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State of Rajasthan - Section

Section 19 in Rajasthan Biological Diversity Rules, 2010

19. Procedure for access to/collection of biological resources for certain purposes.

(1)Any citizen of India or a body corporate, association or organization registered in India seeking permission of the Board for access to/collection of biological resource for commercial utilization or bio-survey and bio-utilization for commercial utilization shall make an application in Form 1 to the Board. Every application shall be accompanied by a fee as may be fixed and notified by the Board with the prior approval of the State Government, in the form of a cheque or Demand Draft drawn in favour of the State Biodiversity Board at the head office of the Board.
(2)The Board, on due consideration of the application and in consultation with the local Bodies 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 three months of the receipt of the application.
(3)On being satisfied with the merit of the application, the Board may allow the application or restrict any such activity if it is of the opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of benefits arising out of such activity.
(4)The permission shall be in the form of a written agreement signed by the Chairperson or any duly authorized officer of the Board on the one part and the applicant on the other part. The form of agreement shall be specified by the Board and shall contain such conditions, as the Board may consider necessary to protect the biological diversity of the country.
(5)The agreement shall provide measures specifically for the conservation and protection of the biological resources.
(6)The Board shall have the full right to reject any application for good and sufficient reasons, but before rejecting applications it shall give the applicant an opportunity of being heard.
(7)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, to any person not concerned thereto.