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Union of India - Section

Section 310 in The Biological Diversity Act, 2002

310.

Statement of Objects and Reasons.-Biodiversity encompasses the variety of all life on earth. India is one of the 12 megabiodiversity countries of the world. With only 2.5% of the land area, India already accounts for 7-8% of the recorded species of the world. India is equally rich in traditional and indigenous knowledge, both coded and informal.2. India is a Party to the Convention on Biological Diversity (1992). The main objectives of the Convention are:(i) Conservation of biological diversity;
(ii)Sustainable use of its components;
(iii)Fair and equitable sharing of benefits arising out of utilisation of genetic resources.
3. Recognizing the sovereign rights of States to use their own biological resources, the Convention expects the Parties to facilitate access to genetic resources by other Parties for environmentally sound purposes subject to national legislation and on mutually agreed upon terms (ArticleE 3 and 15). Article 8(j) of the Convention recognizes contributions of local and indigenous communities to the conservation and sustainable utilisation of biological diversity through traditional knowledge, practices and innovations and provides for equitable sharing of benefits with such people arising from the utilisation of their knowledge, practices and innovations.4. Biodiversity is a multi-disciplinary subject involving diverse sectoral activities and actions. The stakeholders is biological diversity include the Central Government, State Governments, institutions of local self-government, scientific and technical institutions, experts, non-governmental organisations, industry, etc. One of the major challenges before India lies in adopting an instrument which helps realise the objectives of equitable sharing of benefits enshrined in the Convention on Biological Diversity.5. After an extensive and intensive consultation process involving the stakeholders, the Central Government has decided to bring a legislation with the following salient features:-
(i)to regulate access to biological resources of the country with the purpose of securing equitable share in benefits arising out of the use of biological resources; and associated knowledge relating to biological resources;
(ii)to conserve and sustainable use biological diversity;
(iii)to respect and protect knowledge of local communities related to biodiversity;
(iv)to secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources;
(v)conservation and development of areas important from the standpoint of biological diversity by declaring them as biological diversity heritage sites;
(vi)protection and rehabilitation of threatened species;
(vii)involvement of institutions of self-government in the broad scheme of the implementation of the Act through constitution of committees.
6. The proposed legislation primarily addresses the issue concerning access to genetic resources and associated knowledge by foreign individuals, institutions or companies, and equitable sharing of benefits arising out of the use of these resources and knowledge to the country and the people. In order to safeguard the interests of the local people, vaids and hnkims and to allow research by Indian citizens within the country, the following exceptions are proposed:
(i)Free access to biological resources for use within India for any purpose other than commercial use for Indian people.
(ii)Use of biological resources by voids and hnkirns.
(iii)Free access to the Indian citizens to use biological resources within the country for research purpose
(iv)Collaborative research through government sponsored or government approved institutions subject to overall policy guidelines and approval of the Central Government.
7. It is proposed to have National Biodiversity Authority, State Biodiversity Boards and Biodiversity Management Committees.
(a)The National Biodiversity Authority will deal with matters relating to requests for access by foreign individuals, institutions or companies, and all matters relating to transfer of results of research to any foreigner; imposition of terms and conditions to secure equitable sharing of benefits and approval for seeking any form of Intellectual Property Rights (IPRs) in or outside India for an invention based on research or information pertaining to a biological resource obtained from India.
(b)State Biodiversity Boards will deal with matters relating to access by Indians for commercial purposes and restrict any activity which violates the objectives of conservation, sustainable use and equitable sharing of benefits.
(c)Biodiversity Management Committees will be set up by institutions of self-government in their respective areas for conservation, sustainable use, documentation of biodiversity and chronicling of knowledge relating to biodiversity. Biodiversity Management Committees shall be consulted by the National Biodiversity Authority and State Biodiversity Boards on matters related to use of biological resources and associated knowledge within their jurisdiction.
8. It is proposed to set up Biodiversity Funds at Central, State and local levels. The monetary benefits, fees, and royalties received as a result of approvals by National Biodiversity Authority will be deposited in National Biodiversity Fund. The Fund will be used for conservation and development of areas from where resources have been accessed.9. Normally-traded commodities may be exempted by the Central Government, by notification, and in consultation with the National Biodiversity Authority, from the purview of the proposed legislation.10. Traditional knowledge is proposed to be protected. It is also proposed that the State Governments notify National Heritage Sites, which are important from the standpoint of biodiversity, in consultation with institutions of local self government.11. The Notes on Clauses explain in detail the various provisions contained in the Bill.12. The Bill seeks to achieve the above objectives.[5 th February, 2003]An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.Whereas India is rich in biological diversity and associated traditional and contemporary knowledge system relating thereto;And whereas India is a party to the United Nations Convention on Biological Diversity signed at Rio de Jeneiro on the 5th day of June, 1992;And whereas the said Convention came into force on the 29th December, 1993;And whereas the said Convention reaffirms the sovereign rights of the States over their biological resources;And whereas the said Convention has the main objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilisation of genetic resources; And whereas it is considered necessary to provide for conservation, sustainable utilisation and equitable sharing of the benefits arising out of utilisation of genetic resources and also to give effect to the said Convention.Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-
Sections 1 and 2, Sections 8 to 17 (both inclusive) and Sections 48, 54, 59, 62, 63, 64 and 65 brought into force on 1.10.2003 vide S.O. 1146(E), published in the Gazette of India, Ext., Pt. II, Section 3(ii), dated 1.10.2003.