Central · Act 18 of 2003

Section 38 — Power of Central Government to notify threatened species.

The Biological Diversity Act, 2002

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Without prejudice to the provisions of any other law for the time being in force, the Central Government, in consultation with the concerned State Government, may from time to time notify any species which is on the verge of extinction or likely to become extinct in the near future as a threatened species and prohibit or regulate collection thereof for any purpose and take appropriate steps to rehabilitate and preserve those species.

1[Provided that the Central Government may delegate such power to the State Government:

Provided further that where such power is delegated to the State Government, it shall consult the National Biodiversity Authority before issuing any such notification.]

Source footnotes

1. Ins. by Act 10 of 2023, s. 28 (w.e.f. 1-4-2024).

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Next · Section 39Power of Central Government to designate repositories. →All sections / सभी धाराएँThe Biological Diversity Act, 2002 →
More sections of this actSection 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority.Section 4 · Results of research not to be transferred to certain persons without approval of National Biodiversity Authority.Section 5 · Certain provisions not to apply to certain collaborative research projects.Section 6 · Application for intellectual property rights not to be made without approval of National Biodiversity Authority.Section 7 · Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes.Section 8 · Establishment of National Biodiversity Authority.
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India Code, Government of India. Text fetched 17 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.

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