The Bological Diversity Act, 2002 (Bare Act)/ Universal Law Publishing

CONTENTS
THE BIOLOGICAL DIVERSITY ACT, 2002
CHAPTER I
PRELIMINARY 1. Short title, extent and commencement . . 2 2. Definitions .
CHAPTER II REGULATION OF ACCESS TO BIOLOGICAL DIVERSITV 3. Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority . . . 4 4. Results of research not to be transferred to certain persons without approval of National Biodiversity Authority . . . 4 5. Sections 3 and 4 not to apply to certain collaborative research projects 5 6. Application for intellectual property rights not to be made wid\out approval of National Biodiversity Authority . . . 5 7. Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes . . ' . 6
CHAPTER in
NATIONAL BIODIVERSrrV AUTHORITY 8. Establishment of National Biodiversity Authority . . . 6 9. Conditions of service of Chairperson and Members . . " 7 10. Chairperson to be Chief Executive of National Biodiversity Authority . 7 11. Removal of members . . . 7 12. Meetings of National Biodiversity Authority . . . • 7 13. Comiiuttees of National Biodiversity Authority . . . 8 14. Officers and employees of National Biodiversity Authority . . . 8 15. Authentication of orders and decisions of National Biodiversity Authority ^ J • ' % 8 16. Delegation of powers . ; ' . 8 17. Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India . . 9
CHAPTER IV FUNCTIONS AND POWERS OF THE NATIONAL BIODIVERSITY AUTHORITY 18. Functioiw and powers of National Biodiversity Authority . . . 9
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Contents Contents
Sections Page
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 Slate 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 Vlli finance, accounts and audit of state biodiversity board 31. Grant 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
Ictions

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 Comim 47. Annual report, etc., of the Biodiversity Management o to be submitted to District Magistrate
CHAPTER XII miscellaneous 48. National Biodiversity Authority to be bound by the direcrio given by Central Government 49. Power of State Government to give directions ' 50. Settlement of disputes between State Biodiversity a 51. Members, officers, etc., of National State Biodiversity Board deemed to be public i 52. Appeal 53. Execution of determination or order 54. Protection of action taken in good faith 55. Penalties , f 56. Penalty for contravention of directions Central Government, State Govemm^t, a onards Biodiversity Authority and State Biodiversity 57. Offences by companies 58. Offences to be cognizable and non-bailable 59. Act to have effect in addition to other Acts Government 60. Power of Central Government to give direc 61. Cognizance of offences 62. Power of Central Government to make ru . 63. Power of State Government to make rules 64. Power to make regulations
65. Power to remove difficulties the biological diversity rules, 2004 Rules ■ ■ 1. Short title and commencement . •' .
3. Manner of selection and appointment of the Chairperson
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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 Corrunittee to be submitted to District Magistrate
CHAPTER Xn
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 or orders 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 RULES, 2004
Rules
1. Short title and commencement
2. Definitions
3. Manner of selection and appointment of the Chairperson .
tin ,fl

IV Contents
Rules
4. Term of office of the Chairperson 5. Pay and allowances of Chairperson
6. Term of office and allowances of non-official members 7. Filling up of vacancies of non-official members 8. Removal of the members of the Authority 9. Secretary of the Authority 10. Meetings of the Authority 11. Appointment of Expert Committee by the Authority and their entitlements
12. General functions of the Authority 13. Powers and duties of Chairperson 14. Procedure for access to biological resources and associated traditional knowledge 15. Revocation of access or approval 16. Restriction on activities related to access to biological resources 17. Procedure for seeking approval for transferring results of research 18. Procedure for seeking prior approval before applying for intellectual property protection 19. Procedure for third party transfer under sub-section (2) of section 20 20. Criteria for equitable benefit sharing (section 21) 21. Application of National Bio-diversity Fund 22. Constitution of Bio-diversity Management Committees 23. Appeal for settlement of disputes under section 50 24. Manner of giving notice under section 61 SCHEDULE . . . , j form I. Application form for access to biological resources and associated traditional knowledge ' ' . * . FORM II.— Application for seeking prior approval of National Bio-diversity Authority for transferring the results of research to foreign nationals, companies, NRI's, for commercial purposes FORM in.— Application for seeking prior approval of National Bio-diversity Authority for applying for Intellectual Property Right ■ * ' form IV.-Application form for seeking approval of National Bio-diversity Authority for third party transfer of the accessed Biological resources and associated traditional knowledge . FORM V.— Form of Memorandum of Appeal ■ • form VI.—[Notice for hearing ofappeal—See rule 23(6)] form VII.—Form of Notice
UNITED NATIONS CONVENTION ON BIOLOGICAL DIVERSITY JOHANNESBURG DECLARATION ON SUSTAINABLE
OTHER COUNTRIES
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THE BIOLOGICAL DIVERSITY ACT, 2002 INTRODUCTION
To provide for conservation of Biological of components and fair and equitable sharing of^e bene United Nations of biological resources and knowledge, a Convention, th Convention on Biological Diversity was held at ^o de ]^ reaZned. the sovereign rights of the States over theu biologi p-pgcary to give effect India being signatory to the said Convention introduced to the said Convention. Accordingly the Biological Diversity Bill was in the Parliament.
ACT 18 OF 2003 hnth the Houses of The Biological Diversity Bill having been passed Y 2003. It came I Parliament received the assent of the ° a(^ 2002 (18 of ^003).