the stand of the state government and the developments as revealed in the records placed before the court by ..... 2003 issued under rule 59 of the rules had been issued just in the wake of enactment of biological diversity act, 2002 [act no 18 of 2003] by the indian parliament the preamble to this act reads as under: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 ..... contribute to peace for humankind,desiring to enhance and complement existing international arrangements for the conservation of biological diversity and sustainable use of its components, anddetermined to conserve and sustainable use biological diversity for the benefit of present and future generations.140.

According to the International Union for Conservation of Nature (IUCN), 17,291 species out of 47,677, are threatened with extinction. Every year, the ‘International Day of Biodiversity’ is observed on May 22 in most government departments, educational institutions and other conservation-oriented organisations. A second chance for retrospective NBA approval was also given through a memorandum issued in March 2019 that extended the opportunity through May 17, 2019.

Moreover commercial utilization has been defined in section 2, which also specifically excludes traditional practices and use in agriculture, horticulture, poultry, dairy farming, animal husbandry etc.

the decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals ..... ..... the state government is also obliged to respect the object and intention of such enactment and all its actions and decisions should be one conforming the provisions of the biological diversity act, 2002 and rules framed thereunder, both in letter and spirit. 41532 of 2012) filed by a non-governmental organization before the Karnataka High Court regarding the illegal transfer of brinjal germplasm by Tamil Nadu Agricultural University and the University of Agricultural Sciences (UAS) in Dharward to Maharashtra Hybrid Seeds Co (Mahyco), an agricultural products company and the Indian partner of US agribusiness giant Monsanto, is also a well-known case for biopiracy. Further, there is confusion whether the applicant should be liable to share benefits with the NBA when the applicant has paid at the time of purchase the value for oil used to the retailer of the trader or manufacturer. in the alternate, it is prayed that to the extent the said rule envisages equitable sharing of benefits by the indian entities, it should be declared ultra vires to the provisions of the biological diversity act, 2002 and, therefore, unconstitutional. the details shows that he is a habitual offender. If the money had been realised through implementation of the Act, it could have been utilised for conservation of forests, wildlife, ecosystems and other bio-resources.

© Conventus Law 2020 All Rights Reserved. It also provides for issues related to traditional knowledge under the umbrella of associated knowledge within various provisions of the Biological Diversity Act, 2002.

Though 17 years have passed since the enactment of the Act, most of the local bodies of 23 states have not prepared the People’s Biodiversity Registers (PBRs), which are considered to be the basic records of a region’s biological resources such as plants, animals and the traditional knowledge of the local people. Further, if the breach or default committed involves violation of any provisions of the act, appropriate legal proceedings shall be initiated under Section 61of the act.



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