you describe composition or powers, since older notes are outdated.

Practice questions from Biological Diversity

National Biodiversity Authority: Constitution and Functions in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

National Biodiversity Authority: Constitution and Functions: frequently asked questions

Where is the head office of the National Biodiversity Authority?

Section 8(3) of the Biological Diversity Act, 2002 fixes the head office at Chennai. The NBA can set up offices elsewhere in India with the previous approval of the Central Government.

What are the main functions of the NBA?

Its duty is to regulate activities under sections 3, 4 and 6 by granting or rejecting approvals, and to make regulations on access and benefit sharing. It may also advise the Central Government, State Governments and State Boards, and oppose foreign IP grants on Indian resources.

Who is on the NBA?

A Chairperson, sixteen ex officio members from specified Ministries, four State Biodiversity Board representatives on rotation, five non-official members, and a Member-Secretary. The Central Government makes the appointments for the Chairperson, ex officio members and Member-Secretary.

How does the NBA regulate access to biological resources?

It makes regulations, with Central Government approval, on access to biological resources and associated traditional knowledge and on fair and equitable benefit sharing. It then grants or rejects approvals for the activities covered by sections 3, 4 and 6.