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Intellectual Property Rights - Law and Practice · Biological Diversity

State Biodiversity Boards and Biodiversity Management Committees

Updated 11 October 2026 · Fact-checked

A State Biodiversity Board works at State level under the Biological Diversity Act, 2002. A Biodiversity Management Committee (BMC) works at local body level. Each BMC promotes conservation, sustainable use and documentation of biodiversity. It has 7 to 11 members, may levy collection fees, and must be consulted before decisions on local resources.

Understand State Biodiversity Boards and Biodiversity Management Committees

The Biological Diversity Act, 2002 works in three tiers. The National Biodiversity Authority (NBA) sits at the top. State Biodiversity Boards (SBBs) sit at State level. Biodiversity Management Committees sit at the local level. Think of it as national, State, village or town.

The BMC is the ground-level body. Under section 41(1), every local body at the Gram Panchayat level in rural areas, and at the Nagar Panchayat or Municipal Committee at Municipal Corporation level in urban areas, shall constitute a BMC within its area. The purpose is conservation, sustainable use and documentation of biological diversity. This includes preserving habitats, conserving landraces, folk varieties, farmers' varieties and cultivars, domesticated stocks and breeds, living things in water bodies and microorganisms, and chronicling knowledge relating to biological diversity. The State Government may also constitute BMCs at the intermediate or district Panchayat level.

The composition is prescribed by the State Government. The number of members must be not less than seven and not more than eleven. The 2023 amendment, in force from 1-4-2024, rewrote this sub-section. Quote the amended text, not older notes.

The Act gives BMCs real weight. The NBA and the SBBs must consult the BMC when deciding on the use of biological resources, or traditional knowledge associated with them, occurring within its jurisdiction. A BMC may levy collection fees from anyone accessing or collecting a biological resource for commercial purposes from its area. It also issues the certificate of origin that cultivated medicinal plants need to claim the exemption from prior intimation under section 7.

The SBB is the State-level regulator and adviser. In your answers, link it to section 7: a person accessing a biological resource and its associated knowledge for commercial utilisation must give prior intimation to the concerned SBB, unless exempt. Preparing the People's Biodiversity Register (PBR) is the BMC's documentation work. The PBR is a record of local biological resources and the knowledge about them, prepared with local people. The detailed PBR procedure comes from the rules made under the Act, not from the sections in this note, so state it without a section number.

Key rules to remember

Duty to constitute a BMC (s.41(1))
Gram Panchayat (rural) / Nagar Panchayat or Municipal Committee at Municipal Corporation level (urban) → must constitute a BMC
The word is 'shall'. The State Government may also constitute BMCs at the intermediate or district Panchayat level.
Size of a BMC (s.41(1B))
7 ≤ number of members ≤ 11
Composition is prescribed by the State Government.
Functions of a BMC (s.41(1A))
Conservation + sustainable use + documentation of biological diversity, including chronicling of associated traditional knowledge
Covers habitats, landraces, folk varieties, cultivars, domesticated breeds and microorganisms.
Consultation duty (s.41(2))
NBA / SBB must consult the BMC before any decision on use of biological resources or associated traditional knowledge in its area
The duty falls on the NBA and SBB, not on the applicant.
Collection fees (s.41(3))
BMC may levy fees on persons accessing or collecting biological resources for commercial purposes from its area
These fees are credited to the Local Biodiversity Fund under s.43(1)(d).
Prior intimation to SBB (s.7)
Commercial utilisation of a biological resource and associated knowledge → prior intimation to the concerned SBB
Exempt: codified traditional knowledge, cultivated medicinal plants and products, local people and communities including growers and cultivators, and vaids, hakims and registered AYUSH practitioners practising for sustenance and livelihood.
Cultivated medicinal plants (s.7(2)-(3))
Exemption available only if a certificate of origin is obtained from the BMC
The BMC issues it on the basis of entries in its books, in the prescribed manner.
BMC accounts (s.46)
Maintain accounts → audit as prescribed by State Government → send audited accounts and auditor's report to the local body and the SBB
The due date is prescribed by the State Government.

How to solve State Biodiversity Boards and Biodiversity Management Committees questions

Most questions are case-based. Work from the facts to the provision and then to a clear conclusion.

  1. 1Identify the body in the facts: NBA, SBB, BMC or local body. Many answers go wrong at this first step.
  2. 2Identify the activity: constituting a BMC, documentation, accessing a resource for commercial use, charging a fee, a decision by the NBA or SBB, or accounts and audit.
  3. 3State the provision in plain words with its section number only where you are sure: s.41 for BMCs, s.7 for prior intimation, s.43 for the Local Biodiversity Fund, s.46 for audit.
  4. 4Check each condition: the level of local body, the 7 to 11 membership limit, whether the use is commercial, and whether the person falls in the s.7 exemption list.
  5. 5For cultivated medicinal plants, check separately whether a certificate of origin from the BMC exists.
  6. 6Apply the rule to the facts in two or three sentences.
  7. 7Write a one-line conclusion saying what the person or body must do.
  8. 8Where the question touches PBR or procedure, say that details are prescribed by rules.

Quickest way: Body - Activity - Condition - Conclusion

When to use it: Use it for short-note questions and for the issue-spotting part of a case study when time is tight.

  1. Write the tier first: local (BMC), State (SBB) or national (NBA).
  2. Write the one function or duty that fits the facts, using the s.41 wording.
  3. Note the number or condition: 7 to 11 members, commercial purpose, exemption list, certificate of origin.
  4. Add the money angle if relevant: BMC fees go to the Local Biodiversity Fund; BMC accounts are audited.
  5. Close with a one-line conclusion.

Common mistakes in State Biodiversity Boards and Biodiversity Management Committees

  • Saying a BMC is constituted by the State Government or the SBB in every case.

    The word 'Committee' suggests a government body, and students mix up the tiers.

    Fix: Under s.41(1) the local body constitutes it. The State Government may additionally constitute BMCs at intermediate or district Panchayat level.

  • Giving the wrong membership range, such as 5 to 11 or 'at least 7 with no upper limit'.

    Students memorise only the lower figure.

    Fix: Remember 'not less than seven and not exceeding eleven'. The composition itself is prescribed by the State Government.

  • Writing that the BMC approves access to biological resources.

    Students assume the local body decides because it is closest to the resource.

    Fix: The BMC is consulted by the NBA and SBB, may charge fees, and issues certificates of origin. Prior intimation under s.7 goes to the SBB.

  • Saying that every local person or practitioner is exempt from s.7.

    Students remember the exemption list but forget its conditions.

    Fix: Vaids, hakims and registered AYUSH practitioners are exempt only if they practise indigenous medicine as a profession for sustenance and livelihood. For cultivated medicinal plants, the exemption needs the BMC's certificate of origin.

  • Mixing up the State Biodiversity Fund and the Local Biodiversity Fund.

    Both are named in the same part of the Act and both receive benefit sharing amounts.

    Fix: BMC collection fees under s.41(3) are credited to the Local Biodiversity Fund (s.43). The State Biodiversity Fund (s.32) can be used for, among other things, grants or loans to BMCs.

  • Ignoring the 2023 amendment and quoting old wording.

    Older notes and books still circulate.

    Fix: Use the amended text in force from 1-4-2024, for example the 7 to 11 member limit and the wording of s.7.

Worked examples

Example 1

A Gram Panchayat in Kerala has not yet set up a Biodiversity Management Committee. A pharma company wants to collect a wild plant from the area for commercial use. Advise on the Panchayat's obligation and on how the BMC fits into the decision.

Show the solution
  1. Provision: under s.41(1), every local body at Gram Panchayat level in rural areas shall constitute a BMC within its area to promote conservation, sustainable use and documentation of biological diversity.
  2. Analysis: the word is 'shall', so constituting a BMC is mandatory. The Gram Panchayat cannot wait for an access request.
  3. The State Government prescribes the composition, and the committee must have not fewer than seven and not more than eleven members.
  4. Under s.41(2), the NBA and the SBB must consult the BMC before any decision on use of biological resources, or associated traditional knowledge, in its area. Without a BMC, this consultation cannot take place.
  5. Under s.7, the company must give prior intimation to the concerned SBB before accessing the resource and its associated knowledge for commercial utilisation, subject to the other provisions mentioned in s.7(1).
  6. Under s.41(3), the BMC may levy a collection fee on the company for commercial collection from its area.

Answer: The Gram Panchayat must constitute a BMC of 7 to 11 members. The company must give prior intimation to the State Biodiversity Board, which must consult the BMC. The BMC may charge a collection fee.

Example 2

Meera grows a cultivated medicinal plant in her village and sells it to a herbal manufacturer. She has no certificate from the village BMC. Is she exempt from giving prior intimation to the State Biodiversity Board?

Show the solution
  1. Provision: s.7(1) requires prior intimation to the SBB for commercial utilisation of a biological resource and associated knowledge. The proviso exempts cultivated medicinal plants and products, and local people and communities including growers and cultivators of biodiversity.
  2. Analysis: Meera is a grower, and the plant is a cultivated medicinal plant, so she falls within the exemption.
  3. Condition: s.7(2) says that for cultivated medicinal plants the exemption is available only if a certificate of origin is obtained from the BMC in the prescribed manner.
  4. Facts: Meera has no certificate, so the condition is not met.
  5. Under s.7(3), the BMC issues the certificate on the basis of entries in its books, in the prescribed manner. Meera should apply to the BMC.

Answer: No. Without the BMC's certificate of origin, the exemption is not available to her and she must give prior intimation to the State Biodiversity Board. She can regain the exemption by obtaining the certificate from the BMC.

Exam tips

  • Learn s.41 almost word for word. It is the core of this topic, and short notes on BMC functions score from its wording.
  • Write 'not less than seven and not exceeding eleven' exactly. Examiners check the figures.
  • Keep the tiers clear in any comparison of the NBA, the SBB and the BMC. Use one line each on level, role and example.
  • For PBR questions, describe it as local documentation of biological resources and knowledge prepared by the BMC with local people. Do not invent section numbers for it.
  • In case questions, always check the s.7 exemption list and the certificate of origin condition before concluding.

Practice questions from Biological Diversity

State Biodiversity Boards and Biodiversity Management Committees: frequently asked questions

What does a Biodiversity Management Committee do under the Biological Diversity Act?

A BMC promotes conservation, sustainable use and documentation of biological diversity in its area. This includes habitats, landraces, folk varieties, cultivars, domesticated breeds and microorganisms, and chronicling associated traditional knowledge. It may also levy collection fees for commercial access and issues certificates of origin for cultivated medicinal plants.

What is a People's Biodiversity Register?

It is the local record of biological resources and the knowledge about them, prepared by the BMC with local people. It supports the BMC's documentation function. The detailed procedure is set by the rules made under the Act, so mention it without a section number.

How many members can a BMC have?

The Act says the number of members shall not be less than seven and not exceeding eleven. The State Government prescribes the composition.

What is the difference between the National Biodiversity Authority and a State Biodiversity Board?

The NBA works at national level and the SBB at State level. Prior intimation for commercial utilisation of a biological resource under s.7 goes to the concerned SBB. Both the NBA and the SBBs must consult the BMC before decisions on resources or associated knowledge in its area.

Where do BMC collection fees go?

Fees levied by a BMC under s.41(3) are credited to the Local Biodiversity Fund under s.43(1)(d). The BMC must also maintain accounts, get them audited as prescribed by the State Government, and send the audited accounts and auditor's report to the local body and the SBB.