Power of Central Government to notify threatened species
Section 38 of the Biological Diversity Act, 2002 deals with power of Central Government to notify threatened species. 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 s The Act came into force on 01 Oct 2003.
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.]
Section 38, The Biological Diversity Act, 2002 (Act 18 of 2003).
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 38
What does Section 38 of the Biological Diversity Act deal with?
Section 38 of the Biological Diversity Act is headed "Power of Central Government to notify threatened species". 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 s
How do I find court cases under Section 38 of the Biological Diversity Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Biological Diversity Act 38, section 38 Biological Diversity Act, section 38 of the Biological Diversity Act. People searching for it also type section 38 of biological diversity act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 38 of the Biological Diversity Act, and has it changed?
2 instruments name it without being made under it, most recently ABS Regulations 2025 (2025), then The Biological Diversity Rules 2024 (2024).
When did Section 38 of the Biological Diversity Act come into force?
Section 38 of the Biological Diversity Act, cited as Biological Diversity Act 38, came into force on 01 Oct 2003, having been enacted on 05 Feb 2003. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions671 words
- 62. Power of Central Government to make rules540 words
- 19. Approval by National Biodiversity Authority for undertaking certain activities421 words
- 36. Central Government to develop national strategies and plans for conservation, promotion and sustainable use of biological diversity417 words
- 41. Constitutions of Biodiversity Management Committees372 words
- 50. Settlement of disputes354 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.