(1) If a dispute arises between the Authority or a State Biodiversity Board or between one Board and other Board(s) on account of implementation of any order or direction or on any issue of policy decision, either of the aggrieved parties i.e. , Authority or the Board, as the case may be, prefer an appeal to the Central Government under section 50, in Form V to the Secretary, Ministry of Environment and Forests, Government of India
(2) In case the dispute arises between a State Biodiversity Board and another state Biodiversity Board or Boards, the aggrieved Board or Boards, shall prefer the point or points of dispute to the Central Government which shall refer the same to the Authority.
(3) The memorandum of appeal shall state the facts of the case, the grounds relied upon by the appellant, for preferring the appeal and the relief sought for.
(4) The memorandum of appeal shall be accompanied by an authenticated copy of the order, direction or policy decision, as the case may be, by which the appellant is aggrieved and shall be duly signed by the authorised representative of the appellant.
(5) The memorandum of appeal shall be submitted in quadruplicate, either in person or through a registered post with Acknowledgement due, within 30 days from the date of the orders, direction or policy decision, impunged provided that if the Central Government is satisfied that there was good and sufficient reason for the delay in preferring the appeal, it may, for reason to be recorded in writing, allow the appeal to be preferred after the expiry of the aforesaid period of 30 days but before the expiry of 45 days from the date of the orders impugned, direction or policy decision, as the case may be.
(6) The notice for hearing of the appeal shall be given in Form VI by a registered post with an acknowledgement due.
(7) The Central Government shall, after hearing the appellant and the other parties, dispose of the appeal.
(8) In disposing of an appeal it may vary or modify or cancel impugned order, direction or policy, as the case may be.
(9) In adjudicating a dispute, the Authority shall be guided by the principles of natural justice and as far as practicable, follow the same procedure which the Central Government is required to follow under this rule.
24. Manner of giving notice under Section Section 61
(1) The manner of giving notice, under clause (b) of section 61, shall be as follows namely:-
(i) The notice shall be in writing in Form VII.
(ii) The person giving the notice may send it to ,-
(a) If the alleged offence has taken place in a Union territory, to the Chairperson of the National Bio-diversity Authority; and
(b) If the alleged offence has taken place in a State, to the Chairperson of the State Bio-diversity Board
(2) The notice referred to in sub-rule (1) shall be sent by registered post acknowledgement due; and
(3) The period of thirty days mentioned in clause (b) of section 61 shall be reckoned from the date, the notice is received by the Authorities mentioned in sub-rule (1).
Schedule FORM I (see rule 14) Application form for access to Biological resources and associated traditional knowledge Part A
(i) Full particulars of the applicant
(ii) Name:
(iii) Permanent address:
(iv) Address of the contact person / agent, if any, in India:
(v) Profile of the organization (personal profile in case the applicant is an individual). Please attach relevant documents of authentication):
(vi) Nature of business:
(vii) Turnover of the organization in US$:
2. Details and specific information about nature of access sought and biological material and associated knowledge to be accessed a) Identification (scientific name) of biological resources and its traditional use:
b) Geographical location of proposed collection:
c) Description / nature of traditional knowledge ( oral / documented):
d) Any identified individual / community holding the traditional knowledge:
e) Quantity of biological resources to be collected (give the schedule):
f) Time span in which the biological resources is proposed to be collected:
g) Name and number of person authorized by the company for making the selection:
h) The purpose for which the access is requested including the type and extent of research, commercial use being derived and expected to be derived from it:
i) Whether any collection of the resource endangers any component of biological diversity and the risks which may arise from the access:
3. Details of any national institution which will participate in the Research and Development activities.
4. Primary destination of accessed resource and identity of the location where the R&D will be carried out.
5. The economic and other benefits including those arriving out of any IPR, patent obtained out of accessed biological resources and knowledge that are intended, or may accrue to the applicant or to the country that he/she belongs
6. The biotechnological, scientific, social or any other benefits obtained out of accessed biological resources and knowledge that are intended, or may accrue to the applicant or to the country that he/she belongs
7. Estimation of benefits, that would flow to India/ communities arising out of the use of accessed bioresources and traditional knowledge
8. Proposed mechanism and arrangements for benefit sharing.
9. Any other information considered relevant.
Part B Declaration I/ we declare that:
• Collection of proposed biological resources shall not adversely affect the sustainability of the resources;
• Collection of proposed biological resources shall not entail any environmental impact;
• Collection of proposed biological resources shall not pose any risk to ecosystems;
• Collection of proposed biological resources shall not adversely affect the local communities;
I/we further declare the Information provided in the application form is true and correct and I /We shall be responsible for any incorrect / wrong information.
Signed Name Title Place Date FORM II (see Rule 17) Application for seeking prior approval of National Biodiversity Authority for transferring the results of research to foreign nationals, companies, NRI`s, for commercial purposes.
1. Full particulars of the applicant i) Name ii) Address:
iii)Professional profile iv)Organizational affiliation (Please attach relevant documents of authentication):
2. Details of the results of research conducted
3. Details of the Biological resources and /or associated knowledge used in the research.
4. Geo-graphical location from where the biological resources used in the research are collected 5 Details of any traditional knowledge used in the research and any identified individual /community holding the traditional knowledge
6. Details of institution where R&D activities carried out.
7. Details of the individual / organization to whom the research results are intend to transfer.
8. Details of economic, biotechnological, scientific or any other benefits that are intended, or may accrue to the individual /organization due to commercialization of transferred research results.
9. Details of economic, biotechnological, scientific or any other benefits that are intended, or may accrue to the applicant seeking approval for transfer of results of research.
10. Details of any agreement or MOU between by the proposed recipient and applicant seeking approval for transfer of results of research.
Declaration I/we declare the Information provided in the application form is true and correct and I /We shall be responsible for any incorrect / wrong information.
Signed Name Title Place Date FORM III (See rule 18) Application for seeking prior approval of National Biodiversity Authority for applying for Intellectual Property Right
1. Full particulars of the applicant i) Name ii) Address:
iii) Professional profile iv) Organizational affiliation (Please attach relevant documents of authentication):
2. Details of the invention on which IPRs sought
3. Details of the Biological resources and /or associated knowledge used in the invention.
4. Geo-graphical location from where the biological resources used in the invention are collected
5. Details of any traditional knowledge used in the in the invention and any identified individual /communiti\y holding the traditional knowledge
6. Details of institution where Research and Development activities carried out.
7. Details of economic, biotechnological, scientific or any other benefits that are intended, or may accrue to the applicant due commercialization of the invention.
Declaration I/we declare the Information provided in the application form is true and correct and I /We shall be responsible for any incorrect / wrong information.
Signed Name Title Place Date FORM IV (See rule 19) Application form for seeking approval of National Biodiversity Authority for third party transfer of the accessed Biological resources and associated traditional knowledge.
1. Full particulars of the applicant
(i) Name
(ii) Address:
(iii) Professional profile
(iv) Organizational affiliation (Please attach relevant documents of authentication):
2. Details of the biological material and traditional knowledge accessed.
3. Details of the access contract entered (Copy to be enclosed)
4. Details of the benefits and mechanism / arrangements for benefit sharing already implemented.
5. Full particulars of the third part to whom the accessed material / knowledge is intended to transfer.
6. The purpose of the intended third party transfer.
7. Details of economic, social, biotechnological, scientific or any other benefits that are intended, or may accrue to the third party due to transfer of accessed biological material and knowledge.
8. Details of any agreement to be entered between the applicant and the third party.
9. Estimation of benefits that would flow to India/ communities arising out of the third party transfer of accessed biological resources and traditional knowledge
10. Proposed mechanism and arrangements for benefit sharing arising out of the proposed third party transfer.
11. Any other relevant information Declaration I/we declare the Information provided in the application form is true and correct and I /We shall be responsible for any incorrect / wrong information.
Signed Name Title Place Date FORM V (See rule-23(1) Form of Memorandum of Appeal BEFORE THE ________MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI OR NATIONAL BIODIVERSITY AUTHORITY (as the case may be) (Memorandum of appeal under Section 50 of the Biological Diversity Act,
2002.)
Appeal No. ____________of 200 ______________________ ______________________ ……Appellant (s) Vs.
_____________________ _____________________ ……Respondent(s) (here mention the designation of the Authority/ Board, as the case may be ) The appellant begs to prefer this Memorandum of Appeal against the order dated _________ passed by the Respondent on the following facts and grounds.
1. FACTS:
(Here briefly mention the facts of the case):
2. GROUND:
(Here mention the grounds on which the appeal is made) :
i.)
ii.)
iii.)
3. RELIEF SOUGHT:
i) ii) iii)
4. PRAYER:
a) In the light of what is stated above, the appellant respectfully prays that the order/decision of the respondent be quashed/set-aside .
b) The policy/guidelines/regulation framed by the Respondent be quashed /modified/annulled to the extent__________________ _____________________________________ c)_______________________________________ Place:___________ Signature of the appellant Dated:__________ with Seal Address:
VERIFICATION I , the appellant do hereby declare that what is stated above is true to the best of my information and belief .
Verified on ____day of_______.
Signature of the appellant With Seal Address Signature of the Authorised representative of the appellant Enclosures: 1. Authenticated copy of the order/direction/policy decision, against which the appeal has been preferred.
FORM VI (See rule 28) BEFORE THE _____________ MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI OR NATIONAL BIODIVERSITY AUTHORITY (as the case may be) Appeal No. __________ of 200 Between :
_____________________________ ______________________________ … Appellant(s) Vs.
_____________________________ _____________________________ … Respondents(s) NOTICE Please take notice that the above appeal filed by the appellant, against the order/direction/policy decision (give details) is fixed for hearing on _________ at ________.
The copies of the appeal memorandum and other annexure filed alongwith the appeal are sent herewith for your reference.
Please note that if you fails to appear on the said date or other subsequent date of hearing of the appeal, the appeal would be disposed of finally by placing you ex-parte.
Authorised signatory on behalf of the Appellate Authority (Seal) Date: ______ Place : _____ FORM VII FORM OF NOTICE (See rule 24 (1) By Registered Post/Acknowledgement due From, Shri _________________ _____________________ _____________________ To, _____________________ _____________________ _____________________ Sub: NOTICE UNDER SECTION 61(b) OF THE BIOLOGICAL DIVERSITY ACT, 2002.
Whereas an offence under the Biological Diversity Act, 2002 has been committed/is being committed by______________________________________________________
2. I/we hereby give notice of 30 days under Section 61(b) of the Biological Diversity Act, 2002 of my /our intention to file a complaint in the Court against _______________________for violation of the provisions of the Biological Diversity Act, 2002.
3. In support of my/our notice , I am/we are enclosing herewith the following documents as evidence of proof.
Place:________ Dated:________ Signature EXPLANATION:
(1) In case the notice to be given in the name of a company, documentary evidence authorising the person to sign the notice on behalf of the company shall be enclosed to the notice.
(2) Give the name and address of the alleged offender. In case of using biological resource/ knowledge/research/bio-survey and bio utilisation /the intellectual property right /patent , without the approval of the Authority, the details thereof and the commercial utilisation if any, may be furnished.
(3) Documentary evidence shall include photograph, technical report etc.
for enabling enquiry into the alleged violation/offence.
[ No. J 22018/57/2002 CSC (BC)] (Desh Deepak Verma) Joint Secretary NOTIFICATION New Delhi, Thursday, April 15, 2004 Form of Memorandum of Appeal BEFORE THE ________MINISTRY OF ENVIRONMENT AND FORESTS, NEW DELHI OR Appeal No. ____________of 200 VERIFICATION Address Signature of the Authorised representative of the appellant FORM VII From,