Role and Functions of the National Biodiversity Authority (NBA)

India is one of the world’s 17 megadiverse countries, home to roughly 8% of global biodiversity. Protecting this vast natural wealth requires more than good intentions – it needs a strong institutional framework. That’s exactly why the National Biodiversity Authority (NBA) was created. Established in 2003 under the Biological Diversity Act, 2002, the NBA is a statutory autonomous body headquartered in Chennai that serves facilitative, regulatory, and advisory functions for the Government of India. It was set up after India signed the Convention on Biological Diversity (CBD) in 1992, committing to conserving biodiversity, promoting its sustainable use, and ensuring the fair sharing of benefits derived from biological resources.

But what exactly does the NBA do on a day-to-day basis? How is it structured, and why does its work matter for everything from medicinal plant research to patent applications? Let’s break it down.

Establishment and structure of the NBA 🔗

The NBA was born out of India’s commitment to the CBD and the need for a dedicated national body to operationalise the Biological Diversity Act, 2002. The Act mandates a decentralized implementation system, and the NBA was created under Section 8 of the Act with its headquarters in Chennai, Tamil Nadu.

Composition of the authority 🔗

The NBA’s membership is designed to bring together policy-level authority and domain expertise. It consists of a Chairperson – an eminent individual with proven knowledge in biodiversity conservation, sustainable use, and equitable benefit-sharing – along with 10 ex-officio members representing various central government ministries, and 5 non-official members drawn from specialists and scientists.

The ex-officio members include three representatives from the Ministries dealing with Tribal Affairs and Environment and Forests, and seven more representing ministries handling Agricultural Research, Biotechnology, Ocean Development, Agriculture and Cooperation, Indian Systems of Medicine and Homoeopathy, Science and Technology, and Scientific and Industrial Research. All members are appointed by the Central Government.

The three-tier governance model 🔗

The NBA does not work in isolation. India’s biodiversity governance operates through a multi-tier framework consisting of the NBA at the national level, State Biodiversity Boards (SBBs) at the state level, and Biodiversity Management Committees (BMCs) at the local (panchayat and municipality) level.

Since its establishment, the NBA has supported the creation of SBBs in 29 states and facilitated the formation of approximately 1,39,831 BMCs across the country. The BMCs play a critical role at the grassroots – they document local biological resources and traditional knowledge in what are known as People’s Biodiversity Registers (PBRs). This decentralised approach ensures that biodiversity conservation efforts reach every corner of the country, from national policy down to local action.

For Union Territories that do not have their own State Biodiversity Boards, the NBA itself steps in to exercise SBB powers and functions.

Primary functions of the NBA 🔗

The NBA’s role spans three broad categories: regulatory, advisory, and facilitative. Each of these is vital in shaping how India manages its biological wealth.

Advisory role 🔗

The NBA advises the Government of India on matters relating to the conservation of biodiversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the utilisation of biological resources. This includes recommending policies, strategies, and action plans to both central and state governments.

A key advisory function involves guiding state governments on the selection of areas of biodiversity importance to be notified as heritage sites under Section 37 of the Act, and recommending measures for managing such sites.

Regulatory role 🔗

The NBA regulates activities and issues guidelines for access to biological resources and for fair and equitable sharing of benefits. This is especially important in preventing the unauthorised exploitation of India’s rich biological wealth by foreign entities.

Foreign individuals or corporate bodies seeking to obtain biological resources or associated traditional knowledge for research, surveys, or commercial use must obtain prior approval from the NBA. Indian citizens and companies, on the other hand, seek permissions from their respective State Biodiversity Boards for commercial purposes.

Facilitative role 🔗

Beyond regulation and advice, the NBA actively facilitates conservation action on the ground. It supports the establishment and capacity-building of SBBs and BMCs, organises awareness and training programmes, and monitors and prevents actions prohibited under the Act. It also works to ensure that monetary and non-monetary benefits from bio-resources reach the local communities that have traditionally conserved them.

Approval and compliance mechanisms 🔗

One of the NBA’s most significant responsibilities is controlling who can access India’s biological resources, and under what terms. This is where the Access and Benefit-Sharing (ABS) framework comes in.

Regulating research and bio-utilisation 🔗

Under Section 3 of the Biological Diversity Act, any use of Indian biological resources by foreigners, foreign companies, or Indian entities with non-Indian participation – whether for research, bio-survey, or commercial purposes – is prohibited without the NBA’s prior approval.

Under Section 4, transferring the results of research involving Indian biological resources to any foreign entity also requires the NBA’s prior approval. However, there is a notable exception: no such permission is needed for publishing research results in journals or seminars, or for collaborative research conducted under the overall policy guidelines of the Central Government.

Intellectual property rights (IPR) approvals 🔗

The link between biodiversity and intellectual property is a critical area of NBA oversight. Section 6 of the Act makes it mandatory to obtain prior approval from the NBA before applying for any intellectual property right – in India or abroad – that is based on a biological resource of Indian origin or associated traditional knowledge.

The NBA uses a structured application process. Form 1 covers direct access to biological resources; Form 2 deals with transfer of research results; Form 3 is for IPR applications; and Form 4 handles third-party transfers of already-accessed resources. Each approved application comes with specific benefit-sharing requirements determined on a case-by-case basis.

Under the updated Biological Diversity Rules of 2024, foreign applicants must pay prescribed fees (ranging from INR 5,000 to INR 20,000 depending on the activity and applicant type) and approval decisions are to be made within 180 days. Payment can now be made digitally to the National Biodiversity Fund, replacing the earlier physical cheque-based system.

Opposing illegitimate IPR claims abroad 🔗

The NBA is empowered to take measures to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or associated traditional knowledge derived illegally. This is a powerful tool against biopiracy – the practice of claiming IP rights over biological materials or traditional knowledge without proper authorisation.

A well-known example of this function in action: the NBA opposed Monsanto’s bid for a patent on an Indian melon variety , demonstrating its willingness to challenge major corporations when India’s biological resources are at stake.

Benefit-sharing enforcement 🔗

Under the Act, the NBA is required to determine the terms of benefit-sharing while granting approvals. Benefit-sharing requires applicants to share monetary and non-monetary benefits with benefit claimers – conservers of biodiversity, or creators and holders of traditional knowledge.

Benefits can take many forms: monetary payments, joint ownership of IPRs, technology transfer, involvement of Indian scientists in research and development, or even setting up venture capital funds. All monetary benefits are deposited into the National Biodiversity Fund, which channels resources to conservation and community development at the local level.

NBA’s involvement in biodiversity protection 🔗

Beyond regulating access and sharing benefits, the NBA plays a direct role in on-ground biodiversity protection.

Declaring threatened species 🔗

Under the Act, the Central Government – in consultation with the NBA – has the authority to notify threatened species and prohibit or regulate their collection, rehabilitation, and conservation. This gives the NBA a direct say in identifying which species need urgent legal protection, going beyond advisory recommendations into enforceable action.

The Central Government can also, in consultation with the NBA, designate specific institutions as repositories for different categories of biological resources – ensuring that specimens and genetic material are preserved safely for future research and conservation efforts.

Biodiversity heritage sites 🔗

Section 37 of the Act provides for designating Biodiversity Heritage Sites (BHS). These are areas of biodiversity importance that harbour rich biodiversity, wild relatives of crops, or areas lying outside the existing protected area network. The NBA advises state governments on selecting and managing these sites.

BHS are defined as unique, ecologically fragile ecosystems – terrestrial, coastal, inland water, and marine – with rich biodiversity that may include high endemism, rare and threatened species, keystone species, species of evolutionary significance, or wild ancestors of cultivated varieties. They also carry significant cultural, ethical, or aesthetic value. The process for declaring a BHS originates from BMCs at the local level , reinforcing the bottom-up approach to conservation.

Coordination with other entities 🔗

Effective biodiversity protection requires collaboration across multiple agencies and levels of government. The NBA works closely with State Biodiversity Boards, the Ministry of Environment, Forest and Climate Change, and local BMCs. There is no overlap in the functions of the NBA and SBBs on ABS matters – their domains are clearly distinct. Matters involving foreign entities, IPR, and transfer of research results fall under the NBA, while access by Indian entities for commercial purposes is handled by the respective SBBs.

Any grievances related to benefit-sharing determinations or orders of the NBA can be taken to the National Green Tribunal (NGT) , providing an independent judicial check on the authority’s decisions. All offences under the Act are classified as cognizable and non-bailable, underscoring the seriousness with which India treats biodiversity violations.

Challenges and the road ahead 🔗

Despite its strong mandate, the NBA faces real-world challenges. Coordinating biodiversity conservation across multiple states and stakeholders remains difficult due to the need for better implementation mechanisms. Enforcement is uneven, and many BMCs still lack the resources and technical capacity needed to fulfil their mandates effectively.

The 2025 NBA Regulations have brought important updates, including the inclusion of Digital Sequence Information (DSI) under regulation, clearer benefit-sharing rules, and greater emphasis on community participation. These changes align India with evolving global norms, but their success will depend heavily on effective implementation at the grassroots level and adequate digital infrastructure.

The stakes are high. India’s biological diversity underpins agriculture, medicine, industry, and livelihoods for millions. The NBA, with its regulatory teeth and multi-tiered structure, remains central to ensuring that this wealth is used sustainably, shared fairly, and conserved for the long term.

What do you think? Do you believe India’s three-tier biodiversity governance model – with the NBA, SBBs, and BMCs – is effective enough to protect its megadiverse ecosystems? And as biological data increasingly goes digital, how should institutions like the NBA adapt to regulate access to Digital Sequence Information alongside physical biological resources?

References

1. https://www.cbd.int/
2. https://prsindia.org/billtrack/the-biological-diversity-amendment-bill-2021
3. https://abs.nls.ac.in/?page_id=219
4. https://www.drishtiias.com/to-the-points/paper3/biological-diversity-act-2002