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Search Results on rules for query: "Protection of Plant Varieties and Farmers Rights (Community Award from the Gene Fund) Rules, 2018."

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2018-04-24

Protection Of Plant Varieties And Farmers Rights (community Award From The Gene Fund) Rules, 2018.

Related Act Details

Act Short Title:	The Protection of Plant Varieties and Farmers Rights Act, 2001
Act ID:	200153
Act Number:	53
Enactment Date:	2001-10-30
Act Year:	2001
Long Title:	An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
Enforcement Date:	11-11-2005
Act Detail File

Related Section(s)

Section 1 : Short title, extend and commencement.

(1) This Act may be called the Protection of Plant Varieties and Farmers Rights Act, 2001.

(2) It extends to the whole of India.

(3) It shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

1. 11th November, 2005, ss. 2 to 13 (both inclusive) and ss. 95, 96 and 97, vide notification No. S.O. 1588(E), dated 11th November, 2005, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

19th October, 2006, s. 1 and ss. 14 to 94 (both inclusive) vide notification No. S.O. 1797(E), dated 19th October, 2006, see Gazette of India Extraordinary, Part II, sec. 3(ii).

Section 96 : Power of Central Government to make rules.

(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 under clause (e) of sub-section (1) 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 fees 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 (1) 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;

(li) 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 of 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.

Section 39 : Farmers’ rights.

(1) Notwithstanding anything contained in this Act,-

(i) a farmer who has bred or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this Act;

(ii) the farmers' variety shall be entitled for registration if the application contains declarations as specified in clause (h) of sub-section (1) of section 18;

(iii) a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund:

Provided that material so selected and preserved has been used as donors of genes in varieties registrable under this Act;

(iv) a farmer shall be deemed to be entitled to save, use, sow resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act:

Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act.

Explanation.--For the purpose of clause (iv), "branded seed" means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this Act.

(2) Where any propagating material of a variety registered under this Act has been sold to a farmer or a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer or the group of farmers or the organisation of farmers, as the case may be, the expected performance under given conditions, and if such propagating material fails to provide such performance under such given conditions, the farmer or the group of farmers or the organisation of farmers, the case may be, may claim compensation in the prescribed manner before the Authority and the Authority, after giving notice to the breeder of the variety and after providing him an opportunity to file opposition in the prescribed manner and after hearing the parties, may direct the breeder of the variety to pay such compensation as it deems fit, to the farmer or the group of farmers or the organisation of farmers, as the case may be.