Provisions of this Act not to apply in certain cases

Q: When did Section 40 of the Biological Diversity Act come into force?

Section 40 of the Biological Diversity Act, cited as Biological Diversity Act 40, 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.

In force From 01 Oct 2003 Act 18 of 2003 As on 16 Oct 2026

Act 18 of 2003 Ministry Environment, Forest and Climate Change Enacted 05 Feb 2003 In force 01 Oct 2003 Instruments 5

Section 40 of the Biological Diversity Act, 2002 deals with 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 commodi The Act came into force on 01 Oct 2003.

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.]
Section 40, The Biological Diversity Act, 2002 (Act 18 of 2003).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Made under this section, and citing it

1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Exemption of Crops listed in the Annex I of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) from seeking approval of NBA under Section 3 and 4 of the Biological Diversity Act, 2002Regulation 2014

Another 4 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 40

What does Section 40 of the Biological Diversity Act deal with?

Section 40 of the Biological Diversity Act is headed "Provisions of this Act not to apply in certain cases". [40. Provisions of this Act not to apply in certain cases.

How do I find court cases under Section 40 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 40, section 40 Biological Diversity Act, section 40 of the 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 40 of the Biological Diversity Act, and has it changed?

Its own text turns on 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), so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there is one: most recently Exemption of Crops listed in the Annex I of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) from seeking approval of NBA under Section 3 and 4 of the Biological Diversity Act, 2002 (2014).

When did Section 40 of the Biological Diversity Act come into force?

Section 40 of the Biological Diversity Act, cited as Biological Diversity Act 40, 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

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.