Section 45 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi
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.
Summary
- The Central Government must set up a specific fund named the National Gene Fund.
- This fund is financed through benefit sharing payments, annual breeder royalties, community compensation deposits, and outside contributions.
- The money in the fund is used to pay out benefit sharing amounts to eligible claimants.
- It also funds the compensation ordered for village or local communities under community rights.
- The fund pays for conserving plant genetic resources and helps panchayats do conservation work.
- It covers the expenses of executing benefit sharing schemes that are officially framed under the law.
Practical examples
FAQ
1. What are the main sources of money for the National Gene Fund under the Farmers' Rights Act?
Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the National Gene Fund receives money from benefit sharing, annual breeder royalties under Section 35, community compensation under Section 41, and contributions from national or international organizations.
2. How is the National Gene Fund spent under the 2001 Plant Varieties Act?
In accordance with Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the fund is spent on paying benefit sharing, community compensation, supporting conservation of genetic resources, helping panchayats, and funding benefit sharing schemes.
3. Does the National Gene Fund support local panchayats under the Indian plant variety protection law?
Yes, under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the fund is used to meet expenditures for strengthening the capability of Panchayats to carry out the conservation and sustainable use of genetic resources.
Test yourself
Q1.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, which of the following is NOT credited to the National Gene Fund?
Q2.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what role does the local Panchayat play in relation to the National Gene Fund?
Q3.If the Authority grants community compensation under Section 41, how does Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, coordinate the flow of these funds?
Q4.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what type of conservation is funded by the National Gene Fund?