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Energy Conservation Act 2001 Chapter V

Title: Power of Central Government to Facilitate and Enforce Efficient Use of Energy and Its Conservation

State: Central

Year: 2001

..... (b) Specify equipment or appliance or class of equipments or appliances, as the case may he, for the purposes of this Act; (c) Prohibit manufacture or sale or purchase or import of equipment or appliance specified under clause (b), unless such equipment or appliance conforms to energy consumption standards: Provided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within two years from the date of notification issued under clause (a) of this section; (d) Direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations; (e) Specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, any user or class of users of energy as a designated consumer for the purposes of this Act; (f) Alter the list of Energy Intensive Industries specified in the Schedule; (g) Establish and prescribe such.....

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Energy Conservation Act 2001 Section 14

Title: Power of Central Government to Enforce Efficient Use of Energy and Its Conservation

State: Central

Year: 2001

..... (b) Specify equipment or appliance or class of equipments or appliances, as the case may he, for the purposes of this Act; (c) Prohibit manufacture or sale or purchase or import of equipment or appliance specified under clause (b), unless such equipment or appliance conforms to energy consumption standards: Provided that no notification prohibiting manufacture or sale or purchase or import of equipment or appliance shall be issued within two years from the date of notification issued under clause (a) of this section; (d) Direct display of such particulars on label on equipment or on appliance specified under clause (b) and in such manner as may be specified by regulations; (e) Specify, having regard to the intensity or quantity of energy consumed and the amount of investment required for switching over to energy efficient equipments and capacity of industry to invest in it and availability of the energy efficient machinery and equipment required by the industry, any user or class of users of energy as a designated consumer for the purposes of this Act; (f) Alter the list of Energy Intensive Industries specified in the Schedule; (g) Establish and prescribe such.....

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PROTECTION OF PLANT VARIETIES AND FARMERS-RIGHTS ACT, 2001 Chapter II

Title: PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHT AUTHORITY AND REGISTRY

State: Central

Year: 2001

.....to be appointed by the Central Government, shall be a person of outstanding calibre and eminence, with long practical experience to the satisfaction of that Government especially in the field of plant varietal research or agricultural development, (b) The members of the Authority, to be appointed by the Central Government, shall be as follows, namely:-- (i) the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; (ii) the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex officio; (iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; (iv) the Horticulture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio: (v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio; (vi) one member not below the rank of Joint Secretary to the Government of India to represent the Department of Bio-technology, Government of India, ex officio; (vii) one member not below the rank of Joint Secretary to the Government.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 8

Title: General Functions of Authority

State: Central

Year: 2001

.....to the generality of the foregoing provisions, the measures referred to in sub-section (1) may provide for-- (a) the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed; (b) developing characterisation and documentation of varieties registered under this Act; (c) documentation, indexing and cataloguing of farmers' varieties; (d) compulsory cataloguing facilities for all varieties of plants; (e) ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed; (f) collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in India or in any other country, for compilation and publication; (g) ensuring the maintenance of the Register.

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Protection of Plant Varieties and Farmers-rights Act, 2001 Chapter III

Title: Registration of Plant Varieties and Essentially Derived Variety

State: Central

Year: 2001

.....contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act, Section 18 - Form of application (1) Every application for registration under section 14 shall-- (a) be with respect to a variety; (b) state the denomination assigned to such variety by the applicant; (c) be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology; (d) be in such form as may be specified by regulations; (e) contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; .....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 17

Title: Compulsory Variety Denomination

State: Central

Year: 2001

(1) Every applicant shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act in accordance with the regulations. (2) The Authority shall, having regard to the provisions of any international convention or treaty to which India has become a party, make regulations governing the assignment of denomination to a variety. (3) Where the denomination assigned to the variety does not satisfy the requirements specified in the regulations, the Registrar may require the applicant to propose another denomination within such time as may be specified by such regulations. (4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act,

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 18

Title: Form of Application

State: Central

Year: 2001

.....in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; (h) contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and (i) be accompanied by such other particulars as may be prescribed: Provided that in case where the application is for the registration of farmers' variety, nothing contained in clauses (b) to (i) shall apply in respect of the application and the application shall be in such form as may be prescribed. (2) Every application referred to in sub-section (1) shall be filed in the office of the Registrar. (3) Where such application is made by virtue of a succession or an assignment of the, right to apply for registration, there shall be furnished at the time of making the application, or within such period after making (he application as may be prescribed, a proof of the right to make the application.

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 20

Title: Acceptance of Application or Amendment Thereof

State: Central

Year: 2001

(1) On receipt of an application under section 14, the Registrar may, after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit. (2) Where the Registrar is satisfied that the application does not comply with the requirements of this Act or any rules or regulations made thereunder, he may, either -- (a) require the applicant to amend the application to his satisfaction; or (b) reject the application: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of presenting his case.

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 21

Title: Advertisement of Applecation

State: Central

Year: 2001

.....notice in writing in the prescribed manner, to the Registrar of his opposition to the registration. (3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely: -- (a) that the person opposing the application is entitled to the breeder's right as against the applicant; or (b) that the variety is not registrable under this Act; or (c) that the grant of certificate of registration may not be in public interest; or (d) that the variety may have adverse effect on the environment. (4) The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application. (5) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition. (6) Any evidence upon which the opponent and the applicant may rely shall be submitted, in the.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Chapter IV

Title: Duration and Effect of Registration and Benefit Sharing

State: Central

Year: 2001

.....of application for registration and decision taken by the Authority on such application. (6) The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed,-- (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966; and (iii) in other cases, fifteen years from the date of registration of the variety. Section 25 - Publication of list of varieties The Authority shall, within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval. Section 26 - Determination of benefit sharing by Authority (1) On receipt of copy of the certificate of registration under sub-section (8).....

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