Bare Act Search Results

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 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 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 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.....

Offshore Areas Mineral (Development and Regulation) Act, 2002 Complete Act

State: Central

Year: 2002

.....Notwithstanding anything contained in this Act, the Central Government may" (a) authorise seaward artillery practice under the Seaward Artillery Practice Act. 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic - considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made there under and any reconnaissances permit exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made there under, shall be void. SECTION 06: GRANT OF OPERATING RIGHT The Central Government shall not grant an operating right to any person unless such person" (a) is an Indian national, or a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed : Provided that no production lease for atomic minerals or.....

Biological Diversity Act, 2002 Chapter 5

Title: Approval by the National Biodiversity Authority

State: Central

Year: 2002

.....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. Section 20 - Transfer of biological resource or knowledge (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.....

Offshore Areas Mineral (Development and Regulation) Act, 2002 Chapter II

Title: General Provisions for Acquition of Operating Rights in the Offshore Areas

State: Central

Year: 2002

.....anything contained in this Act, the Central Government may-- (a) authorise seaward artillery practice under the Seaward Artillery Practice Act, 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made thereunder and any reconnaissance permit, exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made thereunder, shall be void. Section 6 - Grant of operating right The Central Government shall not grant an operating right to any person unless such person-- (a) is an Indian national, or a company as defined in section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed: Provided that no production lease for atomic.....

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 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 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.....