Important Notice  
      Download Form I      
 
 
Organizations using bio-resources for commercial purpose to share their benefit for Biodiversity Conservation in the State
         Any Person, Organization, Department, Private Company etc. using bio-resources from the State for commercial use are required to share benefit arising out of such commercial use which shall be deposited in the Biodiversity fund and used for promoting biodiversity conservation in the State. This fund shall be used for biodiversity conservation at local levels, for rural development; for reducing dependence on forests, afforestation and promoting bio-resource based livelihood. Biodiversity Management Committee shall be strengthened for ensuring biodiversity conservation at local levels.
 
“Bio-resource”
Biological Diversity Act, 2002 Section 2 (c):- “Biological resources” means plants, animals and micro-organisms or parts thereof, their genetic material and by products (excluding value added products) with actual or potential use or value, but does not include human genetic material.
 
"Bio-survey and bio-utilization"
Biological Diversity Act, 2002 Section 2 (d):- "bio-survey and bio-utilization" means survey or collection of species, sub-species, genes, components and extracts of biological resource for any purpose and includes characterization, inventorization and bioassay;
 
“Commercial Utilization of Bio-resource”
Biological Diversity Act, 2002 Section 2 (f) :- “Commercial utilization” means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping.
 
“Fair and equitable benefit sharing”
Biological Diversity Act, 2002 Section 2 (g):- “Fair and equitable benefit sharing” means sharing of benefits as determined by the National Biodiversity Authority under section 21.
 
Provisions of Biological Diversity Act, 2002, Biological Diversity Rules, 2004 and M. P. Biological Diversity Rules, 2004
 
“As per Section (7) and Rule 17 (1) ”
  • As per section (7) of Biological Diversity Act, 2002 and Rule 17 (1) of M. P. Biological Diversity Rules any person who is a citizen of India or a body corporate, association or organization which is registered in India shall obtain any biological resource from Madhya Pradesh for research or commercial utilization only after prior intimation to Madhya Pradesh State Biodiversity Board in Form – 1 (Application form for commercial use and associated traditional knowledge/ access to biological resources/ collecting of biological resources).
  • These organizations using bio-resources for commercial use shall under section 23 of the Biological Diversity Act, 2002 sign MoU with Board for sharing of benefits arising out of such use.
  • If such access is for research purpose a fee of Rs. 100/- and for commercial utilization fee of Rs. 1000/- shall be. Payable in the form of a cheque or demand draft payable to Member Secretary,M.P.State Biodiversity Board.
 
Penalties
 
“As per Section 55 (2) ”
Biological Diversity Act Section 55 (2) – As per section 55 (2):- Contravention of the provision of section 7 shall be punishable with imprisonment for a term which may extend to 3 years or with fine which may extend to 5 lakh rupees or with both.
 
“As per Section 56 ”
• Biological Diversity Act Section 56 :- Contravention of any direction given or order made by State Biodiversity Board shall be punished with a fine which may extend to 1 lakh or subsequent continuous offence with fine which may extend to 2 lakh rupees every day.
 
“As per Section 57 (1) ”
• Biological Diversity Act Section 57 (1) :- Where an offence or contravention under this Act has been committed by a company, every person who at the time the offence or contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence or contravention and shall be liable to be proceeded against and punished accordingly.
 
          Therefore all Organizations, Departments, Undertakings, Private Companies are hereby intimated that if they are using bio-resource for commercial purpose they shall under Biological Diversity Act, 2002 apply in prescribed Form – 1 to Member Secretary, Madhya Pradesh State Biodiversity Board with immediate effect.
 
          Online application in Form – 1 can be made on www.mpsbb.info. For details visit www.mpsbb.nic.in or contract Madhya Pradesh State Biodiversity Board, 26, 1st Floor, Kisan Bhawan, Arera Hills, Bhopal 462011, Telephone No. 0755-2554539, 2554549, 2764911, Fax No. 0755-2764912.
 
Classification of Industries/Organizations/Departments/Undertakings/Private Companies Using Bio-resources for Commercial Purpose
1. Herbal Industries 2. Forestry Based Industries, Minor Forest Produce Based Industries
3. Sugar Mills 4. Distilleries
5. All food processing units 6. Soya Industries
7. Spinning/Gining/Textile Mills 8. Other Agro and Bio based Industries
9. Coal Mining Industries (Government. Semi Government and Private) 10. Industries Using Coal Bio-resource (e.g. Cement and Steel Industries)
 
Government and Semi Government Department/Corporation
1. Forest Department 2. Minor Forest Produce (Trade and Development) Federation
3. Madhya Pradesh Forest Development Corporation 4. Fisheries Department and Fisheries Federation
5. Sericulture 6. All other Corporation using Bio-resource.
 
 
     
 
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