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Protection of Plant Varieties and Farmers-rights Act, 2001 Preamble 1

Title: Protection of Plant Varieties and Farmers-rights Act, 2001

State: Central

Year: 2001

THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 [Act No. 53 of 2001] [30th October, 2001] PREAMBLE 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. WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties; AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant breeders' rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties; AND WHEREAS such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers; AND WHEREAS, to give effect to the aforesaid objectives, it is necessary to undertake measures for the protection of the rights of farmers and plant breeders; AND WHEREAS.....

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Maharashtra Fruit Nurseries and Sale of Fruit Plants (Regulation) Act, 1969 Complete Act

State: Maharashtra

Year: 1969

.....to vest power of revision in the State Government. 7. Clause 14.- This clause prescribes the penalties for contravention of the provisions of the Act or the rules made thereunder or for obstruction of the officers in the discharge of their duties. The person on conviction will be punished with fine which may extend to one thousand rupees. 8. Clause 20.- This clause would when necessary enable Government to delegate any of its powers or duties (except the power to make rules) to any officer or authority subordinate to it. MAHARASHTRA GOVERNMENT GAZETTE, 29th July, 1995 The Maharashtra Fruit Nurseries (Regulation) Act, 1969 has been enacted by the Government of Maharashtra to provide for licensing and regulation of fruit nurseries in the State so as to ensure the supply of genuine pedigree plants to the growers. 2. It has been brought to the notice of the Government that besides the fruit nurseries some persons are engaged in the business of only sale of fruit plants. They are selling fruit plants prepared indiscriminately, without taking into consideration the necessity of selection of proper rootstock and scions, thereby practically defeating the very purpose of this Act......

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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 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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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 60

Title: Liability of Illicit Drugs, Substances, Plants, Articles and Conveyances to Confiscation

State: Central

Year: 1985

.....substance2[or controlled substances] lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance2[or controlled substances] which is liable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance2[or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance2[or controlled substance], or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. .....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 13

Title: National Register of Plant Varieties

State: Central

Year: 2001

(1) For the purposes of this Act, a Register called the National Register of Plant Varieties shall be kept al the head office of the Registry, wherein shall be entered the names of all the registered plant varieties with the names and addresses of their respective breeders, the right of such breeders in respect of the registered varieties, the particulars of the denomination of each registered variety, its seed or other propagating material along with specification of salient features thereof and such other matters as may be prescribed. (2) Subject to the superintendence and direction of the Central Government, the Register shall be kept under the control and management of the Authority. (3) There shall be kept at each branch office of the Registry a copy of the Register and such other documents as the Central Government may, by notification in the Official Gazette, direct.

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Protection of Plant Varieties and Farmers-rights Act, 2001 Complete Act

Title: Protection of Plant Varieties and Farmers-rights Act, 2001

State: Central

Year: 2001

.....open to public inspection Section85 - Report of Authority to be placed before Parliament Section86 - Government to be bound Section87 - Proceedings before Authority or Registrar Section88 - Protection of action taken in good faith Section89 - Bar of jurisdiction Section90 - Members and staff of Authority, etc., to be public servants Section91 - Exemption from tax on wealth and income Section92 - Act to have overriding effect Section93 - Power of Central Government to give directions Section94 - Power to remove difficulties Section95 - Power to make regulations Section96 - Power of Central Government to make rules Section97 - Rules, regulations and schemes to be laid before Parliament

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 27

Title: Breeder to Deposit Seeds or Propagating Material

State: Central

Year: 2001

(1) The breeder shall be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the National Gene Bank as may be specified in the regulations for reproduction purpose at the breeder's expense within such time as may be specified in that regulation. (2) The seeds or propagating material 01 parental line seeds to be deposited under subsection (1) shall be deposited to the National Gene Bank specified by the Authority.

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Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976 Chapter II

Title: Acquisition of the Refractory Plant

State: Central

Year: 1976

.....Central Government may take or cause to be taken all necessary steps for securing possession of the Refractory Plant which has vested in it under section 3. Section 7 - Duty to furnish particulars The Company shall, within such period as the Central Government may allow in this behalf, furnish to that Government a complete inventory of all the properties and assets of the Company as on the appointed day, pertaining to the Refractory Plant which has vested in the Central Government under section 3, and for this purpose the Central Government or the Government company shall afford the Company all reasonable facilities. Section 8 - Company to be liable for certain prior liabilities (1) Every liability, other than the liability specified in sub-section (2), of the Company in relation to the Refractory Plant in respect of any period prior to the appointed day, shall be the liability of the Company and shall be enforceable against it and not against the Central Government or the Government company. (2) Any liability in respect of-- (a) the amounts advanced to the Company (after the management of the Refractory Plant had been taken over by the Central Government) by the.....

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Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976 Preamble 1

Title: Assam Sillimanite Limited (Acquisition and Transfer of Refractory Plant) Act, 1976

State: Central

Year: 1976

.....and other difficulties, and the pilot Refractory Plant, which was constructed by the said company, has been closed: AND whereas special type of refractories, including high alumina refractories, needed by the iron and steel industry may be manufactured at the Refractory Plant of the Assam Sillimanite Limited and such manufacture will enable the country to progressively reduce the import of such special type of refractories; AND whereas for the purpose of speedily bringing the Refractory Plant of the. Assam Sillimanite Limited into operation, the management of the said Refractory Plant was taken over, for a limited period by the Central Government under section 18AA of the Industries (Development and Regulation) Act, 1951; AND whereas for the purpose of augmenting the supplies of refractories to meet the essential requirements of the iron and steel industry, it is necessary to acquire the right, title and interest of the Assam Sillimanite Limited in respect of its Refractory Plant; BE it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:--

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