Section 19:
Approval by National Biodiversity Authority for undertaking certain activities.
(1) Any
person referred to in sub-section (2) of section 3 who intends to obtain any biological resource occurring
in India or knowledge associated thereto for research or for commercial utilisation or for bio-survey and
bio-utilisation or transfer the results of any research relating to biological resources occurring in, or
obtained from, India, shall make application in such form and payment of such fees as may be prescribed,
to the National Biodiversity Authority.
(2) Any person who intends to apply for a patent or any other form of intellectual property protection
whether in India or outside India referred to in sub-section (1) of section 6, may make an application in
such form and in such manner as may be prescribed to the National Biodiversity Authority.
(3) On receipt of an application under sub-section (1) or sub-section (2), the National Biodiversity
Authority may, after making such enquiries as it may deem fit and if necessary after consulting an expert
committee constituted for this purpose, by order, grant approval subject to any regulations made in this
behalf and subject to such terms and conditions as it may deem fit, including the imposition of charges by
way of royalty or for reasons to be recorded in writing, reject the application:
Provided that no such order for rejection shall be made without giving an opportunity of being heard
to the person affected.
(4) The National Biodiversity Authority shall give public notice of every approval granted by it under
this section.