Bringing Back Manas

According to Sec. 2(h) ‘local bodies’ means
Panchayats and Municipalities, by whatever name
called, within the meaning of clause (1) of article 243B
and clause (1) of article 243Q of the Constitution and
in the absence of any Panchayats or Municipalities,
institutions of self-government. Since, BTC comes
under the purview of ‘institutions of self- government
constituted under any other provision of the
Constitution or any Central Act or State Act’; it fulfills
the definition of ‘local bodies’ hence it can be covered
under the Biological Diversity Act, 2002.
Unfortunately, the Biological Diversity Act, 2002
has not been implemented by any of the Tribal
Council, whether of the Khasi, Garo, Karbi as well as
Bodo, despite these areas being biodiversity hotspot.
National Biodiversity Fund
In chapter VII Finance, Accounts and Audit of
National Biodiversity Authority, Sec. 27 deals with
Constitution of National Biodiversity Fund.
As per Sec 27 (2), the fund shall be applied for:-
(a) channeling benefits to the benefit claimers;
(b) conservation and promotion of biological
resources and development of areas from
where such biological resources or
knowledge associated thereto has been
accessed;
(c) Socio-economic development of areas
referred to in clause (b) in consultation
with the local bodies concerned.
SCOPE: Sec 3(1) of the Sixth Schedule empowers BTC
to make laws with respect to, the management of any
forest apart from reserve forest. The management of
forest also includes ‘conservation and promotion of
biological resources’. BTC is also responsible for the
socio-economic development of the area, so the
National Biodiversity Authority should disburse the
National Biodiversity Fund in consultation with them.
State Biodiversity Fund
Similarly, in Chapter VIII Finance, Accounts and
Audits of State Biodiversity Board, Sec 32 deals with
the Constitution of State Biodiversity Fund.
As per Sec.32 (2) The State Biodiversity Fund shall
be applied for-
(a) the management and conservation of
heritage sites;
(b) compensating or rehabilitating any
section of the people economically
SCOPE:
affected by notification under sub-section
(1) of section 37;
(c) conservation and promotion of biological
resources;
(d) socio-economic development of areas
from where such biological resources or
knowledge associated thereto has been
accessed subject to any order made under
section 24, in consultation with the local
bodies concerned;
(e) meeting the expenses incurred for
purposes authorized by this Act.
BTC being a local body, here also State
Biodiversity Board should disburse its State
Biodiversity Fund in consultation with them.
Biodiversity Heritage Sites
The State Government, in consultation with the
local bodies can notify in the official gazette, the areas
of biodiversity importance as biodiversity heritage
sites. (SEC.37 (1))
Purpose
2 Hills Syndicate v. North Cachar Hills Autonomous Council, AIR 2001 Gau 83.
Conservation and protection of areas of
biodiversity importance. Biodiversity is defined as:
“Biological diversity means the variability among living
organisms from all sources and the ecological complexes of
which they are a part and includes diversity within species
or between species and of ecosystems”
Statutory Provision
Section 37 of the Biological Diversity Act, 2002
Power to declare biodiversity heritage sites :
State Government has been vested with the power
to declare areas as Biodiversity Heritage Sites.
Criteria to be followed in declaring an Area as
Biodiversity Heritage Site
The areas should be important in terms of
biodiversity.
Consultation with local bodies. Local bodies
refers to Panchayat and Municipalities, by
whatever name called, within the meaning of
Clause (1) of article 243-B and clause (1) of
article 243 Q of the Constitution and in the
absence of any Panchayat or Municipalities,
institutions of self government constituted
under any other provision of the Constitution
or any Central Act or State Act.
After consultation, a Notification in the
Official Gazette specifying the limits and
extent of the area.
24 Bringing Back Manas