Biological Diversity Act, 2002
Chapter I Preliminary
1.This Act may be called the Biological Diversity Act, 2002.
2. It extends to the whole of India.
3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions In this Act, unless the context otherwise requires,-
a. Benefit Claimers means the conservers of biological resources, their by-products, creators and holders of knowledge and information relating to the use of such biological resources, innovations and practices associated with such use and application ;
b.Biological Diversity means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of eco-systems;
c. Biological Resources means plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material;
d.Bio-survey and Bio-utilisation means survey or collection of species, sub-species, genes, components and extracts of biological resource for any purpose and includes characterisation, inventorisation and bioassay;
e. Chairperson means the Chairperson of the National Biodiversity Authority or, as the case may be, of the State Biodiversity Board;
f. Commercial Utilization means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and live tock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping;
g. Fair and Equitable Benefit Sharing means sharing of benefits as determined by the National Biodiversity Authority under section 21;
h.Local bodies means Panchayats and Municipalities, by whatever name called, within the meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of s lf-government constituted under any other provision of the Constitution or any Central Act or State Act;
i. Member means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson;
j. National Biodiversity Authority means the National Biodiversity Authority established under section 8;
k. Prescribed means prescribed by rules made under this Act;
l. Regulations means regulations made under this Act;
m. Research means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use;
n. State Biodiversity Board means the State Biodiversity Board established under section 22;
o. Sustainable Use means the use of components of biological diversity in such manner and at such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations;
p. \"value added products\" means products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form.
Chapter IV - Functions and Powers of the National Biodiversity Authority 18. Functions and powers of National Biodiversity Authority.-
1. It shall be the duty of the National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by regulations issue guidelines for access to biological resources and for fair and equitable benefit sharing.
2. The National Biodiversity Authority may grant approval for undertaking any activity referred to in sections 3, 4 and 6.
3. The National Biodiversity Authority may-
a. advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the utilisation of biological resources;
b. advise the State Governments in the selection of areas of biodiversity importance to be notified under sub-section (1) of section 37 as heritage sites and measures for the management of such heritage sites;
c. perform such other functions as may be necessary to carry out the provisions of this Act.
4. The National Biodiversity Authority may, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India.
Transfer of Biological Resource or Knowledge
1. No person who has been granted approval under section 19 shall transfer any biological resource or knowledge associated thereto which is the subject matter of the said approval except with the permission of the National Biodiversity Authority.
2. Any person who intends to transfer any biological resource or knowledge associated thereto referred to in sub-section (1) shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
3. On receipt of an application under sub-section (2), the National Biodiversity Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application: Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected.
4. The National Biodiversity Authority shall give public notice of every approval granted by it under this section.
23. Functions of State Biodiversity Board.-
The functions of the State Biodiversity Board a. Advise the State Government, subject to any guidelines issued by the Central Government, on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilisation f biological resources;
b. regulate by granting of approvals or otherwise requests for commercial utilisation or bio-survey and bio-utilisation of any biological resource by Indians;
c. perform such other functions as may be necessary to carry out the provisions of this Act or as may be prescribed by the State Government.
24. Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.-
1. Any citizen of India or a body corporate, organisation or association registered in India intending to undertake any activity referred to in section 7 shall give prior intimation in such form as may be prescribed by the State Government to the State Biodiversity Board.
2. On receipt of an intimation under sub-section (1), the State Biodiversity Board may, in consultation with the local bodies concerned and after making such enquires as it may deem fit, by order, prohibit or restrict any such activity if it is of opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of benefits arising out of such activity: Provided that no such order shall be made without giving an opportunity of being heard to the person affected.
3. Any information given in the form referred to in sub-section (1) for prior intimation shall be kept confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned thereto.