Skip to main content

Biodiversity act 2002

 The Biodiversity act 2002

The Biological Diversity Act, 2002 was born out of India’s attempt to realize the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources.

Biodiversity:

Biodiversity 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 ecosystems.


Biological Resources:

The 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.


The Biological Diversity Act, 2002:

The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use, and enabling fair and equitable sharing benefits arising out of the use and knowledge of biological resources with the local communities.


Salient Features of the Act:

The Act prohibits the following activities without the prior approval from the National Biodiversity Authority:

Any person or organization (either based in India or not) obtaining any biological resource occurring in India for its research or commercial utilization.

The transfer of the results of any research relating to any biological resources occurring in, or obtained from, India.

The claim of any intellectual property rights on any invention based on the research made on the biological resources obtained from India.

 

The act envisaged a three-tier structure to regulate the access to biological resources:

The National Biodiversity Authority (NBA)

The State Biodiversity Boards (SBBs)

The Biodiversity Management Committees (BMCs) (at the local level)

 

The Act provides these authorities with special funds and a separate budget in order to carry out any research project dealing with the biological natural resources of the country:

It shall supervise any use of biological resources and the sustainable use of them and shall take control over the financial investments and their return and dispose of those capitals as correct.

 

Under this act, the Central Government in consultation with the NBA:

Shall notify threatened species and prohibit or regulate their collection, rehabilitation, and conservation

Designate institutions as repositories for different categories of biological resources

 

The act stipulates all offences under it as cognizable and non-bailable.

 

Any grievances related to the determination of benefit sharing or order of the National Biodiversity Authority or a State Biodiversity Board under this Act shall be taken to the National Green Tribunal (NGT).

 

The other laws that NGT deals with, include:

The Water (Prevention and Control of Pollution) Act, 1974,

The Water (Prevention and Control of Pollution) Cess Act, 1977,

The Forest (Conservation) Act, 1980,

The Air (Prevention and Control of Pollution) Act, 1981,

The Environment (Protection) Act, 1986,

The Public Liability Insurance Act, 1991


Exemptions from the Act

The Act excludes Indian biological resources that are normally traded as commodities.

Such exemption holds only so far the biological resources are used as commodities and for no other purpose.

 

The act also excludes traditional uses of Indian biological resources and associated knowledge and when they are used in collaborative research projects between Indian and foreign institutions with the approval of the central government.

 

Uses by cultivators and breeds, e.g. farmers, livestock keepers, and beekeepers and traditional healers e.g. voids and hakims are also exempted.


The National Biodiversity Authority (NBA)

The National Biodiversity Authority (NBA) was established in 2003 by the Central Government to implement India’s Biological Diversity Act (2002).


It is a Statutory body that performs facilitative, regulatory, and advisory functions for the Government of India on the issue of Conservation and sustainable use of biological resources.

Biodiversity  Heritage Sites (BHS):

Under Section 37 of the Biological Diversity Act, 2002 the State Government in consultation with local bodies may notify the areas of biodiversity importance as Biodiversity Heritage Sites.


The Biodiversity Heritage Sites are the well-defined areas that are unique, ecologically fragile ecosystems – terrestrial, coastal, and inland waters and, marine having rich biodiversity comprising of any one or more of the following components:

Richness of wild as well as domesticated species or intra-specific categories

High endemism

Presence of rare and threatened species

Keystone species

Species of evolutionary significance

Wild ancestors of domestic/cultivated species or their varieties

Past preeminence of biological components represented by fossil beds

Having significant cultural, ethical, or aesthetic values; important for the maintenance of cultural diversity (with or without a long history of human association with them)


Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti