Bare ActsThe BIOLOGICAL DIVERSITY ACT, 2002

Section 3

Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority

Amendment status not verified — confirm the current text below against the official source.

Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority.—(1) No person referred to in sub-section (2) shall, without previous approval of the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and bio-utilisation. (2) The persons who shall be required to take the approval of the National Biodiversity Authority under sub-section (1) are the following, namely:— (a) a person who is not a citizen of India; (b) a citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income-tax Act, 1961 (43 of 1961); (c) a body corporate, association or organisation— (i) not incorporated or registered in India; or 2[(ii) incorporated or registered in India under any law for the time being in force, which is controlled by a foreigner within the meaning of clause (27) of section 2 of the Companies Act, 2013 (18 of 2013).] 3[4. Results of research not to be transferred to certain persons without approval of National Biodiversity Authority.— No person or entity shall share or transfer any result of the research on any biological resource occurring in, or obtained or accessed from, India or traditional knowledge associated thereto, for monetary consideration or otherwise, to a person or body corporate referred to in sub-section (2) of section 3, without the prior written approval of the National Biodiversity Authority, except the codified traditional knowledge which is only for Indians: Provided that the provisions of this section shall not apply if publication of research papers or dissemination of knowledge in any seminar or workshop involving financial benefit is as per the guidelines issued by the Central Government: Provided further that where the results of research are used for further research, then, the registration with the National Biodiversity Authority shall be necessary: Provided also that if the results of research are used for commercial utilisation or for obtaining any intellectual property rights, within or outside India, prior approval of the National Biodiversity Authority shall be required to be taken in accordance with the provisions of this Act.]

Section 3 – The BIOLOGICAL DIVERSITY ACT, 2002 | DailyLaw.ai