Constitution of Biodiversity Management Committee.- (1) Every local body shall constitute a Biodiversity Management Committee within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity. 4. "regulations" established under section 8; k. Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority.- (1) No person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilization or for bio-survey and bio-utilization. improving crops and live tock through genetic intervention, but does not (3) The head office of the National Biodiversity Authority shall be at Chennai and the National Biodiversity Authority may, with the previous approval of the Central Government, establish offices at other places in India. (4) Where any right is granted under law referred to in sub-section (3), the concerned authority granting such right shall endorse a copy of such document granting the right to the National Biodiversity Authority. Functions and powers of National Biodiversity Authority.- (1) It shall be the duty of the National Biodiversity Authority to regulate activities referred to in sections 3, 4 and 6 and by regulations issue guidelines for access to biological resources and for fair and equitable benefit sharing. 52. The Biological Diversity Act, 2002. (2) Without prejudice to the provisions of sub-section (1), the National Biodiversity Authority may constitute such number of committees as it deems fit for the efficient discharge of its duties and performance of its functions under this Act. the National Biodiversity Authority under section 21; h. (2) Every appeal made under sub-section (1) shall be in such form as may be prescribed by the Central Government. 4.3 INDIA, BIOLOGICAL DIVERSITY ACT OF 2002 ... NDA Nature Diversity Act (Norway) NECA Natural Environment Conservation Act (Korea) NGOs Non-Governmental Organizations ... Biodiversity is essential to the functioning of the ecosystems that provide us all with health, wealth, (2) The National Biodiversity Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. Sections 3 and 4 not to apply to certain collaborative research projects.- (1) The provisions of sections 3 and 4 shall not apply to collaborative research projects involving transfer or exchange of biological resources or information relating thereto between institutions, including Government sponsored institutions of India, and such institutions in other countries, if such collaborative research projects satisfy the conditions specified in sub-section (3). Settlement of disputes between State Biodiversity Boards.- (1) If a dispute arises between the National Biodiversity Authority and a State Biodiversity Board, the said Authority or the Board, as the case may be, may prefer an appeal to the Central Government within such time as ma be prescribed. Committees of National Biodiversity Authority.- (1) The National Biodiversity Authority may constitute a committee to deal with agro-biodiversity. 1. (2) The National Biodiversity Authority may, while granting the approval under this section, impose benefit sharing fee or royalty or both or impose conditions including the sharing of financial benefits arising out of the commercial utilization of such rights. (3) The Board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and he sued. claimers" means the conservers of biological resources, their by-products, Offences by companies.- (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. cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for Execution of determination or order.- Every determination of benefit sharing or order made by the National Biodiversity Authority or a State Biodiversity Board under this Act or the order made by the High Court in any appeal against any determination or order of the National Biodiversity Authority or a State Biodiversity Board shall, on a certificate issued by any officer of the National Biodiversity Authority or a State Biodiversity Board or the Registrar of the High Court, as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court. CHAPTER IV: Functions and Powers of the National Biodiversity Authority. "research" "fair of the Constitution and in the absence of any Panchayats or Municipalities, "Chairperson" Explanation.- For the purposes of this sub-section,–. be referred to as, The Biological Diversity Act, 2002 and Biological Diversity Rules, 2004, National Biodiversity Authority (2004), 74 PP. In this Act, unless The Biological Diversity Act, 2002. (2) Any person who intends to apply for a patent or any other form of intellectual property protection whether in India or outside India referred to in sub-section (1) of section 6, may make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority. within species or between species and of eco-systems; c. diversity thereby maintaining its potential to meet the needs and aspirations Penalty for contravention of directions or orders of Central government, State government, National Biodiversity Authority and State Biodiversity Boards.- If any person contravenes any direction given or order made by the Central Government, the State Government, the National Biodiversity Authority or the State Biodiversity Board for which no punishment has been separately provided under this Act, he shall be punished with a fine which may extend to one lakh rupees and in case of a second or subsequent offence, with fine which may extend to two lakh rupees and in the case of continuous contravention with additional fine which may extend to two lakh rupees everyday during which the default continues. (2) Whoever contravenes or attempts to contravene or abets the contravention of the provisions of section 7 or any order made under sub-section (2) of section 24 shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five lakh rupees, or with both.
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