G.R. Dt. 2nd May, 2016 – Department of Rural Development – Sub- Bio-Diversity Management Committees in Maharashtra
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Formation of Bio-Diversity Management Committees in Local Bodies
Government of Maharashtra
Department of Rural Development
Government Resolution No:- VPM-2613/Pra.Kra.97/Pan.Ra-4
Bandhkam Bhawan, 25- Marzban Path,
Fort, Mumbai- 400 001
Dated 2nd May, 2016
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Preface:-
Bio-Diversity includes diversity of all living organisms on the earth. India is one of 12 major diversity countries in the world. India which accounts for only 2.42% area of the world records 7.8% species of the global species. India is also rich in the field of traditional and indigenous knowledge of both, informal, as well as, established types. India is a signatory to the United Nations Treaty on Bio-Diversity signed at Rio-De-Janero on the 5th June, 1992. The said Treaty came into force with effect from the 29th day of December, 1993. In furtherance thereof, the Central Government has enacted the Bio-Diversity Act, 2002. Thereafter the Maharashtra Government in the Department of Revenue and Forest notified the Maharashtra Bio-Diversity Rules, 2008 under its Notification Dt. 10th December, 2008. Accordingly, the Government contemplated the matter of forming Bio-Diversity Management Committees in each constituent local body comprised in the Panchayat Raj System.
Government Resolution:-
As per the provisions of Section 41(1) of the Bio-Diversity Act, 2002 and Rule 23(2) of the Maharashtra Bio-Diversity Rules, 2008, each Local Body comprised in the Panchayat Raj System is under obligation to form Bio-Diversity Management Committees. Accordingly, Chief Executive Officers of all Zilla Parishads should take immediate steps for the formation of Bio-Diversity Management Committees in the Local Bodies such as Zilla Parishads, Panchayat Samitis and Village Panchayats comprised within the Panchayat Raj System under their control and proceed to implement the Bio-Diversity Act, 2002. For this purpose, following Guidelines are hereby issued:-
(1) 7 (seven) persons shall be nominated to the Committees at the level of Panchayat Samitis and Zilla Parishads from amongst the Members of the Self-Government Bodies through the medium of General Body. As far as possible, the Nominated Members should be knowledgeable in the fields, such as, agriculture, fishing, minor forest produce, animal husbandry etc. Of these, not less than one third shall be women. The proportion of Members belonging to the Scheduled Castes/Tribes on such Committees shall approximately be in the same ratio as the population of the Scheduled Castes/Tribes bears to the general population of the district where such Committees are formed. All the aforementioned Members should be from the limits of the Local Bodies and they should be enrolled in the Voters’ List for such Area.
(2) Chairpersons of the Bio-Diversity Management Committees at the level of Panchayat Samitis and Zilla Parishads shall be elected from amongst the Members of the Committees at the Meeting presided over by the Chairman of the concerned Local Body. In the event of equality of votes, the Chairman of the Local Body shall be entitled to a casting vote.
(3) At the level of Village Panchayats, Bio-Diversity Management Committees shall be set up as the Village Development Committees under Section 49 of the Maharashtra Village Panchayats Act, 1958. Through the medium of Gram Sabha, seven Members shall be elected and one of them shall be elected as the Chairman. A Gram Sabha convened for the election of the Committee shall be presided over by the Sarpanch. The other criteria vis-à-vis the election of Committee Members shall be as set stated in point No.1.
(4) The concerned Local Bodies may nominate the officers drawn from such Government Departments as Forest, Agriculture, Animal Husbandry, Health, Fisheries, Education and Tribal Development etc. working at the local level as the Invitee Members. Such Invitee Members shall not have the Right to vote, but they shall guide the Committees on technical matters.
(5) The tenure of the Bio-Diversity Management Committees formed at the level of Self-Government Bodies shall be co-terminus with the tenure of the local bodies. On the election to the Self-Government Bodies, such Bio-Diversity Management Committees shall be re-constituted.
(6) The local Members of the Legislative Assembly and Parliament shall be the Special Invitee Members at the Meeting of the Bio-Diversity Management Committees formed at the level of the Panchayat Samitis and Zilla Parishads. On the other hand, Members of the Panchayat Samitis/Zilla Parishads shall be the Special Invitee Members at the Village Panchayat Level Committees.
(7) A Technical Assistance Group comprising experts in the field of Bio-Diversity drawn from Government Agencies, Non-Government Organisations, educational field, society and individuals shall be constituted by the concerned Zilla Parishad. Such Assistance Group shall offer technical assistance to the Bio-Diversity Committees at the appropriate level, from time to time.
(8) The Committees constituted at the level of Zilla Parishads and Panchayat Samitis shall plan the funds obtained from the Maharashtra State Bio-Diversity Board or other sources and shall act as coordinators in the preparation of Bio-Diversity Management Committees in the rural areas of the District, as well as People’s Bio-Diversity Registers. Moreover, with the help of the District Technical Assistance Groups formed for this purpose, it shall offer necessary help to the Village Panchayat Level Committees and shall scrupulously enforce the instructions issued by the Maharashtra State Bio-Diversity Board.
Functions of the Bio-Diversity Management Committees:-
The General functions of the Bio-Diversity Management Committees formed at the level of the Local Bodies, shall be, as set out hereunder:-
(1) To determine the Partnership in the benefits accruing from the bio-diversity resources and from the applied use of local knowledge in that regard within the jurisdictional areas of the Committee.
(2) The Committee shall prepare a People’s Bio-Diversity Register within its jurisdictional area in conformity with the Guidelines laid down by the Maharashtra State Bio-Diversity Board. For this purpose, the District Technical Assistance Group and the Invitee Members on the Committees shall offer all necessary technical assistance.
(3) A People’s Bio-Diversity Register shall contain information vis-à-vis all Bio-Diversity resources found within the operational areas of the Committee, the use, and the knowledge of local people in such matters, etc.
(4) The Committee shall be obliged to maintain secrecy concerning local knowledge in the matter of use of Bio-Diversity Resources set out in the Register.
(5) A Register denoting entries vis-à-vis the grant of permissions for access to Bio-Resources within the operational areas, their use or use of local knowledge in that regard, fees to be charged therefor, benefits accruing therefrom and the apportionment of such benefits shall be maintained by the Committees.
(6) The Committee, in conformity with the conditions laid down in this regard, shall permit persons or bodies to enter and obtain information from the Bio-Diversity Zones within the operational areas by following the procedure laid down in that regard and charge fees, accordingly.
A major share of the fees to be charged for the collection of resources from the private lands or the use of knowledge held by local people shall be paid to the owners of lands or such knowledgeable persons and the balance amount shall be credited to the Local Bio-Diversity Fund.
(7) In the matter of conditions pertaining to the grant of permission for the access to and use of Bio-Resources or the use of local knowledge in that regard, as well as the fees to be charged, therefor, the Committees shall follow the Guidelines issued by the Maharashtra State Bio-Diversity Board.
(8) The Committees, on the basis of information contained in the People’s Bio-Diversity Register, shall prepare and implement Bio-Diversity Conservation Schemes for their jurisdictional areas and for this purpose, may utilise the Local Bio-Diversity Fund accumulated with the Committees.
(9) The Committees, wherever necessary, shall offer their opinion/advice in the cases concerning the use of Bio-Resources or the application of knowledge in that regard or such other as may be assigned to them by the Maharashtra State Bio-Diversity Board or the National Bio-Diversity Authority.
For further guidance in the matter of action to be taken in furtherance of the Bio-Diversity Act or the Rules framed, thereunder, the Member Secretary of the Maharashtra State Bio-Diversity Board, “Jaiva Vividhata Bhawan”, Civil Lines, Nagpur-440 001 (E-Mail- msbb.ngp@gmail.com, Telephone:- 0712-2522982/84)(www.maharashtrabiodiversityboard.gov.in) may be contacted.
This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 201605021110113120. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
V. Giriraj – Digital Signature
[V. Giriraj]
Principal Secretary, Government of Maharashtra,
Copy:-
[1] The Additional Chief Secretary to the Hon’ble Governor,
[2] The Principal Secretary to the Hon’ble Chief Minister,
[3] Private Secretaries to the Hon’ble Ministers and Ministers of State (All),
[4] All Hon’ble Members of the Legislative Assembly and Legislative Council,
[5] The Hon’ble Chief Secretary, Maharashtra State,
[6] The Principal Secretary, Department of Revenue and Forest,
[7] The Additional Principal Chief Conservator of Forests and the Member Secretary, Maharashtra State Bio-Diversity Board, “Jaiva Vividhata Bhawan”, Kadim Baug, Civil Lines, Nagpur- 440 001,
[8] The Director General, the Directorate of Information and Public Relations, Mantralaya, Mumbai,
[9] Divisional Commissioners, All,
[10] Chief Executive Officers of all Zilla Parishads,
[11] Sangram Cell (D.R.D & W.C), Bandhkam Bhawan, Marzban Path, Fort, Mumbai,
[12] Information and Technology Cell (D.R.D & W.C), Bandhkam Bhawan, Marzban Path, Fort, Mumbai,
[13] Select File, Desk, Pan. Ra- 4.
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[Text Translated by Adv. Prakash Manohar Chalke
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