Every local body shall constitute a Biodiversity Management Committee (BMC) within its area for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and microorganisms and chronicling of knowledge relating to biological diversity.
The National Biodiversity Authority (NBA) and State Biodiversity Boards (SBBs) shall consult the BMCs while taking any decision relating to the use of biological resources and knowledge associated with such resources occurring within the territorial jurisdiction of the BMC.
The BMCs may levy charges by way of collection fees from any person accessing or collecting any biological resource for commercial purposes from areas falling within its territorial jurisdiction.
Constitution of BMCs
Every local body, in accordance with provisions contained in Article 243B, in respect of Panchayats at the village, intermediate and district levels and Article 243Q, in respect of Municipalities (Nagar Panchayats, Municipal Councils and Municipal Corporations), shall constitute a BMC within its area of jurisdiction, through a simple resolution, for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and micro-organisms and chronicling of knowledge relating to biological diversity.
If the local body is satisfied that the functions of the BMC can be discharged by the general assembly of the local body or by one of its existing committees, the same should be recorded as resolution passed by such local body, following due procedure.
The BMCs thus constituted shall consist of a Chairperson and not more than six persons nominated by the local body, of which not less than one third shall be women and not less than 18% should belong to Schedule caste/Schedule tribes. These persons should be drawn from amongst the herbalists, agriculturists, Non Timber Forest Produce collectors/ traders, fisher-folk, representatives of user associations, community workers, and academicians and any person/ representative of organization, on whom the local body trusts that they can significantly contribute to the mandate of the BMC. All the above should be residents within the said local body limits and be in the voters list.
The local body may, if required, nominate six special invitees from forest, agriculture, livestock, health, fisheries and education department.
The Chairperson of the BMC shall be elected from amongst the members of the committee, in a meeting to be presided over by the Chairperson of the local body (e.g. Panchayat in villages and municipality in urban areas). The Chairperson of the local body (i.e. the Sarpanch /CEO) shall have the casting vote in case of a tie.
The BMC shall be con-terminus with the tenure of the local body or five years, whichever is less.
The local Member of the Legislative Assembly (MLA) and Member of Parliament (MP) may be invited as special invitees to the meetings of the BMCs at different levels.
The BMC may co-opt persons, having expertise and knowledge in biodiversity conservation, or connected biodiversity conservation, as its special invitees so as to be assisted in efficient discharge of its functions.
After constitution of the BMC, information regarding the same is to be submitted to the State Biodiversity Board for further advice & guidance regarding functioning of constituted committee.
A Technical Support Group (TSG) comprising of experts in the field of biodiversity drawn from Government agencies, Non-governmental Organizations (NGOs), academic field, community and individuals shall be established by District Administration at district level. The expert group shall lend support to all BMCs in the district.
