Section 19 in THE BIOLOGICAL DIVERSITY (AMENDMENT) ACT, 2023
19.Amendment of section 21.
In section 21 of the principal Act,—(a)in the marginal heading, for the word "equitable", the words "fair and equitable" shall be substituted;(b)for sub-section (1), the following sub-section shall be substituted, namely:—"(1) The National BiodiversityAuthority shall, while determining benefit sharing for the approval granted under this Act, ensure that the terms and conditions subject to which the approval is granted secures fair and equitable sharing of benefits arising out of the use of accessed biological resources, their derivatives, innovations and practices associated with their use and applications Amendment of section 20.and knowledge relating thereto in accordance with mutually agreed terms and conditions between the person applying for such approval, and the Biodiversity Management Commitee represented by the National Biodiversity Authority.".(c)in sub-section (3), for the proviso, the following proviso shall be substituted, namely:—"Provided that where biological resource or associated knowledge was a result of access from an individual or group of individuals or organisations, the National BiodiversityAuthority may direct that the amount shall be paid directly to such benefit claimer or organisation in accordance with the terms of any agreement and in such manner as it deems fit.".
