Act Number: 18

Act Name: The Biological Diversity Act, 2002

Year: 2003

Enactment Date: 2003-02-05

Long Title: 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.

Ministry: Ministry of Environment, Forest and Climate Change

Department:

Section 41: Constitutions of Biodiversity Management Committees.
    (1) Every local body shall constitute a Biodiversity Management Committee within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity.
     Explanation. -- For the purposes of this sub-section,--
         (a) "cultivar" means a variety of plant that has originated and persisted under cultivation or was specifically bred for the purpose of cultivation;
         (b) "folk variety" means a cultivated variety of plant that was developed, grown and exchanged informally among farmers;
         (c) "landrace" means primitive cultivar that was grown by ancient farmers and their successors.
     (2) The National Biodiversity Authority and the State Biodiversity Boards shall consult the Biodiversity Management Committees while taking any decision relating to the use of biological resources and knowledge associated with such resources occurring within the territorial jurisdiction of the Biodiversity Management Committee.
     (3) The Biodiversity Management Committees may levy charges by way of collection fees from any person for accessing or collecting any biological resource for commercial purposes from areas falling within its territorial jurisdiction.
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