Functions & Activities

Biodiversity Management Committees (BMCs)

As per Section 41 of the Act, every local body shall constitute a Biodiversity Management Committee (BMC) for its area, aimed at promoting the conservation, sustainable use, and documentation of biodiversity. Establishing BMCs at the grassroots level is an important foundational arrangement for implementing the Biodiversity Act, and its legal status is that of an autonomous body.

Structure of the Biodiversity Management Committee

1. To constitute a BMC, the chairperson of the concerned local body shall first convene a general meeting of the local body.

2. At the meeting, a maximum of 06 persons shall be selected by general consensus as members of the committee; their names must necessarily appear in the voter list of the concerned local body. The composition of the committee shall be as follows:—

1. Chairperson (any category) — 1
2. Woman member (any category) — 2
3. SC/ST member — 1
4. Member (any category) — 2

3. The Member Secretary of the Biodiversity Management Committees constituted at various levels shall be the following officer of the local body:—

Gram Panchayat — Panchayat Secretary
Panchayat Samiti — Block Development Officer
Zila Parishad — Chief Executive Officer of the Zila Parishad
Nagar Nikay (Urban Local Body) — Chief Executive Officer of the concerned Nagar Nikay

4. Each BMC shall thus have a total of 07 members, including the Secretary.

5. The Chairperson of the Biodiversity Management Committee shall be elected by the members of the committee. The chairperson of the local body shall preside over that meeting. In the event of a tie, the chairperson of the local body shall have the casting vote. The Secretary of the Biodiversity Management Committee shall not have the right to vote.

Tenure of the BMC

1. The tenure of the BMC shall be 05 years, i.e. coterminous with the tenure of the local body. Until a new committee is constituted, the previously constituted committee shall continue to function as before.

2. In the event the tenure of the local bodies ends, the tenure of the Biodiversity Management Committees shall be extended until the tenure of the “Advisory Committee” constituted by the government for carrying out the functions of the local bodies.

3. The tenure of the Chairperson of the BMC shall be coterminous with the tenure of the committee.

Appeal for Resolution of Disputes

For resolution of disputes regarding the implementation of any order/direction or any policy decision, Rule 27 of the Bihar State Biodiversity Rules, 2017 provides as follows:—

(a) Appellate Authority:—

(b) Appeal Procedure:—

1. The appeal memorandum is required to state the following information and enclose the relevant records:—
(i) Facts of the case
(ii) Grounds of the applicant’s appeal
(iii) Details of the relief sought
(iv) An authenticated copy of the order or policy decision by which the appellant was aggrieved

2. The appeal memorandum shall be signed by the appellant or their authorised representative.

3. The appeal memorandum shall be submitted in four copies by registered post within 30 days from the date of the order, direction, or policy decision.

2. Before taking any decision regarding access to biological resources available within the territorial jurisdiction of a local body and the use of associated knowledge, the National Biodiversity Authority and the State Biodiversity Board shall consult the concerned BMC.

Management of the Local Biodiversity Fund

1. The Local Biodiversity Fund constituted and appropriated under Sections 42, 43 and 44 of the Act shall be operated under the seal and signature of the Chairperson of the Biodiversity Management Committee.

2. There shall be two heads of account for operating the Biodiversity Fund:—
(a) Receipts from the Authority, the Central and State Governments, and the Board.
(b) Fees and other receipts of the committee.

3. All income received by the committee shall be kept in a bank account.

4. Amounts shall be deposited as grants into the BMC’s account by the National Biodiversity Authority and the State Biodiversity Board, to be spent by the concerned BMC on biodiversity conservation and management.

5. All payments by the BMC shall be made by cheque, jointly signed by the Chairperson and Secretary of the committee.

6. The responsibility for handling the BMC’s funds lies with the Secretary of the committee, who shall also be responsible for the proper transfer of funds received and maintenance of accounts.

7. The annual audit of the BMC’s accounts shall be conducted by auditors appointed for the purpose, a copy of which shall also be sent to the local body and the State Biodiversity Board.