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Approval for accessing biological resources of the state

(Section 7 of The Biological Diversity Act, 2002)

 

  • Section 7 of The Biological Diversity Act, 2002 :

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.

  • Procedure for access to biological resources :

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.

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The services of the Board (disposing of applications for Commercial Utilization of Bio-resources) comes under the purview of the West Bengal Right to Public Service Act, 2013 as notified by following notification.

NOTIFICATION :WEST BENGAL RIGHT TO PUBLIC SERVICE ACT, 2013

Standard Operating Procedure for delivery of service
(application for commercial utilization of bio-resources)

1. The applicant intending to access biological resources from West Bengal for commercial utilization shall have to apply in Form-I, along with a onetime Application fee of Rs. 5000/- (demand draft) in favour of West Bengal Biodiversity Board, payable at Kolkata, and with necessary documents (forms and checklist of supporting documents needed are available in the Board’s official website).
2. After perusal of the submitted application by the designated officer of the Board, if the application is found to be correct in all respect, an acknowledgement shall be issued to the applicant mentioning the due date of service to be provided. If the application is found incomplete and need some corrections, the applicant will be instructed to incorporate necessary modifications and resubmit it to the Board.
3. The applications complete in all respect will be scrutinized by the Expert Committee on Commercial Utilization of Bio-resources constituted by the Board for this purpose.
4. If necessary, Expert Committee may call the applicant for a personal hearing at the office of the Board on a stipulated date.
5. On the recommendation of the committee, the applicants (who are coming under the purview of Access and Benefit Sharing [ABS]) shall be requested to sign the ABS Agreement (as per the Guidelines on Access to Biological Resources and Associated Knowledge and Benefit Sharing Regulations, 2014). Where the applicant will not come under the purview of ABS, will be communicated accordingly.
6. On signing of ABS Agreement and depositing the computed ABS amount, a Certificate for Accessing Biological Resources (mentioned in Schedule A of Agreement) will be issued.

Following are the format of acknowledgement and forms of appeal as per WBRTPS Act, 2013 :

Acknowledgement (as per WBRTPS Act, 2013)
Form of appeal to the Appellate Officer aaaaa (as per WBRTPS Act, 2013)
Form of appeal to the reviewing Officer aaaaa (as per WBRTPS Act, 2013)

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Guidelines on Access to Biological Resources and Associated Knowledge and Benefits Sharing Regulations, 2014.

Following are the documents required for Access to Bio- resources for Commercial Utilization :

Form I- for application for access to biological resources and associated traditional knowledge aa aa aaaa aaaaaaaa[vide Rule 14 of Biological Diversity Rules, 2004]

Required Documents - Checklist regarding submission of the application for grant of consent for access and commercial utilization of bioresources

Form A -Information to be furnished for use of biological resources by the applicant (Self-disclosure)

Year wise details of bioresource utilization - to be furnished for use of biological resources by the applicant

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STATUS OF APPLICATIONS RECEIVED BY THE STATE BOARD FOR CONSENT TO ACCESS BIO-RESOURCES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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