CHAPTER - I
2. Definitions
In this Act, unless the context
otherwise requires,–
(a) "benefit
claimers" means the conservers of biological resources, their byproducts,
creators and 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 the ecological complexes of which they are part, and includes diversity
within species or between species and of eco‑systems;
(c) "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;
(d) "bio‑survey and bio‑utilization" means
survey or collection of species, subspecies, genes, components and extracts of
biological resource for any purpose and includes characterization, inventorisation and bioassay;
(e) "Chairperson"
means the Chairperson of the National Biodiversity Authority or, as the case
may be, of the State Biodiversity Board;
(f) "commercial
utilization" means end uses of biological resources for commercial
utilization such as drugs, industrial enzymes, food flavours,
fragrance, cosmetics, emulsifiers, oleoresins, colours,
extracts and genes used for improving crops and livestock through genetic
intervention, but does 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 National Biodiversity Authority under section 2
1;
(h) "local
bodies" means Panchayats and Municipalities, by
whatever name called, within the meaning of clause (1) of article 243B and
clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of self‑government
constituted under any other provision of the Constitution or any Central Act or
State Act;
(i) "member" means a member of the National Biodiversity
Authority or a State Biodiversity Board and includes the Chairperson;
(j) "National
Biodiversity Authority" means the National Biodiversity Authority
established under section 8;
(k) "prescribed" means prescribed by rules made 1 under this
Act;
(l) "regulations" means regulations made under this Act;
(m) "research"
means study or systematic investigation of any biological resource or
technological application, that uses biological systems, living organisms or
derivatives thereof to make 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 at such rate that does not lead to the long‑term decline of the
biological diversity thereby maintaining its potential 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 and animals in unrecognizable and physically
inseparable form.