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 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 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.....

Biological Diversity Act, 2002 Chapter 3

Title: National Biodiversity Authority

State: Central

Year: 2002

.....of service of such officers and other employees of the National Biodiversity Authority shall be such as may be specified by regulations. Section 15 - Authentication of orders and decisions of National Biodiversity Authority All orders and decisions of the National Biodiversity Authority shall be authenticated by the signature of the Chairperson or any other member authorised by the National Biodiversity Authority in this behalf and all other instruments executed by the National Biodiversity Authority shall be authenticated by the signature of an officer of the National Biodiversity Authority authorised by it in this behalf. Section 16 - Delegation of powers The National Biodiversity Authority may, by general or special order in writing, delegate to any member, officer of the National Biodiversity Authority or any other person subject to such conditions, if any, as may be specified in the order, such of the powers and functions under this Act (except the power to prefer an appeal under section 50 and the power to make regulations under section 64) as it may deem necessary. Section 17 - Expenses and powers of National Biodiversity Authority to be defrayed out of.....

Biological Diversity Act, 2002 Chapter 6

Title: State Biodiversity Board

State: Central

Year: 2002

.....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. Section 25 - Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board The provisions.....

Biological Diversity Act, 2002 Section 22

Title: Establishment of State Biodiversity Board

State: Central

Year: 2002

.....that in relation to any Union territory, the National Biodiversity Authority may delegate all or any of its powers or functions under this sub-section to such person or group of persons as the Central Government may specify. (3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (4) The Board shall consist of the following members, namely:-- (a) a Chairperson who shall be an eminent person having adequate knowledge and experience in the conservation and sustainable use of biological diversity and in matters relating to equitable sharing of benefits, to be appointed by the State Government; (b) not more than five ex officiomembers to be appointed by the State Government to represent the concerned Departments of the State Government; (c) not more than five members to be appointed from amongst experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological.....

Biological Diversity Act, 2002 Section 41

Title: Constitution of Biodiversity Management Committees

State: Central

Year: 2002

.....varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity. Explanation.--For the purposes of this sub-section,-- (a) "cultivar" means a variety of plant that has originated and persisted under cultivation or was specifically bred for the purpose of cultivation; (b) "folk variety" means a cultivated variety of plant that was developed, grown and exchanged informally among farmers; (c) "landrace" means primitive cultivar that was grown by ancient farmers and their successors. (2) The National Biodiversity Authority and the State Biodiversity Boards shall consult the Biodiversity Management Committees while taking any decision relating to the use of biological resources and knowledge associated with such resources occurring within the territorial jurisdiction of the Biodiversity Management Committee. (3) The Biodiversity Management Committees may levy charges by way of collection fees from any person for accessing or collecting any biological resource for commercial purposes from areas falling within its territorial jurisdiction.