Title : Short Title, Extent and Commencement
State : Central
Year : 2002
1 1. Short title, extent and commencement.-- (1) This Act may be calledthe Biological Diversity Act, 2002. (2) It extends to the wholeof India. (3)It shall come into force on such date as the Central Governmentmay, by notification in the Official Gazette, appoint: Provided that differentdates may be appointed for different provisions of this Act and any referencein any such provision to the commencement of this Act shall be construed as a reference to the coming into forceof that provision. ____________________ 1.Effective from 01.10.2003 View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 2002
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; ..... View Complete Act List Judgments citing this sectionTitle : Establishment of National Biodiversity Authority
State : Central
Year : 2002
1 [8. Establishmentof National Biodiversity Authority.-- (1) Witheffect from such date as the Central Government may, by notification in theOfficial Gazette, appoint, there shall beestablished by the Central Government for the purposes of this Act, a body tobe called the National Biodiversity Authority. (2) TheNational Biodiversity Authorityshall be a body corporate bythe name aforesaid, having perpetual succession and a common seal, with powerto acquire, hold and dispose of property, both movable and immovable, and tocontract, and shall bythe said name sue and be sued. (3) The head office of the National BiodiversityAuthority shall beat Chennai and the National Biodiversity Authority may, with the previousapproval of the Central Government, establish offices at other places in..... View Complete Act List Judgments citing this sectionTitle : Committees of National Biodiversity Authority
State : Central
Year : 2002
(1) The National Biodiversity Authority may constitute a committee to deal with agro-biodiversity. Explanation.--For the purposes of this sub-section, "agro-biodiversity" means biological diversity of agriculture related species and their wild relatives. (2) Without prejudice to the provisions of sub-section (1), the National Biodiversity Authority may constitute such number of committees as it deems fit for the efficient discharge of its duties and performance of its functions under this Act. (3) A committee constituted under this section shall co-opt such number of persons, who are not the members of the National Biodiversity Authority, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings..... View Complete Act List Judgments citing this sectionTitle : Regulation of Access to Biological Diversity
State : Central
Year : 2002
(1) No person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. (2) The persons who shall be required to take the approval of the National Biodiversity Authority under sub-section (1) are the following, namely:-- (a) a person who is not a citizen of India; (b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961 (43 of 1961); (c) a body corporate, association or organisation-- (i) not incorporated or registered in India; or (ii) incorporated or registered in India under any law for the time being in force..... View Complete Act List Judgments citing this sectionTitle : Certain Persons Not to Undertake Biodiversity Related Activities Without Approval of National Biodiversity Authority
State : Central
Year : 2002
(1) No person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. (2) The persons who shall be required to take the approval of the National Biodiversity Authority under sub-section (1) are the following, namely:-- (a) a person who is not a citizen of India; (b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961 (43 of 1961); (c) a body corporate, association or organisation-- (i) not incorporated or registered in India; or (ii) incorporated or registered in India under any law for the time being in force..... View Complete Act List Judgments citing this sectionTitle : Results of Research Not to Be Transferred to Certain Persons Without Approval of National Biodiversity Authority
State : Central
Year : 2002
No person shall, without the previous approval of the National Biodiversity Authority, transfer the results of any research relating to any biological resources occurring in, or obtained from, India for monetary consideration or otherwise to any person who is not a citizen of India or citizen of India who is non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961(43 of 1961) or a body corporate or organisation which is not registered or incorporated in India or which has any non-Indian participation in its share capital or management. Explanation.--For the purposes of this section, "transfer" does not include publication of research papers or dissemination of knowledge in any seminar or workshop, if such publication is as per the guidelines issued by the..... View Complete Act List Judgments citing this sectionTitle : Sections 3 and 4 Not to Apply to Certain Collaborative Research Projects
State : Central
Year : 2002
(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..... View Complete Act List Judgments citing this sectionTitle : Application for Intellectual Property Rights Not to Be Made Without Approval of National Biodiversity Authority
State : Central
Year : 2002
(1) No person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or information on a biological resource obtained from India without obtaining the previous approval of the National Biodiversity Authority before making such application: Provided that if a person applies for a patent, permission of the National Biodiversity Authority may be obtained after the acceptance of the patent but before the sealing of the patent by the patent authority concerned: Provided further that the National Biodiversity Authority shall dispose of the application for permission made to it within a period of ninety days from the date of receipt thereof. (2) The National Biodiversity Authority may, while granting the..... View Complete Act List Judgments citing this sectionTitle : 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. View Complete Act List Judgments citing this section