The 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;
1.
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.