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Legislative, Administrative or Policy Measure (MSR)
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ABSCH-MSR-IN-283012-1   |   PDF   |   Print   |  
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last updated: 16 Feb 2026
General information
India
Biological Diversity Rules, 2024
  1. To operationalise the Biological Diversity Act 2002 as amended in 2023, including laying down the procedure and guidelines to govern the activities for access to biological resources, including Digital Sequence Information, occurring in or obtained from India and knowledge associated thereto (Section 3 of the Act), share or transfer of Research Results(Section 4 of the Act), and obtaining prior approval of NBA before grant of IP rights (Section 6 of the Act).
  2. These Rules provide for procedures, new application forms and application fees for seeking approval from the NBA  to undertake the activities envisaged in the Act. 
  3.  It also prescribes procedures for monitoring and regulating the use of biological resources or associated traditional knowledge obtained from any foreign country in India ( user Country measures under Articles  15, 16 & 17  of the Nagoya Protocol on ABS). 
  4.  A procedure for conducting non-commercial research or research for emergency purposes outside India by an Indian researcher or institution has also been provided. 
  5.  Manner of inquiry by the Adjudicating Officer on the contravention of Sections 3, 4, 6 and 7 of the Act and imposing penalty thereof has also been prescribed.



National / Federal
Legally binding
21 Oct 2024
Law
No
Document details
Amendments
  • ABSCH-MSR-IN-201984-3 Legislative, Administrative or Policy Measure The Biological Diversity Rules, 2004
    1. To operationalize the Biological Diversity Act 2002 including laying down the procedure and guidelines to govern the activities for access to biological resources, occurring in or obtained from India and knowledge associated thereto (Section 3 of the Act), transfer of Research Results(Section 4 of the Act), obtaining previous approval of NBA before grant of IP rights(Section 6 of the Act) and third party transfer(Section 20 of the Act). 

    2. These Rules also provide for formats viz., Form-I (Access to biological resources), Form-II (Transfer results of research), Form-III (Seeking previous approval before grant of IP rights) and Form-IV (Third Party Transfer of biological resources and associated knowledge).
  • ABSCH-MSR-IN-282755-1 Legislative, Administrative or Policy Measure The Biological Diversity (Amendment) Act, 2023.
In supersession of the Biological Diversity Rules, 2004, the Central Government notified the Biological Diversity Rules, 2024 on 22.10.2024.
EN
Regulatory contact information
- Competent National Authority: | ABSCH-CNA-IN-202013-2
Competent National Authority:
National Biodiversity Authority ()
5th Floor, TICEL Biopark, CSIR Road, Taramani
Chennai, Tamilnadu
600 113, India
Phone: +91 44 2254 2777,
Fax: +91 44 2254 1200,
Email: secretary@nbaindia.org, chairman@nba.nic.in, secretary@nba.nic.in,
Website: http://www.nbaindia.org,
ABSCH-CNA-IN-202013-2
Amendments
  • ABSCH-MSR-IN-283238-1 Legislative, Administrative or Policy Measure Biological Diversity (Amendment) Rules, 2025.
     The  Rules provides for simplified electronic process for obtaining certificate of origin for cultivated medicinal plants from the Biodiversity Management Committee and format of Records by Biodiversity Management Committee.
Relationships
This Biological Diversity Rules, 2004 has been notified by the Central Government (Federal/National) to carry out the purposes of the Biological Diversity Act, 2002 under Section 62.
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   All types of genetic resources -   Animals , -   Plants , -   Fungi , -   Microorganism , -   Domesticated species and/or cultivated species , -   Wild species - found in - All areas of access of the genetic resource In-situ Agricultural areas , Dry and sub-humid areas , Forest , Inland waters , Islands , Marine and coastal areas , Mountains , Protected areas , Ex-situ , Soil and/or water samples (Rule 13, 15, 16 and 20)
  Traditional knowledge associated with genetic resources ( Rule 13,15, and 16 )
  Provisions on temporal scope ( Rule1(2) )
  Amended by Biological Diversity (Amendment) Rules, 2025. ( Preamble )
  ACCESS
  Access to genetic resources
  For commercial use ( Rule 13,15, and 16 )
  For non-commercial use ( Rule 13,15, 16 and 20 )
  Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
  For commercial use ( Rule 13,15, and 16 )
  For non-commercial use ( Rule 13,15, 16 and 20 )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Rule 13(5), 15(4), 16(1)(d), and 16(3)(d) )
  Established rules and procedures for mutually agreed terms ( Rule 13(5), 15(4), 16(1)(d), and 16(3)(d) )
  BENEFIT-SHARING
  Monetary benefits ( Rule 13(4), 15(3), 16(1)(c), and 16(3)(c) )
  Non-monetary benefits ( Rule 13(4), 15(3), 16(1)(c), and 16(3)(c) )
  For commercial use ( Rule 13(4), 15(3), 16(1)(c), and 16(3)(c) )
  For non-commercial use ( Rule 13(4), 15(3), 16(1)(c), and 16(3)(c) )
  COMPLIANCE
  Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Rule 18 )
  Issues related to monitoring the utilization of genetic resources (Article 17) ( Rule 18 )
  Compliance with mutually agreed terms (Article 18) ( Rule 18 )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
No provisions for this element
Additional Information
  1. Procedure for restricting access to biological resources and knowledge associated with such biological resources have been provided in Rule 14. 
  2. Rule 23 provides about  Manner of inquiry by the Adjudicating Officer on the contravention of Sections 3, 4, 6 and 7 of the Act and imposing penalty thereof has also been prescribed.
Records referencing this document Show in search
Record type Field Record(s)
Legislative, Administrative or Policy Measure Relationship with other measures 2
Legislative, Administrative or Policy Measure List of amended measures 1

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