Tripura Biological Diversity Rules, 2006

l✓o. 260. Registered 1Vo. NE. 930. TRIPURA GAZETTE Published by Authority EXTRAORDINARY ISSUE Agartafa, Friday, November 14, 2008 A. D. Kartlka 23, 1930 S. E. Part- I - Orders & Notifications by the Government of Tripura, the High Court, Government Treasury etc. Government of Tripura Forest Department No. F.8(31)Alfor-WU98/Part-ll/6919-7308 Dated, Agartala, the 16th June, 2008. NOTIFICATION In exercise of the powers conferred by sub section (1) of Section 63 of the Biological Diversity Act, 2002, the State Government hereby makes the following Rules, namely: 1. Short title and commencement - (I) These Rules may be called the Tripura Bio!ogical Diversity Rules, 2006. (2) They shall come into force on the date of their publication in the ' 'Trip ura Gazette". 2. Definitions - In these Rules, unless the context otherwise requires (a) "Act" means the Biological Diversity Act, 2002 (No.18 of2003); (b) "Authority" .means the National Biodiversity Au thority established under sub­ section ( 1) of Section 8 of the Act; (c) "Bo.:.rd" means the Tripura State Biodiversity Board established under Section 22 of the Act; (d) "Cornmittee" means Biodiversity Management Coma1ittee established by the local bodies under Section 4 1 of the Act; (e) "Chairperson" means the Chairperson of the State Biod iversity Board; (f) "Fee" means any fee stipulated in these Rules; (g) "Form" means fonn appended to these Rules; (h) "State Government" means the Government ofTripura; (i) "Member" means member of the National B iodiversity Authority or a State Biodiversity Board. and includes the chairperson as the case may be thereof; (j) "Section" means section of the Act; (k) "Member Secretary" 1neans the Member-Secretary of the B oard; (I) Words and expressions used but not defined in these Rules and defined in the Act shall h ave the same meaning respectively assigned to them in the Act. 3. Manner of selection and appointment of the Chairperson - (I) The Chairperson of the Board shall be a serving officer of the State Government, not below the rank of Chief Secretary to the State Government, having adequate knowledge and experience in the conservation and sustainable use of biodiversity and in matters relating to the equitable sharing of the benefits. (2) The Chairperson of the Board shall be appointed by the State Government . • Tripura Gazette, Extraordinary Issue, November 14, 2008 A.O. 4. Term of Office of the Chairperson - (I) the Chairperson of the Board shall hold the office for a tetm not exceeding three years and shall be eligible for re-appointment provided that no Chairperson shall hold office beyond the age of 60 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. 5. Pay and Allowances of the Chairperson - The Chairperson shall be entitled to such salary, allowances, leave, pension, provident fund. house and other perquisites, as may be determined by the State Government from time to time. 6. Nomination and Term of office and Allowances of non-official member-· (1) Not more than five non-official members from amongst the ex.perts ·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. At least two of these members shall be from local comm.unities. (2) The non-official Member of the Board shall hold the office for a tenn not exceeding three years at a time from the date of his nomination. (3) The non-official Member shall be entitled to sitting aUowance, traveling expenses, daily allowanc.e and to such other allowances, as may be fixed by the State Government for attending the meeting(s) of the Board. 7. Filling up of vacancies of non-official member - (/) A non-official tnember o f the Board may resign from his office at any time by giving in writil\& under his hand addressed to the State Government and the seat of that member in the Board shall become vacant. (2) A casual vacancy of a non official member in the Board shall be filled up by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term of the member, in whose place he was nominated. 8. Removal of the Members of the Board - A member of the Board can b:.-: removed from the office on any ground(s) specified here in below: (a) been adjudged as an insolvent; or · (b) been convicted of an offence which involves moral turpitude; or (c) become physically or mentally incapable of acting as a member; or (d) so abused his position as to render his continuance in office detrimental to the public interest; or · (e) acquired such financial or other interest as is likely to affect prejudicially his functions as a member, However, no such removal shall be ordered witl\out due and proper enquiry by an officer administratively superior in ranks and position to the given ex-officio member appointed by the State Government for the purpose and without giving a reasonable opportunity to the member of being heard. Tripura Gazette, Extraordinary Issue, November 14, 2008 A.D. 9. (A) Appointment of the Ex-officio Members - Not more than five ex-officio members shall be appointed from the following departments/ organizations State Government. of the ranks as mentioned here in below as long as they hold their respective office: (]) Principal Chief Conservator of Forests. Forest Department, Govt. ofTripura (2) Commissioner and Secretary. Agriculture Department, Govt. ofTripura (3) Commissioner and Secretary. A.R. D. Department, Govt. ofTripura (4) Commissioner and Secretary. Fisheries Department. Govt. ofTripura (5) Commissioner and Secretary. SC/ST Department , Govt. ofTripura 9 (B). Appointment of the Non-Official Members Not more than FIVE Non-Official Members shall be appointed by the State Governme nt under the Clause (C) of Section 22 of the Act. · 10. Head Office oftbe Board I} ·rhe Head Office of the Board shall be at Agartala. 11. Terms of office and functions of Member Secretary of the Board i. Chief Wildlife Warden shall be Member Secretary of the Board. ii. 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. iii. Member Secretary shall have under his direct control a team of officers and staff posted for this purpose subject to the conditions as per section 16 of the Rule, especially to deal with day to day administrative and financial matters. iv. All orders or instructions shall be issued by the Board shall be under the signature of the Member Secretary or any such officer authorized on this behalf by the Board. v. Member Secretary either himself or through the officer authorize for the purpos·e made sanction and d isburse of payment of the Board. vi. Member Secretary shall have the powers to give administrative sanction to the estimates in the budget of the Board. vii. Member Secretary shall be in charge of the confidential papers of the Board and shall be responsible for their safe custody, he shall produce such papers whenever d irected by the Board of State Govemment. vi ii. Member Secretary will exercise such other powers and such other functions as may be directed to him from time to time by the Board. ix. Member-Secretary shall on behalf of Chairperson convene the meetings of the Board x. Tbe Member-Secretary shall be the Chief Executive of the State Biodiversity Board. 12. Meetings of the Board - (1) The Board shall meet at least 2(two) times in a year at the Head quarters 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 2(tv.•o) members of the Board or upon a direction of the State Government. call a special meeting of the Board. (3) Fifteen days notice of an ordinary meeting and two days notice of a special meeting specifying the purpose, the time and the place, at which such meeting is to be he!d, shall be given to the n1embers. (4) Every meeting shall be presided over by the chairperson and in his absence, by a presiding officer to be elected by the members present from amongst themselves. (5) All questions which come before any meeting of the Tripura Biodiversity Board shall be decided by the majority of the votes of the members present and voting and Tripura Gazette, Extraordinary Issue, November 14, 2008 A.D. in the event of the equality of the votes. the chairperson or. in his absence, the person presiding sha ll have and exercise a second or casting vote. (6) Each member shall have one vote. (7) Q uorum for the meeting of the Board shall be five . (8) No member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten days• not ice unless the chairperson in his discretion permits him to do so. . (9) Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting shall disclose the nature of his concern or interest and after such disclosure, the member concerned or interested shall not attend that meeting. ( I 0) 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. ( 11) No act or proceeding of the board shall be invalidated merely by the reason of: (a) any vacancy in, or any defect in the constitution of, the Board; or {b) any defect in the appointment of a person acting as a member; or (c) any irregularities in the procedure of . the Board not affecting the merits of the case. ( 12) In addition, the Board may evolve such other procedure for the transaction of its business, as it may deem fit and prop~. 13. Appointment of Expert Committee by the Board and their entitlements (1) The Board may constitute such number of committees for such purposes as it deems fit for the efficient discharge of the its duties and performance of its .functions. (2) A Committee so constituted shall co-opt such number of persons, who are not the members of the Board, as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings bu,t shall not have the right to vote. (3) lne person appointed as members of the committee under sub-section (1) shall be entit led to receive such allowances or fees for attending the meetings of the committees as may be fixed by the State Government. 14. General functions of the Board - In particular and without prejudice to the generality of other provisions, the Board may perform the following functions, in pursuance of section 23 (c) of the Act: (i) Faci litate updating and implementation of State Bio-diversity Strategy and Action Plan. (ii) Commission studies and sponsor investigations and research. (iii) P rovide technical assistance and guidance to the departments of the State Government. (iv) Engage consultant for a specific period, not exceeding three years, for providing technical assistance to the Board for effective discharge of its functions. Provided that if it is necessary and expedient to engage any consultant beyond the period of three years, the Board shall seek prior approval of the State Government for such an engagement. (v) Collect, compile and publish technical and statistical data, manuals, codes or guides relating to conservation of bio-diversity, sustainable use of its components and fair and equitable sharing of benefits arising out of the use biological resource and knowledge. Tripura Gazette, Pixtraordinary Issue, November 14, 2008 A.D. (vi) Organize through mass media a comprehensive programme regarding conscr1atioir. of bio-diversity, s1.llstair.iable use of its components and fa ir and equitable sharing of benefits <lrising out of the use of biologica l resource and knowledge. (vii) Plan and oirganize training of personnel engaged or likely to be engaged in progran1mes for the conservation of biological bio-diversity and sustainable use of its components. (viii) Take steps Io h1.1ild up a datai;)ase and to create infonnation and documentation system for biological resourc~s and associated traditional knowledge through bio-diversity registers and 'electronics data bases, to ensure effective management, p,·omct:on and sust.ainabie uses. (ix) G ive directions to the local bodies/Bio-diversity Management Committees in writing and through appropriate oral means, for effective implementation of the Act, and to facilitate their meaningful participation in all measures relating to conservation, sustainable use, and equitable benefit-sharing. (x) Report to the State Government -~bout the functioning of the Board and implementation o f the Act and the R~les made there under. (xi) Recommend, prescribe, mooify, coHect fee for collection/utilization of biologi~-e! resources from time to time. . (xii) To devise methods to ensure protection of rights inc luding intellectual property rights over biologica l resources and associated knowledge including systems of maintaining "onfidentiality of such information as appropriate, including the protection oft:1e inforrnation recorded in People"s Biodiversity Registers. (xiii) · Sanction grants- in-aid and grants to Bio-diversity Management Committees for specific purposes. (xiv) Undertake physical inspection of any area in connection with the cmplementatson of the Act. (xv) Ensu;,e il,.w. .:•iodiversity and biodiversity-dependent livelihoods are integrated into all :sectors of planning and management, and at all leve ls ofplann jng from local to state, to enable such sectors and administrative leve ls to contribute effectively for conservation and sustainable use. . (xvi) Prepare the Annual Budget of the Beard incorporating· its own receipts as also the devaluation from the State, Central Government and N ational B io-diversity Authority provided that the allocation by the State G ovt., Central G overnment and National Bio-diversity Authority shall be operated in accordance with the budget provisions approved by the State Govt., Central G overnme nt and National Bio-diversity A uthority respectively. (xvii) Board shall have full powers for granting administrative and tec hnical sanctions for all the estimates; it may however de legate such administrative and technical sanction po,vers to the Member secretary of the Board. as may be deemed necessary. (.xviii) Recommend c reation of posts to State G overnment, for effective d ischarge of the functions by the Board and to create such posts, provided that no such post whether permanent/temporary or of any nature, would be created without prior approval of the State Government . (xix) Perform such other functions. as may be necessary to carry o ut the provisions of the Act or as n1ay be prescribed by the State Government from time to time. (:-;x ) Shall have po,\·er to acquire, hold and dispose o f p roperty, both ,novablc and immovable and enter into contract for the san1c. (xx i) Carry out such other functions as may be assigned or directed by the State Govt. from time to t ime. · Tripura Gazette, Extraordinary Issue, November 14, 2008 A.D. (xxii) Lay down the procedure and guidelines to govern the activities provided under section 23 of the Act. (xxiii) 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. (xxiv) Regulate by granting of approvals or otherwise requests for commercial utilisation or biO:survey and bio-utilisation of any biological resource by Indian nationals. (xxv) Organize through mass media a comprehensive program regarding conservation of biological bio-diversity. sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resource and knowledge. 15. Powers and Duties of the Chairperson - (I) 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 there-under. (2) The Chairperson shall have the powers of general superintendence over the officers and sta·ff 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 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 or by the state govemm.ent. 16. Terms and Conditions or Service of employees or the Board (I) The Board may appoint such officers and other employees as it consider necessary "for the efficient discharge of its functions. (2) The terms and conditions of the employees of the Board shall be the 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. (3) The board shall approve the method of recruitment/promotion to the posts in the Board. 17. Procedure for access to/collection of biological resources (I) Any person seeking access to/collection of biological resources and associated knowledge for research or for commercial utilization under section 7 of the Act shall make an application to the Board in Form-I appended to these rules. Every application shall be accompanied by a fee of Rs.JOO/- in case such access is for research purpose and Rs. I 000/- for commercial utilization, and shall be in the form of a cheque or demand draft. (2) The Board after due appraisal of the application and after consultation with the concerned local bodies and after collecting such additional information, as it may deem necessary shall decide the application, as far as possible within a period of 3 months of receipt of the same. In this context. the word "consult", for the purposes of the act includes the following steps, inter alia : (a) issuing of public notice, in local languages, of the proposal for access/collection; (a) discussion/dialogue with the general assembly of the local body: and (c) formal consent form the assembly after being provided adequate information about the proposal and its implications for conservation and livelihoods. Tripura Gazette, Extraordinary Issue, November 14, 2008 A.O. (3) 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. (4) A written agreement duly signed by an authorized officer of the Board and the applicant shall govern the access/collection. The form of the agreement shall be decided by the Board. (5) 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. (6) The Board may reject the application if it considers that the request cannot be acceded to after recording the reasons therefore. Before passing an order of rejection, the applicant shall be given a reasonable opportunity of being heard. (7) Any information given in the form referred to in the sub-rule (I) for prior intimation shall be kept confidential and shall not be disclosed, either intentionally or unintentionally. to any person not concerned thereto 18. Revocation of access/approval (Section 24 of the Act). ( l) The Board may either on the basis of any complaint or suo moto withdraw the approval granted for access under rule IS and revoke the written agreement under the following conditions: (i) 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; (ii) When the person has failed to comply with the terms of agreement; (iii) On failure to comply with any of the conditions of access; (iv) 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 inquires 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 Biodiversity Management Committees for prohibiting the access and also to assess the damage, if any, ca1tsed and take ~1eps to recover the damage. 19. Restriction on activities related to access to biological resources (I) The Board, if it deems necessary and appropriate, shall take the steps to restrict or prohibit the proposal for access to biological resources for the following reasons: (i) The request for access is for any threatened tax.a, or taxa that is likely to become threatened due to such access; (ii) The request for access is for any endemic and rare species; (iii) The request for access may likely to result in adverse effect on the livelihoods, culture. or indigenous knowledge of the local people; (iv) The request to access may result in adverse environmental impact which may be difficult to control and mitigate; Tripura Gazette, Extraordinary Issue, November 14, 2008A.D. (v) The request for access may cause genetic erosion or affecting the ecosystem function; 1 I (vi) Use of resources for purposes contrary to national interest and other related international agreements entered into by th, country; (2) Any order of restriction shall be made only after making sdph inquires as required; consulting the concerned local bodies and Biodiversity Management Committees, and giving the person so affected an opportunity of being heard 20. Operation of State Bio-diversity Fund ( l) The State Bio-diversity Fund shall be operated by the Member Secretary of the Board or by such any other officer of the Bu.ard as may be a.uthoriud by Ihe Board in this behalf. (2) The State Bio-diversity Fund shall have two separate heads of accounts, one relating to the receipts (grants and loans) from the Central Government/ National Bio­ diversity Authority and State Govt. including receipts from such otner sources as decided by the Board and the other concerning the fee, license fee, royalty, other receipts of the Board. (3) The State Government, shall after due appropriation made by Ch~ SUJ:~ legislature by the law in this behalf, pay to the Board such sum of money as the Stete Government may think fit for being utilized for the purpose of the Act. (4) The Board shall frame guidelines on ways to ensure that d~cisi~11s regarding the management and use of the Fund are transparent and accountable to the public. (S) The State Biodiversty fund shall be applied for: · (a) the management and conservation of heritage sites. (b) Compensating or rehabilitating any section of the peop!e eco"',.:,mically affected by notification under Sub-section (1) of section 37 of the Act. (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 of the Act (Section 19 of this Rule), in consultation with the local bodies concerned; ( e) Meeting the expenses incurred for the purpose authorized by the Act . . 21. Annual Report and Annual Statement of Accounts (1) The Board shall prepare its annual report for each financial :yea:- g1v1ng detailed account of its activities and annual statement of accounts and submit the same to the State Government, not later than 15th May of the subsequent financial year. (2) The Board shall lay down the procedure for upkeep of the accounts in consultation with Accountant General of the State. The accounts of the Board shall be audited annually by a Chartered Accountant on the panel of CAG, appointed for the purpose by the Board and the expenditure towards this shall be payable by the Board. The Accountant General of the State shall also audit the accounts of the Board. (3) The Board shall submit the Annual report together with the audited statement of accounts for each financial year to the State Government by 15 th May each year so as to enable the State Government to lay the reports before the Legislative Assembly. 22. Establishment and Management of Bio-diversity Heritage Site - (1) The Board shall, in consultation with the local bodies and other key stakeholders, take necessary steps Tripura Gazette, Extraordinary Issue, November 14, 2008 A.O. to facilitate setting up of areas of significant bio-diversity value, as Heritage Sites. Following recommendation from the Board and after consultation with the Central Government, the State.Government shall issue notification to this effect. (/) The Board shall frame guidelines on the selection, management and other aspects of Heritage Sites, ensuring that these provide decision-making role for relevant Bio-diversity Management Committees. 23. Constitution of Biodiversity Management Committees (I) Every local body shall constitute a Biodiversity Management Committee within its area of jurisdiction. (2) If the local body is satisfied that the function of the BMC can be discharged by the general assembly of the local body, or by one of its existing committees, the same should be recorded as resolution passed by such local body, follo~ing due procedure. (3) The Biodiversity Management Committees constituted under sub rule ( l) shall have seven persons nominated by the local body, of whom not less than one third shall be women. Seven local knowledgeable persons being so nominated should be drawn from amongst the herbalists, agriculturist, Non Timber Forest Produce collectors/ traders, fisherman folk, representatives of user associations, community workers, academicians and any person/ representative of organization, on whom the local body trusts that he can significantly contribute to the mandate of the Biodiversity Management Committee. The proportion of members belonging to the Scheduled Caste and the Scheduled Tribe should not be less than Scheduled Caste/ Scheduled Tribe percentage of the district, where such a committee is set up. All the above should be residents within the said local body limits and be in the voters list. · (4) l'he local body shall nominate six special invitees from the Forest, Agriculture, ARDD, Health, Fisheries and Education department. (5) The chairperson of the Biodiversity Management Committee shall be elected from amongst the members of the committee in a meeting to be presided over by the chairperson of the local body. The chairperson of the local body shall have the casting vote in case of a tie. (6) The chairperson ofth~ Biodiversity Management Committee shall have tenure of three years. (7) The local Member of the Legislative Assembly and Member of Parliament would be special invitees to the meetings of the Biodiversity Management Committees at different levels. · (8) A technical support group comprising of experts in the field of biodiversity drawn from government agencies, Non Government Organizations, academic field, community and individuals shall be established by Zilla Parishad /district administration. The expert group shall lend support to Biodiversity Management Committees. (9) The key mandate of the Biodiversity Management Committees will be to ensure conservation, sustainable utilization and equitable sharing of benefits from the biodiversity. The Biodiversity Management Committees shall facilitate preparation of People's Biodiversity Registers. The Register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them. The Zila Biodiversity Management Committee shall be responsible for developing a district wide network of People's Biodiversity Registers database. The People's Biodiversity Registers shall be prepared at the Gram Sabha/ Panchayat/ Municipal Corporation Biodiversity Managernent Tripura Gazette, Extraordinary Issue, November 14, 2008 A.O. Committee level by using the process and the format set by the Board. The Biodiversity Management Committees and local bodies will be responsible for ensuring the protection of the knowledge recorded in the People's Biodiversity Registers, especially to regulate its access to outside agencies and individuals. ( I 0) The other functions of the Biodiversity Management Committee are to advise on any ,natter referred to it by the State Biodiversity Board or Authority for granting approval, to maintain data about the local vaidf and practitioners using biological resources. ( 11) The Biodiversity Management Committees at different levels shall strive to mainstream biodiversity conservation concerns in the developmental planning at local level. ( 12) The Board shall 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. The Board shall take steps to specify the form of the People's Biodiversity Registers, and the particulars it shall contain and the format for electronic database. ( 13) The Committee shall also maintain a Register giving information about the 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. (14) The Biodiversity Management Committee may decide the terrns on which it would pefmit 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 with in its jurisdiction . The major share of levy charged for the material collected / cultivated from private land should be given to the owner / cultivator of the land/ knowledge holder/sand the balance should be deposited in Local Biodiversity Fund of Biodiversity Management Committee. The levy charged for the material collected / cultivated from government land should be totally deposited in Local Biodiversity Fund of Biodiversity Management Committee. ( 15) The Board shall provide guidelines for terms of access and fee collection by the Biodiversity Management Committees. (16) The Biodiversity Management Committees shall prepare a Biodiversity Management Plan using output from People's Biodiversity Register and will be responsible for or participate in its implementation. (17) The local bodies shall ensure that the Biodiversity Management Committees are integrated with the functioning of existing local institutions by cross-membership, regular coordination meetings, and other such measures, as determined by the local bodies or as specified by the Board. 24. Management & custody of Local Bio-diversity Fund l) At the level of local body the local bio-diversity fund shall be constituted. 2) The Board shall provide to the local body any loan or grant received by it from State Government, Central Government or from the Authority for the purpose of the Act. The local body can also access such funds from other sources as it identifies, or as specified by the Board. 3) The local biodiversity fund shall be . operated by the Biodiversity Management Committees. The Board shall lay down the operational guidelines for operation of the fund by the Biodiversity Management Committees, including ways, in which its functioning is transparent and accountable to all members of the relevant local body. Tripura Gazette, Extraordinary Issue, November 14, 2008 A. D. 4) 1·1ie fund shall be used for the conserYation and promotion of bio-diversity in the areas falling ,vi thin the jurisdiction of the concerned local body and for the benefit of the local comn1unity in so far such use is consistent ,vith conservation of bio-diversity. 5) The account of the local bio-diversity fund shall be prepared in such forn1s as n1ay be specified hy the Board and during each financial year at such time as may be prescribed. 6) 1·1ie Bio-diversity tv'lanagen1ent Comn1ittees shall prepare its annual report giving full account of its activities during the previous financial year, and submit a copy thereof to the Board and a copy to the general assembly of the local body. 7) ·rhe a.:c1)unts of the local bio-d iversity fund shall be maintained and audited in such manner. as 1nay be specified by the Board. 25. Appeal for settlement of disputes ( 1) T he Board shall sin1ilarly lay down the procedure for settlement of disputes between Board and the Bio-diversity Management Committees or amongst Bio-diversity Managen1cnt Committees, and between Bio-diversity Management Committee and relevant local bodies. By order and in the name of the Governor ofTripura. Sd/ Chief Secretary Govt. of Tripura. · Printed at the Tripura Government Press, Agarta/a.