Procedure for access to collection of biological resources for commercial utilization
- As per Section 7, 23 & 24 of Biological Diversity Act,2002 read with Rule 4 of the Punjab Biological diversity Rules, 2016, any citizen of India or a Body Corporate, Organization or Association registered in India who are accessing/collecting biological resources from the state for commercial utilization, are required to intimate & take approval of Punjab Biodiversity Board.
- All the industries, manufacturers, traders accessing/utilizing biological resources from Punjab or having their manufacturing and trading unit in Punjab are hereby notified to comply with the legal provisions of the Act and submit an application to the Board in the Form-I appended to Punjab Biological Diversity Rules, 2016 and Form-A appended with Guidelines for Access and Benefit Sharing (ABS) for Biological Resources and associated Traditional Knowledge (TK) and Benefit Sharing Regulations, 2014 along with a fee of Rs. 5000/- in the form of a Demand Draft in favour of “Punjab Biodiversity Board” payable at Chandigarh. The application along with the prescribed fee shall be submitted to Punjab Biodiversity Board within 3 months of issuance of this notice.
- Voluntary disclosure for access of biological resources for the purposes of research before or after accessing/obtaining biological resources or traditional knowledge of such biological resources, occurring within Punjab State should be given in prescribed form (Form-IA) along with a Cheque or Demand Draft amounting to Rs. 100/- in favour of the Punjab biodiversity Board payable at Chandigarh.
- As per ABS Regulation Guidelines, 2014, the benefit sharing obligations on purchase price of biological resources are as under:
- Traders: 1.0 – 3.0%
- Manufacturers: 3.0 – 5.0%
Or
- Option to pay the benefit sharing at the following graded percentages of the annual gross ex-factory sale of the product minus Govt. taxes:
| Annual Gross ex-factory sale of product | Benefit sharing component |
|---|---|
| Upto Rs. 1 Crore | 0.1% |
| Rs. 1 Crore to 3 Crore | 0.2% |
| above Rs. 3 Crore | 0.5% |
- Sharing of Benefits is to be carried out as under:
Approval granted by National Biodiversity Authority, Govt. of India
- 95% of the accrued benefits shall go to concerned BMC/benefit claimers
- 2.5% each of the accrued benefits to NBA and SBBs as administrative charges.
Approval granted by SBBs/UTBCs
- 95% of the accrued benefits shall go to concerned BMC/benefit claimers
- 5% of the accrued benefits to SBB as administrative charges.
- Non-monetary benefit options such as undertaking development work and creating infrastructure related to conservation of biological resources, technology transfer, education, capacity building, training, etc.
- As per section 58 of Act, violations to the provisions of the Act are cognizable & non-bailable and shall attract penalty as provided under Sections 55, 56 & 57.
Important Legislation/Guidelines related to Access and Benefits Sharing (ABS)
- Lists of Biological Resources notified as Normally Traded Commodities (NTC) under section 40 of Biological Diversity Act, 2002
Public Notice
Application Forms related to Access and Benefit Sharing
- Form-I for seeking approval of Punjab Biodiversity Board for access to Biological Resources and associated traditional knowledge (Word ) (PDF)