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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

A Pune biotech firm reads that the Biological Diversity Act, 2002 was brought into force in stages. It wants to know when Section 2, the definitions section, and Section 3, which regulates access, began operating. Based on the notifications in the official text, which statement is correct?

Section 2 came into force on 1 October 2003, while Section 3 came into force on 1 July 2004. Section 1(3) allows different dates for different provisions, and the notifications used exactly that staged approach.

  1. ASection 2 from 1 October 2003 and Section 3 from 1 July 2004Correct
  2. BBoth Sections 2 and 3 from 1 October 2003
  3. CSection 2 from 1 July 2004 and Section 3 from 1 October 2003
  4. DBoth Sections 2 and 3 from 1 July 2004

Explanation

Section 1(3) lets the Central Government appoint different dates for different provisions. The footnote lists Section 2 among those commenced on 1 October 2003, while Section 3 is in the list commenced on 1 July 2004. Option B wrongly treats both as one date.

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