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Protection of Plant Varieties and Farmers Rights Act, 2001


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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