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Legislative, Administrative or Policy Measure
(MSR)
last updated: 19 Sep 2014
The Biological Diversity Act, 2002
- 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.
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The Act regulates the access to biological resources occurring in, or obtained from, India and knowledge associated thereto for research or for commercial utilization or for bio-survey and bio-utilization.
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It also regulates transferring the results of any research relating to biological resource, transferring any biological resource and/ or associated knowledge to a third party, and any person seeking Intellectual Property Rights in or outside India by granting prior approval.
The Act regulates the access to biological resources occurring in, or obtained from, India and knowledge associated thereto for research or for commercial utilization or for bio-survey and bio-utilization.
It also regulates transferring the results of any research relating to biological resource, transferring any biological resource and/ or associated knowledge to a third party, and any person seeking Intellectual Property Rights in or outside India by granting prior approval.
National / Federal
Legally binding
05 Feb 2003
Law
No
- Biological_Diversity_Act_2002.pdf [ English ]
EN
Competent National Authority:National Biodiversity Authority ()5th Floor, TICEL Biopark, CSIR Road, TaramaniChennai, Tamilnadu
600 113, IndiaPhone: +91 44 2254 2777,Fax: +91 44 2254 1200,Website: http://www.nbaindia.org,
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ABSCH-MSR-IN-282755-1 Legislative, Administrative or Policy Measure The Biological Diversity (Amendment) Act, 2023.
1. The Act is implemented through a three tier system, National Biodiversity Authority at national/Federal level; State Biodiversity Boards at state/sub national/provincial level and Biodiversity Management Committee at local / community level.
2. Section 37 empowers the State (provincial/ sub-National) Government to notify areas of biodiversity importance as Biodiversity Heritage Sites.
3. Section 38 empowers the Central Government (Federal / National) to notify any species which is on the verge of extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate collection thereof and take appropriate steps to rehabilitate and preserve those species.
4. The Central Government (Federal / National) shall designate institutions as repositories to keep in safe custody the biological resources, including voucher specimen, new taxon discovered, deposited with them by the applicant (user), as per Section 39 of the Act.
5. Section 40 empowers the Central Government (Federal / National) to declare that the provisions of the Act shall not apply to certain biological resources, provided they are traded as commodities.
6. The NBA may take necessary measures to oppose the grant of IP rights in any country outside India on any biological resource obtained from India or knowledge associated thereto with such biological resource, which is derived from India, in an illegal manner.
7. The Biodiversity Management Committees constituted at the local level (Community) under Section 41 of the Act shall document the biological resources and knowledge relating thereto, in the form of People's Biodiversity Register.
8. The offence under this Act is cognizable and non-bailable under Section 58 of the Act.
| Record type | Field | Record(s) | |
|---|---|---|---|
| Legislative, Administrative or Policy Measure | List of amended measures | 1 | |
| Legislative, Administrative or Policy Measure | Relationship with other measures | 24 | |
