Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes
Section 7 of the Biological Diversity Act, 2002 deals with prior intimation to State Biodiversity Board for accessing biological resource for certain purposes. No person, other than the person covered under sub-section (2) of section 3, shall access any biological resource and its associated knowledge for commercial utilisation, without giving prior intimation to the concerned State Biodiversity Board, but such access shall be subject to the provisions of The Act came into force on 01 Oct 2003.
1[7. Prior intimation to State Biodiversity Board for accessing biological resource for certain purposes.—
(1) No person, other than the person covered under sub-section (2) of section 3, shall access any biological resource and its associated knowledge for commercial utilisation, without giving prior intimation to the concerned State Biodiversity Board, but such access shall be subject to the provisions of clause (b) of section 23 and sub-section (2) of section 24:
Provided that the provisions of this section shall not apply to the codified traditional knowledge, cultivated medicinal plants and its products, local people and communities of the area, including growers and cultivators of biodiversity and to vaids, hakims and registered AYUSH practitioners only who have been practicing indigenous medicines, including Indian systems of medicine as profession for sustenance and livelihood.
(2) In the case of cultivated medicinal plants, the exemption under sub-section (1) shall be available only if a certificate of origin is obtained from the Biodiversity Management Committee in such manner as may be prescribed.
(3) The Biodiversity Management Committee shall, on the basis of entries made in such books, maintained in such manner, issue the certificate of origin under subsection (2) in such manner as may be prescribed.]
Section 7, 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
Referred to by 7
- s. 6 Application for intellectual property rights not to be made without approval of National Biodiversity Authority
- s. 23 Functions of State Biodiversity Board
- s. 24 Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc
- s. 40 Provisions of this Act not to apply in certain cases
- s. 55 Penalties
- s. 55A Adjudication of penalties
- s. 62 Power of Central Government to make rules
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Divya Pharmacy v. Union of India
Court's Decision & Legal Precedent
Final Order order-7.pdf 2018-12-21 DATE VERIFIED. Sudhanshu Dhulia J. WP(M/S) 3437/2016. Isolate: Biological Diversity Act s.21 — fair and equitable benefit sharing is determined by the NBA under s.21, but Indian entities accessing biological resources commercially are also liable to FEBS; s.2(g)’s reference to NBA s.21 is not a foreign-entity-only limit when read with s.7/s.23/s.24 and the Nagoya/Rio scheme. Existing CNR already mapped to ss.3 and 7 — add s.21 only. Do not re-pad 3/7.
On this section: Indian entities accessing biological resources for commercial utilisation must give prior intimation under s.7; the State Biodiversity Board can still impose fair and equitable benefit sharing on them (Divya Pharmacy).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… has been filed on behalf of the applicant for grant of bail in connection with Crime POR No.47720/03 registered at Police Station Forest Circle Officer Shikara, General Circle Ghansore, District Ghansore, for the offence punishable under Sections 2(16), 9, 39, 51, 52, 57 of the Wile Life (Protection) Act, 1972 and Section 7 of the Biological Diversity Act, 2000. Digitally signed by DEVASHISH MISHRA Date: 2022.07.15 12:48:55 IST SAN Signature Not Verified Learned counsel for the applicant submits that the applicant is in jail since 24.02.2022. He submits that as per case of prosecution, some flesh of wild boar was seized from …
-
… Balapalli Range, registered for the offences punishable under Sections 20(1)(C)(ii) (iii) (iv) (vi) & (X), Section 32(A), Section 20(1)(d)(1)(a), 32(A) of A.P. Forest Act, 1967, Sections 27, 29, 31 & 32 of Wild Life (Protection) Act, 1972, Section 51(1), 55(2), 58 and 7 of the Biological Diversity Act, 2002 and under Sections 378 and 379 IPC. 2. The case of prosecution is that on the instructions of Divisional Forest Officer, Wild Life Management Division, Tirupati, the Forest Range Officer, SVNP, Balapalli Range along with his staff proceeded to Balapalli West Beat of Balapalli …
-
… This is the first anticipatory bail application under Section 438 of Cr.P.C. filed on behalf of the applicant, who is apprehending his arrest in relation to Crime No./Forest Offence No. 249/08 registered at Police Station Forest Range Officer, District Khandwa (MP) for the offence punishable under Sections 55, 58, 7 of the Biological Diversity ACt, 2002, section 26(1) (ch) of Indian Forest Act, 1927 and section 76 Rule 5 of the M.P. Forest Produce (Biodiversity Conservation & Sustainable Harvesting) Rules, 2005. According to the case of prosecution, applicant alongwith other coaccused persons were found involved in the …
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 7
What have the courts held on Section 7 of the Biological Diversity Act?
Divya Pharmacy v. Union of India (21 Dec 2018) is the leading judgment on this section among those set out below: Indian entities accessing biological resources for commercial utilisation must give prior intimation under s.7; the State Biodiversity Board can still impose fair and equitable benefit sharing on them (Divya Pharmacy).
How do I find court cases under Section 7 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 7, section 7 Biological Diversity Act, section 7 of the Biological Diversity Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Divya Pharmacy v. Union of India (21 Dec 2018).
What should I read with Section 7 of the Biological Diversity Act, and has it changed?
Its own text turns on section 3 (Certain persons not to undertake Biodiversity related activities without approval of National Biodiversity Authority), section 23 (Functions of State Biodiversity Board), section 24 (Power of State Biodiversity Board to restrict certain activities violating the objectives of conservation, etc), so none of them can safely be read on its own. 7 other provisions in this corpus refer back to it. 4 instruments name it without being made under it, most recently ABS Regulations 2025 (2025), then The Biological Diversity (Amendment) Rules, 2025 (2025).
When did Section 7 of the Biological Diversity Act come into force?
Section 7 of the Biological Diversity Act, cited as Biological Diversity Act 7, 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 14 Oct 2026. This page is not a substitute for legal advice.