Section 46 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (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).
Summary
- This section allows community claims to be filed on behalf of any village or local community in India.
- Any person, group of persons, or organization can make a claim regarding a community's role in developing a plant variety.
- Notified centers are responsible for verifying these claims and reporting their findings to the Authority.
- The Authority can order a plant breeder to pay compensation if the community made a significant contribution.
- Any granted compensation must be deposited by the breeder into the Gene Fund.
- Compensation orders are legally treated as arrears of land revenue and can be recovered by the Authority.
Practical examples
FAQ
1. How can an Indian village claim community rights under Section 41 of the Farmers' Rights Act?
Under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, any person, group, or organization can file a claim on behalf of an Indian village or local community at a notified center to protect their traditional contribution to a plant variety.
2. Who verifies community claims under Section 41 of the 2001 Plant Varieties Act?
According to Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the claims are verified by a center notified in the Official Gazette by the Authority with the prior approval of the Central Government.
3. What happens if a breeder refuses to pay community compensation under Section 41 of the plant variety protection law?
Under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, any compensation granted by the Authority is treated as arrears of land revenue and can be recovered directly by the Authority from the breeder.
4. Where is community compensation deposited under Section 41 of the Indian Plant Varieties Act?
In line with Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, any compensation granted by the Authority must be deposited by the plant breeder directly into the National Gene Fund.
Test yourself
Q1.Under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, who is eligible to file a claim on behalf of a village or local community in India?
Q2.Under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what must a notified center do after receiving a community claim?
Q3.When the Authority decides to grant compensation under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, how is the breeder given a fair chance to respond?
Q4.Under Section 41 and Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, how are community compensation claims financed and paid?