Central · Act 18 of 2003

Section 40 — Provisions of this Act not to apply in certain cases.

The Biological Diversity Act, 2002

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1[40. Provisions of this Act not to apply in certain cases. --Notwithstanding anything contained in this Act, the Central Government may, in consultation with the National Biodiversity Authority, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall not apply to biological resources when normally traded as commodities or to the items derived from them, including agricultural wastes, as notified and cultivated medicinal plants and their products for entities covered under section 7, registered as per the regulations made or as may prescribed:

Provided that no exemption shall be made for the activities referred to in sub-sections (1) and (2) of section 6.]

Source footnotes

1. Subs. by Act 10 of 2023, s. 29, for section 40 (w.e.f. 1-4-2024).

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Next · Section 41Constitutions of Biodiversity Management Committees. →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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