Section 45 in 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;(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.
