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Maharashtra Biological Diversity Rules, 2008

Notified under the Biological Diversity Act, 2002 by the Government of Maharashtra

NOTIFICATION DATE
15 October 2008
DEPARTMENT
Forest Department
AUTHORITY
Govt. of Maharashtra

About These Rules

The Maharashtra Biological Diversity Rules, 2008 have been framed in exercise of the powers conferred under the Biological Diversity Act, 2002. These rules govern the conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising out of the use of biological resources and associated traditional knowledge in the state of Maharashtra.

Contents

1

Short title and commencement

(1) These rules may be called the Maharashtra Biological Diversity Rules, 2008.

(2) They shall come into force on the date of their publication in the Official Gazette.

2

Definitions

In these rules, unless the context otherwise requires:

"Act"

The Biological Diversity Act, 2002 (18 of 2003)

"Authority"

The National Biodiversity Authority established under sub-section (1) of section 8 of the Act

"Board"

The State Biodiversity Board established by the State Government under sub-section (1) of section 22 of the Act

"Form"

A form appended to these rules

"Section"

A section of the Act

3

Composition of State Biodiversity Board

The State Biodiversity Board shall consist of the following members:

Chairperson

Appointed by the State Government

Ex-officio Members

Not exceeding five representatives from concerned departments

Expert Members

Not exceeding five persons having expertise in conservation and sustainable use of biological diversity

4

Functions of State Biodiversity Board

The Board shall perform the following functions:

Advise the State Government on matters relating to conservation of biodiversity

Regulate requests for commercial utilization or bio-survey and bio-utilization.

Advice on any matter referred to it by the State Government

Take measures to oppose threat to any species or genetic resources

Maintain database of biological resources and traditional knowledge

Build capacity for conservation and sustainable use of biological diversity

5

Fund and Accounts

State Biodiversity Fund

The State Government shall constitute a State Biodiversity Fund for the benefit of the Board.

Sources: Grants, donations, fees, and other receipts
Purpose: Conservation and promotion of biological diversity
6

Access to Biological Resources

Any person who intends to obtain any biological resource for commercial utilization shall give prior intimation to the State Biodiversity Board.

Application Process

1
Submit Application

File Form I with complete details of biological resource

2
Board Review

Board examines the application and may seek clarifications

3
Decision

Board grants or rejects permission within prescribed time

4
Terms & Conditions

Approval subject to benefit sharing and other conditions

7

Biodiversity Management Committees

Every local body shall constitute a Biodiversity Management Committee (BMC) within its area for the purpose of promoting conservation, sustainable use, and documentation of biological diversity.

Composition
  • Chairperson from local body
  • Representatives of local communities
  • Forest department nominee
  • Agriculture department nominee
Functions
  • Prepare People's Biodiversity Register
  • Advise on conservation measures
  • Maintain data on local biodiversity
  • Levy collection fees
8

Fees and Charges

Application Fees Structure
Application Type Fee Amount
Commercial utilization (Form I) ₹ 10,000
Bio-survey and bio-utilization (Form II) ₹ 5,000
Certificate issuance ₹ 2,000
9

Appeals

Appeal Process

Any person aggrieved by any order of the State Biodiversity Board may, within thirty days from the date of the order, prefer an appeal to the State Government.

Timeline: 30 days from order date
Authority: State Government
Format: Written application with grounds of appeal

Contact Information

Maharashtra State Biodiversity Board

Dr. Anandrao Nair Marg, Nagpur

Maharashtra, India

Legal Disclaimer:

This digital presentation is for reference purposes only. For all legal and official purposes, the original Gazette notification shall prevail.