18. Functions and powers of National Biodiversity Authority—5
[(1) The National Biodiversity
Authority shall, with the approval of the Central Government, make regulations to provide for access to
biological resources and traditional knowledge associated thereto, and for determination of fair and
equitable sharing of benefits.
(2) It shall be the duty of the National Biodiversity Authority to regulate any activity referred to in
sections 3, 4 and 6 by granting or rejecting approvals.]
(3) The National Biodiversity Authority may—
1. Ins. by Act 10 of 2023, s. 13 (w.e.f. 1-4-2024).
2. Ins. by s. 14, ibid. (w.e.f. 1-4-2024).
3. Subs. by s. 14, ibid., for “signature of an officer” (w.e.f. 1-4-2024).
4. Ins. by s. 15, ibid. (w.e.f. 1-4-2024).
5. Subs. by s. 16, ibid., for sub-sections (1) and (2) (w.e.f. 1-4-2024).
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(a) advise the Central Government on matters relating to the conservation of biodiversity,
sustainable use of its components and 1
[fair and equitable] sharing of benefits arising out of the
utilisation of biological resources;
(b) advise the State Governments in the selection of areas of biodiversity importance to be
notified under sub-section (1) of section 37 as 2
[biodiversity heritage sites] and measures for the
management of such heritage sites;
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[(ba) advise the State Biodiversity Boards on any matter relating to the implementation of the
Act;]
(c) perform such other functions as may be necessary to carry out the provisions of this Act.
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[(4) The National Biodiversity Authority may, on behalf of the Central Government, take any
measures necessary to oppose the grant of intellectual property rights in any country outside India on any
biological resource which is found in or brought from India, including those deposited in repositories
outside India, or traditional knowledge associated thereto accessed.]