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Biological Diversity Act, 2002

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Main page The Biological Diversity Act, 2002 is an Act of the Parliament of India for preservation of biological diversity in India, and
Biological Diversity Act, 2002
Contents provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The
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Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party.
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1 History
Wikipedia store
2 Biodiversity and biological resource
Interaction 3 National Biodiversity Authority and State Biodiversity Boards
Help 3.1 Functions
About Wikipedia 4 Regulations
Community portal Parliament of India
5 Benefit sharing
Recent changes Long title [show]
6 Penalties
Contact page
7 See also Citation Act No. 18 of 2003

Tools 8 References Enacted by Parliament of India

What links here 9 External links Assented to 5 February 2003

Related changes Commenced 1 October 2003 and 1 July
Upload file 2004[1][2]
Special pages History [ edit ] Status: In force
Permanent link
Page information The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a part in 2002.[3][4]
Wikidata item
Cite this page Biodiversity and biological resource [ edit ]

Print/export Biodiversity has been defined under Section 2(b) of the Act as "the variability among living organisms from all sources and the ecological complexes of which they are part, and
Download as PDF includes diversity within species or between species and of eco-systems". The Act also defines, Biological resources as "plants, animals and micro-organisms or parts thereof,
Printable version their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material."[5]

Languages
മലയാളം
National Biodiversity Authority and State Biodiversity Boards [ edit ]
Edit links Main article: National Biodiversity Authority

The National Biodiversity Authority (NBA) is a statutory autonomous body, headquartered in Chennai, under the Ministry of Environment and Forests, Government of India
established in 2003 to implement the provisions under the Act. State Biodiversity Boards (SBB) has been created in 29 States along with 31,574 Biological management
committees (for each local body) across India.

Functions [ edit ]

Regulation of acts prohibited under the Act

Advise the Government on conservation of biodiversity
Advise the Government on selection of biological heritage sites
Take appropriate steps to oppose grant of intellectual property rights in foreign countries, arising from the use of biological resources or associated traditional knowledge.[6]

Regulations [ edit ]

A foreigner, non-resident Indian as defined in clause (30) of section 2 of The Income-tax Act, 1961 or a foreign company or body corporate need to take permission from the
NBA before obtaining any biological resources or associated knowledge from India for research, survey, commercial utilisation.[7] Indian citizens or body corporates need to
take permission from the concerned State Biodiversity Board.[8]

Result of research using biological resources from India cannot be transferred to a non-citizen or a foreign company without the permission of NBA. However, no such
permission is needed for publication of the research in a journal or seminar, or in case of a collaborative research made by institutions approved by Central Government.[9]

No person should apply for patent or other form of intellectual property protection based on the research arising out of biological resources without the permission of the NBA.
The NBA while granting such permission may make an order for benefit sharing or royalty based on utilisation of such protection.[10]

Benefit sharing [ edit ]

Benefit sharing out of usage of biological resources can be done in following manner:

Joint ownership of intellectual property rights 2 3 4

transfer of technology
location of production, research development units in the area of source
payment of monetary and non-monetary compensation
setting up of venture capital fund for aiding the cause of benefit claimers[11]

Penalties [ edit ]

If a person, violates the regulatory provisions he will be "punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh
rupees and where the damage caused exceeds ten lakh rupees such fine may commensurate with the damage caused, or with both."[10]

Any offence under this Act is non-bailable and cognizable.

See also [ edit ]

List of Biodiversity Heritage Sites of India

Traditional Knowledge Digital Library
Indigenous intellectual property
Convention on Biological Diversity
Bioprospecting
Protection of Plant Varieties and Farmers' Rights Act, 2001

References [ edit ]

1. ^ "S.O.753(E), [01/07/2004]- Coming into force of sections of the Biodiversity Act, 5. ^ Section 2(c) of Biological Diversity Act, 2002
2002" . Ministry of Environment and Forest. Archived from the original on 8 April 6. ^ Section 18 of Biological Diversity Act, 2002
2012. Retrieved 24 April 2013. 7. ^ Section 3 of Biological Diversity Act, 2002
2. ^ "S.O.1146 (E)- Bringing into force Sections 1 and 2; Sections 8 to 17; Sections 8. ^ Section 7 of Biological Diversity Act, 2002
48,54,59,62,63,64 and 65 w.e.f. 1st October, 2003" . Ministry of Environment and 9. ^ Section 4&5 of Biological Diversity Act, 2002
Forest. Archived from the original on 8 April 2012. Retrieved 24 April 2013. 10. ^ a b Section 6 of Biological Diversity Act, 2002
3. ^ "Environmental legislation" , The Statesman, 19 January 2017 11. ^ Section 21(2) of Biological Diversity Act, 2002
4. ^ "Biological Diversity Act 2002 and establishment of National Biodiversity Authority,
Chennai" , Ministry of Environment and Forests

External links [ edit ]

Biological Diversity Act, 2002

National Biodiversity Authority

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Categories: Acts of the Parliament of India 2002 2002 in the environment Environmental law in India Indian intellectual property law Traditional knowledge
Biodiversity Convention on Biological Diversity

This page was last edited on 7 March 2020, at 13:33 (UTC).

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