Act Number: 53

Act Name: The Protection of Plant Varieties and Farmers Rights Act, 2001

Year: 2001

Enactment Date: 2001-10-30

Long Title: An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.

Ministry: Ministry of Agriculture and Farmers Welfare

Department: Department of Agriculture, Cooperation and Farmers Welfare

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 (1) 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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