The
Gazette of
EXTRAORDINARY
PART II – Section 3-
Sub-section (i)
PUBLISHED BY AUTHORITY
MINISTRY OF
ENVIRONMENT AND FORESTS
NOTIFICATION
G.S.R. 261 (E) - In exercise of the
powers conferred by section 62 of the Biological Diversity Act , 2002, and in supersession of the National Biodiversity Authority (
salary, Allowances and conditions of service of Chairperson and other Members )
Rules, 2003 except as respect to things
done or omitted to be done before such supersession, the Central Government hereby makes the
following rules namely:-
1.
Short title and commencement
(1)
These rules may be
called the Biological Diversity Rules, 2004.
(2) Thus shall come into force on
2. Definitions
In
these rules, unless the context otherwise requires, -
(a)
“Act” means the Biological Diversity Act
2002 ( 18 of 2003);
(b)
“Authority” means the National
Biodiversity Authority established
under sub-
section (1) of Section 8,
(c)
“Biodiversity
Management Committee” means a Biodiversity Management Committee established by
a local body under sub-section (1) of Section 41;
(d)
“Chairperson” means the chairperson of the
National Biodiversity Authority or as the case may be, of the State Biodiversity
Board.
(e)
“fee” means any fee
stipulated in the Schedule;
(f)
“Form” means form annexed to
these rules;
(g)
“Member” means a member of the National
Biodiversity Authority or a State Biodiversity Board and includes the
chairperson as the case may be;
(h)
“section” means a section of the Act;
(i)
“Secretary” means the
full time Secretary of the Authority.
(j)
words and expressions used
but not defined in these rules and defined in the Act shall have the meaning
respectively assigned to them in the Act.
3. Manner of selection and appointment of
the Chairperson
(1) The Chairperson of the Authority shall be
appointed by the Central Government.
(2) Every appointment of Chairperson under
sub-section (1) shall be made
either on deputation basis
or by selection from outside the Central Government. In case the
appointment is through deputation, the applicant should not be below the rank
of Additional Secretary to the Government of India.
4. Term of Office of the
Chairperson
(1)
The Chairperson of the Authority shall hold the
office for a term of three years’ and shall be eligible for re-appointment,
(2) Provided that no Chairperson shall hold
office as such after he attains the age of sixty five years or his term of
office expires which is earlier.
(3) The Chairperson may resign from his
office by giving at least one month notice in writing to the Central
Government.
5. Pay and Allowances of Chairperson :-
(1)
A Chairperson shall be entitled to a
fixed pay of Rs. 26,000/- per month. In case of retired person is appointed as
Chairperson, his pay shall be fixed in accordance with the
orders of the Central Government as applicable to such persons. .
(2)
A
Chairperson shall be entitled to such allowances, leave, pension, provident
fund, house and other perquisites etc. to be decided by the Central Government from time to
time.
6. Term of Office and
Allowances of non-official Members. -
(1)
Every
non-official member of the Authority shall hold his office for a term not exceeding three
years at a time from the date of publication of his appointment in the official
Gazette.
(2)
Every
non-official member attending the meeting of the Authority shall be entitled to sitting allowance, travelling expenses, daily allowance and such other
allowances as are applicable to
non-official member of commissions and committees of the Central
Government attending the meeting (s) of
such Commissions or Committees.
7. Filling up of vacancies of non-official
members
(1) A
non-official member of the Authority may resign his office at any time by
giving in writing under his hand addressed to the Central Government and the
seat of that member in the Authority shall become vacant.
(2) A
casual vacancy of a non-official member in the Authority shall be filled up by
a fresh nomination and the person nominated to fill the vacancy shall hold
office only for the remainder of the term of the member in whose place he was
nominated.
8. Removal of the members of the Authority.
No
member of the Authority shall be removed from his office on any ground
specified in section 11, without a due and proper enquiry by an officer not below the
rank of a Secretary to the Government of India appointed by the Central
Government and without giving such
member a reasonable opportunity of being heard.
9. Secretary
of the Authority
(1)
The Authority shall appoint a Secretary to it.
(2)
The terms and conditions of the appointment of the
Secretary shall be
determined by the Authority by regulation.
(3) The Secretary shall be responsible for
co-coordinating and convening the meetings of the Authority, maintenance of the
records of the proceedings of the Authority and such other matters as may be
assigned to him by the Authority.
10. Meetings
of the Authority
(1) The Authority shall meet at least four
times in a year normally after a period of three months at the Head quarters of
the Authority or at such place as may be decided by the Chairperson.
(2) The Chairperson shall, upon a written
request from not less than five Members of the Authority or upon a direction of
the Central Government, call a special meeting of the Authority.
(3) The members shall be given at least
fifteen days’ notice for holding an ordinary meeting and atleast
three days’ notice for holding a special meeting specifying the purpose, the
time and the place at which such meeting is to be held.
(4) Every meeting shall be presided
over by the Chairperson and in his absence, by a presiding officer to be
elected by the members present from amongst themselves.
(5) The decision of the Authority at a
meeting shall, if necessary, be taken by a simple majority of the Members
present and voting and the Chairperson or in his absence,
the Member presiding shall have a second or casting vote.
(6) Each member shall have one vote.
(7) The quorum at every meeting of the Authority shall be
five.
(8) No Member shall be entitled to bring
forward for the consideration of a meeting any matter of which he has not given
ten days’ notice unless the Chairperson in his discretion permits him to do so.
(9) Notice of the meeting may be given to the
Members by delivering the same by messenger or sending it by registered post to
his last known place of residence or business or in such other manner as the
Secretary of the Authority may, in the circumstances of the case, think fit.
11. Appointment of Expert Committee by the
Authority and their entitlements :-
(1) The Authority may constitute any number
of Committees for
such purposes as it may deem fit consisting wholly of members or wholly of
other persons or partly of members or partly of other persons.
(2) The members of the Committee other than
the members of the Authority shall be paid such fees and allowances for
attending the meetings as the Authority may deem fit.
12. General
functions of the Authority :-
The
Authority may perform the following functions; namely :-
(i)
lay down the procedure and guidelines to govern the
activities provided under sections 3 ,4 and 6 ;
(ii)
advise the Central Government on any matter
concerning conservation of bio-diversity, sustainable use of its components and
fair and equitable sharing of benefits arising out of the use of biological
resource and knowledge;
(iii)
coordinate the activities of the State
Bio-diversity Boards;
(iv)
provide technical assistance and guidance to the
State Bio-diversity Boards;
(v)
commission studies and sponsor investigations and
research;
(vi)
engage consultants, for a specific period, not exceeding three
years, for providing technical assistance to the Authority
in the effective discharge of its functions:
Provided that if it is necessary and expedient to
engage any consultant
beyond the period of three years, the Authority shall seek prior approval of the Central Government for
such an engagement.
(vii)
collect,
compile and publish technical and statistical data, manuals, codes or guides relating to
conservation of bio-diversity, sustainable use of its components and fair and
equitable sharing of benefits arising out of the use of biological resource and
knowledge;
(viii)
organise through mass media a
comprehensive programme regarding conservation of bio-diversity, sustainable use of its
components and fair and equitable sharing of benefits arising out of the use of
biological resource and knowledge.
(ix)
plan and organise
training of personnel engaged or likely to be engaged in programmes
for the conservation of bio-diversity and
sustainable use of its components;
(x)
prepare the annual Budget of the Authority
incorporating its own receipts as also the devaluation from the Central
Government provided that the allocation by the Central Government shall be
operated in accordance with the budget provisions approved by the Central
Government;
(xi)
recommend creation of posts to the Central
Government, for effective discharge of
the functions by the Authority and to create such posts, provided that no such
post whether permanent/ temporary or of any nature, would be created without
prior approval of the Central Government;
(xii)
approve the method of recruitment to the officers
and servants of the Authority;
(xiii)
take steps to build up data base and to create
information and documentation system for biological resources and associated
traditional knowledge through bio-diversity registers and electronics data
bases, to ensure effective management, promotion and sustainable uses;
(xiv)
give directions to State Bio-diversity Boards and
the Bio-diversity Management Committees in writing for effective implementation
of the Act ;
(xv)
report to the Central Government about the
functioning of the Authority and implementation of the Act ;
(xvi)
recommend, modify, collection of benefit sharing fee under sub section (1)
of Section 6 or Changes of royalties under sub-section (2) of section 19 in
respect of biological resources from
time to time ;
(xvii)
sanction grants-in-aid and grants to the State
Bio-diversity Board and Bio-diversity Management Committees for specific
purposes;
(xviii)
undertake physical inspection of any area in
connection with the implementation of the Act ;
(xix)
take necessary measures including appointment of
legal experts to oppose grant of intellectual property right in any country
outside India on any biological resource and associated knowledge obtained from
India in an illegal manner;
(xx)
do such other functions
as may be assigned or directed by the Central
Government from time to time.
13. Powers and duties of Chairperson
(1) The
Chairperson shall have the overall control of the day- to -day activities of
the Authority.
(2) Subject
to the provisions of Section 10, the Chairperson shall have the powers
of general superintendence over the officers and staff of the Authority
and he may issue necessary directions
for the conduct and management of the affairs of the Authority.
(3) The
Chairperson shall be In charge of all the confidential papers and records of
the Authority and shall be responsible for their safe custody.
(4) All
orders and
instructions to be issued by the Authority shall be under the signature of the
Chairperson or of any other officer authorized by the Chairperson in this
behalf.
(5) The
Chairperson, either himself or through an officer of the authority authorized
for the purpose, may sanction and disburse all payments against the approved
budget.
(6) The
Chairperson shall have full powers for granting administrative and technical
sanction to all estimates.
(7) The
Chairperson shall convene and preside over all the meetings of the Authority
and shall ensure that all decisions taken by the Authority are implemented in
proper manner.
(8) The Chairperson shall
exercise such other powers and perform such other functions as may be delegated
to him from time to time by the Authority or the Central Government.
14. Procedure for access to biological
resources and associated traditional knowledge
(1)
Any person seeking approval of the Authority for access
to biological resources and associated knowledge for research or for commercial
utilization shall make an application in Form I.
(2) Every application under sub-rule (1) shall be
accompanied by a fee of ten
thousand rupees in the form of
a cheque or demand draft drawn in favour
of the Authority.
(3) The Authority shall after consultation with the
concerned local bodies and collecting
such additional information from the applicant and other sources, as it may
deem necessary, dispose of the
application, as far as possible, within
a period of six months from the date of its receipts.
(4) On being satisfied with the merit of the
application, the Authority may grant the approval for access to biological
resources and associated knowledge subject to such term and conditions as it may deem fit to impose.
(5) The approval to access shall be in the
form of a written agreement duly signed by an authorized officer of the
Authority and the applicant.
(6) The form of the agreement referred to in
sub-rule (5) shall
be laid down by the Authority and
shall include the following ; namely :-
(i)
general objectives and purpose of the application for seeking
approval ;
(ii)
description of the
biological resources and traditional knowledge including accompanying
information;
(iii)
intended uses of the
biological resources (research, breeding, commercial utilization etc.)
(iv)
conditions under which the applicant may seek
intellectual property rights;
(v)
quantum of monetary and other
incidental benefits. If need be, a commitment to enter into a fresh agreement
particularly in case if the biological material is taken for research purposes
and later on sought to be used for commercial purposes, and also in case of any
other change in use thereof
subsequently.
(vi)
restriction to transfer the accessed biological
resources and the traditional knowledge to any third party without prior
approval of Authority;
(vii)
to adhere to a limit set by the Authority on the
quantity and specification of the quality of the biological resources for which
the applicant is seeking access;
(viii)
guarantee to deposit a reference sample of
the biological material sought to be accessed with the repositories identified
in Section 39;
(ix)
submitting to the Authority a regular
status report of research and other developments;
(x)
commitment to abide with the provisions of Act and
rules and other related legislations in force in the country ;
(xi)
commitment to
facilitate measures for conservation and sustainable use of biological
resources accessed ;
(xii)
commitment to minimize environmental impacts of
collecting activities ;
(xiii)
legal provisions such as
duration of the agreement, notice to terminate the agreement, independent
enforceability of individual clauses, provision to the extent that obligations
in benefit sharing clauses survive the termination of the agreement, events
limiting liability (natural calamities), arbitration, any confidentiality
clause.
(7) The conditions for access may
specifically provide measures for conservation and protection of biological
resources to which the access is being granted.
(8) The Authority may for reasons to be
recorded in writing
reject an application if it considers that the request cannot be
acceded to.
(9) No application shall be rejected unless the applicant is given a
reasonable opportunity of being heard.
(10) The Authority shall take steps to widely
publicize the approvals granted, through print or electronic media and shall
periodically monitor compliance of conditions on which the approval was
accorded.
15. Revocation
of access or approval . -
(1) The Authority may either on the basis of
any complaint or suo moto
withdraw the approval granted for access under rule 15 and revoke the written agreement under the
following conditions ; namely:-
(i)
on the basis of reasonable belief that the person to whom the approval
was granted has violated any of the provisions of the Act or the condition on
which the approval was granted ;
(ii)
when the person who has been granted approval has
failed to comply with the terms of the
agreement ;
(iii)
on failure to comply with any of the
conditions of access granted;
(iv)
on account of overriding public interest or for
protection of environment and conservation of biological diversity;
(2) The Authority shall send a copy of every
order of revocation
issued by it to the concerned State Biodiversity Board and the
Biodiversity Management Committees for prohibiting the access and also to
assess the damage, if any, caused and take steps to recover the damage.
16. Restriction
on activities related to access to biological resources. -
(1) The Authority if it deems necessary and
appropriate shall take the steps to
restrict or prohibit the request for access to biological resources for
the following reasons ; namely :-
(i)
the request for access is for any endangered taxa ;
(ii)
the request for access is for any endemic
and rare species;
(iii)
the request for access may likely to result in adverse effect on the
livelihoods of the local people;
(iv)
the request to access may result in
adverse environmental impact which may be difficult to control and mitigate;
(v)
the request for access may cause genetic erosion or
affecting the ecosystem function;
(vi)
use of resources for
purposes contrary to national interest and other related international
agreements entered into by
17. Procedure
for seeking approval for transferring results of research.-
(1)
Any person desirous of transferring results of
research relating to biological resources obtained from India for monetary
consideration to foreign nationals, companies and Non Resident Indians (NRIs), shall make an application to the Authority in the
Form II.
(2)
Every
application under sub-rule (i) shall be accompanied
by a fee of five thousand rupees in the form of a Bank draft or Cheque drawn in favour of the
Authority.
(3)
Every application under sub-rule (i) shall be decided upon by the Authority, as far as
possible within a period
of three months from the receipt of the same.
(4)
On being satisfied that the applicant has fulfilled
all the requirements,
the Authority may grant the approval for transferring the results of research
subject to such terms and conditions as it may deem fit to impose in each case.
(5)
The approval for transfer shall be granted in the
form of a written agreement duly signed by an authorized officer of the
Authority and the applicant. The form of
the agreement shall be such as may be decided by the Authority.
(6)
The Authority may for reasons to be recorded in
writing reject an application if it considers
that the application cannot be
allowed;
Provided that the
application shall be rejected unless the applicant has been given a reasonable
opportunity of being heard.
18. Procedure for seeking prior approval
before applying for intellectual property protection. -
(1)
Any person desirous of applying for a patent or any
other intellectual property based on research on biological material and
knowledge obtained from
(2)
Every application under sub-rule (1) shall be
accompanied by paying a fee of five hundred rupees.
(3)
The Authority after due appraisal of the
application and after collecting any additional information, on the basis of merit shall decide on the
application, as far as possible within a period of three months of receipt of
the same.
(4)
On being satisfied that the applicant has fulfilled
all the necessary requirements, the Authority may grant approval for applying
for a patent or any other IPR subject to such terms and conditions as it may
deem fit to impose in each case.
(5)
The approval shall be granted in the form of a
written agreement duly signed by an authorized officer of the Authority and the
applicant. The form of the agreement may
be decided by the Authority.
(6)
The Authority may reject the application if it
considers that the request cannot be acceded to after recording the reasons.
Before passing order of rejection, the applicant shall be given an opportunity
of hearing.
19.
Procedure for third party transfer under sub-section (2) of Section 20.-
(1)
The persons who have been granted approval for
access to biological resources and associated knowledge, intend to transfer the
accessed biological resource or knowledge to any other person or organization
shall make an application to the Authority in Form IV.
(2)
Every application under sub-rule (1) shall be
accompanied by a fee of ten thousand rupees in the form of Bank draft or cheque drawn in favour of the
Authority.
(3)
The Authority shall after collecting any additional
information, decide
upon the application as far as possible within a period of six months of
receipt of the same.
(4)
On being satisfied that the applicant has fulfilled
all the necessary requirements, the Authority may grant approval for third
party transfer subject to such terms and conditions it may deem fit to impose
in each case.
(5)
The approval as may be granted under sub-rule (4) in the form of a written agreement duly
signed by an authorized officer of the Authority and the applicant. The form of the agreement shall be such as
may be decided by the Authority.
(6)
The Authority may for reasons to be recorded in
writing reject the application if it considers that the request cannot be
acceded to provided that no application
shall be rejected unless the applicant has been given an opportunity of being
heard.
20. Criteria
for equitable benefit sharing (Section 21)
(1)
The Authority shall by notification in the Official
Gazette formulate
the guidelines and describe the benefit sharing formula.
(2)
The guidelines shall provide for monetary and other benefits such as
royalty; joint ventures; technology transfer; product development; education
and awareness raising activities; institutional capacity building and venture capital fund.
(3)
The formula
for benefit sharing shall be determined on a case-by case basis.
(4)
The Authority while granting approval to any person
for access or for transfer of results of research or applying for patent and
IPR or for third party transfer of the accessed biological resource and
associated knowledge may impose terms and conditions for ensuring equitable
sharing of the benefits arising out of the use of accessed biological material
and associated knowledge.
(5)
The quantum of benefits shall be mutually agreed
upon between the persons applying for such approval and the Authority in
consultation with the local bodies and benefit claimers and may be decided in
due regard to the defined parameters of access, the extent of use, the
sustainability aspect, impact and expected outcome levels, including measures
ensuring conservation and sustainable use of biological diversity.
(6)
Depending upon each case, the Authority shall
stipulate the time frame for assessing benefit sharing on short, medium, and
long term benefits.
(7)
The Authority shall stipulate that benefits shall
ensure conservation and sustainable use of biological diversity.
(8)
Where biological resources or knowledge is accessed
from a specific individual or a group of individuals or organizations, the
Authority may take steps to ensure that the agreed amount is paid directly to
them through the district administration. Where such individuals or group of
individuals or organizations cannot be identified, the monetary benefits shall
be deposited in the National Biodiversity Fund.
(9)
Five percent of the assessed benefits shall be
earmarked for the Authority or Board as the case may be ,
towards administrative and service charges.
(10) The Authority
shall monitor the flow of benefits as determined under sub rule (4) in a manner
determined by it.
21. Application
of National Biodiversity Fund . -
(1) The National Biodiversity Fund shall be
operated by the Chairperson or by such other officer of the Authority as may be
authorized in this regard
(2) The National Biodiversity Fund shall have
two separate heads of accounts, one relating to the receipts from the Central
Government and the other concerning the fee, licence
fee, royalty and other receipts of the Authority.
22. Constitution
of Biodiversity Management Committees
(1) Every local body shall constitute a
Biodiversity Management Committee (BMCs)
within its area of jurisdiction.
(2) The Biodiversity Management Committee as
constituted under sub-rule (1) shall consist
of a Chairperson and not more than six persons nominated by the local body,
of whom not less than one third should be women and not les than 18% should
belong to the Scheduled Castes/Scheduled Tribes.
(3) The Chairperson of the Biodiversity
Management Committee shall be elected from amongst the members of the committee
in a meeting to be chaired by the Chairperson of the local body. The
Chairperson of the local body shall have the casting votes in case of a tie .
(4) The Chairperson of the Biodiversity
Management Committee shall have a tenure of three
years.
(5) The local Member of Legislative Assembly/
Member of Legislative Council and Member of Parliament would be special
invitees to the meetings of the Committee.
(6) The main function of the BMC is to
prepare People’s Biodiversity Register in consultation with local people. The
Register shall contain comprehensive information on availability and knowledge
of local biological resources, their medicinal or any other use or any other
traditional knowledge associated with them.
(7) The other functions of the BMC are to advise on any matter referred to it by the State
Biodiversity Board or Authority for granting approval, to maintain data about
the local vaids and practitioners using the
biological resources.
(8) The Authority shall take steps to specify
the form of the People’s Biodiversity Registers, and the particulars it shall
contain and the format for electronic database.
(9) The Authority and the State Biodiversity
Boards shall provide guidance and technical support to the Biodiversity
Management Committees for preparing People’s Biodiversity Registers.
(10) The People’s Biodiversity Registers shall
be maintained and validated by the Biodiversity Management Committees.
(11) The Committee shall also maintain a
Register giving information about the details of the access to biological
resources and traditional knowledge granted, details of the collection fee
imposed and details of the benefits derived and the mode of their sharing.
23. Appeal
for settlement of disputes under Section 50. -
(1)
If a dispute arises between the Authority or a
State Biodiversity Board or between one Board and other Board(s) on account of
implementation of any order or direction or on any issue of policy
decision, either of the aggrieved parties
i.e. , Authority or the Board, as the case may be, prefer an appeal to the
Central Government under section
50, in Form V to the Secretary, Ministry
of Environment and Forests, Government of India
(2)
In case the dispute arises between a State
Biodiversity Board and another state Biodiversity Board or Boards, the
aggrieved Board or Boards,
shall prefer the point or points of dispute to the Central
Government which shall refer the same to the Authority.
(3)
The memorandum of appeal shall state the facts of
the case, the
grounds relied upon by the appellant,
for preferring the appeal and the relief sought for.
(4)
The memorandum of appeal shall be accompanied by an
authenticated copy of the order, direction or policy decision, as the case may
be, by which the appellant is aggrieved and shall be duly signed by the authorised representative of the appellant.
(5)
The memorandum of appeal shall be submitted in
quadruplicate, either in person or
through a registered post with Acknowledgement due, within 30 days from the
date of the orders, direction or policy decision, impunged provided that if the Central Government is satisfied that there was good and
sufficient reason for the delay in preferring the appeal, it may, for reason to
be recorded in writing, allow the appeal to be preferred after the expiry of
the aforesaid period of 30 days but before the expiry of 45 days from the date
of the orders impugned, direction or
policy decision, as the case may be.
(6)
The notice for hearing of the appeal shall be given
in Form VI by a
registered post with an acknowledgement due.
(7)
The Central Government shall, after hearing the
appellant and the other parties, dispose of the appeal.
(8)
In disposing of an appeal it may vary or modify or cancel impugned order, direction or policy, as the
case may be.
(9)
In adjudicating a dispute, the Authority shall be
guided by the principles of natural justice and as far as practicable, follow
the same procedure which the Central Government is required to follow under
this rule.
24. Manner of giving notice under Section Section
61
(1) The
manner of giving notice, under clause (b) of section 61, shall be as follows
namely:-
(i)
The notice shall be in writing
in Form VII.
(ii)
The person giving the notice may send it to ,-
(a)
If the alleged offence has taken place in a Union territory, to the Chairperson of the
National Bio-diversity Authority; and
(b)
If the alleged offence has taken place in a
State, to the Chairperson of the State
Bio-diversity Board
(2) The
notice referred to in sub-rule (1) shall be sent by registered post acknowledgement
due; and
(3) The
period of thirty days mentioned in clause (b) of section 61 shall be reckoned
from the date, the notice is received by the Authorities mentioned in sub-rule
(1).
Schedule
FORM I
(see
rule 14)
Application form for access to Biological resources
and associated traditional knowledge
Part A
(i)
Full particulars of the applicant
(ii)
Name:
(iii)
Permanent address:
(iv)
Address of the contact person / agent, if any, in
(v)
Profile of the organization (personal profile in
case the applicant is an individual). Please attach relevant documents of
authentication):
(vi)
Nature of business:
(vii)
Turnover of the organization in US$:
2. Details and specific information about
nature of access sought and biological material and associated knowledge to be
accessed
a)
Identification (scientific name) of biological
resources and its traditional use:
b)
Geographical location of proposed collection:
c)
Description
/ nature of traditional knowledge ( oral / documented):
d)
Any identified individual / community holding the
traditional knowledge:
e)
Quantity of biological resources to be collected
(give the schedule):
f)
Time span in which the biological resources is
proposed to be collected:
g)
Name and number of person authorized by the company
for making the selection:
h)
The purpose for which the access is requested
including the type and extent of research, commercial use being derived and
expected to be derived from it:
i)
Whether any collection of the resource endangers
any component of biological diversity and the risks which may arise from the
access:
3. Details of any national institution
which will participate in the Research and Development activities.
4. Primary destination of accessed
resource and identity of the location where the R&D will be carried out.
5. The economic and other benefits
including those arriving out of any IPR, patent obtained out of accessed
biological resources and knowledge that are intended, or may accrue to the
applicant or to the country that he/she belongs
6. The biotechnological, scientific,
social or any other benefits obtained out of accessed biological resources and
knowledge that are intended, or may accrue to the applicant or to the country
that he/she belongs
7. Estimation of benefits,
that would flow to
8. Proposed mechanism and arrangements for
benefit sharing.
9. Any other information considered relevant.
Part B
Declaration
I/
we declare that:
·
Collection of proposed biological resources shall
not adversely affect the sustainability of the resources;
·
Collection of proposed biological resources shall
not entail any environmental impact;
·
Collection of proposed biological resources shall
not pose any risk to ecosystems;
·
Collection of proposed biological resources shall
not adversely affect the local communities;
I/we further declare
the Information provided in the application form is true and correct and I /We shall be responsible
for any incorrect / wrong information.
Signed
Name
Title
Place
Date
FORM II
(see
Rule 17)
Application for seeking prior approval of National
Biodiversity Authority
for transferring the results of research to foreign nationals,
companies, NRI`s, for commercial purposes.
1. Full particulars of the applicant
i) Name
ii) Address:
iii)Professional
profile
iv)Organizational
affiliation (Please attach relevant documents of
authentication):
2. Details of the results of research
conducted
3. Details of the Biological resources and
/or associated knowledge used in the research.
4. Geo-graphical location from where the
biological resources used in the research are collected
5 Details of any traditional knowledge
used in the research and any identified individual /community holding the
traditional knowledge
6. Details of institution where R&D
activities carried out.
7. Details of the individual / organization
to whom the research results are intend to transfer.
8. Details of economic, biotechnological,
scientific or any other benefits that are intended, or may accrue to the
individual /organization due to commercialization of transferred research
results.
9. Details of economic, biotechnological,
scientific or any other benefits that are intended, or may accrue to the
applicant seeking approval for transfer of results of research.
10. Details of any agreement or MOU between by
the proposed recipient and applicant seeking approval for transfer of results
of research.
Declaration
I/we
declare the Information provided in the application form is true and correct
and I /We shall be responsible for any incorrect / wrong information.
Signed
Name
Title
Place
Date
FORM III
(See rule 18)
Application for seeking prior approval of National
Biodiversity Authority for applying for Intellectual Property Right
1. Full particulars of the applicant
i) Name
ii) Address:
iii) Professional profile
iv) Organizational
affiliation (Please attach relevant documents of
authentication):
2. Details of the invention on which IPRs sought
3. Details of the Biological resources and
/or associated knowledge used in the invention.
4. Geo-graphical location from where the
biological resources used in the invention are collected
5. Details of any traditional knowledge
used in the in the invention and any identified individual /communiti\y
holding the traditional knowledge
6. Details of institution where Research
and Development activities carried out.
7. Details of economic, biotechnological,
scientific or any other benefits that are intended, or may accrue to the applicant
due commercialization of the invention.
Declaration
I/we
declare the Information provided in the application form is true and correct
and I /We shall be responsible for any incorrect / wrong information.
Signed
Name
Title
Place
Date
FORM IV
(See
rule 19)
Application form for
seeking approval of National Biodiversity Authority for third party transfer of
the accessed Biological resources and associated traditional knowledge.
1. Full
particulars of the applicant
(i)
Name
(ii)
Address:
(iii) Professional
profile
(iv) Organizational
affiliation (Please attach relevant documents of
authentication):
2. Details of the biological material and
traditional knowledge accessed.
3. Details of the access contract entered
(Copy to be enclosed)
4. Details of the benefits and mechanism /
arrangements for benefit sharing already implemented.
5. Full particulars of the third part to
whom the accessed material / knowledge is intended to transfer.
6. The purpose of the intended third party
transfer.
7. Details of economic, social,
biotechnological, scientific or any other benefits that are intended, or may
accrue to the third party due to transfer of accessed biological material and
knowledge.
8. Details of any agreement to be entered
between the applicant and the third party.
9. Estimation of benefits that would flow
to
10. Proposed mechanism and arrangements for
benefit sharing arising out of the proposed third party transfer.
11. Any other relevant information
Declaration
I/we
declare the Information provided in the application form is true and correct
and I /We shall be responsible for any incorrect / wrong information.
Signed
Name
Title
Place
Date
FORM V
(See
rule-23(1)
NATIONAL BIODIVERSITY
AUTHORITY
(as
the case may be)
(Memorandum
of appeal under Section 50 of the Biological Diversity Act, 2002.)
______________________
______________________ ……Appellant
(s)
Vs.
_____________________
_____________________
……Respondent(s)
(here
mention the designation of the Authority/
Board,
as the case may be )
The appellant begs to
prefer this Memorandum of Appeal against the order dated _________ passed by the
Respondent on the following facts and grounds.
1. FACTS:
(Here briefly mention
the facts of the case):
2. GROUND:
(Here mention the
grounds on which the appeal is made) :
i.)
ii.)
iii.)
3. RELIEF SOUGHT:
i)
ii)
iii)
4. PRAYER:
a) In
the light of what is stated above, the appellant respectfully prays that the
order/decision of
the respondent be quashed/set-aside .
b)
The
policy/guidelines/regulation framed by the Respondent be quashed
/modified/annulled to the
extent__________________
_____________________________________
c)_______________________________________
Place:___________ Signature
of the appellant
Dated:__________
with Seal
Address:
I , the
appellant do hereby declare that what is stated above is true to the best of my
information and belief .
Verified on
____day of_______.
Signature of the appellant
With Seal
Enclosures: 1. Authenticated copy of the
order/direction/policy decision, against which the appeal has been preferred.
FORM VI
(See rule 28)
BEFORE THE _____________ MINISTRY OF ENVIRONMENT
AND FORESTS,
OR
NATIONAL BIODIVERSITY AUTHORITY
(as the case may be)
Appeal No. __________ of 200
Between :
_____________________________
______________________________ … Appellant(s)
Vs.
_____________________________
_____________________________ … Respondents(s)
NOTICE
Please
take notice that the above appeal filed by the appellant, against the
order/direction/policy decision (give details) is fixed for hearing on
_________ at ________.
The
copies of the appeal memorandum and other annexure filed alongwith
the appeal are sent herewith for your reference.
Please
note that if you fails to appear on the said date or
other subsequent date of hearing of the appeal, the appeal would be disposed of
finally by placing you ex-parte.
Authorised signatory on behalf
of the Appellate Authority (Seal)
Date: ______
Place : _____
FORM OF NOTICE
(See rule 24 (1)
By Registered Post/Acknowledgement due
Shri
_________________
_____________________
_____________________
To,
_____________________
_____________________
_____________________
Sub: NOTICE
UNDER SECTION 61(b) OF THE BIOLOGICAL DIVERSITY ACT, 2002.
Whereas an offence under the Biological
Diversity Act, 2002 has
been committed/is being
committed by______________________________________________________
2.
I/we hereby give
notice of 30 days under Section 61(b) of the Biological Diversity Act, 2002 of
my /our intention to file a complaint in the Court against
_______________________for violation of the provisions of the Biological
Diversity Act, 2002.
3.
In support of my/our notice ,
I am/we are enclosing herewith the following documents as evidence of proof.
Place:________
Dated:________
Signature
EXPLANATION:
(1)
In case the notice to be given in the name of a
company, documentary evidence authorising the person
to sign the notice on behalf of the company shall be enclosed to the notice.
(2)
Give the name and
address of the alleged offender. In case of using biological resource/
knowledge/research/bio-survey and bio utilisation /the intellectual property right /patent ,
without the approval of the Authority,
the details thereof and the commercial utilisation
if any, may be furnished.
(3)
Documentary evidence
shall include photograph, technical report etc. for enabling enquiry into the
alleged violation/offence.
[ No. J 22018/57/2002
CSC (BC)]
(Desh
Deepak Verma)
Joint Secretary