The
Protection of Plant Varieties and Farmer's Rights Bill, 2000
Act No.
123 of 1999.
[As
redrafted by the Joint Committee]
To
provide for the establishment of an effective system for protection of plant
varieties, the rights of farmers and plant breeders, to encourage the
development of new varieties of plants.
Whereas
it is considered necessary to recognise and protect the rights of the farmers in
respect of their contribution made at any time in conserving, improving and
making available plant genetic resources for the development of new plant
varieties.
And
whereas for accelerated agricultural development in the country, it is necessary
to protect plant breeders' rights to stimulate investment for research and
development, both in the public and private sector, for the development of new
plant varieties.
And
whereas, such protection will facilitate the growth of the seed industry in the
country which will ensure the availability of high quality seeds and plant
material to the farmers.
And
whereas to give effect to the aforesaid objectives, it is necessary to undertake
measures for the protection of the rights of farmers and plant breeders;
And
whereas India, having ratified the Agreement on Trade Related Aspects of
Intellectual Property Rights should inter-allia make provision for giving effect
to sub-paragraph (b) of paragraph 3 of article 27 in Part II of the said
Agreement relating to protection of plant varieties;
Be
it enacted by Parliament in the Fifty-first Year [2000] of the Republic of India
as follows-
CHAPTER I PRELIMINARY
CHAPTER II
A. THE PLANT VARIETIES AND FARMERS' RIGHTS PROTECTION AUTHORITY
B. THE REGISTRY, REGISTRATION OF VARIETIES AND CONDITIONS OF REGISTRATION
CHAPTER III
A. REGISTRATION OF PLANT VARIETIES
B. APPLICATION FOR REGISTRATION
C. REGISTRATION OF ESSENTIALLY DERIVED VARIETY
CHAPTER IV DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
CHAPTER V SURRENDER AND REVOCATION OF CERTIFICATE AND
CHAPTER VI FARMERS RIGHTS
CHAPTER VII COMPULSORY LICENCE
CHAPTER
VIII TRIBUNAL
CHAPTER IX FINANCE, ACCOUNTS AND AUDIT
CHAPTER X
A. INFRINGEMENT
B. OFFENCES, PENALTIES AND PROCEDURE
CHAPTER XI MISCELLANEOUS
Short
Title, extent and commencement.
1.
(1) This Act may be called the Protection of Plant Varieties and Farmers' Rights
Act, 2000.
(2)
It extends to the whole of India.
(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint; and different dates may be
appointed for different provisions of this Act and any reference in any such
provision to the commencement of this Act shall be construed as a reference to
the coming into force of that provision.
Definitions
2.
In this Act, unless the context otherwise requires:
(a)
"Authority" means the Protection of Plant Varieties and Farmers'
Rights Authority established under sub-section (1) of section 3;
(b)
"benefit sharing" in relation to a variety, means such proportion of
the benefit accruing to a breeder of such variety of such proportion of the
benefit accruing to the breeder from an agent or a Licensee of suchvariety, as
the case may be, for which a claimant shall be entitled as determined by the
Authority under section 26.
(c)
"breeder" means a person or group of persons or a farmer or group of
farmers or any institution which has bred, evolved or developed any variety;
(d)
"Chairman" means the Chairman of the Tribunal;
(e)
"Chairperson" means the Chairperson of the Authority appointed under
clause (a) of sub-section (5) of section 3;
(f)
"Convention country" means a country which has acceded to an
international convention for the protection of plant varieties to which India
has also acceded, or a country which has a law on protection of plant varieties
on the basis of which India has entered into an agreement for granting, plant
breeders' right to the citizens of both the countries;
(g)
"denomination", in relation to a variety or its propagating material
or essentially derived variety or its propagating material, means the
denomination of such variety or its propagating material or essentially derived
variety or its propagating material, as the case may be, expressed by means of
letters or a combination of letters and figures written in any language;
(h)
"essential characteristics" means such heritable traits of a plant
variety which are determined by the expression of one or more genes of other
heritable determinants that contribute to the principle features, performance or
value of the plant variety;
(i)
"essentially derived variety", in respect of a variety (the initial
variety) shall be said to be essentially derived from such initial variety when
it-
(i)
is predominantly derived from such initial variety, or from a variety that is
itself predominantly derived from such initial variety, while retaining the
expression of the essential characteristics that results from the genotype or
combination of genotype of such initial variety;
(ii)
is clearly distinguishable from such initial variety; and
(iii)
conforms (except for the differences which result from the act of derivation) to
such initial variety in the expression of the essential characteristics that
result from the genotype or combination of genotype of such initial variety.
(j)
"extant variety" means a variety available in India which is-
(i)
notified under section 5 of the Seeds Act, 1966; or
(ii)
farmers' variety; or
(iii)
a variety about which there is common knowledge; or
(iv)
any other variety which is in public domain.
(k)
"farmer" means any person who-
(i)
cultivates crops either by cultivating the land himself; or
(ii)
cultivates crops by directly supervising the cultivation of land through any
other person; or
(iii)
conserves and preserves, severally or jointly, with any person any wild species
or traditional varieties or adds value to such wild species or traditional
varieties through selection and identification of their useful properties.
(l)
"farmers' variety" means a variety which-
(i)
has been traditionally cultivated and evolved by the farmers in their fields; or
(ii)
is a wild relative or land race of a variety about which the farmers possess the
common knowledge.
(m)
"Gene Fund" means the National Gene Fund constituted under subsection
(1) of section 45;
(n)
"Judicial Member" means a Member of the Tribunal appointed as such
under sub-section (1) of section 56 and includes Chairman;
(o)
"Member" means a Judicial Member or a Technical member of the Tribunal
and includes Chairman;
"member"
means a member of the Authority appointed under clause (b) of sub-section (5)
of
section 3 and includes the Member-Secretary;
(q)
"prescribed" means prescribed by rules made under this Act;
(r)
"propagating material" means any plant or its component or part
thereof including an intended seed or seed which is capable of or of suitable
for regeneration into a plant;
(s)
"Register" means a national Register of Plant Varieties referred to in
section 13;
(t)"Registrar"
means a Registrar of Plant Varieties appointed under sub-section (4) of section
12 and includes the Registrar-General;
(u)"Registrar-General"
means the Registrar-General of Plant Varieties appointed under sub-section (3)
of section 12;
(v)
"Registry" means the Plant Variety Registry referred to in sub-section
(1) of section 12;
(w)
"regulations" means regulations made by the Authority under this Act;
(x)
"seed" means a type of living embryo or propagule capable of
regeneration and giving rise to a plant which is true to such type;
(y)
"Variety", means a plant grouping except micro-organism within a
single botanical taxon of the lowest known rank, which can be-
(i)
defined by the expression of the characteristics resulting from a given genotype
of that plant grouping;
(ii)
distinguished from any other plant grouping by expression of at least one of the
said characteristics; and
(iii)
considered as a unit with regard to its suitability for being propagated, which
remains unchanged after such propagation, and includes propagating material of
such variety, extant variety, transgenic variety, farmers' variety and
essentially derived variety.
(z)
"Tribunal" means the Plant Varieties Protection Appellate Tribunal
established under section 54;
(z-a)
"Technical Member" means a Member of the Tribunal who is not a
Judicial Member.
Establishment
of Authority.
3.
(1) The Central Government shall, by notification in the Official Gazette,
establish an authority to be known as the Protection of Plant Varieties and
Farmers' Rights Authority for the purposes of this Act.
(2)
The Authority shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal with power to acquire, hold and dispose of
properties, both movable and immovable, and to contract, and shall by the said
name sue and be sued.
(3)
The head office of the Authority shall be at such place as the Central
Government may, by notification in the Official Gazette, specify and the
Authority may, with the previous approval of the Central Government, establish
branch offices at other places in India.
(4)
The Authority shall consist of a Chairperson and fifteen members.
(5)
(a) The Chairperson to be appointed by the Central Government, shall be a person
of outstanding calibre and eminence, with long practical experience to the
satisfaction of that Government especially in the field of plant varietal
research or agricultural development.
(b)The
members of the Authority, to be appointed by the Central Government, shall be as
follows, namely-
(i)
the agriculture Commissioner, Government of India, Department of Agriculture and
Cooperation, New Delhi, Member ex-officio;
(ii)
the Deputy Director General in charge of Crop Sciences, Indian Council of
Agricultural Research, New Delhi, ex-officio;
(iii)
the Joint Secretary in charge of Seeds, Government of India, Department of
Agriculture & Cooperation, New Delhi, ex-officio;
(iv)
the Horticulture Commissioner, Government of India, Department of Agriculture
& Cooperation, New Delhi, ex-officio;
(v)
the Director, National Bureau of Plant Genetic Resources, New Delhi, ex-officio;
(vi)
one member not below the rank of Joint Secretary to the Government of India, to
represent the Department of Bio-Technology, Government of India, ex-officio;
(vii)
one member not below the rank of Joint Secretary to the Government of India to
represent the Ministry of Environment and Forests of the Government of India,
ex-officio;
(viii)
one member not below the rank of Joint Secretary to the Government of India to
represent the Ministry of Law of the Government of India, ex-officio;
(ix)
one representative from a National or State level farmers' organisation to be
nominated by the Central Government;
(x)
one representative from a tribal organisation to be nominated by the Central
Government;
(xi)
one representative from the seed industry to be nominated by the Central
Government;
(xii)
one representative from an agricultural university to be nominated by the
Central Government;
(xiii)
one representative from a National or State level women's organisation
associated with agricultural activities to be nominated by the Central
Government;
(xiv)
two representatives of State Governments on rotation basis to be nominated by
the Central Government.
(c)
The Registrar General shall be the ex-officio Member-Secretary of the Authority.
(6)
The term of office of the Chairperson and the manner of filling the post shall
be such as may be prescribed.
(7)
The Chairperson shall appoint a Standing Committee consisting of five members,
one of which shall be a member who is a representative from a farmers
organisation to advise the Authority on all issues including farmers rights.
(8)
The Chairperson shall be entitled to such salary and allowances and shall be
subject to such conditions of service in respect of leave, pension, provident
fund and other matters as may be prescribed. The allowances for non-official
members for attending the meeting of the Authority will be as such as may be
prescribed. The allowances for non-official members for attending the meeting as
prescribed.
(9)
The Chairperson may resign his office by giving notice thereof in writing to the
Central Government and on such resignation being accepted, he shall be deemed to
have vacated his office.
(10)
On the resignation of the Chairperson or on the vacation of the office of
Chairperson for any reason, the Central Government may appoint one of the
members to officiate as Chairperson till a regular Chairperson is appointed in
accordance with clause (a) of sub-section (5).
Meeting
of Authority.
4.
(1) The Authority shall meet at such time and place and shall observe such rules
of procedure in regard to the transaction of business at its meetings (including
the quorum at its meetings and the transaction or business of its Standing
Committee appointed under sub-section 7 of section 3) as may be prescribed.
(2)
The Chairperson of the Authority shall preside at the meetings of the Authority.
(3)
If for any reason the Chairperson is not able to attend any meeting of the
Authority, any member of the Authority chosen by the members present at the
meeting shall preside at the meeting.
(4)
All questions which come before any meeting of the Authority shall be decided by
a majority of the votes of the members of the Authority present and voting and
in the event of equality of votes, the Chairperson of the Authority or in his
absence, the person presiding shall have and exercise a second or casting vote.
(5)
Every member who is in any way, whether directly, indirectly or personally,
concerned or interested in a matter to be decided at the meeting shall disclose
the nature of his concern of interest and after such disclosure, the member
concerned or interested shall not attend that meeting.
(6)
No act or proceeding of the Authority shall be invalid merely by reason of-
(a)
any vacancy in, or any defect in the constitution of the Authority; or
(b)
any defect in the appointment of a person acting as the Chairperson or a member
of the Authority; or
(c)
any irregularity in the procedure of the Authority not affecting the merits of
the case.
Committee
of Authority.
5.
(1) The Authority may appoint such committees as may be necessary for the
efficient discharge of its duties and performance of its functions under this
Act.
(2)
The persons appointed as members of the committee under sub-section (1) shall be
entitledto receive such allowances or fees for attending the meetings of the
committee as may be fixed by the Central Government.
Officers
and employees of Authority.
6.
Subject to such control and restriction as may be prescribed, the Authority may
appoint such other officers and employees as may be necessary for the efficient
performance of its functions and the method of appointment, the scale of pay and
allowances and other conditions of service of such other office. and employees
of the Authority shall be such as may be prescribed.
Chairperson
to be Chief Executive.
7.
The Chairperson shall be the Chief Executive of the Authority and shall exercise
such powers and perform such duties as may be prescribed.
General
Functions of Authority.
8.
(1) It shall be the duty of the Authority to promote, by such measures as it
thinks fit, the encouragement for the development of new varieties of plants and
to protect the rights of the farmers and breeders.
(2)
In particular, and without prejudice to the generality of the foregoing
provisions, the measures referred to in sub-section (1) may provide for-
(a)
the registration of extant and new plant varieties subject to such terms and
conditions and in the manner as may be prescribed;
(b)
developing characterization and documentation of varieties registered under this
Act;
(c)
documentation, indexing and cataloguing of farmers' varieties;
(d)
compulsory cataloguing facilities for all varieties of plants;
(e)
ensuring that seeds of the varieties registered under this Act are available to
the farmers and providing for compulsory licensing of such varieties if the
breeder of such varieties or any other person entitled to produce such variety
under this Act does not arrange for production and sale of the seed in the
manner as may be prescribed;
(f)
collecting statistics with regard to plant varieties, including the contribution
of any person at any time in the evolution or development of any plant variety,
in India or in any other country, for compilation and publication;
(g)
ensure the maintenance of the National Register of plant variety.
Authentication
of orders of Authority.
9.
All orders and decisions of the Authority shall be authenticated by the
signature of the Chairperson or any other member authorised by the Authority in
this behalf.
Delegation.
10.
The Authority may, by general or special order in writing, delegate to the
Chairperson, any member or officer of the Authority subject to such conditions
or limitations, if any, as may be specified in the order, such of its powers and
functions (except the power to make regulations under section 94) under this Act
as it may deem necessary.
Power
of Authority.
11.
In all proceedings under this Act before the Authority or the Registrar-
(a)
the Authority or the Registrar, as the case may be, shall have all the powers of
a civil court for the purposes of receiving evidence, administering oaths,
enforcing the attendance of witnesses, compelling the discovery and production
of documents and issuing commissions for the examination of witnesses;
(b)
the Authority or the Registrar may, subject to any rules made in this behalf
under this Act, make such orders as to cost as it considers reasonable and any
such order shall be executable as a decree of a civil court.
Registry
and offices thereof.
12.
(1) The Central Government shall establish for the purpose of this Act, a
Registry which shall be known as the Plant Varieties Registry.
(2)The
head office of the Plant Varieties Registry shall be located in the head office
of the Authority, and for the purpose of facilitating the registration of plant
varieties, there may be established, at such places, as the Authority may think
fit, branch offices of the Registry.
(3)The
Authority shall appoint a Registrar General of Plant Varieties who shall be
entitled to such salary and allowances and shall be subject to such conditions
of service in respect of leave, pension, provident fund and such other matters
as may be prescribed.
(4)The
Authority may appoint such number of Registrars as it thinks necessary for
Registration of plant varieties under the superintendence and direction of the
Registrar General under this Act and may make regulations with respect to their
duties and jurisdiction.
(5)The
term of office and the conditions of service of the Registrars shall be such as
may be provided by regulations.
(6)The
Authority may, by notification in the Official Gazette, define the territorial
limits within which a branch office of the Registry may exercise its functions.
(7)
There shall be a seal of the Plant Varieties Registry.
National
Register of Plant Varieties.
13.
(1) For the purposes of this Act, a register called the National Register of
Plant Varieties shall be kept at the head office of the Registry, wherein shall
be entered the names of all the registered plant varieties with the names and
addresses of their respective breeders, the right of such breeders in respect of
the registered variety, the particulars of the denomination of each registered
variety, its seeds or other propagating material along with specification of
salient features thereof and such oilier matters as may be prescribed.
(2)
Subject to the superintendence and direction of the Central Government, the
register shall be kept under the control and management of the Authority.
(3)
There shall be kept at each branch office of the Registry a copy of the register
and such oilier documents as tile Central Government may, by notification in the
Official Gazette, direct.
Application
for Registration.
14.
Any person specified in section 16 may make an application to the Registrar for
registration of any variety-
(a)
of such genera and species as specified under sub-section (2) of section 29; or
(b)
which is an extant variety; or
(c)
which is a farmers' variety.
Registrable
varieties.
15.
(1) A new variety shall be registered under this Act if it conforms to the
criteria of novelty, distinctiveness, uniformity and stability;
(2)
Notwithstanding anything contained in sub-section (1) an extant variety shall be
registered under this Act within a specified period if it conforms to such
criteria of distinctiveness, uniformity and stability as shall be specified
under regulations made by the Authority
(3)
For the purposes of sub-section (1) and sub-section (2) as the case may be a new
variety shall be deemed to be-
(a)
novel, if at the date of filing of the application for registration for
protection, the propagating or harvested material of such variety has not been
sold or otherwise disposed of by or with the consent of its breeder or his
successor for the purposes of exploitation of such variety-
(i)
in India, earlier than one year, or
(ii)Outside
India in the case of trees or vines earlier than six years, or in any other
case, earlier than four years;
before
the date of filing such application.
Provided
that a trial of a new variety which has not been sold or otherwise disposed of
shall not affect the right to protection.
Provided
further that the fact that on the date of filing the application for
registration the propagating or harvested material of such variety has become a
matter of commonly known other than through the aforesaid manner shall not
affect the criteria of novelty for such variety;
(b)
distinct, if it is clearly distinguishable by at least one essential
characteristic from any another variety whose existence is a matter of common
knowledge in any country at the time of filing of the application;
Explanation-For
the removal of doubts, it is hereby declared that the filing of an application
for the granting of a breeder's right to a new variety or for entering such
variety in the official register of varieties in any convention country shall be
deemed to render that variety a matter of common knowledge from the date of the
application in case the application leads to the granting of the breeder's right
or to the entry of such variety in such official register, as the case may be.
(c)
uniform if subject to the variation that may be expected from the particular
features of its propagation it is sufficiently uniform in its essential
characteristics;
(d)
stable, if its essential characteristics remain unchanged after repeated
propagation or, in the case a particular cycle of propagation, at the end of
each such cycle.
(4)
A new variety shall not be registered under this Act if the denomination given
to such variety-
(i)
is not capable of identifying such variety; and
(ii)
consists solely of figures; and
(iii)
is liable to mislead or to cause confusion concerning the characteristics, value
identity of such variety or the identity of breeder of such variety; or
(iv)
is not different from every denomination which designates a variety of the same
botanical species or of a closely related species registered under this Act; or
(v)
is likely to deceive the public or cause confusion in the public regarding the
identity of such variety;
(vi)
is likely to hurt the religious sentiments respectively of any class or section
of the citizens of India; or
(vii)
is prohibited for use as a name or emblem for any of the purpose mentioned in
section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950; or
(viii)
is comprised of solely or partly of geographical name:
Provided
that the Registrar may register a variety. the denomination of which comprises
solely or partly of a geographical name, if he considers that tile use of such
denomination in respect of such variety is an honest use under the circumstances
of the case.
Persons
who may make application.
16.
(1) An application for registration under section 14 shall be made by-
(a)
any person claiming to be the breeder of the variety; and
(b)
any successor of the breeder of the variety; or
(c)
any person being the assignee of the breeder of the variety in respect of the
right to make such application or
(d)
any farmer or group of farmers or community of farmers claiming to be the
breeder of the variety;
(e)
any person authorised in the prescribed manner by a person specified under
clause (a) to (d) to make application on his behalf.
(f)
any university or publicly funded agricultural institution claiming to be the
breeder of the variety.
(2)
An application under sub-section (1) may be made by any of the persons referred
to therein individually or jointly with any other person.
Compulsory
Plant Variety denomination.
17.
(1) Every application shall assign a single and distinct denomination to a
variety with respect to which he is seeking registration under this Act in
accordance with the regulations.
(2)
The Authority shall, having regard to the provisions of any international
convention or treaty to which India has become a party, make regulations
governing the assignment of denomination to a plant variety.
(3)
Where the denomination assigned to the variety do not satisfy the requirements
specified in the regulations, the Registrar may require the applicant to propose
another denomination within such time as may be provided by such regulations.
(4)
Notwithstanding anything contained in the Trade Mark Act, 1999 a denomination
assigned to a variety shall not be registered as a trade mark under that Act.
Form
of applicant.
18.
(1) Every application for registration under section 14 shall-
(a)
be with respect to a variety;
(b)
state the denomination assigned to such variety by the applicant;
(c)
be accompanied by an-affidavit sworn by the applicant that such variety does not
contain any gene or gene sequence involving terminator technology;
(d)
be in such form as may be specified by regulation.
(e)
contain a complete passport data of the parental lines from which the variety
has been derived along with the geographical location in India from where the
genetic material has been taken and all such information relating to the
contribution, if any, of any farmer, village community, institution or
organisation in breeding, evolution or developing the variety;
(f)
be accompanied by a statement containing a brief description of the variety
bringing out its characteristics of novelty, distinctiveness, uniformity and
stability as required for registration.
(g)
be accompanied by such fees as may be prescribed;
(h)
contain a declaration that the genetic material or parental material acquired
for the breeding, evolving or developing the variety has been lawfully acquired;
and
(i)
be accompanied by such other particulars as may be prescribed:
Provided
that in case where the application is for the registration of farmers' variety,
nothing contained in clause (h) to (i) shall apply in respect of the application
and the application in such form as may be prescribed;
(2)
Every application referred to in sub-section (a) shall be filed in the office of
the Registrar.
(3)
Where such application is made by virtue of a succession or an assignment of the
right to apply for registration, there shall be furnished at the time of making
the application, or within such period after making the application as may be
prescribed, a proof of the right to make the application.
Test
to be conducted.
19.
(1) Every applicant shall, along with the application for registration made
under this Act, make available to the Registrar such quantities of seeds of a
variety for registration of which such application is made, for the purpose of
conducting tests to evaluate whether such variety along with parental material
conform to the standards as may be specified by regulations:
Provided
that the Registrar or any person or test centre to whom such seed has been sent
for conducting test shall keep such seed during his or its possession in such
manner and in such condition that its viability and quality shall remain
unaltered.
(2)
The applicant shall deposit such fee as may be prescribed for conducting tests
referred to in sub-section (1).
The
tests under sub-section (1) shall be conducted in such manner and by such method
as may be prescribed.
Acceptance
of application or amendment thereof.
20.
(1) On receipt of an application under section 14, the Registrar may, after
making such inquiry as he thinks fit with respect to the particulars contained
in such application, accept the application absolutely or subject to such
condition or limitations as he deems fit.
(2)
Where the Registrar is satisfied that the application does not comply with the
requirements of this Act or any rules or regulations made hereunder, he may,
either-
(a)
require the applicant to amend the application to his satisfaction;
(b)
reject the application;
Provided
that no application shall be rejected unless the applicant has been given a
reasonable opportunity of presenting his case.
Advertisement
of application.
21.
(1) Where an application for registration of a variety has been accepted
absolutely or subject. to conditions or limitations under sub-section (1) of
section 20, the Registrar shall, as soon as after its acceptance, cause such
application together with the conditions or limitations, if any, subject to
which it has been accepted and the specifications of the variety for
registration of which such application is made including its photographs or
drawings. to be advertised in the prescribed manner calling objections front the
persons interested in the matter.
(2)
Any person may, within three months from the date of the advertisement of an
application for registration on payment of the prescribed fee, give notice, in
writing in the prescribed manner, to the Registrar, of his opposition to the
registration.
(3)
Opposition to the registration under sub-section (2) may be made on the
following grounds, namely:-
(a)
that the person opposing the application is entitled to the breeder's right as
against the applicant; or
(b)
that the variety is not registrable under this Act;
(c)
that the grant of certificate of registration may not be in public interest;
(d)
that the variety may have adverse effect on environment.
(4)
The Registrar shall serve a copy of the notice of opposition on the applicant
for registration and, within two months from the receipt by the applicant of
such copy of the notice of opposition, the applicant shall send to the Registrar
in the prescribed manner a counter statement of the grounds on which he relies
for his application, and if he does not do so, he shall be deemed to have
abandoned his application.
(5)
If the applicant sends such counter statement, the Registrar shall serve a copy
thereof on the person giving notice of opposition.
(6)
Any evidence upon which the opponent and the applicant may rely shall be
submitted, in the manner prescribed and within the time prescribed, to the
Registrar and the Registrar shall give an opportunity to them to be heard, if so
desired.
(7)
The Registrar shall, after hearing the parties, if so required, and considering
the evidence, decide whether and subject to what conditions or limitations, if
any, the registration is to be permitted and may take into account a ground of
objection whether relied upon by the opponent or not.
(8)
Where a person giving notice of opposition or an applicant sending a counter
statement after receipt of a copy of such notice neither resides nor carries on
business in India, the Registrar may require him to give security for the cost
of proceedings before him and in default of such security being duly given may
treat the opposition or application, as the case may be, as abandoned.
(9)
The Registrar may, on request, permit correction of any error in, or any
amendment of, a notice of opposition or a counter statement on such terms as he
may think fit.
Registrar
to consider grounds for opposition.
22.
The Registrar shall consider all the grounds on which the application has been
opposed and after giving reasons for his decision, by order, uphold or reject
the opposition.
Registration
of essentially derived variety.
23.
(1) An application for the registration of an essentially derived variety of the
genera or species specified under sub-section (2) of section 29 by the Central
Government shall be made to the Registrar by or on behalf of any person referred
to in section 14 and in the manner specified in section 18 as if for the word
"variety" the words "essentially derived variety" have been
substituted therein and shall be accompanied by such documents and fee as may be
prescribed.
(2)
When the Registrar is satisfied that the requirements of sub-section (1) have
been complied with to his satisfaction, he shall forward the application with
his report and all the relevant document to the Authority.
(3)
On receipt of an application under sub-section (2), the Authority shall get
examined such essentially derived variety to determine as to whether the
essentially derived variety is a variety derived from the initial variety by
conducting such tests and following such procedure as may be prescribed.
(4)
When the Authority is satisfied on the report of the test referred to in
sub-section (3) that the essentially derived variety has been derived from the
initial variety, it may direct the Registrar to register such essentially
derived variety and the Registrar shall comply with the direction of the
Authority.
(5)
Where the Authority is not satisfied on the report of the test referred to in
sub-section (3) that the essentially derived variety has been derived from the
initial variety it shall refuse the application.
(6)
The rights of the breeder of a variety contained in section 28 shall apply to
the breeder of essentially derived variety:
Provided
that the authorisation by the breeder of initial variety to the breeder of
essentially derived variety under, sub-section (2) of section 28 may be subject
to such terms and conditions as both the parties may mutually agree upon;
(7)An
essentially derived variety shall not be registered under this section unless it
satisfies the requirements of section 15 as if for the word "variety",
the words "essentially derived variety" have been substituted therein.
(8)
When an essentially derived variety has been registered by the Registrar in
compliance with the direction of the Authority under sub-section (4), the
Registrar shall issue to the applicant a certificate of registration in the
prescribed form and sealed with seal of the Registry and send a copy thereof to
the Authority and to such other authority, as may be prescribed, for
information.
CHAPTER IV
DURATION
AND EFFECT OF REGISTRATION AND BENEFIT SHARING
Issue
of certificate of registration.
24.
(1) When an application for registration of a variety (other than an essentially
derived variety), has been accepted and either-
(a)
the application has not been opposed and the time of notice of opposition has
expired; or
(b)
the application has been opposed and opposition has been rejected, the Registrar
shall register the variety,
(2)
On the registration of the variety (other than an essentially derived variety),
The Registrar shall issue to the applicant a certificate of registration in the
prescribed form and sealed with the seal of the Registry and send a copy to the
Authority for determination of benefit sharing and to such other authority, as
may be prescribed, for information. The maximum time required by the Registrar
for issuing the certificate of registration from the date of filing of the
application for registration of a variety shall such as may be prescribed.
(3)Where
registration of a variety (other than an essentially derived variety), is not
completed within twelve months from the date of the application by reason of
default on the part of the applicant, the Registrar may after giving notice to
the applicant in the prescribed manner treat the application as abandoned unless
it is completed within the time specified in that behalf in the notice.
(4)The
Registrar may amend the Register or a certificate of registration for the
purpose of correcting a clerical error or an obvious mistake.
(5)
The Registrar shall have power to issue such directions to protect the interests
of a breeder against any abusive act committed by any third party during the
period between filing of application for registration and decision taken by the
Authority on such application.
(6)
The certificate of registration issued under this section or sub-section (8) of
section 23 shall be valid for nine years in the case of trees and vines and six
years in the case of other crops and may be reviewed and renewed for remaining
period on payment of such fees as may be fixed by the rules made in this behalf
subject to the condition that the total aggregate period of validity shall not
exceed-
(i)
in the case of trees and vines, eighteen years from the date of registration of
the variety;
(ii)
in the case of extant variety, fifteen years from the date of the notification
of that variety by the Central Government under section 5 of the Seeds Act,
1966; and
(iii)
in the other cases, fifteen years from the date of registration of the variety.
Publication
of list of varieties.
25.
The Authority shall, within such intervals as it thinks appropriate, publish the
list of varieties which have been registered during that intervals.
Determination
of benefit sharing by Authority.
26.
(1) On receipt of a copy of the certificate of registration under sub-section
(8) of section 23 or sub-section (2) of section 24, the Authority shall publish
such contents of the certificate and invite claims of benefit sharing to the
variety registered under such certificate in the manner as may be prescribed.
(2)On
invitation of the claims under sub-section (1), any person or group of persons
or non-governmental organisation shall submit its claim of benefit sharing to
such variety in the prescribed form within such period, and accompanied with
such fee, as may be prescribed.
(3)On
receiving a claim under subsection (2), the Authority shall send a copy of such
claims to breeder of the variety registered under such certificate and the
breeder may, on receipt of such copy, submit his opposition to such claim within
such period and in such manner as may be prescribed.
(4)The
Authority shall, after giving an opportunity of being heard to the parties
dispose of the claim received under sub-section (2).
(5)
While disposing of the claim under sub-section (4), the Authority shall
explicitly indicate in its order the amount of the benefit sharing, if any, for
which the claimant shall be entitled and shall take into consideration the
following matters, namely:-
(a)
the extent and nature of the use of genetic material of the claimant in the
development of the variety relating to which the benefit sharing has been
claimed,
(b)
the commercial utility and demand in the market of the variety relating to which
the benefit sharing has been claimed.
(6)
The amount of benefit sharing to a variety determined under this section shall
be deposited by the breeder of such variety in the manner referred to under
clause (a) of sub-section (1) of section 45 in the National Gene Fund.
(7)
The amount of benefit sharing determined under this section shall, on a
reference made by the Authority in the prescribed manner, be recoverable as an
arrear of land revenue by the District Magistrate within whose local limits of
jurisdiction the breeder liable for such benefit sharing resides.
Breeder
to deposit seeds or propagating material.
27.
(1) The breeder shall be required to deposit such quantity of seeds or
propagating material including parental line seeds of registered variety in the
National Gene Bank as may be specified in the regulations for reproduction
purpose at the breeder's expense within such time as may be specified in that
order.
(2)
The seeds or propagating material or parental line seeds to be deposited under
sub-section (1) shall be deposited to the National Gene Bank specified by the
Authority.
Registration
to confer right.
28.
(1) Subject to the other provisions of this Act, a certificate of registration
for a variety issued under this Act shall confer an exclusive right on the
breeder or his successor, his agent or licensee, to produce, sell, market,
distribute, import or export the variety.
Provided
that in the case of an extant variety, unless a breeder or his successor
establishes his right, the Central Government, and in cases where such extant
variety is notified for a State or for any area thereof under section 5 of the
Seeds Act, 1966 the State Government, shall be deemed to be the owner of such
right.
Authorisation
of breeder.
(2)
breeder may authorise any person to produce, sell, market or otherwise deal with
a variety registered under this Act subject to such limitations and conditions
as may be specified in the regulations.
(3)
Every authorisation under this section shall be in such form as may be specified
by regulations.
(4)
Where an agent or a licensee referred to in sub-section (1) becomes entitled to
produce, sell, market, distribute, import or export a variety, he shall apply in
the prescribed manner and with the prescribed fee to the Registrar to register
his title and the Registrar shall on receipt of application and on proof of
title to his satisfaction, register him as an agent or a licensee, as the case
may be, in respect of the variety for which he is entitled for such right, and
shall cause particulars of such entitlement and conditions or restrictions, if
any, subject to which such entitlement is made, to be entered in the Register:
Provided
that when the validity of such entitlement is in dispute between the parties,
the Registrar may refuse to register the entitlement and refer the matter in the
prescribed manner to the Authority and withhold the registration of such
entitlement until the right of the parties in dispute referred to has been
determined by the Authority.
(5)
The Registrar shall issue a certificate of registration under sub-section (4) to
the application after such registration and shall enter in the certificate the
brief conditions of entitlement, if any, in the prescribed manner, and such
certificate shall be the conclusive proof of such entitlement and the conditions
or restriction thereof, if any.
(6)Subject
to any agreement subsisting between the parties, an agent or licensee of a right
to a variety registered under sub-section (4) shall be entitled to call upon the
breeder or his successor thereof to take proceedings to prevent infringement
thereof, and if the breeder or his successor refuses or neglects to do so within
three months after being so called upon, such registered agent or licensee may
institute proceedings for infringement in his own name as if he were the
breeder, making the breeder or his successor a defendant.
(7)Notwithstanding
anything contained in any other law, a breeder or his successor so added as
defendant shall not be liable for any costs unless he enters an appearance and
takes part in the proceedings.
(8)Nothing
in this section shall confer on a registered agent or registered licensee of a
variety any right to transfer such a right further thereof.
(9)
Without prejudice to the registration under sub-section (4), the terms of
registration-
(a)may
be varied by the Registrar as regards the variety in respect of which, or any
condition or restrictions subject to which, it has effect on receipt of an
application in the prescribed manner of the registered breeder of such variety,
or his successors;
(b)may
be cancelled by the Registrar on the application in the prescribed manner of the
registered breeder of such variety or his successor or of the registered agent
or registered licensee of such variety;
(c)may
be cancelled by the Registrar on the application in the prescribed manner of any
person other than the breeder, his successor, the registered agent or the
registered licensee on any of the following, grounds, namely:-
(i)
that the breeder of a variety or his successor or the registered agent or
registered licensee of such variety, misrepresented, or failed to disclose, some
fact material to the application for registration under sub-section (4) which if
accurately represented or disclosed would have justified the refusal of the
application for registration of the registered agent or registered licensee;
(ii)that
the registration ought not to have effected having regard to the right vested in
the applicant by virtue of a contract in the performance of which he is
interested.
(d)may
be cancelled by the Registrar on the application in the prescribed manner of the
breeder of a registered variety, or his successor on the ground that any
stipulation in the agreement between the registered agent or the registered
licensee, as the case may be, and such breeder or his successor regarding the
variety for which such agent or licensee is registered is not being enforced or
is not being complied with;
(e)may
be cancelled by the Registrar on the application of any person in the prescribed
manner on the ground that the variety relating to the registration is no longer
existing.
(10)
The Registrar shall issue notice in the prescribed manner of' every application
under this section to the registered breeder of a variety or his successor and
to each registered agent or registered licensee (not being the applicant) of
such variety.
(11)
The Registrar shall before making any order under sub-section (9) forward the
application made in that behalf along with any objection received by any party
after notice under subsection (10) for the consideration of the Authority, and
the Authority may, after making such enquiry as it thinks fit, issue such
directions to the Registrar as it thinks fit and the Registrar shall dispose of
the application in accordance with such directions.
Exclusion
of certain varieties
29.
(1) Notwithstanding anything contained in this Act, no registration of a variety
shall be made under this Act in cases where prevention of commercial
exploitation of such variety is necessary to protect public order or public
morality or human, animal and plant life and health or to avoid serious
prejudice to the environment.
(2)
The Central Government shall, by notification in the Official Gazette, specify
the genera or species for the purposes of registration of varieties other than
extant varieties and farmers' varieties under this Act.
(3)
Notwithstanding anything contained under sub-section (2) above and sub-sections
(1) and (2 ) of section 15, no variety of any genera or species which involves
any technology including which is injurious to the life or health of human
beings, animals or plants shall be registered under this Act. .
Explanation-For
the purpose of this sub-section; the expression any "technology"
includes genetically use restriction technology and terminator technology.
(4)
The Central Government shall not delete any genera or species from the list of
genera or species specified in a notification issued under sub-section (2)
except in public interest.
(5)
Any variety belonging to the genera or species excluded under subsection (4)
shall not he eligible for any protection under this Act.
Researcher's
Rights
30.
Nothing contained this Act shall prevent-
(a)
the use of any variety registered under this Act by any person using such
variety for conducting experiment or research; and
(b)
the use of a variety by any person as an initial source of variety for the
purpose of creating other varieties:
Provided
that the authorisation of the breeder of a registered variety is required where
the repeated use of such variety as a parental line is necessary for commercial
production of such other newly developed variety.
Special
provisions relating to applications for registration from citizens of convention
countries
31.
(1) With a view to the fulfilment of a treaty, convention or arrangement with
any country outside India which affords to citizens of India similar privileges
as granted to its own citizen, the Central Government may, by notification in
the Official Gazette, declare such country to be a convention country for the
purposes of this Act.
(2)
Where a person has made an application for the granting of a breeder's right to
a variety or for entering such variety in the official register of varieties in
a convention country and that person or any person entitled to make application
on his behalf under section 14 or section 23 makes an application for the
registration of such variety in India within twelve months after the date on
which the application was made in the convention country, such variety shall, if
registered under this Act, be registered as of the date on which the application
was made in the convention country and that date shall be deemed for the
purposes of this Act to be the date of registration.
(3)
Where applications have been made for granting of a breeder's right to a variety
or for entering such variety in the official register of varieties in two or
more convention countries, the period of twelve months referred to in the last
preceding sub-section shall be reckoned from the date on which the earlier or
earliest of those application was made.
(4)
Nothing in this Act shall entitle the breeder of a registered variety to
infringement of rights other than protected under this Act which took place
prior to the date of application of registration under this Act.
Provisions
as to reciprocity.
32.
Where any country specified by the Central Government in this behalf by
notification in the Official Gazette under sub-section (1) of section 31 does
not accord to citizens of India the same rights in respect of the registration
and protection of a variety, as it accords to its own nationals, no nationals of
such country shall be entitled, either solely or jointly with any other person,
to apply for the registration of a variety or be entitled to get a variety
registered under this Act.
CHAPTER V
SURRENDER
AND REVOCATION OF CERTIFICATE AND
RECTIFICATION
AND CORRECTION OF REGISTER
Surrender
of certificate of Registration.
33.
(1) A breeder of a variety registered under this Act may, at any time by giving
notice in the prescribed manner to the Registrar, offer to surrender his
certificate of registration.
(2)
Where such an offer is made, the Registrar shall notify in the prescribed manner
every registered agent or registered licensee relating to such certificate.
(3)
Any of such agent or licensee may within the prescribed period after such
notification give notice to the Registrar of his opposition to the surrender and
where any such notice is given, the Registrar shall intimate the contents of
such notice to the breeder of such variety.
(4)
If the Registrar is satisfied after hearing the applicant and all the opponents,
if desirous of being heard that the certificate of registration may properly be
surrendered, he may accept the offer and by order revoke the certificate of
registration.
Revocation
of protection on certain grounds.
34.
Subject to the provisions contained in this Act, the protection granted to a
breeder in respect of a variety may, on the application in the prescribed manner
of any person interested, be revoked by the authority on any of the following
grounds, namely:-
(a)
that the grant of the certificate of registration has been based on incorrect
information furnished by the applicant;
(b)
that the certificate of registration has been granted to a person who is not
eligible for protection under this Act;
(c)
that the breeder did not provide the Registrar with such information, documents
of material as required for registration under this Act;
(d)
that the breeder has failed to provide all alternative denomination of the
variety which is the subject matter of the registration to the Registrar in case
where the earlier denomination of such variety provided to the Registrar is not
permissible for registration under this Act;
(e)that
the breeder did not provide the necessary seeds or propagating material to the
person to whom compulsory licence has been issued under section 48 regarding the
variety in respect of which registration certificate has been issued to such
breeder;
(f)
that the breeder has not complied with the provisions of this Act or provisions
of rules or regulations made thereunder;
(g)
that the breeder has failed to comply with the directions of the Authority
issued under this Act;
(h)
that the grant of the certificate of registration is not in the public interest.
Provided
that no such protection shall be revoked unless the breeder is given a
reasonable opportunity to file objection and of being heard in the matter.
Payment
of annual fee and forfeiture of registration in default thereof.
35.
(1) The Authority may, with the prior approval of the Central Government and
after notification in the Official Gazette, impose a fee to be paid annually, by
every breeder of a variety, agent and licensee thereof registered under this Act
determined on the basis of benefit or royalty gained by such breeder, agent or
licensee, as the case may be, in respect of the variety, for the retention of
their registration under this Act.
(2)
If any breeder, agent or licensee fails to deposit the fee referred to in
sub-section (1) imposed upon him under that sub-section in the prescribed manner
up to two consecutive years, the Authority shall issue notice to such breeder,
agent or licensee and on service of such notice if he fails to comply with the
direction in the notice, the Authority shall declare all the protection
admissible under registration certificate issued to such breeder or agent or
licensee forfeited.
(3)the
arrears of fee imposed under sub-section (1) shall be deemed to be arrears of
land revenue and shall be recoverable accordingly.
Power
to cancel or change registration and to rectify the Register
36.(1)
On an application made in the prescribed manner to the Registrar by any person
aggrieved, the Registrar may make such order as he may think fit for cancelling
or changing any certificate of registration issued under this Act on the ground
of any contravention of the provisions of this Act or failure of observe a
condition subject to which such registration certificate is issued.
(2)
Any person aggrieved by the absence or omission from the register of any entry,
or by any entry in the register without sufficient cause, or by any entry
wrongly remaining on the register, may apply in the described manner to the
Registrar and the Registrar may make such order for making, expunging or varying
the entry as he may think fit.
(3)
The Registrar may in any proceeding, under this section decide any question that
may be necessary or expedient to decide in connection with the rectification of
the register.
(4)The
Registrar, on his own motion may, after giving notice in the prescribed manner
to the parties concerned and after giving them an opportunity of being heard
make any order referred to in sub-section (1) or sub-section (2).
Correction
of Register.
37.
(1) The Registrar may, on an application in the prescribed manner by the breeder
of a variety registered under this Act-
correct
any error in the register in the name, address or description of such breeder or
any other entry relating to such variety;
(b)
enter in the register any change in the name, address or description of such
breeder;
(c)
cancel the entry in the register of the variety in respect of which such
application is made; and make any consequential amendment or alteration in the
certificate of registration and for that purpose require the certificate of
registration to be produced to him.
(2)
The Registrar may, on application made in the prescribed register by a
registered agent or a registered licensee of a variety and after notice to the
registered breeder of such variety, correct any error, or enter any change, in
the name, address or description of such registered agent or registered
licensee, as the case may be, in the register or certificate of registration
under this Act.
Alteration
of denomination of a registered variety.
38.
(1) The breeder of a variety registered under this Act may apply in the
prescribed manner to the Registrar to delete any part or to add to or alter the
denomination of such variety in any manner not substantially affecting the
identity thereof, and the Registrar may refuse, leave or may grant it on such
terms and subject to such limitations as he may think fit to avoid any conflict
with the rights of other breeders of the varieties registered under this Act.
(2)
The Registrar may cause an application under this section to be advertised in
the prescribed manner in any case where it appears to him that it is expedient
so to do, and where he does so, if within the prescribed time from the date of
the advertisement any person gives notice to the Registrar in the prescribed
manner of opposition to the application, the Registrar shall, after hearing the
parties if so required, decide the matter.
(3)
Where leave is granted under this section, the denomination of the variety as
altered shall be advertised in the prescribed manner, unless the application has
already been advertised under sub-section (2).
Farmer's
right.
(1)
Notwithstanding anything contained in this Act, a farmer-
(i)
Who has bred or developed a new variety shall be entitled for registration and
other protection in like manner as a breeder of a variety under this Act,
(ii)
the farmers' variety shall be entitled for registration as specified in the
Article 18(h).
(iii)
who is engaged in the conservation of genetic resources of land races and wild
relatives of economic plants and their improvement through selection and
preservation shall be entitled in the prescribed manner for recognition and
reward from the National Gene Fund;
Provided
that material so selected and preserved has been used as donors of genes in
varieties registrable under this Act;
(iv)
Shall be deemed to be entitled to save, use, sow, resow, exchange, share or sell
his farm produce including seed of a variety protected under this Act in the
same manner as he was entitled before the coming into force of this Act;
Provided
that the farmer shall not be entitled to sell branded seed of a variety
protected under this Act.
Explanation:
For the purpose of clause (iv) branded seed means any seed put in a package or
any other container and labelled in a manner indicating that such seed is of a
variety protected under this Act.
(2)
Where any propagating material of a variety registered under this Act has been
sold to a farmer or a group of farmers or any organisation of farmers, the
breeder of such variety shall disclose to the farmer or the group of farmers or
the organisation of farmers, as the case may be, the expected performance under
given conditions, and if such propagating material fails to provide such
performance under such given conditions as the farmer or the group of farmers or
the organisation of farmers, as the case may be, may claim compensation in the
prescribed manner before the Authority and the Authority shall after giving
notice to the breeder of the variety and after providing him an opportunity to
file opposition in the prescribed manner and after hearing the parties, it may
direct the breeder of the variety to pay such compensation as it deems fit, to
the farmer or the group of farmers or the organisation of farmers, as the case
may be.
Certain
information to be given in application registration.
40.
(1) A breeder or other person making application for registration of any variety
under chapter III shall disclose in the application the information regarding
the use of genetic material conserved by any tribal or rural families in the
breeding or development of such variety.
(2)If
the breeder or such other person fails to disclose any information under
sub-section (1), the Registrar may after being satisfied that the breeder or
such person has wilfully and knowingly concealed such information reject the
application for registration.
Rights
of communities.
41.
(1) Any person, group of persons (whether actively engaged in farming or not) or
any governmental or non-governmental organisation may on behalf of any village
or local community in India, file in any centre notified, with the previous
approval of the Central Government by the Authority in the Official Gazette any
claim attributable to the contribution of the people of that village or local
community as the case may be in the evolution of any variety for the purpose of
staking a claim on behalf of such village or local community.
(2)
Where any claim is made under sub-section (1), the centre notified under that
sub-section may verify the claim made by such person or group of persons or such
governmental or non-governmental organisation in such manner as it deems fit and
if it is satisfied that such village or local community has contributed
significantly to the evolution of the variety which has been registered under
this Act, it shall report its findings to the Authority.
(3)
When the Authority, on a report under sub-section (2) is satisfied, after such
enquiry as it may deem fit, that the variety with which the report is related
has been registered under the provision of this Act, it may issue notice in the
prescribed manner to the breeder of that variety and after providing opportunity
to such breeder to file objection in the prescribed manner and of being heard,
it may subject to any limit notified by the Central Government, by order, grant
such sum of compensation to be paid to a person or group of persons or
governmental or non-governmental organisation which has made claim under
sub-section (1) to the Authority, as it may deem fit.
(4)
Any compensation granted under sub-section (3) shall be deposited by the breeder
of the variety in the Gene Fund.
(5)
The compensation granted under sub-section (3) shall be deemed to be an arrear
of land revenue and shall be recoverable by the Authority accordingly.
Protection
of innocent infringement.
42.
Notwithstanding anything contained in this Act-
(i)
a right established under this Act shall not be deemed to be infringed by a
farmer who at the time of such infringement was not aware of the existence of
such right; and
(ii)
a relief which a court may grant in any suit for infringement referred to in
section 65 shall not be granted by such court nor any cognizance of any offence
under this Act shall be taken for such infringement by any court against a
farmer who proves, before such court, that at the time of the infringement he
was not aware of the existence of the right so infringed.
Authorisation
of farmer's variety.
43.
Notwithstanding anything contained in section 28 and sub-section (6) of section
23, where an essentially derived variety is derived from a farmers' variety, the
authorisation under sub-section (1) of section 28 shall not be given by the
breeder of such farmers' variety except with the consent of the farmers or group
of farmers or community of farmers who have made contribution in the
preservation or development of such variety.
Exemption
from fee.
44.
A farmer or group of farmers or village community shall not be liable to pay any
fee in any proceeding before the Authority or Registrar or the Tribunal or the
High Court under this Act and the rules made thereunder.
Explanation:-For
the purposes of this section, fee for any proceeding includes any fee payable
for inspection of any document or for obtaining a copy of any decision or order
or document under this Act or the rules made thereunder.
Gene
Fund.
45.
(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 subsection (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 other expenditures of the schemes relating to benefit sharing, framed under
section 46.
Framing
of schemes etc.
46.
(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 amounts received in satisfaction of such claims.
(e)
the procedure for disbursal 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).
