FAQ's

The biological resources notified under Section 40 of the BD Act are exempted when normally traded as commodities. However, obtaining IPR for the inventions based on the use of such notified biological resources is not exempt from the provisions of the Act.

There is no contradiction between the provisions of the two Acts regarding access/management of forest resources by the local communities as Section 7 of the BD Act clearly states that the local people and communities of the area, including growers and cultivators of biodiversity, are exempted from the provisions of the BD Act, 2002.

Further, Section 59 of the BD Act states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, for the time being in force, relating to forests or wildlife. This ensures legal harmony between the BD Act and other environmental / forest related legislations including the Forest Rights Act, 2006.

Prior approval of the NBA is required before accessing the DNA sequence from a foreign microbial repository for undertaking research. You must apply in Form-1, as accessing the biological resources occurring in or obtained from India or digital sequence information on biological resources which are accessed from India, including those deposited in repositories outside India, is regulated under the provisions of the BD Act.

Yes. Both foreign individuals and entities fall under Section 3(2) of the Act. Hence, such persons have to obtain prior approval of the NBA by applying in Form-1 for access to biological resources or knowledge associated thereto for research or bio-survey and bio-utilisation as per Rule 13 of the BD Rules, 2024.

If an applicant acquires biological resources or associated TK from outside India for purposes such as research, commercial utilization, or seeking lPR in India, they are required to submit a declaration under Form-10 to the NBA. This declaration ensures that the NBA is notified of any access to biological resources or TK of foreign origin.

1. a person who is not a citizen of India;
2. a citizen of India, who is a non-resident as defined in clause (30) of Section 2 of the Income-tax Act, 1961;
3. a body corporate, association or organization;
   1. Not incorporated or registered in India; or
   2. 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.

According to Section 2(g) of the Act, “fair and equitable benefit sharing” means sharing of benefits as determined by the NBA under Section 21.

Section 21 states that the NBA will determine the benefit sharing. The Authority in consultation with the local bodies impose terms and conditions while granting approvals, for securing equitable sharing of benefits.

No. Section 4 exempts publication of research papers on any biological resources occurring in or obtained or accessed from India or dissemination of knowledge in any seminar or workshop involving financial benefit, provided such publication or dissemination is in conformity with the guidelines issued by the Central Government.

The Act provides for the following exemptions:

1. Access by Section 7 entities for research / bio-survey / bio-utilization: Access to biological resources or knowledge associated thereto by a Section 7 entity for undertaking research or bio-survey and bio-utilisation in India is exempted from seeking approval of SBB/NBA under the Act.
2. Value-added products: Access to value-added products, which may contain portions or extracts of plants and animals in unrecognisable and physically inseparable form {Sec. 2(p)}.
3. Codified traditional knowledge and cultivated medicinal plants: Codified traditional knowledge, cultivated medicinal plants and their products, local people and communities of the area, including growers and cultivators of biodiversity and vaids, hakims and registered AYUSH practitioners only, who have been practising indigenous medicines, including Indian systems of medicine as profession for sustenance and livelihood are exempted under Section 7 of the Act.
4. Conventional breeding: Accessing biological resources for conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or beekeeping, in India {Section 2(f)}.
5. Academic dissemination: Publication of research papers or dissemination of knowledge, in any seminar or workshop involving financial benefit, if such publication is in conformity with the guidelines issued by the Central Government from time to time (first proviso clause to Section 4).
6. Collaborative research: Transfer or exchange of biological resources or TK under collaborative research projects between Government-sponsored institutions and such institutions in other countries are exempted subject to conformity to the policy guidelines issued by the Central Government (Section 5).
7. Normally traded as commodities: Biological resources when normally traded as commodities or to the items derived from them, including agricultural wastes, as notified and cultivated medicinal plants and their products for entities covered under Section 7, registered as per the regulations made or as may be prescribed, notified by the Central Government (Section 40).
8. Crops under ITPGRFA: Accessing the crops from amongst the crops listed at Annex-I of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), as notified by the Department of Agriculture and Cooperation, Ministry of Agriculture, Government of India from time to time, is exempted from the provisions of Sections 3 and 4 of the Act, for the purpose of utilization and conservation for research, breeding and training for food and agriculture.
9. Approvals under the PPVFRA: Any person who has been given any approval or granted any right under any law relating to protection of plant varieties enacted by the Parliament to the extent that such approvals or rights given under that Act does not require similar approval under the BD Act (Section 59-A).

As per regulation 4 of the BD (ABS) Regulations, 2025, the applicant shall have to pay the benefit sharing amount to the NBA as per the slabs prescribed below:

Biological resources having conservation or high economic value, including species notified under Section 38 of the Act are subject to 20% more than the benefit sharing due.

If access is made to a biological resource that has conservation value, or high economic value such as red sanders, sandalwood, agarwood, or any other item identified by the Authority, including threatened species listed under Section 38 of the Act, the ABS component shall not be less than five percent of the proceeds of the auction or sale amount, or purchase price, as the case may be. This amount will be decided by the Authority on a case-by-case basis and must be paid as an upfront payment.

Yes. - The Biological Diversity Rules, 2004 were notified by the Ministry of Environment, Forest and Climate Change (MoEFCC) on April 15, 2004 which came into force on July 01, 2004.

Pursuant to the amendments to the BD Act in 2023, the MoEFCC notified the Biological Diversity Rules, 2024 on October 22, 2024, thereby superseding the BD Rules, 2004. The BD Rules, 2024 came into force on December 21, 2024 upon expiry of 60 days from the date of notification in accordance with rule 1(2) of the BD Rules, 2024.

Further the BD Rules, 2024 were amended vide Biological Diversity (Amendment) Rules, 2025 which were notified on May 06, 2025 and came into force on November 01, 2025.

Approval shall be granted in the form of an agreement executed between the applicants and the NBA. The agreement shall contain the benefit sharing component, terms and conditions subject to which the applicant shall access the biological resources for research/commercial utilization/bio-survey and bio-utilization/IPR.

If a Section 3(2) entity accesses biological resources from any place or location within India, including from a trader or the wholesale market or institute or repository in India, it is mandatory to obtain prior approval from the NBA by applying in Form-2 for accessing the biological resources for commercial utilization under Section 3 of the BD Act read with Rule 13 of the BD Rules, 2024.

No. As per Section 59A of the Act, the provisions of the BD Act shall not apply to a person who has been granted approval or rights under the PPVFRA, to the extent that such approvals or rights do not require similar approval under the BD Act.

A “Foreign controlled company” means any company 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.

Under Section 2(27) of the Companies Act, 2013 -“control” shall include the right to appoint majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner.

In case of biological resource having conservation value or high economic value such as red sanders, sandalwood, agarwood or any other items as decided by the Authority from time to time, and including threatened species notified under section 38 of the Act, the benefit sharing shall not be less than 5% of the proceeds of the auction or sale amount or the purchase price, as the case may be, as determined by the Authority on case to case basis, as upfront payment. This includes from both cultivated and non-cultivated biological resources

The Act does not recognise a category called 'company-owned material', while dealing with biological resources. Hence the recipient/user of the biological resource needs to obtain approval of NBA under Section 3 of the Act if the biological resources contain any strain of an Indian germplasm.

Yes. Upon receipt of an application for access to biological resources, the NBA forwards the application to the concerned SBB(s) for obtaining the consent or otherwise of the relevant BMC(s) through a consultative process in the area from where the biological resources are obtained/accessed. The BMC is responsible for facilitating the task of obtaining prior informed consent from the concerned local communities or individual benefit claimants, if any. A similar procedure is followed by the SBBs in the respect of applications submitted by the applicants other than those covered under Section 3(2) of the Act.

Are there any contradictions with the Wildlife (Protection) Act, 1972?
The ABS process remains the same for all biological resources, including those collected from wild. Section 59 of the BD Act provides that the provisions of the Act are in addition to, and not in derogation of, the provisions in any other law currently in force, especially those relating to forests or wildlife.

With regard to the benefit sharing, the beneficiaries may include the State Forest Department, the SBB, BMCs or any other stakeholders, as the case may be.