The Authority may perform the following functions; namely :-
(i) lay down the procedure and guidelines to govern the activities provided under sections 3 ,4 and 6 ;
(ii) advise the Central Government on any matter concerning conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;
(iii) coordinate the activities of the State Bio-diversity Boards;
(iv) provide technical assistance and guidance to the State Bio-diversity Boards;
(v) commission studies and sponsor investigations and research;
(vi) engage consultants, for a specific period, not exceeding three years, for providing technical assistance to the Authority in the effective discharge of its functions:
Provided that if it is necessary and expedient to engage any consultant beyond the period of three years, the Authority shall seek prior approval of the Central Government for such an engagement.
(vii) collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge;
(viii) organise through mass media a comprehensive programme regarding conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.
(ix) plan and organise training of personnel engaged or likely to be engaged in programmes for the conservation of bio-diversity and sustainable use of its components;
(x) prepare the annual Budget of the Authority incorporating its own receipts as also the devaluation from the Central Government provided that the allocation by the Central Government shall be operated in accordance with the budget provisions approved by the Central Government;
(xi) recommend creation of posts to the Central Government, for effective discharge of the functions by the Authority and to create such posts, provided that no such post whether permanent/ temporary or of any nature, would be created without prior approval of the Central Government;
(xii) approve the method of recruitment to the officers and servants of the Authority;
(xiii) take steps to build up data base and to create information and documentation system for biological resources and associated traditional knowledge through bio-diversity registers and electronics data bases, to ensure effective management, promotion and sustainable uses;
(xiv) give directions to State Bio-diversity Boards and the Bio-diversity Management Committees in writing for effective implementation of the Act ;
(xv) report to the Central Government about the functioning of the Authority and implementation of the Act ;
(xvi) recommend, modify, collection of benefit sharing fee under sub section (1) of Section 6 or Changes of royalties under sub-section (2) of section 19 in respect of biological resources from time to time ;
(xvii) sanction grants-in-aid and grants to the State Bio-diversity Board and Biodiversity Management Committees for specific purposes;
(xviii) undertake physical inspection of any area in connection with the implementation of the Act ;
(xix) take necessary measures including appointment of legal experts to oppose grant of intellectual property right in any country outside India on any biological resource and associated knowledge obtained from India in an illegal manner;
(xx) do such other functions as may be assigned or directed by the CentralGovernment from time to time.
13. Powers and duties of Chairperson
(1) The Chairperson shall have the overall control of the day- to -day activities of the Authority.
(2) Subject to the provisions of Section 10, the Chairperson shall have the powers of general superintendence over the officers and staff of the Authority and he may issue necessary directions for the conduct and management of the affairs of the Authority.
(3) The Chairperson shall be In charge of all the confidential papers and records of the Authority and shall be responsible for their safe custody.
(4) All orders and instructions to be issued by the Authority shall be under the signature of the Chairperson or of any other officer authorized by the Chairperson in this behalf.
(5) The Chairperson, either himself or through an officer of the authority authorized for the purpose, may sanction and disburse all payments against the approved budget.
(6) The Chairperson shall have full powers for granting administrative and technical sanction to all estimates.
(7) The Chairperson shall convene and preside over all the meetings of the Authority and shall ensure that all decisions taken by the Authority are implemented in proper manner.
(8) The Chairperson shall exercise such other powers and perform such other functions as may be delegated to him from time to time by the Authority or the Central Government.
14. Procedure for access to biological resources and associated traditional knowledge
(1) Any person seeking approval of the Authority for access to biological resources and associated knowledge for research or for commercial utilization shall make an application in Form I.
(2) Every application under sub-rule (1) shall be accompanied by a fee of ten thousand rupees in the form of a cheque or demand draft drawn in favour of the Authority.
(3) The Authority shall after consultation with the concerned local bodies and collecting such additional information from the applicant and other sources, as it may deem necessary, dispose of the application, as far as possible, within a period of six months from the date of its receipts.
(4) On being satisfied with the merit of the application, the Authority may grant the approval for access to biological resources and associated knowledge subject to such term and conditions as it may deem fit to impose.
(5) The approval to access shall be in the form of a written agreement duly signed by an authorized officer of the Authority and the applicant.
(6) The form of the agreement referred to in sub-rule (5) shall be laid down by the Authority and shall include the following ; namely :-
(i) general objectives and purpose of the application for seeking approval ;
(ii) description of the biological resources and traditional knowledge including accompanying information;
(iii) intended uses of the biological resources (research, breeding, commercial utilization etc.)
(iv) conditions under which the applicant may seek intellectual property rights;
(v) quantum of monetary and other incidental benefits. If need be, a commitment to enter into a fresh agreement particularly in case if the biological material is taken for research purposes and later on sought to be used for commercial purposes, and also in case of any other change in use thereof subsequently.
(vi) restriction to transfer the accessed biological resources and the traditional knowledge to any third party without prior approval of Authority;
(vii) to adhere to a limit set by the Authority on the quantity and specification of the quality of the biological resources for which the applicant is seeking access;
(viii) guarantee to deposit a reference sample of the biological material sought to be accessed with the repositories identified in Section 39;
(ix) submitting to the Authority a regular status report of research and other developments;
(x) commitment to abide with the provisions of Act and rules and other related legislations in force in the country ;
(xi) commitment to facilitate measures for conservation and sustainable use of biological resources accessed ;
(xii) commitment to minimize environmental impacts of collecting activities ;
(xiii) legal provisions such as duration of the agreement, notice to terminate the agreement, independent enforceability of individual clauses, provision to the extent that obligations in benefit sharing clauses survive the termination of the agreement, events limiting liability (natural calamities), arbitration, any confidentiality clause.
(7) The conditions for access may specifically provide measures for conservation and protection of biological resources to which the access is being granted.
(8) The Authority may for reasons to be recorded in writing reject an application if it considers that the request cannot be acceded to.
(9) No application shall be rejected unless the applicant is given a reasonable opportunity of being heard.
(10) The Authority shall take steps to widely publicize the approvals granted, through print or electronic media and shall periodically monitor compliance of conditions on which the approval was accorded.