Section 3. Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority

CHAPTER II REGULATION OF ACCESS TO BIOLOGICAL[1] [RESOURCES] 3. 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.] 5.[4] [Certain provisions] not to apply to certain collaborative research projects. —[5] [(1) The provisions of section 3 shall not apply to collaborative research projects involving transfer or exchange of 1. Subs. by Act 10 of 2023, s. 4, for "DIVERSITY" (w.e.f. 1-4-2024). 2. Subs. by s. 5, ibid ., for sub-clause (ii) (w.e.f. 1-4-2024). 3. Subs. by s. 6, ibid ., for section 4 (w.e.f. 1-4-2024). 4. Subs. by s. 7, ibid ., for "Sections 3 and 4" (w.e.f. 1-4-2024). 5. Subs. by s. 7, ibid ., for sub-section (1) (w.e.f. 1-4-2024). biological resource or traditional knowledge associated thereto between institutions, including Government sponsored institutions of India, and such institutions in other countries, if such collaborative research projects satisfy the conditions specified in sub-section (3).] (2) All collaborative research projects, other than those referred to in sub-section (1) which are based on agreements concluded before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under clause (a) of sub-section (3), be void. - (3) For the purposes of sub-section (1), collaborative research projects shall— - (a) conform to the policy guidelines issued by the Central Government in this behalf; - (b) be approved by the Central Government. (l) "regulations" means regulations made under this Act; (m) "research" means study or systematic investigation of any biological resource or technological application, that uses biological systems, living organisms or derivatives thereof to make or modify products or processes for any use; (n) "State Biodiversity Board" means the State Biodiversity Board established under section 22; (o) "sustainable use" means the use of components of biological diversity in such manner and at such rate that does not lead to the long-term decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations; (p) "value added products" means products which may contain portions or extracts of plants and animals in unrecognizable and physically inseparable form.