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The Biological Diversity Act, 2002

Contents

 

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

Chapter II

Regulation of Access to Biological Diversity

3

Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority

4

Results of research not to be transferred to certain persons without approval of National Biodiversity Authority

5

Sections 3 and 4 not to apply to certain collaborative research projects

6

Application for intellectual property rights not to be made without approval of National Biodiversity Authority

7

Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes

Chapter III

National Biodiversity Authority

8

Establishment of National Biodiversity Authority

9

Conditions of service of Chairperson and members

10

Chairperson to be Chief Executive of National Biodiversity Authority

11

Removal of members

12

Meetings of National Biodiversity Authority

13

Committees of National Biodiversity Authority

14

Officers and employees of National Biodiversity Authority

15

Authentication of orders and decisions of National Biodiversity Authority

16

Delegation of powers

17

Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India

Chapter IV

Functions and Powers of the National Biodiversity Authority

18

Functions and powers of National Biodiversity Authority

Chapter V

Approval by the National Biodiversity Authority

19

Approval by National Biodiversity Authority for undertaking certain activities

20

Transfer of biological resource or knowledge

21

Determination of equitable benefit sharing by National Biodiversity Authority

Chapter VI

State Biodiversity Board

22

Establishment of State Biodiversity Board

23

Functions of State Biodiversity Board

24

Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc.

25

Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board

Chapter VII

Finance, Accounts and Audit of National Biodiversity Authority

26

Grants or loans by the Central Government

27

Constitution of National Biodiversity Fund

28

Annual report of National Biodiversity Authority

29

Budget, accounts and audit

30

Annual report to be laid before Parliament

Chapter VIII

Finance, Accounts and Audit of State Biodiversity Board

31

Grants of money by State Government to State Biodiversity Board

32

Constitution of State Biodiversity Fund

33

Annual report of State Biodiversity Board

34

Audit of accounts of State Biodiversity Board

35

Annual report of State Biodiversity Board to be laid before State Legislature

Chapter IX

Duties of the Central and the State Governments

36

Central Government to develop National strategies, plans, etc., for conservation, etc., of biological diversity

37

Biodiversity heritage sites

38

Power of Central Government to notify threatened species

39

Power of Central Government to designate repositories

40

Power of Central Government to exempt certain biological resources

Chapter X

Biodiversity Management Committees

41

Constitution of Biodiversity Management Committees

Chapter XI

Local Biodiversity Fund

42

Grants to Local Biodiversity Fund

43

Constitution of Local Biodiversity Fund

44

Application of Local Biodiversity Fund

45

Annual report of Biodiversity Management Committees

46

Audit of accounts of Biodiversity Management Committees

47

Annual report, etc., of the Biodiversity Management Committee to be submitted to District Magistrate

Chapter XII

Miscellaneous

48

National Biodiversity Authority to be bound by the directions given by Central Government

49

Power of State Government to give directions

50

Settlement of disputes between State Biodiversity Boards

51

Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants

52

Appeal

53

Execution of determination or order

54

Protection of action taken in good faith

55

Penalties

56

Penalty for contravention of directions of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards

57

Offences by companies

58

Offences to be cognizable and non-bailable

59

Act to have effect in addition to other Acts

60

Power of Central Government to give directions to State Government

61

Cognizance of offences

62

Power of Central Government to make rules

63

Power of State Government to make rules

64

Power to make regulations

65

Power to remove difficulties

THE BIOLOGICAL DIVERSITY ACT, 2002 ACT NO. 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 there o. WHEREAS India is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto; AND WHEREAS India is a party to the United Nations Convention on Biological Diversity signed at Rio de Janeiro on the 5th day of June, 1992; AND WHEREAS the said Convention came into force on the 29th December, 1993; AND WHEREAS the said Convention reaffirms the sovereign rights of the States over their biological resources; AND WHEREAS the said Convention has the main objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of genetic resources; AND WHEREAS it is considered necessary to provide for conservation, sustainable utilisation and equitable sharing of the benefits arising out of utilisation of genetic resources and also to give effect to the said Convention. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-



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