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State of Jammu-Kashmir - Section

Section 13 in Jammu and Kashmir Biological Diversity Rules, 2015

13. Procedure for access/collection of biological resources for certain purposes.

- i. Any citizen of India or body corporate, association or organization registered in India shall make prior intimation of biosurvey and bioutilization for commercial purposes in Form I appended to these rules to the Board. Every application shall be accompanied by a fee as may be fixed and notified by the Board in the form of Demand Draft.ii. The Board after due appraisal of the application and after consultation with the Biodiversity Management Committee concerned and after collecting such other additional information, as it may deem necessary, shall take decision on the application as far as possible within a period of two months of the receipt of the application.iii. On being satisfied with the merit of the application, the Board may allow the application in the form of a written agreement signed by the Member-Secretary or an officer duly authorized by the Board on the one part and the applicant on the other subject to such terms and conditions as it may deem necessary.iv. The form of agreement shall be prescribed by the Board and shall contain such conditions as the Board may consider necessary to protect the biological diversity of the State.v. The conditions for access to/collectlon may specifically provide measures for conservation and protection of biological resources to which access/collection is being granted.vi. The Board shall have full right to reject any application for good and sufficient reasons, but before rejecting any application it shall give the applicant reasonable opportunity of being heard.vii. Any information given in the form referred to in the sub-rule (1) for prior intimation shall be kept confidential and shall not be disclosed either intentionally or unintentionally to any person not concerned thereto.