As a signatory to the Convention on Biological Diversity, India was to enact a comprehensive legislation to achieve the objectives of the said convention. As such, In 2002 India enacted the Biological Diversity Act and subsequently in 2004, the Biological Diversity Rules came into effect for fulfilling the three main objectives of the convention, viz., conservation of biodiversity, sustainable use of the same and ensuring equitable sharing of benefits arising out of the use of the biological resources. The Biological Diversity Act envisages a three tier system for implementing the same with the National Biodiversity Authority at the apex with its headquarters located in Chennai, each state with its individual State Biodiversity Board and each local body with a Biodiversity Management Committee.
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As per The Biological Diversity Act, 2002 [Section 41], every local body shall constitute a Biodiversity Management Committee (BMC) within its area. Local body in this case refers to the levels of Panchayat Samiti (Block) and Municipality in the state of West Bengal presently on an initial basis. This would include 333 Panchayat Samitis and 116 Municipalities.These BMCs will be constituted 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.
CONSTITUTION OF BMC:
The BMCs shall be constituted as per the provisions of Rule 22 of The Biological Diversity Rules, 2004.
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Each BMC will consist of a Chairperson and not more than six persons. All the 7 members will be nominated by the local body. Out of this committee not less than one third should be women and not less than 18% should belong to the Scheduled Castes/ Scheduled Tribes.
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The Chairperson of the BMC shall be selected/ elected from amongst the members of the committee in the first meeting to be chaired by the Chairperson of the local body (Sabhapati in case of Panchayat Samiti and Chairman in case of Municipality). The Chairperson of the local body shall have the casting vote in case of a tie.
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The constituted BMC shall have a tenure of three years after it will have to be reconstituted.
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The local Member of Legislative Assembly and Member of Parliament would be special invitees to the meetings of the Committees.
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The BMC may co-opt persons, having expertise and knowledge in biodiversity conservation, or connected to biodiversity conservation, as its special invitees so as to be assisted in efficient discharge of its functions.
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After constitution of the BMC, an information regarding the same to be submitted to the State Biodiversity Board for further advise & guidance regarding functioning of constituted committee.
District |
Biodiversity Management Committees (Panchayat Samiti (P.S.)/ Municipality) |
G.P./ Ward selected for PBR exercise |
1. Darjeeling |
01. Matigara P.S.
02. Mirik Block (21.08.2010) |
Champasari G.P. (released) - 22.05.2011
PBR yet be started |
2. Jalpaiguri |
03. Mal P.S. (27.03.2006) |
Odlabari G.P. (ongoing) |
3. Coochbehar |
04. Coochbehar II P.S. |
Baneswar G.P.(ongoing) |
4. Murshidabad |
05. Nabagram P.S. |
7 G.P. released on 22.05.2011 |
06. Jalangi P.S. |
2 G.P. released on 22.05.2011 |
07. Bhagabangola P.S. |
Ongoing |
08. Ajimganj-Giaganj Municipality |
Released on 22.05.2011 |
5. Nadia
|
09. Kalyani Municipality |
19 Wards (released) |
10. Karimpur I P.S. |
Jamsherpur G.P.(released) |
11. Chakdah P.S. |
Silinda G.P. (released)
Tathla II G.P. (released)
Dubra / Chanduria / Hingara G.P.
(proposal received) |
12. Chakdah Municipality (30.11.2010) |
PBR proposal received |
6. Hooghly |
13. Goghat II P.S. (22.02.2005) |
All 9 G.Ps (ongoing)
(5 mouzas released) |
14. Rishra Municipality |
All the 23 Wards (ongoing) |
15. Bhadreswar Municipality |
PBR yet to be started |
7. Burdwan |
16. Ketugram II P.S. |
Nabagram G.P. (released)
Billeswar G.P. (proposal received) |
17. Ketugram I P.S. |
PBR yet to be started |
8.Paschim Medinipur |
17. Dantan II |
Jenkapur II G.P.(released) |
18. Jamboni P.S. |
PBR yet to be started |
9. Bankura |
19. Bankura II P.S. |
Mankanali G.P. (released) |
20. Sonamukhi P.S. |
Kochdihi G.P. (ongoing) |
10. Purulia |
21. Jhalda I P.S. |
Jhalda-Darda G.P. (released) |
11.24 Parganas (S) |
22. Patharpratima P.S. |
Patharpratima G.P. (released) |
23. Bishnupur II P.S. |
Bakrahat G.P. (ongoing) |
24. Gosaba P.S. |
Lahiripur G.P. (proposal received) |
25. Sagar P.S. |
Mooriganga I G.P. (released) |
12. 24 Parganas (N.) |
26. Basirhat II P.S. |
Kholapota G.P. (released) |
27. Madhyamgram Municipality |
5 wards (released) |
13.Uttar Dinajpur |
28. Raigunj Municipality
|
PBR yet to be started |
14.Dakshin Dinajpur |
29. Gangarampur P.S. |
PBR yet to be started |
14. Purba Medinipur |
30. Nandigram I P.S. |
PBR yet to be started |
15. Howrah |
31. Uluberia I P.S.
32. Domjur P.S.
33. Panchla P.S. (18-01-2011) |
PBR yet to be started |
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POWERS OF THE BMC:
The BMC has the right within its jurisdiction to take decisions relating to use of biological resources and associated traditional knowledge. According to Section 41(2) of The Biological Diversity Act 2002, The National Biodiversity Authority and the State Biodiversity Boards are bound to consult the respective BMCs whenever the situation arises regarding use of biological resources and associated traditional knowledge. The BMC has the right to restrict access to biological resources within its territorial jurisdiction by means of reporting to the State Biodiversity Board, if the action pertains to Rule 17 of the West Bengal Biological Diversity Rules, 2005.
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Rule 17 will apply if the access pertains to:
- Endangered taxa
- Endemic or rare species
- Adversely affect livelihoods of local people
- Adversely affect the environment which would be difficult to control and mitigate
- Cause genetic erosion
- Cause destruction of biological resources
- Purposes contrary to national interest and other related international agreements entered into by India.
The BMCs may levy charges by way of collection fees from any person for accessing or collecting any biological resource for commercial purposes from areas falling within its natural jurisdiction.
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DUTIES OF THE BMC:
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Every BMC will constitute a Local Biodiversity Fund by creating a bank account to that respect.
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The Local Biodiversity Fund shall be operated jointly by the Chairperson or by the member to whom the power has been delegated and such other member of the BMC as may be authorized by the Committee.
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The person holding the custody of the Local Biodiversity Fund shall prepare during each financial year its annual report, giving full account of its activities during the previous financial year, and submit a copy to the concerned local body. (As per Section 45 of The Biological Diversity Act)
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The accounts of this Local Biodiversity Fund shall be maintained and audited in consultation with the Accountant-General of the State and the person holding the custody of the Local Biodiversity Fund shall furnish to the concerned local body its audited copy of accounts together with the auditor’s report. (As per Section 46 of The BD Act)
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Every local body constituting a BMC shall facilitate the submission of the annual report and audited copy of accounts together with auditor’s report relating to such Committee to the District Magistrate having jurisdiction over the area of the local body. (As per Section 47 of The Biological Diversity Act)
LOCAL BIODIVERSITY FUND:
The Local Biodiversity Fund created by the BMC will be credited to by means of -
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Any grants and loans from the State Government .
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Any grants or loans made by the National Biodiversity Authority and the State Biodiversity Board.
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Fees received by the BMC by means of levied charges for accessing or collecting biological resources for commercial purposes from areas within its territory.
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All sums received by the Local Biodiversity Fund from such other sources as may be decided upon by the State Government.
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The Fund shall be used for conservation and promotion of biodiversity in the areas falling within
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the jurisdiction of the concerned local body and for the benefit of the community so far such use is consistent with conservation of biodiversity.
The concerned interested person may contact Board’s office directly over phone: 033 2335 2731 / 2335 2707 or Email: biodiversity.wbbb@nic.in in this regard for assistance.
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