The Biological Diversity Act, 2002

(1) This Act may be called the Biological DiversityAct, 2002. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any referencein any such provision to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.

In this Act, unless the context otherwise requires,-- (a) "benefit claimers" means the conservers of biological resources, their by-products, creatorsand 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 theecological complexes of which they are part and includes diversity within species or between speciesand of eco-systems; (c) "biological resources" means plants, animals and micro-organisms or parts thereof, theirgenetic material and by-products (excluding value added products) with actual or potential use orvalue, but does not include human genetic material; (d) "bio-survey and bio-utilisation" means survey or collection of species, subspecies, genes,components and extracts of biological resource for any purpose and includes characterisation,inventorisation and bioassay; (e) "Chairperson" means the Chairperson of the National Biodiversity Authority or, as the casemay be, of the State Biodiversity Board; (f) "commercial utilisation" means end uses of biological resources for commercial utilisationsuch as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins,colours, extracts and genes used for improving crops and livestock through genetic intervention, butdoes not include conventional breeding 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 NationalBiodiversity Authority under section 21; (h) "local bodies" means Panchayats and Municipalities, by what ever name called, within themeaning of clause (1) of article 243B and clause (1) of article 243Q of the Constitution and in theabsence of any Panchayats or Municipalities, institutions of self-government constituted under anyother provision of the Constitution or any Central Act or State Act; (i) "member" means a member of the National Biodiversity Authority or a State BiodiversityBoard and includes the Chairperson; (j) "National Biodiversity Authority" means the National Biodiversity Authority establishedunder section 8; (k) "prescribed" means prescribed by rules made under this Act; (l) "regulations" means regulations made under this Act; (m) "research" means study or systematic investigation of any biological resource ortechnological application, that uses biological systems, living organisms or derivatives thereof tomake 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 atsuch rate that does not lead to the long-term decline of the biological diversity thereby maintaining itspotential 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 andanimals in unrecognizable and physically inseparable form.

(1) No person referred to in sub-section (2) shall, without previous approval ofthe National Biodiversity Authority, obtain any biological resource occurring in India or knowledgeassociated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. (2) The persons who shall be required to take the approval of the National Biodiversity Authorityunder sub-section (1) are the following, namely:-- (a) a person who is not a citizen of India; (b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of theIncome-tax Act, 1961 (43 of 1961); (c) a body corporate, association or organisation-- (i) not incorporated or registered in India; or (ii) incorporated or registered in India under any law for the time being in force which hasany non-Indian participation in its share capital or management.

No person shall, without the previous approval of the National BiodiversityAuthority, transfer the results of any research relating to any biological resources occurring in, orobtained from, India for monetary consideration or otherwise to any person who is not a citizen of Indiaor citizen of India who is non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961(43 of 1961) or a body corporate or organisation which is not registered or incorporated in India or whichhas any non-Indian participation in its share capital or management. Explanation.--For the purposes of this section, "transfer" does not include publication of researchpapers or dissemination of knowledge in any seminar or workshop, if such publication is as per theguidelines issued by the Central Government.

(1) The provisions ofsections 3 and 4 shall not apply to collaborative search projects involving transfer or exchange ofbiological resources or information relating thereto between institutions, including Government sponsoredinstitutions of India, and such institutions in other countries, if such collaborative research projects satisfythe conditions specified in sub-section (3). (2) All collaborative research projects, other than those referred to in sub-section (1) which are basedon agreements concluded before the commencement of this Act and in force shall, to the extent theprovisions of agreement are inconsistent with the provisions of this Act or any guidelines issued underclause (a) of sub-section (3), be void. (3) For the purposes of sub-section (1), collaborative research projects shall-- (a) conform to the policy guidelines issued by the Central Government in this behalf; (b) be approved by the Central Government.