Citation Act No. 18 of 2003 Date assented to 5 February 2003 | ||
Date commenced 1 October 2003 and 1 July 2004 | ||
The Biological Diversity Act, 2002 is an Act of the Parliament of India for preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge. The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party.
Contents
History
The Act was enacted to meet the obligations under Convention on Biological Diversity (CBD), to which India is a party.
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 ecological complexes of which they are part, and includes diversity within species or between species and of eco-systems". The Act also defines, Biological resources as "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."
National Biodiversity Authority and State Biodiversity Boards
The National Biodiversity Authority (NBA)is a statutory autonomous body, headquartered in Chennai, under the 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 28 States along with 31,574 Biological management committees (for each local body) across India.
Functions
Regulations
A foreigner, non-resident Indian as defined in 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. Indian citizens or body corporates need to take permission from the concerned State Biodiversity Board.
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.
No person should apply for patent or other form of intellectual property protection based on the research arising out of biological resources with out 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.
Benefit sharing
Benefit sharing out of usage of biological resources can be done in following manner:
Penalties
If a person, violates the regulatory provisions he 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 such fine may commensurate with the damage caused, or with both."
Any offence under this Act is non-bailable and cognizable.