Bare Act Search Results

Biological Diversity Act, 2002 Section 36

Title: Central Government to Develop National Strategies, Plans, Etc., for Conservation, Etc., of Biological Diversity

State: Central

Year: 2002

.....programmes and policies. (4) The Central Government shall undertake measures,-- (i) wherever necessary, for assessment of environmental impact of that project which is likely to have adverse effect on biological diversity, with a view to avoid or minimise such effects and where appropriate provide for public participation in such assessment; (ii) to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology likely to have adverse impact on the conservation and sustainable use of biological diversity and human health. (5) The Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the National Biodiversity Authority through such measures, which may include registration of such knowledge at the local, State or national levels, and other measures for protection, including sui generis system. Explanation.--For the purposes of this section,-- (a) "ex situ conservation" means the conservation of components of biological diversity outside their natural habitats; (b) "in situ conservation" means the conservation.....

Biological Diversity Act, 2002 Preamble 1

Title: The Biological Diversity Act, 2002

State: Central

Year: 2002

THE BIOLOGICAL DIVERSITY ACT, 2002 [Act, No. 18 of 2003] [5th February, 2003] An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto. whereas India is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto; and whereas India is a party to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992; and whereas the said Convention came into force on the 29th December, 1993; and whereas the said Convention reaffirms the sovereign rights of the States over their biological resources; and whereas the said Convention has the main objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of genetic resources; and whereas it is considered necessary to provide for conservation, sustainable utilisation and equitable sharing of the benefits arising out of utilisation of.....

Biological Diversity Act, 2002 Chapter 2

Title: Regulation of Access to Biological Diversity

State: Central

Year: 2002

.....papers or dissemination of knowledge in any seminar or workshop, if such publication is as per the guidelines issued by the Central Government. Section 5 - Sections 3 and 4 not to apply to certain collaborative research projects (1) The provisions of sections 3and 4 shall not apply to collaborative research projects involving transfer or exchange of biological resources or information relating thereto between institutions, including Government sponsored institutions of India, and such institutions in other countries, if such collaborative research projects satisfy the conditions specified in sub-section (3). (2) All collaborative research projects, other than those referred to in sub-section (1) which are based on agreements concluded before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under clause (a) of sub-section (3), be void. (3) For the purposes of sub-section (1), collaborative research projects shall-- (a) conform to the policy guidelines issued by the Central Government in this behalf; (b) be approved by the Central Government. Section.....

Biological Diversity Act, 2002 Complete Act

Title: Biological Diversity Act, 2002

State: Central

Year: 2002

.....and State Biodiversity Board deemed to be public servants Section52 - Appeal Section53 - Execution of determination of order Section54 - Protection of action taken in good faith Section55 - Penalties Section56 - Penalty for contravention of directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards Section57 - Offences by companies Section58 - Offences to be cognizable and non-bailable Section59 - Act to have effect in addition to other Acts Section60 - Power of Central Government to give directions to State Government Section61 - Cognizance of offences Section62 - Power of Central Government to make rules Section63 - Power of State Government to make rules Section64 - Power to make regulations Section65 - Power to remove difficulties

Biological Diversity Act, 2002 Section 20

Title: Transfer of Biological Resource or Knowledge

State: Central

Year: 2002

(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.

Biological Diversity Act, 2002 Section 7

Title: Prior Intimation to State Biodiversity Board for Obtaining Biological Resource for Certain Purposes

State: Central

Year: 2002

No person, who is a citizen of India or a body corporate, association or organisation which is registered in India, shall obtain any biological resource for commercial utilisation, or bio-survey and bio-utilisation for commercial utilisation except after giving prior intimation to the State Biodiversity Board concerned: Provided that the provisions of this section shall not apply to the local people and communities of the area, including growers and cultivators of biodiversity, and vaids and hakims, who have been practising indigenous medicine.

Biological Diversity Act, 2002 Section 40

Title: Power of Central Government to Exempt Certain Biological Resources

State: Central

Year: 2002

Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity Authority, by notification in the Official Gazette, declare that the provisions of this Act shall not apply to any items, including biological resources normally traded as commodities.

Biological Diversity Act, 2002 Complete Act

State: Central

Year: 2002

.....to the National Biodiversity Authority by way of grants or loans such sums of money as the Central Government may think fit for the purposes of this Act. SECTION 27: CONSTITUTION OF NATIONAL BIODIVERSITY FUND (1) There shall be constituted a Fund to be called the National Biodiversity Fund and there shall be credited thereto- (a) any grants and loans made to the National Biodiversity Authority under Sec. 26. (b) all charges and royalties received by the National Biodiversity Authority under this Act; and (c) all sums received by the National Biodiversity Authority from such other sources as may be decided upon by the Central Government. (2) The Fund shall be applied for- (a) channelling benefits to the benefit claimers; (b) conservation and promotion of biological resources and development of areas from where such biological resources or knowledge associated thereto has been accessed; (c) socio-economic development of areas referred to in clause (b) in consultation with the local bodies concerned. SECTION 28: ANNUAL REPORT OF NATIONAL BIODIVERSITY AUTHORITY -The National Biodiversity Authority shall prepare, in such form and at such time each financial year as may.....

Biological Diversity Act, 2002 Chapter 9

Title: Duties of the Central and the State Governments

State: Central

Year: 2002

.....and conservation of all the heritage sites. (3) The State Government shall frame schemes for compensating or rehabilitating any person or section of people economically affected by such notification. Section 38 - Power of Central Government to notify threatened species Without prejudice to the provisions of any other law for the time being in force, the Central Government, in consultation with the concerned State Government, may from time to time notify any species which is on the verge of extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species. Section 39 - Power of Central Government to designate repositories (1) The Central Government may, in consultation with the National Biodiversity Authority, designate institutions as repositories under this Act for different categories of biological resources. (2) The repositories shall keep in safe custody the biological material including voucher specimens deposited with them. (3) Any new taxon discovered by any person shall be notified to the repositories or.....

Biological Diversity Act, 2002 Chapter 1

Title: Preliminary

State: Central

Year: 2002

.....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.....