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Sastra Bhavan
Pattom
Thiruvananthapuram
Kerala
India
 
     
Biodiversity Rules  

 

GOVERNMENT OF KERALA

 

Science, Technology & Environment (A) Department

 

NOTIFICATION

 

G.O. (P) NO………………………../2004/ STED Dated, Thriuvanthapouram

 

S.R.O. No………………In exercise of the powers conferred by section 63 of the Biological Diversity Act, 2003 (Central Act. 18 of 2003), the Government of Kerala hereby make the following rules, namely:-

 

 

RULES

 

1.

Short title and commencement:

 (1) These rules may be called the Kerala Biological Diversity Rules, 2005.

 (2) They shall come into force at once. on the date of their publication in the Kerala State Gazette.

2.

Definitions:

In these rules, unless the context otherwise requires,

(a)

“Act” means the Biological Diversity Act, 2002 (Central Act 18 of 2003);

(b)

“Authority” means the National Biodiversity Authority constituted under section 8 of the Act;

(c)

“Board” means the Kerala State Biodiversity Board established under section 22 of the Act;

(d)

“Biodiversity Management Committee” means a Committee constituted by the local bodies under sub-section (1) section 41 of the Act;

(e)

“Chairperson” means the Chairperson of the State Biodiversity Board;

(f )

“Fee” means any fee stipulated in the Schedules to these rules;

(g)

“Form” means the Forms set out in the Schedules to these rules;

(h)

“Government” means the Government of Kerala;

(I)

“Member”  means a member of the Kerala State Biodiversity Board and included the Chairperson thereof;

(j)

“Section” means a section of the Act;

(k)

“Secretary” means the full time Sectary of the Kerala State Biodiversity Board;

(I)

“Schedule” means the Schedule appended to these rules;

(m)

“Year” means the financial year commencing on the first day of April;

(n)

Words and expressions used but not defined in these rules and defined in the Act shall have the meaning respectively assigned to them in the Act.

3.

Manner of selection and appointment of the Chairperson:

 (1) The Chairperson of the Board shall be appointed by the Government either on deputation from other services or from outside service. The Chairperson shall be an eminent scientist having adequate knowledge and experience in the conservation and sustainable use of biodiversity and in matters relating to equitable sharing of the benefits.  In case the appointment is on deputation the appointee shall not be below the rank of the Secretary to Government. The appointment shall be done on the recommendation of a three member search committee, headed by the Chief Secretary. 

4.

Term of Office of the Chairperson:

(1)   The Chairperson of the Board shall hold office for a term of three years and shall be eligible for re-appointment provided that no Chairperson shall hold office after he attained the age of 65 years.

(2)   The Chairperson may resign from his office by giving at least one month notice in writing to the State Government.

5.

Salary, Allowances and other conditions of service of the Chairperson:

(1)

The Chairperson shall be entitled to a fixed pay as may be determined by the State Government from time to time.  In case a retired person is appointed as the chairperson, his salary and allowances shall be fixed in accordance with the orders of the Government as applicable to such persons.

(2)

The Chairperson shall be entitled to such allowance, leave, provident fund, residential accommodation and other perquisites as may be determined by the State Government from time to time.

(3)

The Chairperson shall be entitled  to gratuity at the rate of one month's salary for every completed year of service.

(4)

No pension will ordinarily be attached to the office of the Chairperson or other members of the Board.

6.

Nomination, Term of Office, Allowances, etc. of the non-official Members:

 

(1)

Five non-official Members.

From amongst the experts in different fields of biology as concerned with the matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources shall be nominated by the State Government.

(2)

Every non-official member shall hold office for a term not exceeding three years at a time from the date of publication of his appointment in the official gazette.

(3)

Every non-official member shall be entitled to sitting allowances at the end rate of Rs.500/- per day and travelling allowances, daily allowance and such other allowances as admissible to class 1 officers of the State Government.

7.

Filling up of vacancies of non-official member:

(1)

A non-official member of the Board may resign his membership at any time  by giving notice in writing under his hand to the Government but shall continue in office, until his resignation is accepted by the Government.

(2)

Any casual vacancy in the Board shall be filled up by fresh appointment and the person so appointed shall hold office only for the remaining portion of the term of the member in whose place he was appointed.

8.

Removal of members  of the Board:

 No member  of the Board shall be removed from the office on the grounds enumerated in section 11 of the Act without due and proper enquiry by the Government and without giving him an opportunity of being heard.

9.

Appointment of Ex officio Members:

Five ex-officio members shall be appointed from the  following departments/organizations of the State Government  as long as they hold their respective office:

(1)

Principal Secretary, Science, Technology & Environment Department

(2)

Principal Secretary, Agricultural Department

(3)

Principal Secretary, Fisheries Department

(4)

Principal Secretary, Forest & Wildlife Department

(5)

Secretary, Agriculture (Animal Husbandry) Department

10.

Head office of the Board:

The Head Office of the Board shall be at Thiruvananthapuram.

11.

Secretary of the Board:

(1)

There shall be a Secretary to the Board who shall be appointed by the Board with the prior approval of the Government.

(2)

The Secretary shall be responsible for the efficient discharge of the functions of the Board, convening the meetings, maintaining the records of the proceedings, etc.

(3)

The Secretary shall be responsible for implementation of various activities under various programmes of the Board under the guidance of the Chairperson of the Board

(4)

The Secretary shall exercize such programs and perform such other functions as may be delepatn  to him from time to time by the Board.

(5)

The terms conditions of service of the Secretary shall be determined by the Government by regulations.

12.

Meetings of the Board:

(1)

The Board shall meet at least four times in a year, with an interval of three months, at the heads office of the Board or at such other place as may be decided by the Chairperson.

(2)

The Chairperson shall, upon a written request from not less than five members of the Board or upon a direction of the Government, call for a special meeting of the Board.

(3)

The meeting shall be called by notice under the signature of the Chairperson, or any other officer authorized in this behalf by the Chairperson, who shall cause of notice to be delivered safely to each member of the Board at his last known place of residence or business either through messenger or serving it by registered post or in such other manner as the Chairperson may, in the circumstances of the case, think fit.

(4)

The member shall be given at least fifteen days notice for holding an ordinary meeting and three days notice for holding a special  meeting, specifying the purpose, the time and venue at which such meeting is to be held.

(5)

Every meeting shall be presided over by the Chairperson and in his absence by an officer to be elected by the members present from among themselves.

(6)

The decision of the Board at a meeting shall, if necessary, be taken by a simple majority of the members present and voting and the Chairperson or in his absence, the member presiding shall have a second or casting vote.

(7)

Each member shall have one vote.

(8)

The quorum at every meeting of the Board shall be Five.

(9)

No member shall be entitled to bring forward for consideration of a meeting any matter of which he has not given ten says notice in writing unless the Chairperson in his discretion permits him to do so.

13.

Disposal of urgent matter by circulation: 

The Board may dispose of urgent matters by circulation of papers, if so desired by the Chairperson.  All resolutions and decisions thus made be reported at the next meeting of the Board for ratification.

14.

Functions of the State Biodiversity Board:

Without  prejudice to the provisions of the Act in general, the Board may perform the following particular functions namely:-

       i

lay down procedure and guidelines to govern the activities under section 23 of the Act.

      ii

advise the Government on any matter concerning conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resources and knowledge.

     iii

provide technical assistance and guidance to the departments of the State Government.

     iv

regulate by granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization of any biological resource by Indian Nationals.

      v

facilitate updating and implementation of State Bio–Diversity Strategy and Action plan.

     vi

commission studies and sponsor investigation and research;

Bio-conservation and preservation of unknown potential of every gene in every species of ecosystem.

    vii

engage consultants for specific periods, not exceeding three years, for providing technical assistance to the Board in the effective discharge of its functions, provided that if it is necessary and expedient to engage any consultant beyond three years the Board shall seek prior approval of Government for such engagement.

   viii

collect, compile and publish technical and statistical data, manuals, codes and guides relating to conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.

     ix

Inventorisation cataloguing of biodiversity, monitoring the rate of depletion, awareness creation on public, decision makers and planners and initiating scientific, administrative, legal and socio-economic measures for the protection of biodiversity.

      x

Compile a complete database on the biodiversity resources in the State.

     xi

Development of statewide strategy for implementing biodiversity programmes.

    xii

Identify the natural habitat of useful biological communities by enlisting the services of the locally available experts.

   xiii

Preparation of an exhaustive inventory of the species available in the natural habitat of useful biological communities and take steps to preserve them.

   xiv

take steps to build up database and to create information and documentation system for biological resources and associated traditional knowledge through biodiversity registers and electronic database, to ensure effective management, promotions and sustainable uses.

    xv

to devise methods to ensure protection of rights including intellectual property rights over biological resources and associated knowledge including systems of maintaining confidentiality of such information as appropriate, including the protection of the information recorded in People's Biodiversity Register.

   xvi

ensure that biodiversity and  biodiversity – dependent livelihoods are integrated into all sectors of planning  and management, and at all levels of planning from local to state, to enable such sectors and administrative levels to contribute effectively for conservation and sustainable use.

  xvii

plan  and organize training programmes for personnel engaged or likely to be engaged for programmes in the conservation of biological biodiversity and sustainable use of its components.

 xviii

organize through mass media a comprehensive programme regarding conservation of biological diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge.

   xix

Setting up sufficient infrastructure and strengthening technology base in biochemistry and biotechnology including molecular systematizes.

    xx

preparation of annual budget of the Board incorporating its own receipts as also devolution from the Central and State Governments and National Biodiversity Authority.

   xxi

recommend creation of posts to the Government for the effective discharge of functions by the Board and to create such posts: Provided that not such posts whether temporary or permanent posts of nay nature shall be created without the prior approval of the Government.

  xxii

approve the method of recruitment to such posts.

 xxiii

co-ordinate the activities of the Biodiversity Management Committees.

 xxiv

give directions to Biodiversity Management Committees in writing and through appropriate oral means,  for the effective implementation of the Act; and to facilitate their meaningful participation in all measures relating to conservation , sustainable use and equitable benefit sharing.

  xxv

report to the Government and the National Biodiversity Authority about the functioning of the Board and implementation of the Act.

   xxvi

recommend, prescribe or modify collection fee of biological resources from time to time.

  xxvii

sanction grant-in-aid and grants to the Bio Management Committee for the specific purposes.

 xxviii

undertake physical inspection of any area within its jurisdiction in connection with the implementation of the Act.

   xxix

do such other functions as may be directed by the Government from time to time.

15.

Power and Responsibilities of the Chairperson:

(1)

The Chairperson shall have the overall control of the day to day activities of the Board.

(2)

Apart from the general duties and responsibilities specified in the Act and such other powers and duties that may be devolved by the Government over the management of affairs and finances of the Board, the Chairperson shall have the powers of general superintendence over the officers and staff of the Board and the Chairperson may issue necessary directions for the conduct and management of the affairs of the Board.

(3)

The Chairperson shall  be in charge of all confidential papers and records of the Board and shall be responsible for their safe custody.

(4)

All orders and instructions to be issued by the Board shall be under the signature of the Chairperson or of any other officer authorized in this behalf by the Chairperson.

(5)

The Chairperson, either himself or through an officer authorized by him for the purpose, may sanction, draw and disburse all payments against approved budget outlay.

(6)

The Chairperson shall have full powers for granting administrative and technical sanction to all estimates.

(7)

The Chairperson shall convene and preside over all meetings of the Board and shall ensure that all decisions of the Board are implemented in proper manner.

(8)

The Chairperson shall have powers to delegate any or all specific powers enumerated above for a specific period to the Secretary or any other officer of the Board.

(9)

The Chairperson shall exercise such other powers and perform such other functions as may be delegated to him from time to time by the Board.

16.

Employees of the Board, conditions of their service, etc:

The Board may appoint such officers and other employees as determined by the State Government Rules

17.

Application and operation of State Biodiversity Fund:

(1)

The State Biodiversity Fund shall be deposited in a Bank approved by the Board in the name of the Board and operate the same in accordance with the decision of the Board and such other bye-laws as may be framed.

(2)

The State Biodiversity Fund shall be operated by the Chairperson of the Board under his seal and signature or by such other officer of the Board as may be authorized in this behalf.

(3)

The State Biodiversity Fund shall have separate heads of accounts for receipts from -

i.  Central Government

ii.  National Biodiversity Authority

iii. State Government and

iv.  fee, license fee, royalty and such other receipts.

18.

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-utilisation for commercial utilization shall make an application Form 1 to the Board.  Every application shall be accompanied by a fee as may be fixed and notified by the Board, in the form of Demand Draft drawn in favour of the Chairperson payable at the head office of the Board.

(2)

The Board, on due consideration of the application and in consultation with the Biodiversity management Committee 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 grant permission, subject to such terms and conditions as it may deem necessary to impose.

(4)

The permission shall be in the form of a written agreement signed by the Chairperson or nay duly authorized officer of the Board on the one part and the applicant on the other part.  The form of agreement shall be prescribed 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, either intentionally or unintentionally, to any person not concerned there to.

19.

Revocation of permission:

(1)

The Board may, either suo-moto or on the basis of nay complaint, withdraw any permission granted or revoke the written agreement in the circumstances specified below, namely:

a.

on the ground of reasonable apprehension that the person to whom the permission was granted has violated any of the provisions of the Act or the conditions on which the permission was granted or he has failed to comply with any of the conditions of the written agreement;

b.

in the interest of public cause or for the protection of environment and conservation of biological diversity.

(2)

The revocation order shall be made only after making such enquiries as required after giving the person so affected an opportunity of being heard.

(3)

The  Board shall communicate a copy of such withdrawal or revocation order to the Biodiversity Management Committee and the local body concerned for prohibiting the person concerned from utilizing the biological resources and also to assess the damage, if any, caused and to recover the damages.

20.

Annual Report and Annual Statement of accounts:

(1)

The Board shall prepare its annual report for  each year giving detailed accounts of its plan of action, activities, achievements and such other details as it may consider appropriate and necessary and the annual statement of accounts and submit a copy there of to the Government.

(2)

The accounts  of the board shall be audited by the Accountant General of the State and the expenditure, if any, towards it shall be borne by the Board.

(3)

The Board shall submit the annual report together with the audited statement of accounts for each year to the Government by the 30th of the month of September following so as to enable the Government to lay them before the Legislative Assembly.

21.

Establishment of  Management of Biodiversity Heritage sites:

(1)

The Board shall, in consultation with the local bodies and other key stakeholders, take necessary steps to facilitate setting up of areas of significant bio-diversity values as Heritage Sites. Following recommendation from the board and after consultation with the Central Government, the State Government shall issue notification to this effect.

(2)

The Board shall frame guidelines on the selection, management and other aspects of Heritage Sites, ensuring that these provide decision-making role for relevant Biodiversity management Committees.

22.

Constitution of Biodiversity Management Committees:

(1)

Every local body shall constitute a Biodiversity Management Committee within its area of jurisdiction. Accordingly, Biodiversity Management Committees are to be constituted at Zila Panchayat, Janpad Panchayat, Gram Panchayat and Gram Sabha llevel as well as Municipality and Municipal Corporation level.

(2)

If the local body is satisfied that the function of the BMC can be discharged by the general assembly of the local body, or by one of its existing committees, the same should be recorded as resolution passed by such local body, following due procedure.

(3)

The Biodiversity Management Committees constituted under sub rule(1) shall have seven persons nominated by the local body, of whom not less than one third shall be women. Seven local knowledgeable persons  being so nominated should be drawn from amongst the herbalists, agriculturalists, Non Timber Forest Produce collectors/traders, fisher folk, representatives of user associations, community workers, academicians and any person/ representative of organization, on whom the local body trusts that he can significantly contribute to the mandate of the Biodiversity Management Committee. The proportion of members belonging to the Scheduled Caste and Scheduled Tribe not be less than Scheduled Caste / Scheduled Tribe percentage of the district, where such a committee is set up. All the above should be residents with in the said local body limits and be in the voters list.

(4)

The local body shall nominate six special invitees from forest, agriculture, livestock, health, fisheries and education department.

(5)

The chair person of the Biodiversity Management Committee shall be elected from amongst the members of the committee in a meeting to be presided over by the chair person of the local body. The chairperson of the local body shall have the casting vote in case of a tie.

(6)

The chair person of the Biodiversity Management Committee shall have a tenure of five years.

(7)

The local Member of the Legislative Assembly and Member of Parliament would be special invitees to the meetings of the Biodiversity Management Committees at different levels.

(8)

A technical support group comprising of experts in the field of biodiversity drawn from government agencies, Non Governmental Organizations, academic field, community and individuals shall be established by Zila Panchayat/district administration. The expert group shall lend support to Biodiversity Management Committees.

(9)

The key mandate of the Biodiversity Management Committees will be to ensure conservation, utilization and equitable sharing of benefits from the biodiversity. The Biodiversity Management Committees shall facilitate preparation of people's Biodiversity Registers. The Register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them. The Zila Biodiversity Management Committee shall be responsible for developing a district wide network of People's Biodiversity Registers database. The People's biodiversity Registers shall be prepared at the Gram Sabha/ Panchayat/ Municipality/ Municipal Corporation Biodiversity Management Committee level by using the process and the format set by the Board. The Biodiversity Management Committees and local bodies will be responsible for ensuring the protection of the knowledge recorded in the People's Biodiversity Registers, especially to regulate its access to outside agencies and individuals.

(10)

The other functions of the Biodiversity Management Committee are to advise on any matter referred to it by the State Biodiversity Boardor Authority for granting approval, to maintain data about the local vaids and practitioners using biological resources,

(11)

The Zila and Janpad Biodiversity Management Committees shall strive to main stream biodiversity conservation concerns in the developmental planning at local level.

(12)

The Board shall provide guidance and technical support to the Biodiversity Management Committees for preparing People's Biodiversity Registers, and shall ensure that all information recorded in such Registers receives legal protection against misuse and appropriation by outside agencies and individuals.

(13)

The committee shall also maintain a Register giving information about the details of the access to biological resources and traditional knowledge granted, details of the collection fee imposed and details of the benefits derived and the mode of their sharing.

(14)

The Biodiversity Management Committee at Gram Sabha/ Panchayat/ Municipality/ Municipal Corporation level may decide the terms on which  it would permit access to biodiversity resources and associated knowledge to different parties for various purposes within their jurisdiction and levy charges by way of collection fees from any person for accessing or collecting any biological resources for commercial purpose from the area falling with in its jurisdiction. The major share of levy charged for the material collected/ cultivated from private land should be given to the owner/ cultivator of the land/ knowledge holder/s and the balance should be deposited in Local Biodiversity Fund of Biodiversity Management Committee. The levy charged for the material collected/ cultivated from government land should be totally deposited in Local Biodiversity Fund of Biodiversity Management Committee.

(15)

The Board shall provide guidelines for terms of access and fee collection by the Biodiversity Management Committees.

(16)

The Gram Sabha/ Gram Panchayat/ Municipality/ Municipal Corporation level Biodiversity Management Committees shall prepare a Biodiversity Management Plan using output from People's Biodiversity Register and will be responsible for or participate in its implementation.

(17)

The local bodies shall ensure that the Biodiversity Management Committees are integrated with the functioning of existing local institutions by cross-membership, regular coordination meetings, and other such measures, as determined by the local bodies or as specified by the Board.

(18)

The other functions of the Biodiversity Management Committees are to advise on any matter referred to it by the State Biodiversity Board or Authority for granting approval, to maintain data about the local vaids and practitioners using the biological resources.

23.

Utilisation of  Local Biodiversity Fund:

(1)

The Local Biodiversity Fund shall be utilized strictly in accordance with the provisions of sub-section (2) of section 44  of the Act which states that the fund shall be used for conservation and promotion of biodiversity in the areas falling within the jurisdiction of the concerned local body and for the benefit of the community in so far such use is consistent with conservation of biodiversity.

(2)

The Fund shall be deposited in a Nationalized Bank/ scheduled Bank approved by the Biodiversity Management Committee and it shall be operated by the Chairperson of the Committee under his seal and signature or any other officer of the Biodiversity Management Committee as may be authorized in this behalf.

24.

Annual Report and Annual Statement of Accounts of Biodiversity Management Committee:

 (1) The Biodiversity Management /committee shall prepare the annual report for each year giving detailed accounts of its activities.  The annual report shall invariably contain,

a.

the name of the Committee

b.

the period to which the report relates

c.

the incumbency of office for the period

d.

detailed statement of programmes of action for the year

e.

detailed report on the activities performed during the year

f.

a brief account of financial position of the Committee

(2)

The accounts of the Local Biodiversity fund shall be audited by the Examiner of Local Fund Audits.

(3)

The Biodiversity Management Committee shall submit the annual report together with the audited statement of accounts to the local body concerned by the 30th of the month of September following, to enable the Local Body to submit it to the District Collector.

25.

Removal of doubts:

 Where  a doubt arises as to the interpretation of  any of the provisions of these rules, the matter shall be referred to the Government, whose decision thereon shall be final.

26.

Apeal for settlement of disputes:

 

(1)

If a dispute arise between the authority and board or between one Board and other Board(s) on account of implementation of any order/direction or on any issue of policy decision, either of the aggrieved parties i.e. , Authority or the board, as the case may be, prefer an appeal under section 50 of the act, in form II appended to these rules to the Secretary, Ministry of Environment and Forests Government of India or to the Chairperson, National Bio-Diversity Authority in the case of dispute between one Board and other Board (s)

 

(2)

The memorandum of appeal shall state the facts of the case, the grounds relied up on by  the appellant and the relief sought for, for preferring the appeal and shall be accompanied by an authenticated copy of the order, direction or policy decision, as the case may be, by which the appellant is aggrieved. The memorandum of appeal shall be duly signed by the authorized representative of the appellant.

 

(3)

The memorandum of appeal shall be submitted in quadruplicate accompanied with the authenticated copy of the order, directions or policy decisions as the case may be, by which the appellant is aggrieved, either in person or through a registered post with acknowledgement due, with in 30 days from the date of the order, direction or policy decision. Provided that if the appellate authority is satisfied that there was good and sufficient reason for the delay in preferring the appeal, the appellate authority, for reasons to be recorded in writing allow the appeal to be preferred after the expiry of the aforesaid period of 30 days but before the expiry of 45 days from the date of the order, direction, or policy decision as the case may be.

 

(4)

The notice for hearing of the appeal shall be given in form III by a registered post with an acknowledgement due.

 

(5)

Every memorandum of appeal shall be accompanied by a fee of Rs. 100/-

 

(6)

The Board shall similarly lay down the procedure for settlement of disputes between Board and the Biodiversity Management Committees or amongst Biodiversity Management Committees, and between Biodiversity Management Committee and relevant local bodies.

           

 

Place :

Date :                                                                              By Order with name of Government

                     of Kerala State

 

                --------------------------------------------

 

                Secretary to Government

 

 

 

 

 

 

FORM I

(See rule 18)

Application form for access to / collection of Biological resources for commercial utilization and associated traditional Knowledge

 

Part A

1. Full particulars of the applicant.

              (i) Name                     :

             (ii) Permanent address:

(iii) Address of the contact person / agent, if any, in India:

(iv) Profile of the organization (personal profile in case the applicant is an  

       individual). Please attach relevant documents of authentication):

             (v) Nature of business:

            (vi) Turnover of the organization in Indian rupee

2. Details and specific information about nature of access sought and biological material and/or associated knowledge to be accessed:-

 

    (i) Identification (scientific name) of biological resources and its traditional use:

 

   (ii) Geographical location (including village, janpad, and district) of proposed collection:

 

  (iii) Description / nature of traditional knowledge and its existing manifestations and uses (oral / documented):

 

  (iv) Any identified individual / family / community holding the traditional knowledge:

 

   (v) Quantity of biological resources to be collected:

 

  (vi) Time span in which the biological resources are proposed to be collected:

 

 (vii) Name the number of persons authorized by the company for making the collection.

 

(viii) The purpose for which the access is requested including the type and extend of research, commercial use being derived and expected to be derived from it:

 

  (ix) Whether any collection or use of the resource endangers any component of biological diversity and the risks which may arise from the access.

3. Estimation of benefits, that would flow to communities arising out of the use of 

 accessed bio resources and traditional knowledge.

4. Proposed mechanism and arrangements for benefit sharing.

5. Any other information

 

Part B

Declaration

 

I/ we declare that the collection and use of the proposed biological resources shall not ,

·        Adversely affect the sustainability of the resources;

·        Entail any environmental impact;

·        Pose any risk to biodiversity, including ecosystems, species and genetic diversity;

·        Adversely affect the local communities;

 

I/we undertake to pay any fee and/ or royalty, as may be levied by the Board or Biodiversity Management Committees. I/we further undertake to furnish any irrevocable bank guarantee, as may be prescribed by the Board.

             

  I/we further declare the information provided in the application form is true and  

  correct and I /we shall be responsible for the accuracy.

 

 

Signature of the Applicant

Name of the Applicant

 

Place

Date

 

 

 

 

 

 

 

FORM II

Form of Memorandum of Appeal

(see Rule 26)

 

BEFORE THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, Government of India, NEW DELHI

 

OR

 

CHAIR PERSON, NATIONAL BIODIVERSITY AUTHORITY

(as the case may be)

 

(Memorandum of appeal under section 50 of the Biological Diversity Act, 2002)

 

Appeal No.   …………….. of 200

 

            -----------------------------------                                         …….Appellant

-----------------------------------

                                               

Vs. 

-----------------------------------                                        …….Respondent (s)

-----------------------------------

 

      (here mention the designation of the Authority/Board, as the case may be)

  The appellant begs to prefer this Memorandum of Appeal against the order dated --------------- passed by the Respondent on the following facts and grounds.

1.      FACTS:

(Here briefly mention the facts of the case):

2.      Grounds:

(Here mention the grounds on which the appeal is made):

i.)

ii.)

iii.)

3.      RELIEF SOUGHT:i)

ii)

iii)

4.      PRAYER:

a)      In the light of what is stated above, the appellant respectfully prays the order/decision of the respondent be quashed/set-aside.

b)      The policy/guidelines/rules/regulations framed by the Respondent be quashed/modified/annulled        to                                                    the         extent-------------------------------------------------------------------------

c)      ----------------------------------------------------------

       5. The amount of Rs. ----------- (Rupees---------------------------) as fee for this appeal has been paid to ----------------vide order No.--------------------dt.----------------     

Signature of the appellant

Place:-------------                                                                     With Seal

Dated:------------                                                                    Address:

 

 

 

 

VERIFICATION

                    I , the appellant do hereby declare that what is stated above is true to the best of my information and belief.

 

                  Verified on -------------- day of --------------

 

Signature of the appellant

With Seal

Address

 

 

Signature of the Authorized representative of the appellant

 

Enclosures: Authenticated copy of the order, direction or policy decision, against which                       the appeal has been preferred.

 

 

 

 

 

 

FORM III

FORM OF NOTICE

(see Rule 26 (4)

 

By Registered Post/Acknowledgement due

BEFORE THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS, Government of India, NEW DELHI

 

OR

 

CHAIR PERSON, NATIONAL BIODIVERSITY AUTHORITY

(as the case may be)

Appeal No ……………..of 200…

 

Between

------------------                                           :Appellant(s)

-----------------------------------

-----------------------------------

Vs

 

----------------------------------

----------------------------------                   :Respondent(s)

----------------------------------

 

To,

---------------------------------

---------------------------------

---------------------------------

 

NOTICE

Please take the notice that the above appeal filled by the appellant, against the order,/direction policy decision (Give details) is fixed for hearing on--------------------- at -----------------------.

 

The copies of the Memorandum of appeal and other annexure filled along with the appeal are sent here with for your reference.

 

Please note that  if you fail to appear on the said date ot other subsequent date of hearing of the would be disposed on finally by placing you ex-parte.

 

Authorized signatory on behalf of the Appellate authority

(Seal)

 

Place:-----------

Dated:----------

 

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