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.]
(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.]
Source footnotes
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).
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority.Section 4 · Results of research not to be transferred to certain persons without approval of National Biodiversity Authority.Section 5 · Certain provisions not to apply to certain collaborative research projects.Section 6 · Application for intellectual property rights not to be made without approval of National Biodiversity Authority.Section 7 · Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes.Section 8 · Establishment of National Biodiversity Authority.India Code, Government of India. Text fetched 17 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.