These Rules are made in exercise of the powers conferred by section 62 of the Biological Diversity Act, 2002 (18 of 2003) and in supersession of the Biological Diversity Rules, 2004. The manner of selection of the Chairperson of the National Biodiversity Authority (Authority) established under sub-section (1) of section 8 of the Act is provided. The Rules lay down the provisions in respect of administration of the Authority including filling vacancies of Members and Member-Secretary of the Authority. The general functions of the Authority are stated, which include, administration of the National Biodiversity Fund, and sanctioning grants to the State Biodiversity Boards or Union territory Biodiversity Councils and Biodiversity Management Committees for specific purposes. The powers and duties of chairperson are laid down. The Rules provide for the procedure for access to biological resources and knowledge associated thereto. The measures for monitoring and regulating the use in India of biological resource or associated traditional knowledge obtained from any foreign country is provided. Further, procedure for obtaining a certificate of origin for cultivated medicinal plants and conducting non-commercial research or research for emergency purposes outside India by Indian researcher or institution is laid down. The Rules also make provisions in respect of the management and utilisation of National Biodiversity Fund, appeal for settlement of disputes under section 50 of the Act, and the factors to be considered while determining quantum of penalty by the Adjudicating Officer.
الهند · 2024-10-22