biological diversity act, 2002 insights

The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the National Biodiversity Authority by way of grants or loans such sums of money as the Central Government may think fit for being utilized for the purposes of this Act. (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, 196 1; (c) a body corporate, association or organization-, (i) not incorporated or registered in India; or. © 1985-2020, Lakshmikumaran & Sridharan, All Rights Reserved. (1) There shall be constituted a Fund to be called the State Biodiversity Fund and there shall be credited thereto-. (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. Section 3 in THE BIOLOGICAL DIVERSITY ACT, 2002. (b) “director”, in relation to a firm, means a partner in the firm. No. (7) Every proceeding before the National Biodiversity Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for thepurpose of section 196, of the Indian Penal Code and the National Biodiversity Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXV1 of the Code of Criminal Procedure, 1973. Section 2(f) of Biodiversity Act, 2002: “commercial utilization” means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping; http://nbaindia.org/uploaded/pdf/Guidelines_for_Processing_ABSapplications_SBBs.pdf, http://nbaindia.org/uploaded/pdf/Decision%20of%2048th_Authority.pdf, http://nbaindia.org/uploaded/pdf/Decision%20of%2049th_Authority.pdf. (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. These approvals are required for the following activities: However, it is to be noted that before passing any such order/decision, the NBA shall take into consideration scientific evidence of damage that might have been caused. case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (a) conform to the policy guidelines issued by the Central Government in this behalf; (b) be approved by the Central Government. Biological diversity is a national asset of a country; hence the conservation of biodiversity assumes greater significance. The salaries and allowances payable to the members and the administrative expenses of the National Biodiversity Authority including salaries, allowances and pension payable to, or in respect of, the officers and other employees of the National Biodiversity Authority shall be defrayed out of the Consolidated Fund of India. As of 2012, State Biodiversity Boards (SBB) have been created in 26 States along with 32,918 Biological Management Committees across India. (2) Notwithstanding anything contained in this section, no State Biodiversity Board shall be constituted for a Union territory and in relation to a Union territory, the National Biodiversity Authority shall exercise the powers and perform the functions of a State Biodiversity Board for that Union territory: Provided 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. The State Government shall cause the annual report and auditor’s report to be laid, as soon as may be after they are received, before the House of State Legislature. (1) There shall be constituted a Fund to be called the Local Biodiversity Fund at every area notified by the State Government where any institution of self-government is functioning and there shall be credited thereto-. (6) No act or proceeding of the National Biodiversity Authority shall be invalidated merely by reason of-, (a) any vacancy in, or any defect in the constitution of, the National Biodiversity Authority; or, (b) any defect in the appointment of a person acting as a member; or. (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. (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. A portion of the significant elements of these specialists are – 4) The Central Government shall undertake measures,-. Insights. The Central Government may remove from the National Biodiversity Authority any member who, in its opinion, has-, (b) been convicted of an offence which involves moral turpitude; or, (c) become physically or mentally incapable of acting as a member; or, (d) so abused his position as to render his continuance in office detrimental to the public interest; or. (4) The National Biodiversity Authority may, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India. 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. (a) any grants and loans made under section 42; (c) any grants or loans made by the State Biodiversity Boards; (d) fees referred to in sub-section (3) of section 41 received by the Biodiversity Management Committees; (e) all sums received by the Local Biodiversity Fund from such other sources as may be decided upon by the State Government. The provisions of this Act shall be in addition to, and not in derogation of, the provisions in any other law, for the time being in force, relating to forests or wildlife. The provisions of sections 9 to 17 shall apply to a State Biodiversity Board and shall have effect subject to the following modifications, namely: (a) references to the Central Government shall be construed as references to the State Government; (b) references to the National Biodiversity Authority shall be construed as references to the State Biodiversity Board; Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board. (2) The National Biodiversity Authority may grant approval for undertaking any activity referred to in sections 3, 4 and 6. make in india meets the biological diversity act. The BDA was enacted in 2002 by the Parliament of India to meet the obligations under the “Convention on Biological Diversity” (CBD), to which it is a signatory. (5) While adjudicating any dispute under sub-section (4), the National Biodiversity Authority shall be guided by the principles of natural justice and shall follow such procedure as may be prescribed by the Central Government. (1) If a dispute arises between the National Biodiversity Authority and a State Biodiversity Board, the said Authority or the Board, as the case may be, may prefer an appeal to the Central Government within such time as ma be prescribed. It is seen that the current patent practice at the IPO is to keep issuance of patents in abeyance until NBA approval is provided to the Patent Office.With regard to IPR which includes research, and wherein the ultimate goal is commercial utilization and monetization of the IPR generated, it is of critical importance that there is harmonization among the workings of the NBA, SSBs, the IPO, and interested public and private parties in order to maximize the potential of the various sectors such as biotechnology and pharmaceuticals, while at the same time ensuring that the biological resources of India are not exploited for the profit of a few.The BDA and ‘Make in India’ can truly complement each other to promote organic growth and improvement of the socio-economic status of its people, while at the same time contribute to the collective intellectual capital of the country, and maintain its rich biological diversity for future generations to enjoy. (1) Any citizen of India or a body corporate, organization 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.

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