Section 5
Sections 3 and 4 not to apply to certain collaborative research projects.
The Biological Diversity Act, 2002
About this Act
An Act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge and for matters connected therewith or incidental thereto.
(1) The provisions of
sections 3 and 4 shall not apply to collaborative search projects involving transfer or exchange of
biological resources or information relating thereto between institutions, including Government sponsored
institutions of India, and such institutions in other countries, if such collaborative research projects satisfy
the conditions specified in sub-section (3).
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based on agreements concluded before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall--
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.
(2) All collaborative research projects, other than those referred to in sub-section (1) which are based on agreements concluded before the commencement of this Act and in force shall, to the extent the provisions of agreement are inconsistent with the provisions of this Act or any guidelines issued under clause (a) of sub-section (3), be void.
(3) For the purposes of sub-section (1), collaborative research projects shall--
(a) conform to the policy guidelines issued by the Central Government in this behalf;
(b) be approved by the Central Government.