Section 6: Benefit Sharing Fee and Royalties

The Biological Diversity Act, 2002, aims to conserve and sustainably use India's biodiversity, while also ensuring equitable sharing of benefits arising from the use of biological resources.

The Act specifies provisions for monetary benefit sharing. Specifically, one section addresses the mechanisms for collecting fees and royalties when biological resources are utilized, ensuring that local communities and the nation benefit.

Relevant Section and Provisions

Section 6 of the Biological Diversity Act, 2002, is the key provision related to monetary considerations arising from the access and utilization of biological resources.

• It empowers the National Biodiversity Authority (NBA) to determine the terms and conditions, including the nature and details of payments by way of benefit sharing fee, royalties, and other considerations, to the person(s) providing the biological resources.
• This ensures that commercial utilization of accessed biological resources results in tangible benefits, such as fees and royalties, being shared appropriately.

Analysis of Options

Based on the provisions of the Act:

• Section 6: Directly prescribes for benefit sharing fees and royalties.
• Section 10A: Deals with the process of obtaining prior approval from the NBA for certain activities.
• Section 16: Relates to the declaration of heritage sites.
• Section 30: Concerns the power to transfer cases.

Therefore, Section 6 is the correct section prescribing for Benefit sharing fee and royalties.