Section Text
1 2. Definitions.--
In this Act, unless the context otherwise requires,--
(a)"benefitclaimers" means the conservers of biological resources, theirbyproducts, creators and holders of knowledge and information relating to the useof such biological resources, innovations and practices associated with suchuse and application;
(b)"biologicaldiversity" means the variability among living organisms from allsources and the ecological complexes of which they are part and includes diversitywithin species or between species and of eco-systems;
(c) "biological resources"means plants, animals andmicro-organisms or parts thereof, their genetic material and by-products(excluding value added products) with actual or potential use or value, butdoes not include human genetic material;
(d)"bio-surveyand bio-utilisation" means survey or collectionof species, subspecies, genes,components and extracts of biological resource for any purpose and includescharacterisation, inventorisation and bioassay;
(e)"Chairperson"means theChairperson of the National Biodiversity Authority or,as the case may be, of the State Biodiversity Board;
(f) "commercialutilization" means end uses of biological resources for commercialutilization such as drugs, industrial enzymes,food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extractsand genes used for improving crops and livestock through genetic intervention,but does not include conventional breeding or traditional practices in use inany agriculture, horticulture, poultry, dairy farming, animal husbandry or beekeeping;
(g)"fairand equitable benefit sharing"means sharing of benefits as determined by the National Biodiversity Authorityunder section 21;
(h)"localbodies" means Panchayats and Municipalities, by whatever namecalled, within the meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution andin the absence of any Panchayats or Municipalities, institutions ofself-government constituted under any otherprovision of the Constitution or any Central Act or State Act;
(i) "member"means amember ofthe National Biodiversity Authority or a State Biodiversity Board and includes theChairperson;
(j) "National Biodiversity Authority"means the National Biodiversity Authority established under section 8;
(k) "prescribed"means prescribed by rules made underthis Act;
(l) "regulations"means regulations made under this Act;
(m) "research"means studyor systematic investigation of any biological resource or technologicalapplication, that uses biological systems, living organisms or derivativesthereof to make or modify products or processes for any use;
(n)"State Biodiversity Board"means theState Biodiversity Board established under section22;
(o)"sustainableuse" means the use of components of biological diversityin such manner and at such rate that does not lead to the long-term decline ofthe biological diversity thereby maintaining its potential tomeet theneeds and aspirations of present and future generations;
(p)"valueadded products" means products which may contain portions or extractsof plants and animals in unrecognizable and physically inseparable form.
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1.Effective from 01.10.2003