41. Constitution of Biodiversity Management Committee.—3
[(1) Every local body at the Gram
Panchayat level in the rural areas and at the Nagar Panchayat or Municipal Committee at Municipal
Corporation level in the urban areas shall constitute a Biodiversity Management Committee (by whatever
name called) within its area for the purpose of 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:
Provided that the State Government may constitute Biodiversity Management Committees at the
intermediate or district Panchayat level for achieving the objectives of the Act.
(1A) The functions of Biodiversity Management Committee so constituted shall include conservation,
sustainable use and documentation of biological diversity, including conservation of habitats, landraces,
folk varieties, cultivars, domesticated breeds of animals, and microorganisms, and chronicling of
traditional knowledge associated thereto relating to biological diversity
(1B) The composition of the Biodiversity Management Committee shall be such as may be prescribed
by the State Government:
Provided that the number of members of the said Committee shall not be less than seven and not
exceeding eleven.]
(2) The National Biodiversity Authority and the State Biodiversity Boards shall consult the
Biodiversity Management Committees while taking any decision relating to the use of biological
1. Ins. by Act 10 of 2023, s. 28 (w.e.f. 1-4-2024).
2. Subs. by s. 29, ibid., for section 40 (w.e.f. 1-4-2024).
3. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-4-2024).
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resources 1
[or traditional knowledge associated thereto] occurring within the territorial jurisdiction of the
Biodiversity Management Committee.
2
[Explanation.—For the purposes of this section—
(a) “cultivar” means a veriety of plant that has originated and persisted under cultivation or
was specifically bred for the purpose of cultivation;
(b) “folk variety” means a cultivated variety of plant that was developed, grown and
exchanged informally among farmers;
(c) “landrace” means primitive cultivar that was grown by ancient farmers and their
successors;
(d) “farmers' variety” means a veriety which—
(i) has been traditionally cultivated and evolved by the farmers in their field; or
(ii) is a wild relative or landrace of a veriety about which the farmers possess the
common knowledge.]
(3) The Biodiversity Management Committees 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 territorial jurisdiction.