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Environment, Health and Safety Central Ministry of Environment and Forest Biological Diversity Act, 2002

The Ministry of Law and Justice has issued Biological Diversity (Amendment) Act, 2023

03-Aug-2023 | NA

The Ministry of Law And Justice has issued Biological Diversity (Amendment) Act, 2023.

Highlights of the Amendment are :

1.Amendment of heading of Chapter II which is Regulation of Access to Biological Diversity for the word DIVERSITY the word RESOURCES shall be substituted.

2.In section 3 of the principal Act, in sub-section (2), in clause (c), for sub-clause (ii), the following sub-clause shall be substituted with 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 earlier the same was being in force with any non-Indian participation in its share capital or management.

3.In section 4 which talks about the results of research not to be transferred to certain persons without approval of National Biodiversity Authority the following section shall be substituted, namely with that 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 .

Further 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.

Please refer to the attached document for more details

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