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Report No. 171

Chapter III

Responsibilities of the Central Government

9. General Measures for conservation and sustainable use.-

(1) The Central Government shall in consultation with the National Authority and keeping in view the particular conditions and capabilities of different regions in the country,

(a) Develop national strategies, plans or programmesforthe consevation and sustainable use of biological diversity and to adapt for this purpose existing strategies, plans or programmes; and

(b) Promote programmes oriented towards the improvement of the methods of production, conservation and distribution of foods with the full utilisation of national and international technical and scientific knowledge which is environmentally and culturally clean and secure and shall also work towards perfecting the present agrarian regime consistent with the objectives of social and economic justice.

(c) Prohibit by order in writing grant of patents or other individual intellectual property rights on cultivated species or substances improved on breeding farms which are used as an alimentary or medicinal base or have a cultural use if such grant constitutes or is likely to constitute a serious threat to the environmental security of crops or animal species or to national integral bio-safety. Provided that the affected party shall be givenanopportunitytomake a representation before the decision is taken by the Central Government. Explanation- The prohibition under this clause shall also apply to exclusive marketing rights which may be available under the Patents Act, 1970.

(d) Determine the manner in which the National Biodiversity Fund shall be utilised;

(e) Determine its response in the matter of grant of intellectual property protection on biological resource and associated knowledge obtained from India whether by any person whether citizen, non-citizen resident or a non-resident and

(f) Take steps for developing natural resource accounting systems and techniques and to conserve representative eco-system such as wetlands, mangroves and coral reefs.

(g) Take steps to promote and encourage understanding of the importance of and the measures required for, the conservation of biologicaldiversityincludingits propagationthrough media and other educational programmes.

(h) Adopt measures to regulate any activity involving the exploration and exploitation of the sea-bed or of its sub-soil or the modification of the configuration of the bottom of the sea in coastal and marine areas.

Biodiversity Bill Back

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