State Boards, Management Committees and the People's Biodiversity Register

In one line

Every gram panchayat in India is required to have a Biodiversity Management Committee, and the National Authority must consult it before deciding anything about resources in its area.

In the wording a student can write in an exam: section 41(1) provides that every local body at the Gram Panchayat level in rural areas, and at the Nagar Panchayat or Municipal Committee or Municipal Corporation level in urban areas, shall constitute a Biodiversity Management Committee within its area, for promoting conservation, sustainable use and documentation of biological diversity, including preservation of habitats, conservation of landraces, folk varieties, farmers' varieties and cultivars, domesticated stocks and breeds of animals, living things in water bodies and microorganisms, and chronicling of knowledge relating to biological diversity; and section 41(2) requires the National Biodiversity Authority and the State Biodiversity Boards to consult the Committee while taking any decision relating to the use of biological resources or associated traditional knowledge occurring within its territorial jurisdiction.

The State Biodiversity Board

Section 22. The State Government establishes it by notification, a body corporate with perpetual succession and a common seal. No Board is constituted for a Union territory: there the National Biodiversity Authority exercises the Board's powers, and may delegate them to a person, group or body the Central Government specifies.

Its members: a Chairperson, an eminent person having adequate knowledge, expertise and experience in the conservation and sustainable use of biological diversity and in fair and equitable sharing of benefits; not more than seven ex officio members representing the concerned departments including those dealing with Panchayati Raj and tribal affairs; and not more than five non-official members from among experts.

Section 23, its functions. To advise the State Government on conservation, sustainable use and benefit sharing, in conformity with the regulations or guidelines issued by the Central Government or the National Biodiversity Authority; to regulate any activity referred to in section 7 by granting or rejecting approvals; to determine fair and equitable benefit sharing as provided by the Authority's regulations while granting approvals; and to perform such other functions as are necessary or prescribed.

Section 24, the restriction power. A person intending to undertake an activity covered by section 7 gives prior intimation in the prescribed form; and if the Board is of the opinion that the activity is detrimental or contrary to the objectives of conservation and sustainable use of biodiversity or of fair and equitable sharing of benefits, it may by order restrict or reject the activity, not without giving an opportunity of being heard; and it shall place in the public domain the details of every approval granted or rejected.