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THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001

Title : THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001

Year : 2001



Notwithstanding anything contained in this Act, the Authority or the Registrar shall-

(a) Not disclose any information relating to the registration of a variety or any application relating to the registration of a variety under this Act, which it considers prejudicial to the interest of the security of India; and

(b) Take any action regarding the cancellation of registration of such varieties registered under this Act which the Central Government may by notification in the Official Gazette specify in the interest of the security of India.

Explanation
.-For the purposes of this section, the expression "security of India" means any action necessary for     the security of India which relates to the use of any produce of any variety registered under this Act directly or indirectly for the purposes of war or military establishment or for the purposes of war or other emergency in international relations.



Where a denomination of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act has been applied to the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, on sale or in the contract for sale of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, the seller shall be deemed to warrant that the denomination is a genuine denomination and not falsely applied, unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of the variety or its propagating material or essentially derived variety or its propagating material, as the case may be, or contract to and accepted by the buyer.



If a person who is a party to a proceeding under this Act (not being a proceeding in a court) dies pending the proceeding, the Authority or the Registrar, as the case may be, may, on request, and on proof to the satisfaction of such Authority or Registrar, of the transmission of the interest of the deceased person, substitute in the proceedings his successor in interest in his place, or, if the Authority or the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving party, permit the proceedings to continue without the substitution of his successor in interest.



The registered agent or the registered licensee of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act may institute appropriate proceedings in the court under this Act on behalf of the breeder of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, if such agent or licensee has been authorised in the prescribed manner by such breeder for doing so.



(1) A copy of any entry in the Register, or of any document issued under this Act purporting to be certified by the Authority or the Registrar and sealed with the seal of such Authority or Registrar, as the case may be, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original.

(2) A certificate purporting to be under the hand of the Authority or the Registrar, as the case may be, as to any entry, matter or things that such Authority or Registrar is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the content thereof, or of the matter or things having been done or not done.



The Authority or the Registrar or any officer working under the Authority or the Registrar, as the case may be, shall not, in any legal proceedings, be compelled to produce the Register or any other document in its or his custody, the content of which can be proved by the production of a certified copy issued under this Act in the prescribed manner or to appear as a witness to prove the matter therein recorded unless by order of the court made for special cause.



Any person may, on an application to the Authority or the Registrar, as the case may be, and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the Register or any other document in any proceedings under this Act pending before such Authority 01 Registrar or may inspect such entry or document.



The Central Government shall cause to be placed before both Houses of Parliament once a year a report regarding the performance of the Authority under this Act.



The provisions of this Act shall be binding on the Government.



All proceedings before the Authority or the Registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code and the Authority or the Registrar, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).



No suit, prosecution or other legal proceeding shall lie against the Central Government, or against the Chairperson, or members, or the Registrar or any person acting under such Government, Authority or Registrar under the provisions of this Act, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation, scheme or order made there under.



No civil court shall have jurisdiction in respect of any matter which the Authority or the Registrar or the Tribunal is empowered by or under this Act to determine.



The Chairperson, members, officers and other employees of the Authority and the Registrar-General and the officers and other employees working under him shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.



Notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to pay wealth-tax, income-tax or any other tax in respect of its wealth, income, profits or gains derived.



The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.



The Central Government may give directions to the Authority as it may think necessary in the public interest for the execution of all or any of the functions of the Authority under any provision of this Act or rules and regulations made there under.



(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:

Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid before each House of Parliament.



(1) The Authority may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made there under to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for alt or any of the following matters, namely:-

(a) Duties and jurisdiction of the Registrars under sub-section (4) of section 12;

(b) The term of office and the conditions of service of the Registrars under sub-section (5) of section 12;

(c) The criteria of distinctiveness, uniformity and stability for registration of extant variety under sub-section (2) of section 15;

(d) The manner in which a single and distinct denomination to a variety shall be assigned by the applicant under sub-section (7) of section 17;

(e) The matters governing the assignment of denomination to a variety under sub-section (2) of section 17;

(f) The time within which the Registrar may require the applicant to propose another denomination under sub-section (3) of section 17;

(g) The form of application under clause (d) of sub-section (1) of section 18;

(h) The standards for evaluating seed during tests under sub-section (1) of section 19;

(i) The quantity of seeds or propagating material including parental line seeds to be deposited by a breeder and the time to be specified under sub-section (1) of section 27;

(j) The limitations and conditions subject to which a breeder may authorise a person to produce, sell, market or otherwise deal with variety under sub-section (2) of section 28;

(k) The form for authorisation under sub-section (3) of section 28.



(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(i) The term of office of the Chairperson and the manner of filling the post under sub-section (6) of section 3;

(ii) The salary and allowances of the Chairperson and his conditions of service in respect of leave, pension, provident fund and other matters and the allowances for non-official members for attending the meeting under sub-section (8) of section 3;

(iii) The time and place of meetings of the Authority and the rules of procedure in regard to the transaction of business at its meetings [including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3] under sub-section (1) of section 4;

(iv) The control and restriction regarding appointment of the officers and other employees of the Authority and the method of such appointment, salary and allowances and other conditions of service under section 6;

(v) The powers and duties of the Chairperson under section 7;

(vi) The terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of section 8 may provide for the registration of new extant varieties under clause (a) of sub-section (2) of that section;

(vii) The manner for arranging production and sale of the seed under clause (e) of sub-section (2) of section 8;

(viii) The orders by the Authority or the Registrar as to costs under clause (b) of section 11;

(ix) The salary and allowances of Registrar-General of Plant Varieties and the conditions of service in respect of his leave, pension, provident fund and other matters under sub-section (3) of section 12;

(x) The matters to be included in the National Register of Plant Varieties under sub-section (1) of section 13;

(xi) The manner of authorising a person finder clause (e) of sub-section (V) of section 16;

(xii) The fees under clause (g) and the other particulars under clause (i) which shall accompany the application under sub-section (1) of section 18;

(xiii) The form of application under the proviso to sub-section (1) of section 18;

(xiv) The period within which after making application a proof of the right to make the application is to be furnished under sub-section (3) of section 18;

(xv) The fees to be deposited by the applicant under sub-section (2) of section 19;

(xvi) The manner and method of conducting the tests under sub-section (3) of section 19;

(xvii) The manner of advertising application, conditions or limitations and specifications of variety for registration including its photographs or drawings under sub-section (1) of section 21;

(xviii) The manner of giving notice and the fees payable therefor under sub-section (2) of section 21;

(xix) The manner of sending counter-statement under sub-section (4) of section 21;

(xx) The manner of submitting evidence and the time within which such evidence may be submitted under sub-section (6) of section 21;

(xxi) The documents and fees under sub-section (1) and the tests to be conducted and the procedure to be followed under sub-section (3) of section 23;

(xxii) The form of a certificate of registration and the other authority to which a copy thereof shall be sent under sub-section (8) of section 23;

(xxiii) The form of a certificate of registration and the other authority to which a copy thereof and the maximum time for issuing the certificate of registration under sub-section (2) of section 24;

(xxiv) The manner of giving notice to the applicant under sub-section (3) of section 24;

(xxv) The fees for review and renewal under sub-section (6) of section 24;

(xxvi) The contents of the certificate and the manner of publishing such contents and inviting claim of benefits sharing under sub-section (1) of section 26;

(xxvii) The form for submitting claims of benefit sharing and the fees to be accompanied therewith under sub-section (2) of section 26;

(xxviii) The manner in which and the time within which opposition to claims shall be submitted under sub-section (3) of section 26;

(xxix) The manner of making reference under sub-section (7) of section 26;

(xxx) The manner of making an application for registration for title and the fees to be accompanied therewith under sub-section (4) of section 28;

(xxxi) The manner of referring the disputes regarding registration of entitlement under the proviso to sub-section (4) of section 28;

(xxxii) The manner to enter into a certificate the brief conditions of entitlement under sub-section (5) of section 28;

(xxxiii) The manner of making an application for varying the terms of registration under clause (a) of sub-section (9) of section 28;

(xxxiv) The manner of making an application by the registered breeder and certain other for cancellation of terms of registration under clause (b) of sub-section (9) of section 28;

(xxxv) The manner of application by any person other than the breeder, his successor, the registered agent or the registered licensee for cancellation of terms of registration under clause (c) of sub-section (9) of section 28;

(xxxvi) The manner of application for cancellation of the terms of registration under clause (d) of sub-section (9) of section 28;

(xxxvii) The manner of application for cancellation of the terms of registration under clause (e) of sub-section (9) of section 28;

(xxxviii) The manner of issuing notice to the registered breeder of a variety or his successor or to each registered agent or registered licensee (not being the applicant) under sub-section (10) of section 28;

(xxxix) The manner of giving notice to the Registrar under sub-section (1) of section 33;

(xl) The manner of notifying to the registered agent or registered licensee under sub-section (2) of section 33;

(xli) The period within which the notice of opposition under sub-section (3) of section 33 may be given;

(xlii) The manner of making application under section 34;

(xliii) The manner of depositing fee under sub-section (2) of section 35;

(xliv) The manner of making application under sub-section (1) of section 36;

(xlv) The manner of applying to the Registrar under sub-section (2) of section 36; (xlvi) the manner of giving notice under sub-section (4) of section 36;

(xlvii) The manner of application under sub-section (1) of section 37;

(xlviii) The manner of making application under sub-section (2) of section 37;

(xlix) The manner to apply to the Registrar under sub-section (7) of section 38;

(l) The manner of advertising application and to give notice to the Registrar, and the time from the date of the advertisement within which a person may give such notice under sub-section (2) of section 38;

(l) The manner of advertising the denomination of the variety under sub-section (3) of section 38;

(lii) The manner of recognition and reward from Gene Fund under clause (iii) of sub-section (1) of section 39;

(liii) The manner of claiming compensation and filing of opposition under sub-section (2) of section 39;

(liv) The manner of issuing notice and filing objection under sub-section (3) of section 41;

(lv) The manner of receiving benefit sharing under clause (a) of sub-section (1) of section 45;

(lvi) The manner of applying Gene Fund under sub-section (2) of section 45;

(lvii) The particulars to be contained in the application under sub-section (2) of section 47;

(lviii) The authority and the manner in which such authority shall make available to the compulsory licensee the reproduction material of the variety under section 50;

(lix) The form for making application under sub-section (1) of section 52;

(lx) The period within which an appeal shall be preferred under sub-section (1) of section 56;

(lxi) The form of petition and the particulars which such petition shall contain under sub-section (2) of section 56;

(lxii) The form for preparing annual statement to accounts under sub- section (1) of section 62;

(lxiii) The financial and administrative powers which the Chairperson shall exercise under section 63;

(lxiv) The manner of using the denomination of a variety under sub-section (1) of section 68;

(lxv) The manner of authorising registered agent or registered licensee under section 81;

(lxvi) The manner of issuing certified copy of content of Register or any other document under section 83;

(lxvii) The fees payable for obtaining a certified copy of, or to inspect, any entry in the Register or any other document under section 84;

(lxviii) Any other matter which is to be, or may be, prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act.



Every rule and every regulation and every scheme made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or scheme or both Houses agree that the rule or regulation or scheme should not be made, the rule or regulation or scheme shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or scheme.
Last updated on August, 2016

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