Chapter 5 of The Biological Diversity Act

1[(1) The National Biodiversity Authority shall, with the approval of the Central Government, make regulations to provide for access to biological resources and traditional knowledge associated thereto, and for determination of fair and equitable sharing of benefits.
(2) It shall be the duty of the National Biodiversity Authority to regulate any activity referred to in sections 3, 4 and 6 by granting or rejecting approvals.]
(3) The National Biodiversity Authority may–
(a) advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and 2[fair and equitable] sharing of benefits arising out of the utilisation of biological resources;
(b) advise the State Governments in the selection of areas of biodiversity importance to be notified under sub-section (1) of section 37 as 3[biodiversity heritage sites] and measures for the management of such heritage sites;
4[(ba) advise the State Biodiversity Boards on any matter relating to the implementation of the Act;]
(c) perform such other functions as may be necessary to carry out the provisions of this Act.
5[(4) The National Biodiversity Authority may, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource which is found in or brought from India, including those deposited in repositories outside India, or traditional knowledge associated thereto accessed.]1. Subs. by Act 10 of 2023, s. 16, for sub-sections (1) and (2) (w.e.f. 1-4-2024).
2. Subs. by s. 16, ibid for “equitable” (w.e.f. 1-4-2024).
3. Subs. by s. 16, ibid., for “heritage sites” (w.e.f. 1-4-2024).
4. Ins. by s. 16, ibid. (w.e.f. 1-4-2024).
5. Subs. by s. 16, ibid., for sub-section (4) (w.e.f. 1-4-2024).

(1) Any person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation or transfer the results of any research relating to biological resources occurring in, or obtained from, India, shall make application in such form and payment of such fees as may be prescribed, to the National Biodiversity Authority.
1[(2) Any person referred to in sub-section (2) of section 3 who intends to apply for a patent or any other form of intellectual property rights, whether in India or outside India, referred to in sub-section (1) of section 6, may make an application to the National Biodiversity Authority in such form, on payment of such fee, and in such manner, as may be prescribed.
(2A) Any person referred to in sub-section (1A) of section 6 shall register with the National Biodiversity Authority at the time of making application under sub-section (2), and persons referred to in sub-section (1B) of section 6 shall obtain prior approval from the National Biodiversity Authority at the time of commercialisation.]
(3) On receipt of an application under sub-section (1) or sub-section (2), the National Biodiversity Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert committee constituted for this purpose, by order, grant approval subject to any regulations made in this behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by way of royalty or for reasons to be recorded in writing, reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person affected.
2[(3A) The National Biodiversity Authority shall, while granting approval under this section, determine the benefit sharing in such manner as may be specified by regulations made in this behalf:
Provided that if the National Biodiversity Authority is of the opinion that such an activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or fair and equitable sharing of benefits arising out of such activity, it may, by order, for reasons to be recorded in writing, prohibit or restrict any such activity:
Provided further that no such order for rejection shall be made without giving an opportunity of being heard to the person concerned.
3[(4) The National Biodiversity Authority shall place in public domain details of every approval granted or rejected under this section.]1. Subs. by Act 10 of 2023, s. 17, for sub-section (2) (w.e.f. 1-4-2024).
2. Ins. by s. 17, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 17, ibid, for sub-section (4) (w.e.f. 1-4-2024).

20. Transfer of 1 [results of research]. –2[(1) Any person or entity who intends to transfer the results of any research on biological resources, which are found in or brought from India, including those deposited in repositories outside India or traditional knowledge associated thereto, to persons referred to under sub-section (2) of section 3 for monetary consideration or otherwise, he shall make an application to the National Biodiversity Authority in such form, and on payment of such fee, as may be prescribed.]
(2) Any person who intends to transfer 3[the results of research] referred to in sub-section (1) shall make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
4[(3) On receipt of an application under sub-section (2), the National Biodiversity Authority may, after making such enquiries, as it deems fit, by order, grant approval, subject to such terms and conditions, as it may deem fit, including benefit sharing or otherwise, as per the guidelines or for reasons to be recorded in writing, or reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard to the person concerned.
(4) The National Biodiversity Authority shall place in public domain the details of every approval granted or rejected under this section.]1. Subs. by Act 10 of 2023, s. 18, for “biological resource or knowledge” (w.e.f. 1-4-2024).
2. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-4-2024).
3. Subs. by s. 18, ibid., for “any biological resource or knowledge associated thereto” (w.e.f. 1-4-2024).
4. Subs. by s. 18, ibid., for sub-sections (3) and (4) (w.e.f. 1-4-2024).