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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

A BMC in a Municipal Corporation area levies a collection fee on a trader who gathers wild herbs for sale at a commercial scale from its area. A researcher gathering a few leaves for a school project is not charged. Which view is correct under the Act?

The levy on the trader is valid. Section 41(3) empowers a Biodiversity Management Committee to levy collection fees on any person accessing or collecting biological resources for commercial purposes from its territorial jurisdiction. The power is tied to commercial purposes, so it does not extend to non-commercial collection.

  1. ALevy on the trader is valid, as BMCs may levy collection fees on any person accessing biological resources for commercial purposes from their areaCorrect
  2. BLevy is invalid, since only the State Biodiversity Board may charge fees
  3. CLevy is valid only if the Central Government sanctions each case
  4. DLevy is valid on every person, including the researcher, irrespective of purpose

Explanation

Section 41(3) allows Biodiversity Management Committees to levy charges by way of collection fees from any person for accessing or collecting any biological resource for commercial purposes from areas within their territorial jurisdiction. The trader's activity is commercial, so the levy is valid. The provision is tied to commercial purposes, so it does not extend to every person regardless of purpose.

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