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Section 46 – Protection of Plant Varieties and Farmers Rights Act,2001

Protection of Plant Varieties and Farmers Rights Act,2001

Section 46. Framing of schemes, etc

(1) The Central Government shall, for the purposes of Section 41 and clause (d) of sub-section (2) of Section 45, frame, by notification in the Official Gazette, one or more schemes.

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), the scheme may provide for all or any of the following matters, namely:-

(a) the registration of the claims for the purposes of Section 41 under the scheme and all matters connected with such registration;

(b) the processing of such claims for securing their enforcement and matters connected therewith;

(c) the maintenance of records and registers in respect of such claims;

(d) the utilisation, by way of disbursal (including apportionment) or otherwise, of any amount received in satisfaction of such claims;

(e) the procedure for disposal or apportionment by the Authority in the event of dispute regarding such claims;

(f) the utilisation of benefit sharing for the purposes relating to breeding, discovery or development of varieties;

(g) the maintenance and audit of accounts with respect to the amounts referred to in clause (d).

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Protection of Plant Varieties and Farmers Rights Act,2001

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