Biological Diversity Act, 2002

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Biological Diversity Act, 2002
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Parliament of India
  • 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.
Citation Act No. 18 of 2003
Enacted by Parliament of India
Assented to5 February 2003
Commenced1 October 2003 and 1 July 2004 [1] [2]
Status: In force

The Biological Diversity Act, 2002 is an Act by the Parliament of India for the preservation of biological diversity in India, and provides the mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The Act was enacted to meet the obligations under the Convention on Biological Diversity, because India is a signatory to the treaty.

Contents

History

The Act was enacted to meet the obligations under Convention on Biological Diversity, of which India was a part in 2002. [3] [4]

Biodiversity and Biological Resource

Biodiversity has been defined under Section 2(b) of the Act as "the variability among living organisms from all sources and the ecological complexes of which they are part, and includes diversity within species or between species and of eco-systems". The Act also defines, Biological resources as "plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material." [5]

National Biodiversity Authority and State Biodiversity Boards

The National Biodiversity Authority (NBA) is a statutory autonomous body, headquartered in Chennai, under the Ministry of Environment and Forests, Government of India established in 2003 to implement the provisions under the Act. State Biodiversity Boards (SBB) has been created in 28 States along with 31,574 Biological management committees (for each local body) across India.

Functions

Regulations

A foreigner, non-resident Indian, as defined in the clause (30) of section 2 of The Income-tax Act, 1961, or a foreign company or body corporate need to take permission from the NBA before obtaining any biological resources or associated knowledge from India for research, survey, commercial utilisation. [7] Indian citizens or body corporates need to take permission from the concerned State Biodiversity Board. [8]

Result of research using biological resources from India cannot be transferred to a non-citizen or a foreign company without the permission of NBA. However, no such permission is needed for publication of the research in a journal or seminar, or in case of a collaborative research made by institutions approved by Central Government. [9] The NBA while granting such permission may make an order for benefit sharing or royalty based on utilisation of such protection. [10]

Benefit sharing

Benefit sharing out of usage of biological resources can be done in following manner:

Penalties

If a person, violates the regulatory provisions he/she will be "punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees and where the damage caused exceeds ten lakh rupees, fine may commensurate {be in proportion} with the damage caused, or with both." [10]

Any offence under this Act is non-bailable and is cognizable.

See also

Related Research Articles

<span class="mw-page-title-main">Convention on Biological Diversity</span> International treaty on biological diversity

The Convention on Biological Diversity (CBD), known informally as the Biodiversity Convention, is a multilateral treaty. The Convention has three main goals: the conservation of biological diversity ; the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources. Its objective is to develop national strategies for the conservation and sustainable use of biological diversity, and it is often seen as the key document regarding sustainable development.

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<span class="mw-page-title-main">Biodiversity</span> Variety and variability of life forms

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<span class="mw-page-title-main">Forestry</span> Science and craft of managing woodlands

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<span class="mw-page-title-main">Nagoya Protocol</span> Global treaty on biological diversity

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, also known as the Nagoya Protocol on Access and Benefit Sharing (ABS), is a 2010 supplementary agreement to the 1992 Convention on Biological Diversity (CBD). Its aim is the implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. It sets out obligations for its contracting parties to take measures in relation to access to genetic resources, benefit-sharing and compliance.

<span class="mw-page-title-main">National Biodiversity Authority</span>

The National Biodiversity Authority (NBA) is a statutory autonomous body under the Ministry of Environment, Forests and Climate Change, Government of India established in 2003 to implement the provisions under the Biological Diversity Act, 2002, after India signed Convention on Biological Diversity (CBD) in 1992.

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References

  1. "S.O.753(E), [01/07/2004]- Coming into force of sections of the Biodiversity Act, 2002". Ministry of Environment and Forest. Archived from the original on 8 April 2012. Retrieved 24 April 2013.
  2. "S.O.1146 (E)- Bringing into force Sections 1 and 2; Sections 8 to 17; Sections 48,54,59,62,63,64 and 65 w.e.f. 1st October, 2003". Ministry of Environment and Forest. Archived from the original on 8 April 2012. Retrieved 24 April 2013.
  3. "Environmental legislation", The Statesman , 19 January 2017
  4. "Biological Diversity Act 2002 and establishment of National Biodiversity Authority, Chennai", Ministry of Environment and Forests , archived from the original on 30 March 2013, retrieved 24 April 2013
  5. Section 2(c) of Biological Diversity Act, 2002
  6. Section 18 of Biological Diversity Act, 2002
  7. Section 3 of Biological Diversity Act, 2002
  8. Section 7 of Biological Diversity Act, 2002
  9. Section 4&5 of Biological Diversity Act, 2002
  10. 1 2 Section 6 of Biological Diversity Act, 2002
  11. Section 21(2) of Biological Diversity Act, 2002