19. Approval by National Biodiversity Authority for undertaking certain activities.—(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.
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[(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.
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[(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:
1. Subs. by Act 10 of 2023, s. 16, for “equitable” (w.e.f. 1-4-2024).
2. Subs. by s. 16, ibid., for “heritage sites” (w.e.f. 1-4-2024).
3. Ins. by s. 16, ibid. (w.e.f. 1-4-2024).
4. Subs. by s. 16, ibid., for sub-section (4) (w.e.f. 1-4-2024).
5. Subs. by s. 17, ibid., for sub-section (2) (w.e.f. 1-4-2024).
6. Ins. by s. 17, ibid. (w.e.f. 1-4-2024).
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Provided further that no such order for rejection shall be made without giving an opportunity of being
heard to the person concerned.]
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[(4) The National Biodiversity Authority shall place in public domain details of every approval
granted or rejected under this section.]
20. Transfer of 2
[results of research].—3
[(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 4
[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.
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[(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.]
21. Determination of 6
[fair and equitable] benefit sharing by National Biodiversity Authority.—
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[(1) The National Biodiversity Authority shall, while determining benefit sharing for the approval
granted under this Act, ensure that the terms and conditions subject to which the approval is granted
secures fair and equitable sharing of benefits arising out of the use of accessed biological resources, their
derivatives, innovations and practices associated with their use and applications and knowledge relating
thereto in accordance with mutually agreed terms and conditions between the person applying for such
approval, and the Biodiversity Management Committee represented by the National Biodiversity
Authority.]
(2) The National Biodiversity Authority shall, subject to any regulations made in this behalf,
determine the benefit sharing which shall be given effect in all or any of the following manner,
namely:—
(a) grant of joint ownership of intellectual property rights to the National Biodiversity Authority,
or where benefit claimers are identified, to such benefit claimers;
(b) transfer of technology;
(c) location of production, research and development units in such areas which will facilitate
better living standards to the benefit claimers;
(d) association of Indian scientists, benefit claimers and the local people with research and
development in biological resources and bio-survey and bio-utilisation;
(e) setting up of venture capital fund for aiding the cause of benefit claimers;
(f) payment of monetary compensation and other non-monetary benefits to the benefit claimers as
the National Biodiversity Authority may deem fit.
1. Subs. by Act 10 of 2023, s. 17, for sub-section (4) (w.e.f. 1-4-2024).
2. Subs. by s. 18, ibid., for “biological resource or knowledge” (w.e.f. 1-4-2024).
3. Subs. by s. 18, ibid., for sub-section (1) (w.e.f. 1-4-2024).
4. Subs. by s. 18, ibid., for “any biological resource or knowledge associated thereto” (w.e.f. 1-4-2024).
5. Subs. by s. 18, ibid., for sub-sections (3) and (4) (w.e.f. 1-4-2024).
6. Subs. by s. 19, ibid., for “equitable” (w.e.f. 1-4-2024).
7. Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 1-4-2024).
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(3) Where any amount of money is ordered by way of benefit sharing, the National Biodiversity
Authority may direct the amount to be deposited in the National Biodiversity Fund:
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[Provided that where biological resource or associated knowledge was a result of access from an
individual or group of individuals or organisations, the National Biodiversity Authority may direct that
the amount shall be paid directly to such benefit claimer or organisation in accordance with the terms of
any agreement and in such manner as it deems fit.]
(4) For the purposes of this section, the National Biodiversity Authority shall, in consultation with the
Central Government, by regulations, frame guidelines.