FREQUENTLY ASKED QUESTIONS
- What is Biodiversity?
Biodiversity is made up of two words ‘bio’ meaning life and ‘diversity’ meaning variety. Put together they mean the variability in life forms. So everything you see around you (including microscopic things that you cannot see for e.g. bacteria) which has life i.e. all plants, trees, animals, birds, insects, corals will fall under biodiversity.
The Biological Diversity Act, 2002 (hereinafter BDA) defines ‘biological diversity’ under Section 2(b) as “the variability among living organisms from all sources and the ecological complexes of which they are part, and includes diversity within species or between species and of Eco-systems”
- What is the structure of the Legislation?
It is a 3-tier structure with a decentralized approach. Three bodies are constituted on National, State and Local level namely, National Biodiversity Authority (NBA) – It regulates activities, approve and advice the Government of India on research, commercial, bio-survey and bio-utilization. Grants approval to sec. 3, 4 & 6 of Biodiversity Act. State Biodiversity Board (SBB)- It regulates activities, approve and advice the State Governments on conservation and sustainable use of bio resources, and sharing of the benefits arising out of the utilization of these resources. The Biological Management Committees (BMC)- Prepares People’s Biodiversity Register (PBR) in consultation with local people.
- What are Biological Resources?
Resources mean a source of supply. Biological Resources means all plants, animals and microorganisms in whole or their parts and including their genetic material and by-products that have actual present value or potential value in future.
The BD Act defines ‘biological resources’ under Section 2(c) as “plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material.”
- What is meant by genetic material?
Genetic Material refers to any part or material of a plant, animal or microorganism containing units of hereditary material (DNA). A gene is the basic physical and functional unit of heredity and is made up of Deoxyribonucleic acid (DNA).
5.What is ‘sustainable use’ of biological resources?
‘Sustainable use’ means the use of resources in such a manner that it does not cause long-term depletion of the resource, and this can be done by limiting the use for only that which is necessary and preventing over-exploitation of resources. It is the wise use of resources to maintain inter generational equity wherein the demands of present generation are met, while keeping in mind the needs for future generations as well.
6.What do “Access and Benefit Sharing” mean?
Access and Benefit Sharing (ABS) is a mechanism (through an agreement) by which persons or entities are allowed access to biological resources for commercial or research purposes. In return for this access, those persons or entities have to share a small part of the benefits gained by them through the use of the accessed biological resources with the local people who have provided the biological resource or the knowledge associated therewith. Access and Benefit Sharing agreement may be entered into with the NBA for persons falling under Section 3, or the SBB for persons falling under Section 7 of the BDA.
- What is the punishment for non-compliance of different provision of the Act?
For non-compliance of any provisions of BDA, 2002, the Act provides for an imprisonment which may extend to 5 years or with fine which may extend to Rs 10 lacs (fine may exceed this amount also) or both for contravention of Section 3, 4 and 6 of the Act. Refer to Section 55 of BDA, 2002.
The Act also provides for an imprisonment that may extend to 3 years or with fine that may extend to Rs 5 lacs or both for contravention of Section 7 of the Act.
- I have been sent a notice from the SBB for non-compliance under the Act. Whom should I contact as I feel this is unnecessary harassment as I am not involved in any activity governed by the Act?
You have to reply to the notice sent to you by the SBB. After this the SBB may accept or reject your reply. If the SBB rejects your reply and passes any order it is only then that you can appeal against the order in the National Green Tribunal (NGT) under Section 52A of the Act.
- I have made a new invention by genetically modifying the plant cells. I wish to apply for Patent over the new variety. What should I do?
As per Section 6 of the BDA any person (irrespective of nationality) seeking to apply for any intellectual property right anywhere in the world, based on research or biological resource obtained from India, must take prior approval of the NBA. This mandatory approval from the NBA may also be obtained after filing the application (only in case of patents) but before the sealing of the title by the patent authority.
- I am a PhD research scholar. I am working on the Biodiversity Laws in India. Do I need to seek permission form any office under the BDA?
No. The Act only requires people working with biological resources to take approvals. A person working on biodiversity laws need not take any prior approval from the NBA or SBB.
- What are Biodiversity Heritage Sites?
Biodiversity Heritage Sites (BHS) are well defined areas which have rich biodiversity comprising of any one or more of the following components: richness of wild as well as domesticated species or intra-specific categories, high endemism, presence of rare and threatened species, keystone species, species of evolutionary significance, wild ancestors of domestic/ cultivated species or their varieties, past pre-eminence of biological components represented by fossil beds and having significant cultural, ethical or aesthetic values and are important for the maintenance of cultural diversity. Under Section 37 of the Act State Governments in consultation with local bodies may notify areas of Biodiversity importance as Bio Heritage Sites.
- Is there any difference between Biodiversity Heritage Sites and Protected Areas?
Yes. Biodiversity Heritage Sites” (BHS) are well-defined areas that are unique, ecologically fragile ecosystems – terrestrial, coastal and inland waters and, marine having rich biodiversity comprising of any one or more of the following components: richness of wild as well as domesticated species or intra-specific categories, high endemism, presence of rare and threatened species, keystone species, species of evolutionary significance, wild ancestors of domestic/cultivated species or their varieties, past pre-eminence of biological components represented by fossil beds and having significant cultural, ethical or aesthetic values and are important for the maintenance of cultural diversity, with or without a long history of human association with them.
A protected area is a clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the long-term conservation of nature with associated ecosystem services and cultural values. (IUCN Definition 2008)
- Does the BD Act have superseding effect over other environmental laws in India?
This Act is to be read harmoniously with other environmental laws in India. Also Section 59 of BDA states that it is in addition to and not for replacing any law. Therefore, along with requirements of other existing laws, the provisions of this Act also need to be complied with.
- Are all biological resources covered under the Act? Is there any exemption?
The Act protects all biological resources prima facie. However, under Section 40 of the Act, the Central Government may declare that the Act will not apply to certain items including biological resources that are normally traded as commodities.
FAQs for Researchers
- I am an Indian Researcher do I also need to seek approval before collecting biological resources?
The Act does not lay down any approval to be taken by Indian researchers for scientific/educational study w.r.t biological resources in India, subject to clauses mentioned in State specific BD Rules
However, if the results of the research are used for commercial purposes then intimation needs to be made to the SBB under Section 7.
Further, the results of the research cannot be shared with any person mentioned under S.3 of the Act without prior approval from the NBA unless the research has been exempted under Section 5 of the Act.
- Are there any exemptions in the act for prior intimation to State Biodiversity Board for obtaining biological resources for certain purposes?
The legislation provides for the following exemptions
- Exemption to local people and communities of the area for free access to use biological resources within India
- Exemptions to growers and cultivators of biodiversity and to vaids and hakims to use biological resources.
- Exemption through notification of normally traded commodities from the purview of the Act only when used as commodity
- Exemption for collaborative research through government sponsored or government approved institutions subject to overall policy guidelines and approval of the Central Government and conforms to the central government guidelines.
- I am not an Indian citizen but I am working with an Indian Research Organization on biological resources. What is my liability under the Act?
You must apply to NBA for approval before doing any research work with biological resources in India. You could also ask the Indian Research Organization that you are working with to help you in this regard.
Working on biological resources without any approval is a criminal offence for which there is imprisonment up to 5 years with or without fine.
- I am an Indian Researcher working on certain plants in India. Will I be liable under the Act if I publish my research results on the Internet?
If you are Indian researcher working on certain plants occurring in India in an Indian laboratory, you can publish your research results in scientific journals (print or electronic), newspapers, seminars, conferences, personal blogs or any other media without being liable under the BDA
- We are an Indian Research Organization will we be liable under the Act if we send any samples for tests to be conducted in foreign countries?
Yes, sending biological samples outside India to even a service provider for analysis will be liable under the BDA. However, if the project that you are working on is a collaborative project, (1.Conforms to the policy guidelines 2006, of collaborative research, and; 2. The project is endorsed as a collaborative project from the head of the line department ex: DG-CSIR, DG-ICAR etc.) then it is exempted under Section 5 of the BDA.
- I am a researcher on migratory birds. I do not collect any bird species but I do observe them, their flying patterns, etc. and I am going to use that knowledge for determining the migration habits of the birds. Can I be held liable under the Act?
No. Observing or even recording of plant or animal behavior by videography or camera trapping has not been found to fall under regulated activities covered by the BDA therefore you cannot be held liable for such activity under the Act.
7.What is the process for obtaining approval from the NBA if I am a researcher falling under Section 3 of the Act?
A researcher falling under S. 3 of the Act needs to apply to the NBA in an application under Form I of the Biological Diversity Rules, 2004, along with the fees as prescribed accordingly. The NBA will consult the concerned SBB and Biological Management Committees (BMC) along with any other experts if required. The decision by NBA of whether to accept or reject the application must be made within 6 months of filing of the application.
If the NBA accepts the application it will send a Clearance Letter along with a Model Agreement to the applicant. The applicant is required to sign the agreement and send it back to the NBA after which the NBA will grant the final approval.
- Plant X is available widely all over the world; however I have found a special use of it from a local tribe in India. What is the process to be followed if I wish to make commercial use of that knowledge in India and in other countries?
If the person, who has found the special use of the plant, is an Indian then he needs to intimate the SBB under Section 7 of the BDA, and if the person falls under S. 3 then he needs to apply to the NBA. In the person (Indian or Non-Indian) wishes to apply for an intellectual property right based on that knowledge then he must seek prior permission from the NBA.
- I am doing my Ph.D. from an Indian University. Do I need to seek approvals from the SBB or is it the University’s job to get the required approvals from the respective SBB?
Every person is individually liable for any contravention of the BDA. So even if your University has not got any approval it is your personal responsibility to be on the right side of the law. Although Indian Researchers do not need any permission for pure research work, however, there are other situations where they may need approvals under the Act. For more information read question 1 of this section.
- I am an Indian researcher working on reptiles in South India. Do I need separate approvals from each SBB or can I get one approval from the NBA?
As an Indian researcher you do not need permission from any authority under the Act so far as your work is confined to research only. However, if the results of research are to be used for commercial purposes then you must apply to each of the concerned SBBs from whose jurisdictions you wish to collect the biological resources.
- The central Ministry of Science and Technology has issued us a direction to transfer certain plants to a foreign organization for research purposes. Do we still need permission from the NBA?
Yes. The National Biodiversity Authority is an independent body that has been formed with a specific purpose for protection of the biological resources of the country; therefore irrespective of any direction from any Ministry, the approvals from the NBA are mandatory with respect to any situation that falls under its jurisdiction.
However, if the project that you are working on is a collaborative project, (1.Conforms to the policy guidelines 2006, of collaborative research, and; 2. The project is endorsed as a collaborative project from the head of the line department ex: DG-CSIR, DG-ICAR etc.) then it is exempted under Section 5 of the BDA.
- I am researching on the flora and fauna in the Himalayan region. Can I get financial assistance from NBA?
Yes. The National Biodiversity Authority (NBA) provides financial support by way of Grants–in-aid for short-term result-oriented activities that aim at implementing the mandate of National Biodiversity Act, 2002, and conserving the rich natural heritage of India by generating mass awareness among the people at large and stakeholders.
Application for the same can be downloaded from the official website of NBA: nbaindia.org
FAQs related to Commercial Entities
- I have paid the farmer/grower for the supply of the biological resources. Do I need to make any further payments as per the Act?
Yes. Access and Benefit Sharing under the BDA is exclusive of other expenses incurred by the persons or organizations.
- We are an Indian Company registered under the Companies Act, 2013. We are involved in manufacturing products made by use of biological resources. Which body should we approach for permission?
The differentiation of entities under the BDA is not the same as in Indian Companies Act, 2013. You need to make sure if the company falls under sec 7 or the sec 3 of the BDA and obtain required approvals before accessing bio-resources.
Section 3(2)(c) is clear that a body corporate having any non-Indian participation in its share capital or management must take prior approval from the NBA.
As per Section 7 of the BDA any Indian Company or organization can obtain biological resources for commercial purposes, only after giving prior intimation to the SBB concerned.
Therefore, you should approach the SBB from whose State you intend to procure the biological resources.
- We are an Indian Company registered under the Companies Act, 2013, with less than 10% of our share capital held by foreign investors. We do not have any foreign person or entity in our management. Whom should we apply for access of biological resources?
Section 3(2)(c) is clear that a body corporate having any non-Indian participation in its share capital or management must take prior approval from the NBA. So regardless of the percentage of share capital held by foreign investors, you are still required to apply to the NBA.
- We purchase flower essence from an Indian manufacturing company and use that essence for adding scent to soaps. Can we be held liable under the Act?
If the person from whom the flower essence (biological resource) is being purchased has already made his contribution to benefit sharing then on submission of such proof, the buyer of the flower essence will not be required to share benefits, to the extent of the purchase price on which the immediate seller had already shared benefits, the difference amount of ABS shall have to be paid
- How much share of my profits will I have to contribute for the Access and Benefit Sharing Program?
The ABS Guidelines do not stipulate for benefit sharing to be calculated on profit earned. There are two modes of calculation of benefit sharing. The first is computed on the purchase price wherein a trader of biological resources has to pay 1.0 to 3.0% of the purchase price while a manufacturer has to pay 3.0 to 5.0% of the purchase price.
The second method of computation is based on the annual ex-factory sale price of the product that was manufactured using biological resources. In this method the benefit sharing will be based upon the annual gross ex-factory sale of product; in case of it being less than Rs. 1 crore, benefit sharing will be 0.1 per cent, for Rs. 1 to 3 crore, it would be 0.2 per cent, for above Rs. 3 crore, the benefit sharing will be 0.5 per cent.
The applicant can choose either method for benefit sharing.
- Is access and benefit sharing a Tax or a cess?
It is neither; it’s an obligation under the BD Act
Important Questions regarding certain Biological Resources
- Are there any provisions regarding Bio-piracy in the Act?
Bio-piracy is the commercial development of biological compounds or genetic sequences by a technologically advanced country or organization without obtaining consent from or providing fair compensation to the peoples or nations in whose territory the materials were discovered.
The protection of traditional knowledge is complex. Thus, the Act provides for interalia registration of knowledge, and for developing sui generis system for protecting traditional knowledge.
- Is the use of synthetic bio-resources covered by the BDA?
The use of synthetic bio-resources is not expressly covered in verbatim in the BDA. However, if the synthetic bio-resource is a result of associated knowledge from India or from the knowledge associated with biological resources occurring in India then the utilization of these synthetic bio-resources are covered under the Act, unless proved otherwise by the applicant.
The preamble of the BDA defines that the objective of the Act is for conservation of biodiversity, sustainable use of its components and fair and equitable sharing of the benefits out of the use of bio-resources, their associated knowledge and for matters connected therewith.
- I am a manufacturer of bagasse ash. Am I liable to seek permission under the BD Act?
Yes, as per sec 2(c) Biological Resources means all plants, animals and microorganisms in whole or their parts and including their genetic material and by-products that have actual present value or potential value in future. The Act does not see what the end product is but rather what are the raw materials used. Since bagasse is a by-product of sugar cane hence its use attracts the provisions of the BD Act.
- Are manufacturers of essential oils from plants liable under the BD Act?
The manufacture of essential oils from plants requires plants as the raw materials for its production and plants are bio-resources under the BD, Act hence manufactures of essential oils from plants or any bio-resources will attract the provisions of the BD Act and will be liable under the Act.
- Are manufacturers of cosmetics who uses essential oils to make health and beauty products liable under the BD Act?
Yes, as per Section 2(f) of the BDA commercial utilization is defined as “end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavors etc.” Since essential oils derived from plant sources are considered as extracts of biological resources, commercial utilization of the same is liable under the BDA.
- Will the use of Molasses (by product of sugar cane while producing sugar) in herbal products make me liable under the BD Act?
As per sec 2(c) Biological Resources means all plants, animals and microorganisms in whole or their parts and including their genetic material and by-products that have actual present value or potential value in future. Hence, the use of molasses in herbal products will be liable under the BD Act if the herbal products are for cosmetics, drugs, health supplements and perfumes and are being sold at a commercial scale.
- I use wastepaper to produce cartons and brown paper boxes, am I liable?
The various types of pulpwood which is the raw material for manufacturing paper has now been included in the Normally Traded as Commodities List (hereinafter NTAC) on 7th Nov. 2017 by S.O.3533(E) therefore, the use of such bio-resources will not attract the provisions of the BD Act.
- We extract fish oil and make capsules for health benefits, are we accountable under the BDA?
Fish is a bio-resource. Fish oil is taken from the fish and hence fish oil is also a bio-resource. As per section 2(f) of the BDA, commercial utilization is defined as ‘end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavors, fragrance, cosmetics, emulsifiers, oleoresins, colors, extracts ….’ Since fish oils are derived from animal bio-resources and are extracts of biological resources, utilized for manufacture of capsules as a nutraceuticals product, the same is liable under the BD Act.
- Whether, commercial utilization of the microbes isolated from garbage or sewage can be classified as Bio resource?
Yes, as per sec 2(c) Biological Resources means all plants, animals and microorganisms in whole or their parts and including their genetic material and by-products that have actual present value or potential value in future.
The source where the bio-resources are accessed from is immaterial.
- We are an Indian company engaged in making products from cow urine and cow dung. Are waste products of animals also considered as biological resources? Do we need to seek approval or relay information to any office?
Yes, as per sec 2(c) Biological Resources means all plants, animals and microorganisms in whole or their parts and including their genetic material and by-products that have actual present value or potential value in future.
Use of cow urine and cow dung for purpose of making products having application in cosmetics, drugs, health supplements and perfumes will attract the provisions of the BDA. However if the cow urine or cow dung is being used for preparing farmyard manure by the farmers for their own use then it will not be liable under the BD Act.
- I have a restaurant; we provide veg and non-veg dishes including fruit juices to our customers. What is our liability under the Act?
No, you will be not liable under the BD Act since these bio-resources are normally traded as commodities. Also local people and communities are exempted from liability under the Act for use of biological resources for livelihood purposes.
- I own a milk company. We sell packaged milk across the State of Karnataka. I have not intimated the Karnataka State Biodiversity Board. Can I be prosecuted under the BDA?
Since, milk consumed as food is traditional practice under dairy farming, approvals for the same under BDA is not required as it does not fall under the definition of commercial utilization provided in Section 2(f).
- I am a fish and meat wholesaler having my business across India every day we purchase tons of meat and sell it to our retailers? I already have license to purchase and sell meat. Do I need any other approvals under the BDA?
As per sec 2(f) of the BD Act, 2002, commercial utilization is defined as ‘end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavors, fragrance, cosmetics, emulsifiers, oleoresins, colors, extracts and genes use for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping’
Since, fish and meat consumed as food are traditional practices in animal husbandry, approvals for the same under BDA is not required.
Also it is common knowledge that meat and fish are normally traded as commodities although they have not been included in the NTACs list however they can be defended as an NTAC.
- We own fish trawlers and we catch fish from Indian waters as well as International waters. Do we have to pay any access fee?
Fish is a bio-resource but if it is being used by local community for livelihood purposes then it will be exempted as per Section 7 of the BD Act. Also food is exempted under 2(f).
- The notification on NTCs states that those bio-resources which are not expressly mentioned under NTC list may still be proved to be a normally traded commodity, however the burden of proving the same will lie upon the person claiming exemption. What evidences need to be submitted to prove that a product is a normally traded commodity?
The following proof may be provided for the above requirement, i.e. proof of long-term usage in day-to-day life, ease of availability, ease of access (non-restrictive access w.r.t to age, gender, region etc.) necessity in sustenance of routine life.
- If an Indian doing research in a foreign university takes sand from India then is he liable under the BD Act?
Sand is a natural resource just like water, coal, minerals etc. All natural resources may not be bio-resources and sand, water, coal, minerals etc. are such examples. Since the BD Act only covers bio-resources hence sand is not under the ambit of the Act.
However, sand (water, minerals etc.) may have microbes in them and since microbes are covered by the Act hence the person will have to take permission from the NBA.
- Are Contract Research Organizations (CROs) liable under the BD Act for access to bio-resources?
As per current industry practice most CROs do not access biological material themselves but are rather provided the biological material by the Contracting Party for whom the CROS do the required research therefore CROs, as long as they themselves do not access the bio-resource, are not liable under the BD Act.
- Are Contract Research Organizations (CROs) liable under the BD Act for transfer of Research Results?
As per Section 4 of the BDA, CROs will be held liable if they send research results outside India without approval from the NBA, if the biological resources on which they have conducted tests are from India.
However, if the contracting party obtains biological resources from outside India and there is absolutely no use of any biological resource from India then CROs need not take any permission from the NBA for any transfer of research results.
- Is alcohol a Normally Traded Commodity under the BD Act? If no, then can alcohol manufacturers be held liable under the BD Act?
Alcohol should not be considered as a normally traded Commodity rather it might be placed as a highly regulated commodity since it is not available to one and all. In spite of the fact that alcohol should be treated as a highly regulated commodity it will still not fall under the ambit of the BDA since it is considered as a common practice and is hence exempted.
- Will the act restraint access to herbs and other traditional ways to healthcare?
No, the vaids and hakims are explicitly exempted under section 7 of the act.
FAQs on Biodiversity Management Committees (BMCs)
- Does one get salary for being a member of a BMC?
No, salary is not paid for being a member of a BMC.
- How are BMCs funded to run its operations?
Initial funds for setting up the BMC, and providing for basic facilities like stationary etc., is to be granted by the State Government or the State Biodiversity Board. Thereafter, BMCs will get funds from the benefit-sharing programme under which 95% of the accrued benefits deposited with the NBA will go to the concerned BMCs and/or benefit claimers. Further, BMCs have the power to levy charges for access of bio-resources for commercial utilization from their respective jurisdiction (see regulation 5 of the ABS Regulations, 2014)
- Where can I find a compilation of information on the Biodiversity of any place?
Under Rule 22 (6) of Biological Diversity Rules, 2004, the BMC needs to develop PBR (People’s Biodiversity Register). It is a legal document that contains details of biological resources occurring within a BMC and contains associated knowledge as well. The PBR acts as a source of inventory of biological resources and knowledge and for benefit sharing purposes under the ABS component.
- Are all local bodies required to prepare PBRs or is it only the BMC for the Village Panchayat that prepares the PBR?
As per the Biological Diversity Rules, 2004, Rule 22 sub-rule (1) read with sub-rule (6), every local body is required to prepare its own People’s Biodiversity Register.
- What is the BMCs role in the ABS agreement?
Section 41(2) of the BDA and Regulation 14 of Guidelines on Access to Biological Resources and Associated Knowledge and Benefit Sharing Regulations, 2014 (ABS Guidelines), clearly state that the BMC will be consulted by the NBA or SBB before granting any approval for access to biological resources. Therefore the role of the BMC in an ABS Agreement is restricted to consultation and giving advice.
- Is a fruit vendor also required to seek permission or to share profits?
As per the proviso to Section 7 of the BDA and Regulation 17 of the ABS Guidelines, local people and communities are exempted from the ambit of the Act, therefore you do not need to seek approval nor do you have to send any intimation to the authorities under the BDA.
- Do Indian Government organizations like Indian Council of Agricultural Research(ICAR) also need to seek permission before obtaining any biological resources?
The BDA does not provide any express exemption to any research institute. However, under Regulation 17 of the ABS Guidelines, Indian citizens or entities accessing biological resources and/or associated knowledge with respect to biological resources of India for research purposes have been exempted from approval of NBA or SBB.
Note: This exemption is only for research done in India. If any bio-resource is sought to be exported out of the country or the results of the research are to be utilized for commercial purposes or the result of the research is to be published outside of India then prior approval of the NBA or SBB (as the case may be) is necessary.
- I have got a job in USA. I wish to take my Tulsi plant to keep as house decor. Do I need to take permission from anybody in India?
Yes, you must take permission from the NBA before taking any biological resource outside the territory of India. The size or quantity of the biological resource is irrelevant. Also you would have to inform the Custom Authorities about the same.
- How does the benefit sharing arrangement works?
The benefits arising out of the use of biological resource can be monetary gain, joint ownership of IPRs, transfer of technology etc. In cases where specific individuals or groups are identified such benefits are rendered directly to them. Otherwise, the amount is deposited in National Biodiversity Fund.
- How is the money collected under the ABS scheme spent?
The money collected through the Access and Benefit Sharing Agreement is divided in two parts. 5% of the total amount is kept by the NBA/SBB as the case may be, 95% of the money collected is passed on to the benefit claimers if they are identified else it is deposited with the concerned BMC.
- How does the NBA or SBB monitor the purchase and sale of biological resources and the future sharing of benefits by the entities that have been granted approval for access under the Act?
The entities that have been granted approval for access under the Act have to furnish the financial reports for each year to the NBA or SBB. The benefit-sharing component as agreed in the agreement has to be paid to the NBA or SBB and the same to be in alignment with the financial reports.