Dr.
Vinita Kacher
Associate Professor
Functions and Powers of National Biodiversity Authority (Section 18)
(1) It shall be duty of the National Biodiversity Authority to regulate activities
referred to in Sections 3, 4 and 6 and by regulations, issue guidelines for
access to biological resources and for fair and equitable benefit sharing.
(2) The National Biodiversity Authority may grant approval for undertaking any
activity referred to in Sections 3, 4 and 6.
(3) The national Biodiversity Authority may-
(a) advise the Central Government on matters relating to the conservation
of biodiversity, sustainable use of its components and equitable
sharing of benefits arising out of the utilization of biological
resources:
(b) advice the State Government in the selection of areas of biodiversity
importance to be notified under sub-section (1) of Section 37 as
heritage sites and measures for the management of such heritage sites;
(c) perform such other functions as may be necessary to carry out the
provisions of this Act.
(4) The National Biodiversity Authority may on behalf of the Central
Government, take any measures necessary to oppose the grant of intellectual
property rights in any country outside India on any biological resource
obtained from India or knowledge associated with such biological resource
which is derived from India.
The Act also empowers State Governments to establish State Biodiversity
Board to advise the State Government of matters relating to the conservation of
biodiversity and regulate commercial utilization of biological resources of the
State. Similarly the local bodies shall also constitute Biodiversity Management
Committee within its area for the purpose of promoting, conservation, sustainable
use and conservation of biological diversity.
Equitable Sharing of Benefit (Section 21)
Monetary gain arising out of use of biological resources or knowledge
associated thereto need to be shared with those who have grown, cultivated and
conserved the biological resources. The National Biodiversity Authority has been
empowered to determine ways and means of benefit sharing.
The National Biodiversity Authority shall, subject to any regulations made
in this behalf, determine the benefit sharing which shall be given effect in all or
any of the following manners, namely:-
(a) Grant of joint ownership of intellectual property rights to the National
Biodiversity Authority, or where benefit claimers are identified to such
benefit claimers.
(b) Transfer of technology.
(c) Location of production, research and development units in such areas which
will facilitate better living standards to the benefit claimers.
(d) Association of Indian scientists, benefit claimers and the local people with
research and development in biological resources and bio-survey and bio-
utilization.
(e) Setting up venture capital fund for aiding the cause of benefit.
(f) Payment of monetary compensation and other non-monetary benefits to the
benefit claimers as the National Biodiversity Authority may deem fit.
Where any amount of money is ordered by way of benefit sharing, the
National Biodiversity Authority may direct the amount to be deposited in the
National Biodiversity Fund.
Bio-piracy made punishable offence
Contravention of the provisions of the Act specifically relating to
unauthoritsed use of biological resources and bio-piracy has been made cognizable
and non-bailable offence. The Act seeks to impose punishment upto five years and
fine upto rupees ten lakhs or even more, if the damage caused exceeds rupees ten
lakhs.
The Biological Diversity Act, 2002 is an innovative legislation with
adequate measures to safeguard bio-diversity and protection of economic interests
of local communities. Since it is a new legislation and yet to be implemented, its
efficacy will be judged only in time to come. The success of this Act will also
depend on the awareness and active participation of the different stakeholders.
Local communities with the help of NGOs need to be educated and activated for
this purpose.
For LL.B 6 SEMESTER {3 YEARS}
