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Consultations for drafting Nagaland biodiversity rules

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Published on 4 Nov. 2010 12:27 AM IST
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The Expert Committee for Drafting Nagaland Biodiversity Rules – 2010 carried out Public Consultations in four district headquarters, namely, Kohima, Mokokchung, Tuensang and Mon from October 20 to 26 with stakeholders including representatives of civil societies, Churches, academia, students and government officers from 11 districts.
In these consultations, Draft Rules-2010 was discussed in detail and people vetted views on the rules that were carefully noted by the Committee.
The participants expressed their desire to examine the rules in greater detail and also consult the communities and therefore demanded for more time before the Draft is finalised.
In view of the popular demand by the people, the call for comment on the Draft Rules-2010 has now been extended to November 31. One may access the Biodiversity Rules.
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Nagaland State Biological Diversity Rules, 2010
DRAFT
(as of 28TH July 2010)
1. Short title and commencement:
(1) These Rules may be called “Nagaland Biological Diversity Rules, 2010”.
(2) They shall come into force on the date of their publication in the
“Nagaland Gazette”.
2. Definitions:
In these Rules, unless the context otherwise requires:
(1) “Act” means the Biological Diversity Act, 2002 (No. 18 of 2003);
(2) “Authority” means the National Biodiversity Authority established under
sub section (1) of section 8 of the Act;
(3) “Board” means the Nagaland State Biodiversity Board established under
section 22 of the Act;
(4) “Biodiversity Management Committee” means Committee established by
the local bodies under section 41 of the Act;
(5) Community Intellectual Property- “means documented or undocumented
traditional knowledge or practices of the community relating but not limited
to use of medicinal plants or any other biological resource that exclusively
belong to the community having commercial (monetary) or potential
commercial value and/or protectable under copyright, patent, service mark,
trade mark, or trade secret laws from imitation, infringement, and dilution.
Such community intellectual property includes brand names, discoveries,
formulas and invention among others,”
(6) “Consultation” with its cognate and grammatical variations for the
purposes of the Act and Rules, includes issuing of public notice in local
dailies of the proposal; discussion/dialogue with the general assembly of
the local body; and formal written consent from the assembly after
providing adequate information about the proposal for access/collection
and its implications for conservation and livelihoods.
(7) “District Biodiversity Management Committee” is a Committee
established under section 41 of the Act by the collective BMCs under the
chairmanship of the Deputy Commissioner in each district;
(8) “Local bodies” includes Village Council and VDB (Village Development
Board) as one of its parts as defined in Nagaland Village Council Act
1978 vide Nagaland Act No. I of 1979.
(9) “Chairperson” means the Chairperson of the Nagaland State Biodiversity
Board;
(10) “Fee” means any fee as may be prescribed under the Rules;
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(11) “Form” means form appended to the Rules;
(12) “State Government” means the Government of Nagaland;
(13) “Member” means member of National Biodiversity Authority, Nagaland
State Biodiversity Board, Biodiversity Management Committee or the
District Biodiversity Management Committee and includes the
Chairperson thereof;
(14) “Section” means section of the Act’
(15) “Member Secretary” means the Member Secretary of the Board;
(16) Words and expressions used but not defined in the Rules and defined in
the Act shall have the same meaning respectively assigned to them in
the Act.
3. Establishment of State Biodiversity Board:
(1) The Nagaland State Biodiversity Board shall be an autonomous body to
look after its administrative and financial matters aided by the central and
the state government and carrying out its technical and scientific
functions under the Act and in conformity with Naga customs and
traditions. The Nagaland State Biodiversity Board shall consist of twelve
members including the Chairman, five ex-officio members, five non
official members and one member Secretary appointed by the state
government.
(2) The Head Office of the Board shall be at Kohima or any other place,
which the state government so decides. The Nagaland State Biodiversity
Board shall have its own secretariat facilitated and supported by the state
government.
4. Manner of selection and appointment of the Chairperson:
(1) The Chairperson of the Board shall be an eminent person having
adequate knowledge and experience in the conservation and sustainable
use of biodiversity and in matters relating to the equitable sharing of the
benefits. He/she should be a well-known scientist, conservationist,
naturalist or a scholar of a state or central university and generally a
person with experience of administration.
(2) The Chairperson of the Board shall be appointed by the State
Government and shall be accorded a rank equivalent to a Minister of
State in the state government.
(3) The appointment of the Chairperson shall be done on the
recommendations of the three-member committee headed by the Chief
Secretary constituted for the purpose and based on the above criteria in
sub section 1.
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5. Term of Office of the Chairperson:
(1) The Chairperson of the Board shall hold the office for a term of three
years and shall be eligible for re-appointment. Provided that no
Chairperson shall hold office beyond the age of 65 years.
(2) The Chairperson may resign from his office by giving at least one-month
notice in writing to the state government.
(3) Notwithstanding any other provision of these Rules, continuance of the
Chairperson in the office shall be at the pleasure of the state
government.
6. Pay and Allowances of the Chairperson:
The Chairperson shall be entitled to such salary, allowances, leave, house
and other perquisites, as may be determined by the state government from
time to time.
7. Powers and Functions of the Chairperson:
(1) The Chairperson shall ensure that the affairs of the Board are run
efficiently and in accordance with the provisions of the Act and the rules
made thereunder;
(2) The Chairperson shall have the powers of general superintendence over
the officers, staff and members of the Board and the Chairperson may
issue necessary directions for the conduct and management of affairs of
the Board;
(3) The Chairperson shall convene and preside over all the meetings of the
Board and shall ensure that all decisions taken by the Board are
implemented in a proper manner;
(4) The Chairperson shall exercise such other powers and perform such
other functions as may be delegated to him from time to time by the
Board;
(5) The Chairperson may also delegate his/her powers and functions in
exigencies to any member of the Board.
8. Nomination and Term of office and Allowances of non-official member:
(1) Five non-official members from amongst experts in matters relating to
conservation of biological diversity, sustainable use of biological
resources and equitable sharing of benefits arising out of the use of
biological resources shall be nominated by the state government in
consultation with the Chairperson of the Board. At least two of these
members shall be experts nominated from local communities.
Such members may include
a. an eminent scientist in the concerned field working with any national
or state level institute;
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b. the Vice Chancellor of the Nagaland University;
c. biodiversity/intellectual property related legal expert;
d. any other expert as may be nominated by the state government.
The non-official Member of the Board shall hold the office for a term not
exceeding three years at a time from the date of nomination.
(2) The term of the non-official members, including the Chairperson shall as
far as possible be co-terminus with each other.
(3) The non-official Member shall be entitled to sitting allowance, traveling
expenses, daily allowance and to such other allowances, as may be fixed
by the state government for attending the meeting(s) of the Board.
9. Filling up of vacancies of non-official member:
(1) A non-official member of the Board may resign from office at any time by
giving in writing under his/her hand addressed to the State Government
and the seat of that member in the Board shall become vacant.
(2) A vacancy in the Board shall be filled up by a fresh nomination in
accordance to Rule 8 and the person nominated to fill the vacancy shall
hold office for the remaining term and may be reappointed for a full term
of three years.
10. Removal of the Members of the Board:
No member of the Board shall be removed from the office on any grounds
specified in section 11 of the Act, without due and proper enquiry by an officer
not below the rank of Principal Secretary appointed by the state government
for the purpose and without giving a reasonable opportunity to the member
being heard.
11. Appointment of the Ex officio Members:
Five ex-officio members shall be appointed from Agriculture and allied, Forest
and Environment departments of the state government as long as they hold
their respective office. These may include
(1) Agricultural Production Commissioner;
(2) Principal Chief Conservator of the Forests;
(3) Secretary, Department of Tourism;
(4) Secretary, Department of Science and Technology;
(5) Secretary, Department of Women Development.
12. Terms and conditions of Service of employees of the Board:
(1) The terms and conditions of the employees of the Board shall be same
as those of corresponding scale of pay under the state government, the
appointments in general shall be on contractual basis or on deputation,
unless otherwise decided by the State Government.
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(2) The Board shall approve the method of recruitment/promotion to the
posts in the Board.
13. Member Secretary of the Board:
(1) The Member Secretary shall be appointed by the state government who
is either a serving officer of the state government or on deputation. In
case of being appointed on deputation, the terms and conditions of
appointment shall be determined by the state government.
(2) The Member Secretary shall be responsible for day-to-day
administration of the Board, management of funds and implementation
of various activities of the programme under the guidance of the
Chairperson of the Board.
(3) All orders or instructions to be issued by the Board shall be under the
signature of the Member Secretary or of any other officer authorized in
this behalf by the Board.
(4) The Member Secretary or an officer authorized for the purpose may
sanction and disburse all payments against the approved budget.
(5) The Member Secretary shall have powers to give administrative
approval to the estimates included in the budget of the Board.
(6) The Member Secretary shall have the powers to give grants to various
individuals and organizations including Non Governmental
Organizations, Biodiversity Management Committees, Joint Forest
Management Committees and other such institutions as per the
approved and en-block sanctioned budget and work programme of the
Board. The Member Secretary shall also have powers to sign Terms of
References for the same.
(7) The Member Secretary shall have powers to sign Agreements and
Memorandum of Understandings with various local, national and
international organizations after the due approval of the Board.
(8) The Member Secretary shall be in-charge of all the confidential papers
of the Board and shall be responsible for their safe custody; he/she shall
produce such papers whenever so directed by the Board/Government of
Nagaland.
(9) The Member Secretary shall write and maintain confidential reports of
all the officers and staff of the Board and shall get them countersigned
by the Chairperson.
(10) The Member Secretary shall exercise such other powers and perform
such other functions as may be delegated to him from time to time by
the Board.
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14. Meeting of the Board:
(1) The Board shall meet at least twice in a year ordinarily after six months
at the head quarter of the Board or at such other place, as may be
decided by the Chairperson;
(2) The Chairperson shall, upon a written request from not less than five
members of the Board or upon a direction of the state government, call
a special meeting of the Board;
(3) The Member Secretary shall give a notice not less than fifteen days for
an ordinary meeting and not less than three days notice for a special
meeting specifying the purpose, the time and the place, at which such
meeting is to be held;
(4) The Chairperson shall preside over every meeting and in his/her
absence; a presiding officer shall be elected from amongst the members
present;
(5) The decision of the Board shall be taken by a simple majority of the
members present and voting. The Chairperson or in his/her absence,
the presiding member shall have a casting vote;
(6) Each member shall have one vote;
(7) Quorum for the meeting of the Board shall be six members;
(8) No member shall be entitled to bring forward for the consideration of a
meeting any matter of which s/he has not given ten days notice unless
the Chairperson in his discretion permits him/her to do so;
(9) Notice of the meeting may be given to the member by delivering the
same by messenger or sending it by registered post to his last known
place of residence or business or in such other manner, as the Member
Secretary of the Board may, in the circumstances of the case, think fit;
(10) No act or proceeding of the Board shall be invalidated merely by reason
of:
a. Any vacancy in, or any defect in the constitution of, the Board;
b. Any defect in the appointment of a person acting as a member;
c. Any irregularity in the procedure of the National Biodiversity Authority
not affecting the merits of the case.
(11) In addition, the Board may evolve such other procedure for the
transaction of its business, as it may deem fit and proper.
15. Appointment of Expert Committee by the Board and their Entitlements:
(1) The Board may constitute any number of committees for the purposes of
the Act as it may deem fit consisting wholly of members or wholly of
other persons or partly of members or partly of other persons;
(2) The members of the committee may include local knowledgeable experts
and other persons whose advice could be of value to the Biodiversity
Management Committee;
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(3) The members of the expert committee other than the members of the
Board shall be paid such fees and allowances for attending the meetings,
as the Board may deem fit;
(4) The Board may invite any person, whose assistance or advice is
considered useful to obtain in performing any of its functions, and to
participate in the deliberations of any of its meetings. Such person
associated with the Board shall be entitled to get allowances, as
prescribed by the Board from time to time.
16. General functions of the Board:
In particular and without prejudice to the generality of other provisions, the
Board may perform the following functions.
(1) Lay down the procedure and guidelines to govern the activities provided
under section 23 of the Act;
(2) Advise the state government on any matter concerning conservation of
bio-diversity, sustainable use of its components and fair and equitable
sharing of benefits arising out of the use of biological resource and
knowledge;
(3) Provide technical assistance, guidance and support to the departments
of the state government, Biodiversity Management Committees and
strengthen individuals and institutions who are already working towards
conservation, sustainable use, and equitable benefit sharing of biological
resources;
(4) Formulate criteria and frame Guidelines for access, approval and
licensing mechanism for commercial utilization, bio-survey and bioutilization,
bio-prospecting and material transfer of any biological
resource by Indian nationals and/or any government or private body or
persons, excluding foreign entities or persons;
(5) Regulate by granting of approvals or otherwise requests for commercial
utilization, bio-survey and bio-utilization, bio-prospecting and material
transfer of any biological resource by Indian nationals. Provided that the
provision of this rule shall not apply to the local people and communities
in the area who use the resources for bonafide livelihood and other
subsistence needs and/or is conforming to Naga customs and practices;
(6) Update and implement the Nagaland State Biodiversity Strategy and
Action Plan;
(7) Commission studies and sponsor investigations and research in the field
of conservation and sustainable use of biodiversity and fair and equitable
sharing of the benefits arising from its commercial use or for any other
purposes of the Act;
(8) Collect, compile and publish technical and statistical data, manuals,
codes or guides relating to conservation of biological diversity,
sustainable use of its components and fair and equitable sharing of
benefits arising out of the use of biological resource and knowledge;
(9) Organize comprehensive programs including mass media and other
innovative communication strategies regarding conservation of
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biodiversity, sustainable use of its components and fair and equitable
sharing of benefits arising out of the use of biodiversity and sustainable
use of its components;
(10) Plan and organize training and capacity building of officials, non
governmental organizations and other organizations for the conservation
of biodiversity and sustainable use of its resources;
(11) Build data base and create a knowledge management system on
biological resources and associated traditional knowledge through
peoples’ biodiversity registers; provided that free and full prior informed
consent on mutually agreed terms is obtained from knowledge keepers
and sources and that the ownership continues to rest with them;
(12) Work in consultation with Biodiversity Management Committees and
local bodies and facilitate them;
(13) Prepare eco-tourism and eco-development codes for bio-diversity
significant areas;
(14) Monitor and evaluate Biodiversity Management Committees and give
awards and incentives;
(15) Dissolve Biodiversity Management Committees on poor performance in
consultation with or on the recommendation of the Village Council;
(16) Inventorize and monitor the biological diversity with suitable criteria and
indicators as may be developed;
(17) Protect right of access to biodiversity and community intellectual property
right or other associated knowledge on biodiversity and its uses;
(18) Approval and en-block sanction of the annual budget and work
programme;
(19) Approve the method of recruitment or promotions of the Board
employees;
(20) Report to the state government about the functioning of the Board and
implementation of the Act and the rules made thereunder;
(21) Prepare the format for People’s Biodiversity Registers and ensure
recording of relevant information regarding biological resources in the
People’s Biodiversity Registers by every Biodiversity Management
Committees within its jurisdiction. The Register shall contain
comprehensive information on traditional healers, traditional biodiversity
conservation practices and indigenous knowledge systems related to
medicines or any other use;
(22) Devise methods to ensure protection of information and systems for
maintaining confidentiality of such information recorded in People’s
Biodiversity Registers, and rights including intellectual property rights
over biological resources and associated knowledge;
(23) Provide guidance and technical support to the Biodiversity Management
Committees for preparing People’s Biodiversity Registers, and shall
ensure that all information recorded in such Registers receives legal
protection against misuse and appropriation by outside agencies and
individuals;
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(24) Formulate guidelines to prescribe, modify from time to time, fee for
access and use of biological resources in consultation with the
concerned District Biodiversity Management Committees;
(25) Formulate operational guidelines for operation of the fund by the
Biodiversity Management Committees, including ways, in which its
functioning is transparent and accountable;
(26) Sanction grants-in-aid and grants to Biodiversity Management
Committees for specific purposes;
(27) Undertake physical inspection of any area in connection with the
implementation of the Act;
(28) Ensure that biodiversity and biodiversity dependent livelihood concerns
are integrated into all sectors of planning and management for
conservation and sustainable use;
(29) Prepare the Annual Budget of the Board incorporating its own receipts as
also the devolution from the state and central government;
(30) Frame guidelines on ways to ensure that decisions regarding the
management and use of the State Biodiversity Fund are transparent and
accountable to the public;
(31) Grant administrative and technical sanctions to all the estimates;
(32) Recommend creation of posts to the State Government for effective
discharge of the functions by the Board;
(33) Source funds from the Consolidated Fund of Nagaland to undertake
programmes that mainstream biological diversity concerns within the
state;
(34) Shall have power to acquire, hold and dispose of property, both movable
and immovable and enter into contracts, agreements and/or
understandings for the same;
(35) Strengthen, support and integrate other institutions or initiatives involved
in the conservation of biological diversity; and
(36) Perform such other functions, as may be necessary to carry out the
provisions of the Act or as may be prescribed by the State Government
from time to time.
17. Special functions of the Board
Notwithstanding anything contained in section 15 of the Act, the Board shall
carry out its functions in conformity with Naga customary laws and practices
concerning land use, religious, traditional, customary and cultural practices.
(1) The Board shall specifically take into account the:
a. Rights of local people in privately owned forest, including community
rights of clan or khel in such privately owned forest;
b. Rights of individual or community to access biological resources and
trees from clan or village forest for construction of houses;
c. Residual community rights in forest.
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(2) The Board shall facilitate documentation of the traditional laws, customs
and practices of Naga tribes and communities especially concerning
biodiversity conservation and sustainable use including community
traditional knowledge related to biodiversity having potential for
commercial utilization.
(3) Prepare an inventory of biodiversity rich and sensitive areas in the state
and issue necessary instructions to the Nagaland State Environment
Impact Assessment Authority (NSEIAA) and Nagaland State
Environment Appraisal Committee (NSEAC) for carrying out or granting
permission for development activities in or in proximity to these areas.
(4) Monitor and regulate developmental activities in the state’s biodiversity
rich and sensitive areas.
18. Procedure for access to/collection of biological resources:
(1) Any person seeking access to/collection of biological resources and
associated knowledge for research or for commercial utilization shall
make an application to the Board in Form-I appended to these Rules.
Every application shall be accompanied by a fee of Rs. 100 in case such
access is for research purpose and Rs. 1000 for commercial utilization,
and shall be in the form of a Cheque or Demand Draft. Provided that
such fee shall not be applicable to recognized traditional Naga healers;
(2) The Board shall consult Biodiversity Management Committees and
Village Councils and invite objections and claims from benefit claimers
for benefit sharing. Such notice shall conform to the provisions of Section
24 of the Act;
(3) The Benefit Claimers may file their objections and claims in the
prescribed form with the Biodiversity Management Committees within the
respective Village Councils within a period of two months of receiving
such a notice. It shall be the duty of such Biodiversity Management
Committees to assist the Benefit Claimers in filing their claims, compile
all the claims received and submit them to the Board;
(4) The Board after due appraisal of the application and scrutiny of claims
and objections received from benefit claimers after collecting such
additional information, as it may deem necessary, shall decide the
application, as far as possible, within a period of three months of receipt
of the same. On being satisfied with the merit of the application, the
Board may allow the application or restrict any such activity if it is of the
opinion that such activity is detrimental or contrary to the objectives of
conservation and sustainable use of biodiversity or equitable sharing of
benefits arising out of such activity;
(5) A written tripartite agreement duly signed by the Member Secretary or an
authorized officer of the Board, the applicant and the respective
Biodiversity Management Committees shall govern the access and
collection. The form of the agreement shall be prescribed by the Board;
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(6) The conditions for access to/collection may specifically provide measures
for conservation and protection of biological resources to which the
access to/collection is being granted;
(7) The Board may reject the application if it considers that the request
cannot be acceded to after recording the reasons thereof. Before passing
an order of rejection, the applicant shall be given a reasonable
opportunity of being heard;
(8) Any information given in the form referred to in the sub rule 1 for prior
intimation shall be kept confidential and shall not be disclosed, either
intentionally or unintentionally, to any person not concerned thereto.
19. Revocation of access/approval:
(1) The Board may either on the basis of any complaint or suo moto
withdraw the access granted to the applicant and revoke the written
agreement under the following conditions:
a. On the basis of reasonable belief that the person accessing the said
bio-resource has violated any of the provisions of the Act or the
condition on which application was allowed;
b. When the person has failed to comply with the terms of agreements;
c. On failure to comply with any of the conditions of access;
d. On account of overriding public interest with reference to protection
of environment and conservation of biological diversity, and
protection of the rights, livelihoods, and knowledge of local
communities;
(2) The revocation order shall be made only after making such inquiries as
required after giving the person so affected an opportunity of being
heard;
(3) The Board shall send a copy of such revocation order to the concerned
Biodiversity Management Committees and Village Councils for
prohibiting the access and to also assess the damage, if any, caused
and take steps to recover the damage.
20. Restriction on activities related to access to biological resources:
(1) The Board, if it deems necessary and appropriate, may take the steps to
restrict or prohibit the request for access to biological resources for the
following reasons:
a. The request for access is for any threatened taxa, or taxa that is likely
to become threatened due to such access;
b. The request for access is for any threatened and rare endemic
species;
c. The request for access may likely to result in adverse effect on the
livelihood, culture, indigenous knowledge or customs of the local
community;
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d. The request to access may result in adverse environmental impact
which may be difficult to control and mitigate;
e. The request for access may cause genetic erosion or affect the
ecosystem function;
f. Use of resources for purposes contrary to national interest and other
related international agreements entered into by the central
government.
(2) Any order of restriction shall be made only after making such inquiries as
required; consulting the concerned Village Council and Biodiversity
Management Committees, and giving the person so affected an
opportunity of being heard.
21. Operation of State Biodiversity Fund:
(1) The State Biodiversity Fund created by Section 32 of the Act shall be
operated by the Member Secretary of the Board or by any other officer of
the Board as may be authorized by the Board in this behalf;
(2) The State Biodiversity Fund shall have two separate heads of accounts,
one relating to the receipts (grants and loans) from the central
government/National Biodiversity Authority and the state government;
and the second concerning the fee, license fee, royalty and including
such other sources as decided by the Board;
(3) The state government, shall after due appropriation made by the state
legislature by the law in this behalf, pay to the Board such sum of money
as the state government may think fit for being utilized for the purpose of
the Act;
(4) The accounts of the State Biodiversity Fund shall be audited in
accordance with Section 34 of the Act.
(5) The Board shall frame guidelines on ways to ensure that decisions
regarding the management and use of the Fund are transparent and
accountable to the public.
22. Annual Report and Annual Statement of Accounts:
(1) The Board shall prepare its annual report of each financial year giving
detailed account of its activities and annual statement of accounts and
submit the same to the state government. The Annual Report shall also
contain details of the programs for biodiversity conservation, sustainable
use and fair and equitable benefit sharing proposed for the next year
along with the estimate of funds required to carry out such programs.
The Annual report shall be submitted in the format prescribed by the
state government on or before January 31 every year;
(2) The Board shall submit the Annual Report together with the audited
statement of accounts for each financial year to the State Government by
September each year so as to enable the State Government to lay the
reports before the Legislative Assembly;
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23. Establishment and Management of Biodiversity Heritage Site:
It is recommended that this section requires a separate exercise and the state should
either extend the existing TOR of the Expert Committee or constitute a separate
Committee accordingly. This is because under the Biodiversity Act (Section 37) the
State Government in consultation with the Central Government is required to frame
separate rules for management and conservation of biodiversity heritage sites.
24. Constitution of Biodiversity Management Committee:
(1) Every recognized Village Council shall constitute a Biodiversity
Management Committee within its area of jurisdiction. The Village
Council shall pass a Resolution to form a Biodiversity Management
Committee representing all groups/khels/clans within the community and
accordingly inform the State Biodiversity Board and the District
Biodiversity Management Committee;
(2) The Biodiversity Management Committee constituted under sub rule 1
shall have seven persons nominated by the Village Council of whom not
less than one third shall be women;
(3) The Biodiversity Management Committee shall elect from amongst its
members the Chairperson who shall also have the casting vote in case of
a tie and a Secretary who is preferably a woman.
25. Establishment of District Biodiversity Management Committee:
(1) Every District shall constitute a District Biodiversity Management
Committee headed by the Deputy Commissioner as Chairperson;
(2) The District Biodiversity Management Committee shall comprise not
more than six members from various Biodiversity Management
Committees representing the range or area or tribes or sub-divisions
within the district; and not more than six ex-officio members representing
the different line departments including forests, rural development, land
resources, agriculture, horticulture, soil and water conservation and
veterinary and animal husbandry;
(3) The Chairperson shall from amongst the ex-officio members appoint a
Member Secretary to manage the day to day activities and functions of
the District Biodiversity Management Committee;
(4) The local Members of the Legislative Assembly may be special invitees
to the meetings of the District Biodiversity Management Committee;
(5) A technical support group comprising experts in the field of biodiversity
drawn from government agencies, non-government organizations,
academia, community and individuals shall be established at the district
level. The expert group shall lend support to the Biodiversity
Management Committees;
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(6) The District Biodiversity Management Committee shall be responsible for
collating and annually updating a district level People’s Biodiversity
Registers database and submit to the State Biodiversity Board. The
District Biodiversity Management Committee shall be responsible and
accountable for the confidentiality of the information so provided;
(7) The District Biodiversity Management Committee shall strive to
mainstream biodiversity conservation concerns in the developmental
planning at local level within the district;
(8) The District Biodiversity Management Committee in consultation with the
Biodiversity Management Committees may decide the terms on which to
permit access to biodiversity resources and associated knowledge to
different parties for various purposes within their jurisdiction and levy
charges by way of collection fees from any person for accessing or
collecting any biological resource for commercial purpose from the area
falling within its jurisdiction. Four fifth (4/5th) share of the levy charged for
the material collected/cultivated from private land should be given to the
owner/cultivator of the land/ knowledge holder and the balance one fifth
(1/5th) should be deposited in Local Biodiversity Fund of Biodiversity
Management Committee under a separate bank account;
(9) The District Biodiversity Management Committee shall operate its
account in accordance to the norms prescribed by the Nagaland State
Biodiversity Board;
(10) The Nagaland State Biodiversity Board shall after due appropriation pay
to the District Biodiversity Management Committee such sum of money
as the Board may think fit for being utilized for the purpose of the Act.
The District Biodiversity Management Committee may also raise funds
from line departments engaged in biodiversity related projects and
programs;
(11) The accounts of the District Biodiversity Management Committee shall
be audited in accordance with Section 34 of the Act.
26. Functions of Biodiversity Management Committee
(1) The Biodiversity Management Committee shall formulate its own code for
biodiversity conservation in accordance with the Act to ensure
conservation, sustainable utilization and equitable sharing of benefits
from the biodiversity;
(2) The Biodiversity Management Committee shall prepare People’s
Biodiversity Registers. The People’s Biodiversity Registers shall contain
comprehensive information on availability and knowledge of local
biological resources, traditional healers, biodiversity conservation
practices and traditional knowledge and traditional ecological knowledge
systems related to medicines or any other use;
(3) The People’s Biodiversity Registers shall be prepared at the village by
using the process and the format set by the Board. The Biodiversity
Management Committee and Village Council shall be responsible for
ensuring the immediate protection of the knowledge recorded in the
15
People’s Biodiversity Registers, especially to regulate its access to
outside agencies and individuals;
(4) The Biodiversity Management Committee shall also advise on any matter
referred to it by the State Biodiversity Board or Authority for granting
approval;
(5) The Biodiversity Management Committee shall document details of the
access to biological resources and traditional knowledge granted; details
of the collection fee imposed; and details of the benefits derived and the
mode of their sharing;
(6) The Biodiversity Management Committee shall collect the prescribed fee
for access and use of biological resources in their respective jurisdiction;
(7) The Biodiversity Management Committee shall prepare a village level
Biodiversity Management and Conservation Plan and will seek approval
of the Village Council;
(8) The Biodiversity Management Committee shall work in coordination with
Joint Forest Management Committees and Forest protection Committees
if constituted under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 and Rules made
thereunder and community based initiatives in matters related to
biological diversity especially in reserved forests, protected areas, critical
wildlife habitat, critical tiger habitat, buffer areas, core and sensitive
areas and other biodiversity rich areas;
(9) Assist the State Biodiversity Board in preparing the eco-tourism and ecodevelopment
Codes in biodiversity rich and sensitive areas;
(10) The Biodiversity Management Committee shall in accordance with the
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 and Rules made thereunder document
community intellectual property rights and such rights shall be vested
and protected for any commercial or potential commercial value.
(11) Notwithstanding anything contained in any other law for the time being in
force if the Biodiversity Management Committee at the appropriate level
has reasonable grounds to believe that an offence or contravention
under the Act or Rules has been committed, take necessary steps to
prevent commission of such offence. Such actions may include but are
not limited to:
a. Inspect any person on the basis of suspicion carrying out activities in
violation of the Act or Rules;
b. Stop any vehicle or vessel carrying biological resource illegally;
c. Stop and detain person carrying out activities that require license
under the Rules;
d. Seize any threatened species or derivative and report to the forest
officer;
e. Monitor violation of eco-tourism and eco-development code and
report to the Board.
16
(12) The Biodiversity Management Committee shall
a. Ensure that any unsustainable practices of exploiting biological
resource including hunting are prohibited through appropriate orders
and sign boards installed by the Village Council;
b. Ensure that water sources and natural springs are protected from
excess utilization;
c. Demarcate areas for conservation and rehabilitation of degraded
forests and protection of its biological resources in the area within its
jurisdiction;
d. Develop an inventory of plants, medicinal plants and animals that are
on the verge of extinction with the help of the Board to intimate to the
Central Government for notifying threatened species under Section
38 of the Act.
(13) The Biodiversity Management Committee shall prepare its annual report
in such format as may be prescribed by the Board, giving full account of
its activities during the previous financial year, and submit a copy thereof
to the Board and a copy to the Village Council.
27. Local Biodiversity Fund:
(1) A local biodiversity fund shall be constituted and operated by each
Biodiversity Management Committee;
(2) Each Biodiversity Management Committee shall for the purpose of the
Act, based on their Biodiversity Management and Conservation Plan
avail loans or grants from the Nagaland State Biodiversity Board. The
Biodiversity Management Committees may also access such funds from
other sources, or as specified by the Board;
(3) The fund shall be used for the conservation and promotion of biodiversity
in the areas falling within the jurisdiction of the concerned local body and
for the benefit of the local community in so far as such use is consistent
with conservation of biodiversity;
(4) The account of the local biodiversity fund shall be prepared in such forms
as may be specified by the Board and during each financial year at such
times as may be prescribed;
(5) The accounts of the local biodiversity fund shall be maintained and
audited in such manner, as may be specified by the Board.
28. Appeal for settlement of disputes:
(1) Settlement of disputes arising within the village limit or between two
villages shall be done in accordance with customary laws and usages
and accepted canons of justice established in Nagaland and the law in
this respect as enforced in Nagaland;
(2) If a dispute arises between two or more Biodiversity Management
Committees, the appeal shall be made to the Board and in case of a
dispute between the Board and the Biodiversity Management
Committee(s), the appeal shall be preferred with the state government;
17
(3) The memorandum of appeal shall state the facts of the case, the grounds
relied upon by the appellant and the relief sought for preferring the
appeal and shall be accompanied by an authenticated copy of the
government order or direction, as the case may be, by which the
appellant is aggrieved. The memorandum of appeal shall be duly signed
by the appellant or his/her authorized representative;
(4) The memorandum of appeal shall be submitted in quadruplicate
accompanied with the authenticated copy of the order or directions as
the case may be, by which the appellant is aggrieved, either in person or
through a registered post with acknowledgement due, within 30 days
from the date of the order or direction. Provided that if the appellate
authority is satisfied that there was good and sufficient reason for the
delay in preferring the appeal, the appellate authority, for reasons to be
recorded in writing allow the appeal to be preferred after the expiry of the
aforesaid period of 30 days but before the expiry of 45 days from the
date of the order or direction as the case may be;
(5) The notice for hearing of the appeal shall be given in Form-III by a
registered post with an acknowledgement due;
(6) Every memorandum of appeal shall be accompanied by a fee of Rs.
100/-;
(7) The Board shall similarly lay down the procedure for settlement of
disputes between the Board and the Biodiversity Management
Committees or amongst Biodiversity Management Committees, and
between Biodiversity Management Committees and Village Councils.
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
18
Annexure 1: Levy of fee on access of biological resources
FORM I
(See Rule 18)
Application form for access to/ collection of Biological resources for
commercial utilization and associated traditional knowledge
Part A
1. Full particulars of the applicant
(a) Name:
(b) Permanent address:
(c) Address of the contact person/agent, if any, in India:
(d) Profile of the organization (personal profile in case the applicant is an
individual). Please attach relevant documents of authentication:
(e) Nature of business:
(f) Turnover of the organization in Indian Rupee
2. Details and specific information about nature of access sought and biological
material and/or associated knowledge to be accessed:-
(a) Identification (Scientific name) of biological resources and its traditional
use:
(b) Geographical location (including Village, Block, and district) of proposed
collection:
(c) Description/nature of traditional knowledge and its existing manifestations
and uses (oral/documented):
(d) Any identified individual/family/community holding the traditional
knowledge:
(e) Quantity of biological resources to be collected:
(f) Time span in which the biological resources are proposed to be collected:
(g) Name and number of person authorized by the company for making the
collection
(h) The purpose for which the access is requested including the type and
extent of research, commercial use being derived and expected to be
derived from it:
(i) Whether any collection or use of the resource endangers any component
of biological diversity and the risks which may arise from the access.
3. Estimation of benefits, that would flow to communities arising out of the use of
accessed bioresources and traditional knowledge
4. Proposed mechanism and arrangements for benefit sharing.
5. Any other information.
19
Part “B”
Declaration
I/We declare that:
?? Collection and use of proposed biological resources shall not
adversely affect the sustainability of the resources;
?? Collection and use of proposed biological resources shall not entail
any environmental impact;
?? Collection and use of proposed biological resources shall not pose
any risk to biodiversity, including ecosystems, species, and genetic
diversity;
?? Collection and use of proposed biological resources shall not
adversely affect the local communities;
I/We undertake to pay any fee and/or royalty, as may be levied by the Board
or Biodiversity Management Committees. I/We further undertake to furnish
any irrevocable bank guarantee, as may be prescribed by the Board.
I/We further declare the information provided in the application form is true
and correct and I/we shall be responsible for any incorrect/wrong information.
Signed:
Name
Title
Place
Date
20
FORM II
Form of Memorandum of Appeal
(See rule 28)
BEFORE THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS,
Government of India, NEW DELHI
OR
CHAIRPERSON, NATIONAL BIODIVERSITY AUTHORITY
(As the case may be)
(Memorandum of appeal under Section 50 of the Biological Diversity Act, 2002)
Appeal No._____________ of 200
____________________
____________________ ……. Appellant(s)
Vs.
___________________
___________________ ………..Respondent(s)
(here mention the designation of the Authority/Board, as the case may be)
The appellant begs to prefer this Memorandum of Appeal against the
order dated_______________ passed by the Respondent on the following
facts and grounds.
1. FACTS:
(Here briefly mention the facts of the case):
2. GROUNDs:
(Here mention the grounds on which the appeal is made):
i.)
ii.)
iii.)
3. RELIEF SOUGHT:
i)
ii)
iii)
21
4. PRAYER:
a) In the light of what is stated above, the appellant respectfully prays that the
order/decision of the respondent be quashed/set-aside.
b) The policy/guidelines/rules/regulations framed by the Respondent be
quashed/modified/annulled to the extent
______________________________
c) ________________________________
5. The amount of Rs. ________(Rupees __________________) as fee for
this appeal has been paid to __________________ vide order No._____ dt.
_____
Place: ________
Date: ________
Signature of the appellant with Seal
Address:
VERIFICATION
I, the appellant do hereby declare that what is stated above is true to the best
of my information and belief.
Verified on _____ day of _______
Signature of the appellant with Seal
Address
Signature of the Authorized representative of the appellant
Enclosures: Authenticated copy of the order, direction or policy decision, against
which the appeal has been preferred.
22
FORM III
FORM OF NOTICE
(See rule 28 (5)
By Registered Post/Acknowledgement due
BEFORE THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS,
Government of India, NEW DELHI
OR
CHAIRPERSON, NATIONAL BIODIVERSITY AUTHORITY
(As the case may be)
Appeal No……….of 200…..
Between
__________________ : Appellant(s)
____________________
____________________
Vs
____________________
____________________ : Respondents(s)
____________________
To,
___________________
___________________
___________________
NOTICE
Please take the notice that the above appeal filed by the appellant, against the
order/direction policy decision (Give details) is fixed for hearing on ______________
at _____________________
The copies of the Memorandum of appeal and other annexure filed along with the
appeal are sent herewith for your reference.
Please note that if you fail to appear on the said date or other subsequent date of
hearing of the appeal would be disposed of finally by placing you ex-parte.
Authorized signatory on behalf of the Appellate Authority
(Seal)
Place: __________
Dated: _________

 
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