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Report No. 171

16. Activities with prior informed consent.-

(1) No person who is not a permanent resident or a citizen of India, or any body corporate, association or organisation which is not registered in India, or which is registered in India but has foreign citizen participation in equity or management, shall obtain or be granted or given access to any biological resource occurring in India and any associated knowledge for research, commercial utilization, or undertake bio-prospecting, biosurvey or bioutilisation without the prior approval of the National Authority.

(2) No citizen of India, who is a non-resident as defined in clause (30) of section 2 of the Income Tax Act, 1961, shall obtain or be granted any biological resource occurring in India and any associated knowledge for research, commercial utilisation or bio-survey and bioutilisation without prior approval of the National Authority.

3(a) No citizen of India, any body corporate, association or organisation registered in India shall transfer any result of research with respect to any biological resource conducted by him or it, without obtaining the prior approval of the National Authority to the following:-

(i) any person who is not a citizen of India;

(ii) any person who is a citizen of India but is ordinarily staying outside India;

(iii) any body corporate,as sociationor organisation which is not registered in India;

(iv) any body corporate, association or organisation which is registered in India but has foreign citizen participation in capital or management:

Provided that sharing of knowledge through seminars and publications shall be excluded from the purview of this sub-section where such publications are in public domain and papers presented in such seminars or other media are widely circulated or published in relevant journals:

Provided further that collaborative research projects involving transfer and exchange of biological resources, and information relating to them, between institutions including Government sponsored institutions in India and similarly placed institutions in other countries, shall also be excluded from the provisions of sub-sections(1) and (2), subject to the condition that such collaborative research projects have been drawn up in accordance with the overall policy guidelines of the National Authority and have received the approval of the Central Government.

(4) The provisions in sub-sections (1), (2) and (3) shall also apply to third party transfers of accessed biological resource and associated knowledge.

(5)(a) Any citizen of India, body corporate, association or organisation which is registered in India, seeking access to biological or genetic resources, shall apply to the National Authority through the State or Union territory Administration Biodiversity Board, in the prescribed form containing prescribed particulars. Separate applications shall be filed for access to resources associated with traditional knowledge to be dealt with under `Special Regime of Access' and for access to resources which do not involve traditional knowledge to be dealt with under `General Regime of Access'.

On receiving such application, the concerned Board shall forward its comments with respect to each of the particulars contained in the application to the National Authority within a period of 30 days. After receiving such comments or on the expiry of 30 days if no such comments are received, the National Authority shall consider such application . In the light of the provisions of this Act and the rules made thereunder and after making such enquiry as may be found appropriate, the Authority shall either grant the application subject to such conditions as may be found appropriate or reject it as the case may be;

Provided that where the application is filed under the Special Regime of Access, the local community or local people, who are the owners of such traditional knowledge resources, shall be heard before granting access under the said regime.

(b) Where the application is filed under the Special Regime of Access, the contract, in case access is granted, shall be a tripartite one i.e. between the Authority, the local community/people supplying the resources and knowledge and the Receiver. In other cases, the contract shall be between the Authority and the Receiver, unless otherwise specified by the Authority.

(c) Any application for bio-prospecting, Bio-survey or bio-utilisation shall be dealt with in the like manner.

(6) The concerned Board may, before offering its comments on the applications filed under the preceding sub-section, make enquiries as deemed fit in consultation with the concerned local body or institution of self-government in this regard.

(7) (a) Applications to the National Authority for seeking approval in accordance with sub-sections (1), (2),(3) and (5) shall be submitted in the prescribed form containing such particulars as may be prescribed.

(b) After making such enquiries as it deems fit and after considering the material placed before it, the National Authority shall communicate its rejection or approval, as the case may be, on such terms and conditions as it may deem fit, including the imposition of charges by way of royalty in accordance with a scheme to be notified by the National Authority with the approval of the Central Government. The National Authority shall be competent to review, revise or recall any order passed by it, whether on the application of a person or suo motu, if any new material is brought to its notice which calls for such review, revision or recall, as the case may be.

(8) The National Authority shall maintain a register wherein the operative portion of the orders made under clause (b) of sub-section (7) shall be entered promptly. Such register shall be open to public and copies of entries made therein shall be supplied on payment of charges specified by notification in that behalf by the National Authority.



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