Section 41 of BDA : Section 41: Constitutions Of Biodiversity Management Committees

Explanation using Example

Imagine a small town with a local body (such as a municipal council) that is surrounded by natural forests and is known for its unique plant varieties and indigenous knowledge on plant use. According to Section 41 of The Biological Diversity Act, 2002, this local body is required to establish a Biodiversity Management Committee (BMC).

Once established, the BMC begins its work by documenting the various local plant species that have been cultivated over generations, including a 'folk variety' of rice that is resistant to pests and a 'cultivar' of rose that is especially fragrant and has been bred by local gardeners. The committee also records information about a 'landrace' of wheat that has been grown in the region since ancient times.

Later, a pharmaceutical company shows interest in a local herb known for its medicinal properties and wishes to commercialize it. The company approaches the BMC to access this biological resource. The BMC, in turn, consults with the State Biodiversity Board and decides to allow the company to collect the herb. However, under the provisions of Section 41(3), the BMC levies a collection fee on the company for the commercial use of the herb, ensuring that the benefits of this use are shared with the local community.