( 1) Any citizen of India or a body corporate, association or organization registered in India seeking access to / collection of biological resources for commercial utilization or bio-survey and bio-utilisation for commercial utilisation with the exception of those as provided in the proviso to Section 7 of the Act, shall make an application to the Board in Form-1 appended to these rules. Every application for commercial utilization shall be accompanied with a demand draft of Rs. 1,000 /- in favour of Biodiversity Board;
(2) The Board, after due evaluation of the application, consultation with the concerned local bodies and collecting such additional information as it may deem necessary, shall take decision on the application as far as possible within a period of 3 months of receipt of the same;
In this context, the word "consult", for the purposes of the Act, includes the following steps, inter alia: -
(a) 1ssu1ng of public notice of the proposal for access/ collection in local languages;
(b) discussion/ dialogue with the general assembly of the local body; and G:\BOIGYYY Hindi and Englesh\BOYJA jav vividhta\C.G. Biodiversity Rules, 2015 final.docx Page 11 , C3J
(c) formal consent from the assembly after being provided adequate information about the proposal and its implications for conservation and livelihoods.
(3) On being satisfied with the merit of the application, the Board may allow the application or restrict any such activity if it is of the opinion that such activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or equitable sharing of benefits arising out of such activity;
(4) A written agreement duly signed by an authorized officer of the Board and the applicant shall regulate commercial utilization or bio-utilization of biological resource;
(5) The conditions for access to/ collection may specifically provide measures for conservation and protection of biological resources to which the access to/ collection is being granted;
(6) The Board may reject the application, if it considers that the request cannot be acceded to, after recording the reasons thereof.
Before passing an order of rejection, the applicant shall be given a reasonable opportunity of being heard;
(7) Any information given in the form referred to in the sub-rule
(1) for prior intimation shall be kept confidential and shall not be disclosed, either intentionally or unintentionally, to any person not concerned thereto.