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Start Free TrialBiological Diversity Act, 2002 Section 38
Title: Power of Central Government to Notify Threatened Species
State: Central
Year: 2002
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.
View Complete Act List Judgments citing this sectionBiological Diversity Act, 2002 Complete Act
State: Central
Year: 2002
.....of any Panchayats or Municipalities, institutions of self-Government constituted under any other provision of the Constitution or any Central Act or State Act; (i) "member" means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson; (j) "National Biodiversity Authority" means the National Biodiversity Authority established under Sec. 8; (k) "prescribed" means prescribed by rules made under this Act; (l) "regulations" means regulations made under this Act; (m) "research" means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use; (n) "State Biodiversity Board" means the State Biodiversity Board established under Sec. 22; (o) "sustainable use" means the use of components of biological diversity in such manner and at such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations; (p) "value added products" means products which may contain.....
List Judgments citing this sectionBiological 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.....
View Complete Act List Judgments citing this sectionBiological 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.....
View Complete Act List Judgments citing this sectionBiological Diversity Act, 2002 Section 2
Title: Definitions
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.....
View Complete Act List Judgments citing this sectionBiological 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.....
View Complete Act List Judgments citing this sectionBiological 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.....
View Complete Act List Judgments citing this sectionBiological Diversity Act, 2002 Section 13
Title: 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 but shall not have the right to vote. (4) The persons appointed as members of the committee under sub-section (2) shall be entitled to receive such allowances or fees for attending the meetings of the committee as may be fixed by the Central Government.
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 4
Title: Amendment of Section 3
State: Central
Year: 2002
.....shall be added, namely :-- "(j) plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals ; (k) a mathematical or business method or a computer program per se or algorithms; (l) a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions; (m) a mere scheme or rule or method of performing mental act or method of playing game; (n) a presentation of information; (o) topography of integrated circuits : (p) an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.".
View Complete Act List Judgments citing this sectionBiological Diversity Act, 2002 Complete Act
Title: Biological Diversity Act, 2002
State: Central
Year: 2002
.....Biodiversity Authority Section4 - Results of research not to be transferred to certain persons without approval of National Biodiversity Authority Section5 - Sections 3 and 4 not to apply to certain collaborative research projects Section6 - Application for intellectual property rights not to be made without approval of National Biodiversity Authority Section7 - Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes Chapter 3 Section8 - Establishment of National Biodiversity Authority Section9 - Conditions of service of Chairperson and members Section10 - Chairperson to be Chief Executive of National Biodiversity Authority Section11 - Removal of members Section12 - Meetings of National Biodiversity Authority Section13 - Committees of National Biodiversity Authority Section14 - Officers and employees of National Biodiversity Authority Section15 - Authentication of orders and decisions of National Biodiversity Authority Section16 - Delegation of powers Section17 - Expenses and powers of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India Chapter 4 Section18 - Functions and powers of.....
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