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CHAPTER - I
Preliminary
1. Short title, extent and commencement
(1) This Act may be called the Biological Diversity Act, 2002.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may, by notification in the
Official Gazette, appoint:
Provided that different dates may be appointed for different
provisions of this Act and any reference in any such provision
to the commencement of this Act shall be construed as a
reference to the coming into force of that provision.
2. Definitions
In this Act, unless the context otherwise requires,-
(a) "benefit claimers" means the conservers of biological
resources, their byproducts, creators and holders of knowledge
and information relating to the use of such biological
resources, innovations and practices associated with such use
and application;
(b) "biological diversity" means the variability among living
organisms from all sources and the ecological complexes of which
they are part, and includes diversity within species or between
species and of eco systems;
(c) "biological resources" means plants, animals and micro
organisms or parts thereof, their genetic material and by
products (excluding value added products) with actual or
potential use or value, but does not include human genetic
material;
(d) "bio survey and bio utilization" means survey or collection
of species, subspecies, genes, components and extracts of
biological resource for any purpose and includes
characterization, inventorisation and bioassay;
(e) "Chairperson" means the Chairperson of the National
Biodiversity Authority or, as the case may be, of the State
Biodiversity Board;
(f) "commercial utilization" means end uses of biological
resources for commercial utilization such as drugs, industrial
enzymes, food flavours, fragrance, cosmetics, emulsifiers,
oleoresins, colours, extracts and genes used for improving crops
and livestock through genetic intervention, but does not include
conventional breeding or traditional practices in use in any
agriculture, horticulture, poultry, dairy farming, animal
husbandry or bee keeping;
(g) "fair and equitable benefit sharing" means sharing of
benefits as determined by the National Biodiversity Authority
under section 2 1;
(h) "local bodies" means Panchayats and Municipalities, by
whatever name called, within the meaning of clause (1) of
article 243B and clause (1) of article 243Q of the Constitution
and in the absence of any Panchayats or Municipalities,
institutions of self government constituted under any other
provision of the Constitution or any Central Act or State Act;
(i) "member" means a member of the National Biodiversity
Authority or a State Biodiversity Board and includes the
Chairperson;
(j) "National Biodiversity Authority" means the National
Biodiversity Authority established under section 8;
(k) "prescribed" means prescribed by rules made under this
Act;
(l) "regulations" means regulations made under this Act;
(m) "research" means study or systematic investigation of any
biological resource or technological application, that uses
biological systems, living organisms or derivatives thereof to
make or modify products or processes for any use;
(n) "State Biodiversity Board" means the State Biodiversity
Board established under section 22;
(o) "sustainable use" means the use of components of biological
diversity in such manner and at such rate that does not lead to
the long term decline of the biological diversity thereby
maintaining its potential to meet the needs and aspirations of
present and future generations;
(p) "value added products" means products which may contain
portions or extracts of plants and animals in unrecognizable and
physically inseparable form.
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