India is a party to the United Nations Convention on Biological Diversity (CBD) signed at Rio de Janeiro on the 5th day of June, 1992 which came in force on the 29th December, 1993.
The said Convention has the main objective of conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of utilization of genetic resources. It is considered necessary to provide for conservation, sustainable utilization and equitable sharing of the benefits arising out of utilization of genetic resources and also to give effect to the said Convention.
The Biological Diversity Act, 2002 is the Act enacted by the Parliament of India to meet the obligations under the Convention on Biological Diversity (CBD).
The Biological Diversity Act, 2002 is 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 use of biological resources, knowledge and for matters connected therewith or incidental thereto.
As per Section 22 of the Biological Diversity Act, 2002, notwithstanding anything contained in this section, no State Biodiversity Board shall be constituted for a Union territory and in relation to a Union Territory, the National Biodiversity Authority shall exercise the powers and perform the functions of a State Biodiversity Board for that Union Territory. As per Section 7 of this Act, no person, who is a citizen of India or a body corporate, association or organisation which is registered in India, shall obtain any biological resource for commercial utilisation, or bio-survey and bio-utilisation for commercial utilisation except after giving prior intimation to the State Biodiversity Board concerned, which is for NCT of Delhi would be National Biodiversity Authority.
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