113.193.207.162: /* Biological Diversity Act, 2002 */ Fixed grammar

2021-04-11T12:48:16Z

Biological Diversity Act, 2002: Fixed grammar

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{{Use dmy dates|date=May 2020}}
{{Use Indian English|date=September 2013}}
{{Infobox legislation
| short_title = Biological Diversity Act, 2002
| imagesize = 100
| long_title = 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 = [http://envfor.nic.in/divisions/biodiv/act/bio_div_act_2002.pdf Act No. 18 of 2003]
| enacted_by = [[Parliament of India]]
| date_assented = 5 February 2003
| date_commenced = 1 October 2003 and 1 July 2004<ref>{{cite web|title=S.O.753(E), [01/07/2004]- Coming into force of sections of the Biodiversity Act, 2002.|url=http://www.moef.nic.in/divisions/biodiv/so753e.htm|publisher=Ministry of Environment and Forest|access-date=24 April 2013|url-status=dead|archive-url=https://web.archive.org/web/20120408161510/http://www.moef.nic.in/divisions/biodiv/so753e.htm|archive-date=8 April 2012|df=dmy-all}}</ref><ref>{{cite web|title=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.|url=http://moef.nic.in/divisions/biodiv/act/so-1146(e).html|publisher=Ministry of Environment and Forest|access-date=24 April 2013|url-status=dead|archive-url=https://web.archive.org/web/20120408161427/http://moef.nic.in/divisions/biodiv/act/so-1146%28e%29.html|archive-date=8 April 2012|df=dmy-all}}</ref>
| status = In Force
}}

The '''Biological Diversity Act, 2002''' is an [[Act of Parliament|Act]] enacted by the [[Parliament of India]] for the preservation of [[biological diversity]] in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and [[Traditional knowledge|knowledge]]. The Act was enacted to meet the obligations under the [[Convention on Biological Diversity]] (CBD), because India is a party of the convention {meeting}.

==History==
The Act was enacted to meet the obligations under [[Convention on Biological Diversity]] (CBD), to which India is a part in 2002.<ref>{{citation |title=Environmental legislation |url=http://www.thestatesman.com/features/environmental-legislation-1484784315.html |work=[[The Statesman (India)|The Statesman]] |date=19 January 2017 }}</ref><ref name=min>{{citation |title=Biological Diversity Act 2002 and establishment of National Biodiversity Authority, Chennai |url=http://www.moef.nic.in/divisions/csurv/nba_act.htm |work=[[Ministry of Environment and Forests]] |access-date=24 April 2013 |archive-url=https://web.archive.org/web/20130330221923/http://www.moef.nic.in/divisions/csurv/nba_act.htm |archive-date=30 March 2013 |url-status=dead }}</ref>

==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 [[habitat|ecological complexes]] of which they are part, and includes diversity within species or between species and of [[eco-system]]s". The Act also defines, Biological resources as "plants, animals and [[micro-organism]]s 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."<ref>Section 2(c) of Biological Diversity Act, 2002</ref>

==National Biodiversity Authority and State Biodiversity Boards==
{{Main|National Biodiversity Authority}}

The National Biodiversity Authority (NBA) is a statutory autonomous body, headquartered in [[Chennai]], under the [[Ministry of Environment and Forests (India)|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 29 States along with 31,574 Biological management committees (for each local body) across India.

===Functions===
* Regulation of acts prohibited under the Act
* Advise the Government on conservation of biodiversity
* Advise the Government on selection of biological heritage sites
* Take appropriate steps to oppose grant of intellectual property rights in foreign countries, arising from the use of biological resources or associated traditional knowledge.<ref>Section 18 of Biological Diversity Act, 2002</ref>

==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.<ref>Section 3 of Biological Diversity Act, 2002</ref> Indian citizens or body corporates need to take permission from the concerned State Biodiversity Board.<ref>Section 7 of Biological Diversity Act, 2002</ref>

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.<ref>Section 4&5 of Biological Diversity Act, 2002</ref>

No person should apply for patent or other form of [[intellectual property]] protection based on the research arising out of biological resources without the permission of the NBA. The NBA while granting such permission may make an order for benefit sharing or royalty based on utilisation of such protection.<ref name="ReferenceA">Section 6 of Biological Diversity Act, 2002</ref>

==Benefit sharing==
Benefit sharing out of usage of biological resources can be done in following manner:
*Joint ownership of intellectual property rights 2 3 4
*Transfer of technology
*Location of production, research development units in the area of source
*Payment of monetary and non-monetary compensation
*Setting up of venture capital fund for aiding the cause of benefit claimers<ref>Section 21(2) of Biological Diversity Act, 2002</ref>

==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."<ref name="ReferenceA"/>

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

==See also==
* [[List of Biodiversity Heritage Sites of India]]
* [[Traditional Knowledge Digital Library]]
* [[Indigenous intellectual property]]
* [[Convention on Biological Diversity]]
* [[Bioprospecting]]
* [[Protection of Plant Varieties and Farmers' Rights Act, 2001]]

==References==
{{reflist}}

==External links==
*[https://web.archive.org/web/20111030184228/http://envfor.nic.in/divisions/biodiv/act/bio_div_act_2002.pdf Biological Diversity Act, 2002]
*[http://nbaindia.org/ National Biodiversity Authority]

{{Indian legislations}}

[[Category:Acts of the Parliament of India 2002]]
[[Category:2002 in the environment]]
[[Category:Environmental law in India]]
[[Category:Indian intellectual property law]]
[[Category:Traditional knowledge]]
[[Category:Biodiversity]]
[[Category:Convention on Biological Diversity]]

Biological Diversity Act, 2002 - Revision history

113.193.207.162: /* Biological Diversity Act, 2002 */ Fixed grammar