CHAPTER VI
FARMERS’ RIGHTS
66.
Claim for compensation under section 39 -
(1)
Any farmer, group of farmers or the organisation of the farmers may make
an application, under sub-section (2) of section 39, to the Authority to claim
compensation.
(2)
Every application under sub-rule (1) shall be in Form
PV-25 of the First Schedule.
(1)
The Authority shall give notice to the registered
breeder about the compensation claim received in respect of the registered
variety.
(2)
After receiving a notice from the Authority under
sub-rule (1), the registered breeder may, within three months from the date of
receipt of such notice, file notice of opposition in Form PV-26 of the First
Schedule.
(3)
In the eventuality of the breeder failing or defaulting
to tender his opposition, within a period of three months, from the date of
receipt of the notice for compensation, it shall be presumed that he has no
opposition to such claim and accordingly such claim shall be decided.
(4)
The Authority shall, upon receiving opposition from the
breeder give opportunity to both the parties of being heard and may direct the
breeder to pay such compensation to the farmer, the group of farmers or the
organisation of the farmers, as the case may be as it deems fit..
68.
Issue of notice under section 41 -
(1)
On receiving the report from the centre notified under
sub-section (1) of section 41, in respect of claims filed by a person or group
of persons or
(2) Upon receiving the notice from the Authority, the
registered breeder or his assignee or registered agent may file objection to the
claim for compensation within three months in Form PV-27 of the First
Schedule.
(3) The Authority, upon receiving objection from the
registered breeder or his assignee or registered agent, shall give opportunity
of being heard to both the parties and after deciding on the eligibility for and
quantum of compensation shall, direct, the breeder to pay compensation to the
person, the group of persons or governmental or non- governmental organisation
which has made the claim under sub-section (1) of section 41 and deposit the
requisite funds within a period of two months with the Gene Fund .
69.
Manner of receiving benefit sharing under section 45
-
The breeder of a variety or essentially derived variety shall
deposit the amount of benefit sharing, as required under sub-section (6) of
section 26, with the Gene Fund.
70.
Manner of applying the Gene Fund under section 45: -
(1) The Authority shall pay the amount of benefit sharing, compensation
required for use of genetic material towards evolution of new and essentially
derived variety, to meet expenditure incurred for conservation and sustainable
use of genetic resources and for
the framing of schemes related to benefit sharing.
(2) The Gene Fund shall be applied for meeting the following purposes in accordance with the priority made hereunder :-
(a) to support and reward farmers, community of farmers, particularly the tribal and rural communities engaged in conservation, improvement and preservation of genetic resources of economic plants and their wild relatives, particularly in areas identified as agro-biodiversity hot spots;
(b) for capacity building on ex situ conservation at the level of the local body, particularly in regions identified as agro-biodiversity hot spots and for supporting in-situ conservation;
(c) on benefit sharing and compensation in accordance with sub-section (5) of section 26 and sub-section (3) of section 41; and
(d) on transaction cost of administering the Gene Fund.