Section 41: The Rights of Communities

In one line

A village can be paid for having evolved a variety, and anybody at all may file the claim on its behalf.

In exam wording: section 41 of the Protection of Plant Varieties and Farmers' Rights Act 2001 provides that any person or 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 by the Authority with the previous approval of the Central Government any claim attributable to the contribution of the people of that village or local community in the evolution of any variety, for the purpose of staking a claim on behalf of that village or local community; the centre verifies the claim as it deems fit and, if satisfied that the village or local community has contributed significantly to the evolution of a variety registered under the Act, reports its findings to the Authority; the Authority, if satisfied after such inquiry as it deems fit that the variety is registered, issues notice to the breeder, gives him an opportunity to file objection and to be heard, and may, subject to any limit notified by the Central Government, by order grant such sum of compensation as it deems fit; the compensation is deposited by the breeder in the Gene Fund; and it is deemed to be an arrear of land revenue, recoverable by the Authority accordingly; and section 46 provides for the Authority's powers in such matters.

Who may claim, and for whom

Who may file. Any person or group of persons whether actively engaged in farming or not, or any governmental or non-governmental organisation.

On whose behalf. Any village or local community in India.

Read those two together. The claimant need not be a member of the community, need not be a farmer, and need not have any interest of his own. He acts on behalf of the village. This is a statutory form of representative standing, and it exists because a village is not a legal person and cannot sue.

What is claimed. Any claim attributable to the contribution of the people of that village or local community in the evolution of any variety.

Where. In any centre notified by the Authority in the Official Gazette, with the previous approval of the Central Government.

The four steps

Step one: the claim. Filed at the notified centre by any person or organisation on behalf of the village.

Step two: verification. The centre verifies the claim in such manner as it deems fit, and if satisfied that the village or local community has contributed significantly to the evolution of the variety which has been registered under this Act, reports its findings to the Authority.