|
National Bio-Diversity Authority gives wake up call to state boards to comply with ABS notification
|
|
Shardul Nautiyal, Mumbai
March 31 , 2015
|
|
|
Following the ministry of environment and forests (MoEF)'s recent
notification on access to biological resources and benefits sharing
(ABS), the National Bio-Diversity Authority (NBA) has directed all the
state governments to comply with it in accordance with Biological
Diversity Act, 2002. According to a source associated with the
development, it might take some time for the state biodiversity boards
to implement the notification, failing which the central and state
governments will be losing the royalty meant for the sole aim of
biodiversity conservation.
The notification which came into
effect from November 21, 2014 states that when the biological resources
are accessed for commercial utilisation or the bio-survey and
bio-utilisation leads to commercial utilisation, the applicant shall
have the option to pay the benefit sharing ranging from 0.1 to 0.5 per
cent at the following graded percentages of the annual gross ex-factory
sale of the product which shall be worked out based on the annual gross
ex-factory sale minus government taxes.
National Green Tribunal
(NGT) which was until now awaiting a clear-cut and well-defined
guideline on ABS has also disposed of over dozen such concerned cases
recently following the MoEF's ABS notification, according to an official
associated with the development.
Cases of litigations were
pending with NGT Bhopal bench of Madhya Pradesh (MP) and in various
benches of High Court of MP. In 2012, companies had moved to courts when
Madhya Pradesh State Biodiversity Board (MPSBB) asked them to deposit
the stipulated amount on benefit sharing as per the Biological Diversity
Act, 2002.
Explains Dr R G Soni, former member secretary, MPSBB,
"Cases were pending at NGT for final order, awaiting the recently
notified guidelines on benefit sharing. Due to lack of uniform benefit
sharing guidelines, which is now notified, boards of all the states were
losing Rs. 25,000 crore every year since 2004. Similarly, NBA was also losing Rs. 10,000 crore every year since 2004. "
Dr
Soni is credited to have initiated the action during his tenure at
MPSBB following which companies moved to NGT. However, NGT approved the
actions taken by MPSBB finally.
State biodiversity boards have
hailed the notification as a welcome change as it will notify uniform
rules thus allowing them to collect from domestic and foreign companies a
certain percentage of their ex-factory gross sales of products using
biological resources and traditional knowledge.
As per the
Biological Diversity Act, 2002, Ayush manufacturer has the
responsibility to share details of the source from where the raw
material has been procured and also a certain percentage of the revenue
generated out of the production for its sustainable use.
According
to Section 7 and 24 (2) of the Act, organisations extracting
plant-based material for commercial purpose without intimation to state
biodiversity board are liable under Section 55 (2) of the Act and shall
be punishable with imprisonment which may extend up to three years with
fine or five years with fine or both.
Till date, over 34,000
Biodiversity Management Committees (BMCs) and 28 State Biodiversity
Boards (SBBs) have been set up under Section 22 (2) of the Act across
the country. Local bodies have constituted the BMCs in respective states
as per Section 41 of the Act. BMCs also prepare, maintain and validate
People’s Biodiversity Register (PBR) in consultation with the local
people. PBR gives information about the details of biological resources
and traditional knowledge.
|
|
|
|
|
|
|
|
TOPICS
|
That foods might provide therapeutic benefits is clearly not a new concept. ...
|
|
|
|
|