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Section 45 – Protection of Plant Varieties and Farmers Rights Act,2001

Protection of Plant Varieties and Farmers Rights Act,2001

Section 45. Gene Fund

(1) The Central Government shall constitute a Fund to be called the National Gene Fund and there shall be credited thereto-

(a) the benefit sharing received in the prescribed manner from the breeder of a variety or an essentially derived variety registered under this Act, or propagating material of such variety or essentially derived variety, as the case may be;

(b) the annual fee payable to the Authority by way of royalty under sub-section (4) of Section 35;

(c) the compensation deposited in the Gene Fund under sub-section (4) of Section 41;

(d) the contribution from any national and international organisation and other sources.

(2) The Gene Fund shall, in the prescribed manner, be applied for meeting-

(a) any amount to be paid by way of benefit sharing under sub-section (5) of Section 26;

(b) the compensation payable under sub-section (3) of Section 41;

(c) the expenditure for supporting the conservation and sustainable use of genetic resources including in-situ and ex-situ collections and for strengthening the capability of the Panchayat in carrying out such conservation and sustainable use;

(d) the expenditure of the schemes relating to benefit sharing framed under Section 46.

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Protection of Plant Varieties and Farmers Rights Act,2001

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