No person, who is a citizen of India or a body corporate, association or organisation which is registered in India, shall obtain any biological reosurce for commercial utilisation, or bio-survey and bio-utilisation for commercial utilisation except after giving prior intimation to the State Biodiversity Board concerned :
Provided that the provisions of this section shall not apply to the local people and communities of the area, including growers and cultuivators of biodiversity, and vaids and hakims, who have been practising indigenous medicine.
1) Every person, who is a citizen of India, or body corporate, or association or organisation, which is registered in India, aa aaintending to undertake any activity referred to in section 7 shall give an intimation by way of an application to the Board in aathe form appended to these rules before sixty days of undertaking such activity :
aaProvided that the Board shall have power to call upon any such person, body corporate, association or organisation to aafurnish such information or documents for examination, which, in opinion of the Board, is necessary for undertaking such aaactivity.
aa(1a) Every application made under sub-rule(1) shall be accompanied by a fee of five thousand rupees in the form of a aa aademand draft, drawn in favour of the Board.
2) On receipt of the application under sub-rule(1), the Board shall, after consultation with the concerned local bodies and aaafter making such enquiries as it may deem necessary, issue order of approval within a period of forty-five days subject aato such conditions as mentioned in sub-rule 5.
3) While issuing the order of approval as mentioned in sub-rule(2), the Board may, if it is satisfied with the merit of the aaaa aaapplication, grant approval to such activity or, if it is of the opinion that such activity is detrimental or contrary to the a a aaobjectives of conservation and sustainable use of biological diversity or equitable sharing of benefits arising out of such aa aaactivity, prohibit and restrict any such activity :
aaProvided that no order for prohibiting or restricting any such activity shall be made without giving an opportunity of being aaheard, to the person affected thereby.
4) Omitted.
5) The order conveying approval of the Board reffered to in sub-rule (2) shall inter alia include any or all of the following aaaconditions :-
(a) restriction to transfer the accessed biological resources and associated traditional knowledge to any third aaaparty without prior approval of Board ;
(b) obligation of the applicant to adhere to a limit set by the Board on the quality, of biological resources for aaawhich the applicant is seeking access ;
(c) gurantee to deposit with the repositories designated under section 39 a references sample of the biological aaaresources sought to be accessed to ;
d) submission of regular status report of research and other development to the Board ;
e) commitment to abide by the provisions of the Act, and the rules, regulations and orders made thereunder ;
f) commitment to take measures for conservation and sustainable use of biological resources sought to be a a aaaccessed to ;
g) commitment to minimize environmental impacts on account of the collection activities ;
h) the measures to be taken by the applicant for conservation and protection of biological resources to which aasuch access is being approved ;
i) such other conditions or restrictions as the Board may deem fit and proper to impose having regard to the aanature and description of the biological reosurces ;
5) The Board shall widely publicise, the approvals granted by it and shall regularly monitor compliance of the conditions on aaawhich the access to biological resources has been approved by it.
6) Omitted.
7) The Board shall widely publicise, the approvals by it and shall regularly monitor compliance of the conditions on which aa the access to the biological resources has been approved by it.
STATUS OF APPLICATIONS RECEIVED BY THE STATE BOARD FOR CONSENT TO ACCESS BIO-RESOURCES
