Lawgist19Approval 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.
(2) Any person who intends to apply for a patent or any other form of intellectual property protection whether in India or outside India referred to in sub-section (1) of section 6, may make an application in such form and in such manner as may be prescribed to the National Biodiversity Authority.
(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.
(4) The National Biodiversity Authority shall give public notice of every approval granted by it under this section.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority
- 4 Results of research not to be transferred to certain persons without approval of National Biodiversity Authority
- 5 Sections 3 and 4 not to apply to certain collaborative research projects
- 6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority
- 7 Prior intimation to State Biodiversity Board for obtaining biological resource for certain purposes
- 8 Establishment of National Biodiversity Authority
- 9 Conditions of service of Chairperson and members
- 10 Chairperson to be Chief Executive of National Biodiversity Authority
- 11 Removal of members
- 12 Meetings of National Biodiversity Authority
- 13 Committees of National Biodiversity Authority
- 14 Officers and employees of National Biodiversity Authority
- 15 Authentication of orders and decisions of National Biodiversity Authority
- 16 Delegation of powers
- 17 Expenses of National Biodiversity Authority to be defrayed out of the Consolidated Fund of India
- 18 Functions and powers of National Biodiversity Authority
- 19 Approval by National Biodiversity Authority for undertaking certain activities
- 20 Transfer of biological resource or knowledge
- 21 Determination of equitable benefit sharing by National Biodiversity Authority
- 22 Establishment of State Biodiversity Board
- 23 Functions of State Biodiversity Board
- 24 Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc
- 25 Provisions of sections 9 to 17 to apply with modifications to State Biodiversity Board
- 26 Grants or loans by the Central Government
- 27 Constitution of National Biodiversity Fund
- 28 Annual report of National Biodiversity Authority
- 29 Budget, accounts and audit
- 30 Annual report to be laid before Parliament
- 31 Grants of money by State Government to State Biodiversity Board
- 32 Constitution of State Biodiversity Fund
- 33 Annual report of State Biodiversity Board
- 34 Audit of accounts of State Biodiversity Board
- 35 Annual report of State Biodiversity Board to be laid before State Legislature
- 36 Central Government to develop National strategies, plans, etc., for conservation, etc., of biological diversity
- 37 Biodiversity heritage sites
- 38 Power of Central Government to notify threatened species
- 39 Power of Central Government to designate repositories
- 40 Power of Central Government to exempt certain biological resources
- 41 Constitutions of Biodiversity Management Committees
- 42 Grants to Local Biodiversity Fund
- 43 Constitution of Local Biodiversity Fund
- 44 Application of Local Biodiversity Fund
- 45 Annual report of Biodiversity Management Committees
- 46 Audit of accounts of Biodiversity Management Committees
- 47 Annual report, etc., of Biodiversity Management Committee to be submitted to District Magistrate
- 48 National Biodiversity Authority to be bound by the directions given by Central Government
- 49 Power of State Government to give directions
- 50 Settlement of disputes between State Biodiversity Boards
- 51 Members, officers, etc., of National Biodiversity Authority and State Biodiversity Board deemed to be public servants
- 52 Appeal
- 52A Appeal to National Green Tribunal
- 53 Execution of determination or order
- 54 Protection of action taken in good faith
- 55 Penalties
- 56 Penalty for contravention for directions or orders of Central Government, State Government, National Biodiversity Authority and State Biodiversity Boards
- 57 Offences by companies
- 58 Offences to be cognizable and non-bailable
- 59 Act to have effect in addition to other Acts
- 60 Power of Central Government to give directions to State Government
- 61 Cognizance of offences
- 62 Power of Central Government to make rules
- 63 Power of State Government to make rules
- 64 Power to make regulations
- 65 Power to remove difficulties
