biological diversity act, 2002 summary

By November 7, 2020Uncategorized

The dilemma of existing users in Overexploited and other notified areas | Environment and Waste Management, Ground Water Clearances for existing users in Overexploited, Critical and Semi-critical areas and the need to establish a Pan India process and define the responsibilities of the CGWA and the State Authorities, both empowered under separate laws, to grant such clearances. The functions of the State Biodiversity Board shall be to–. Everything you need to know before adopting, Marriage between a Hindu boy and a Muslim girl, Marriage between Hindu girl and Muslim boy, How to get legal heir succession certificate, All you need to know about Child Adoption laws in India, Know your custodial rights for your child. //-->. (3) The procedure for disposing of an appeal shall be such as may be prescribed by the Central Government: Provided that before disposing of an appeal, the parties shall be given a reasonable opportunity of, being heard. (2) Where the Central Government has reason to believe that any area rich in biological diversity, biological resources and their habitats is being threatened by overuse, abuse or neglect, it shall issue directives to the concerned State Government to take immediate ameliorative measures, offering such State Government any technical and other assistance that is possible to be provided or needed. (1) Subject to the provisions of sub-section (2), the management and the custody of the Local Biodiversity Fund and the purposes for which such Fund shall be applied, be in the manner as may be prescribed by the State Government. Section 376B Indian Penal Code 1860 (IPC) || Sexual intercourse by husband upon his wife during separation. 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. 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 thereto. (1) Where an offence or contravention under this Act has been committed by a company, every person who at the time the offence or contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention. (2) The repositories shall keep in safe custody the biological material including voucher specimens deposited with them. 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 utilization of genetic resources; AND WHEREAS it is considered necessary to provide for conservation, sustainable utilization and equitable sharing of the benefits arising out of utilization of genetic resources and also to give effect to the said Convention. (4) The National Biodiversity Authority shall give public notice of every approval granted by it under this section. (a) “benefit claimers” means the conservers of biological resources, their byproducts, creators and holders of knowledge and information relating to the use of such biological resources, innovations and practices associated with such use and application; (b) “biological diversity” means 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; (c) “biological resources” means 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; (d) “bio-survey and bio-utilization” means survey or collection of species, subspecies, genes, components and extracts of biological resource for any purpose and includes characterization, inventorisation and bioassay; (e) “Chairperson” means the Chairperson of the National Biodiversity Authority or, as the case may be, of the State Biodiversity Board; (f) “commercial utilization” means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional reeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping; (g) “fair and equitable benefit sharing” means sharing of benefits as determined by the National Biodiversity Authority under section 2 1; (h) “local bodies” means Panchayats and Municipalities, by whatever name called, within the meaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of self-government constituted under any other provision of the Constitution or any Central Act or State Act; (i) “member” means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson; (j) “National Biodiversity Authority” means the National Biodiversity Authority established under section 8; (k) “prescribed” means prescribed by rules made 1 under this Act; (l) “regulations” means regulations made under this Act; (m) “research” means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use; (n) “State Biodiversity Board” means the State Biodiversity Board established under section 22; (o) “sustainable use” means the use of components of biological diversity in such manner and at such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations; (p) “value added products” means products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form. (3) The National Biodiversity Authority may.

The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party. No. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be established by the Central Government for the purposes of this Act, a body to be called the National Biodiversity Authority.

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