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Home Bare Acts Phrase: planted developmentProtection 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.....
View Complete Act List Judgments citing this sectionPROTECTION 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.....
View Complete Act List Judgments citing this sectionMarine Products Export Development Authority Act, 1972 Chapter II
Title: Marine Products Export Development Authority
State: Central
Year: 1972
.....exercise such of the powers and perform such of the functions of the Chairman as may be prescribed or as may be delegated to him by the Chairman. Section 5 - Acts or proceedings of Authority or its Committees not to be invalidated No act or proceeding of the Authority or any Committee appointed by it under section 8, shall be invalidated merely by reason of-- (a) any vacancy in, or any defect in the constitution of, the Authority or such Committee; or (b) any defect in the appointment of a person acting as a member of the Authority or such Committee; or (c) any irregularity in the procedure of the Authority or such Committee not affecting the merits of the case. Section 6 - Salary and allowances of Chairman The Chairman shall be entitled to such salary and allowances and such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government. Section 7 - Executive Officers of the Authority and other staff (1) The Central Government shall appoint a Director of Marine Products Export Development to exercise such powers and perform such duties under the Chairman as may be prescribed or.....
View Complete Act List Judgments citing this sectionAssam 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:--
View Complete Act List Judgments citing this sectionOil Industry Development Act 1974 Chapter II
Title: The Oil Industry Development Board
State: Central
Year: 1974
.....for production, handling, storage and transport of crude oil; (c) refining and marketing of petroleum and petroleum products; (d) the manufacture and marketing of petro-chemicals and fertilisers; (e) scientific technological and economic research which could be directly or indirectly, useful to oil industry; (f) experimental or pilot studies in any field of oil industry; (g) training of personnel, whether in India or outside, engaged or to be engaged in any field of oil industry; and such other measures as may be prescribed. (4) The Board may charge such fees or receive such commission as it may deem appropriate for any services rendered by it in the exercise of its functions. (5) The Board may transfer for consideration any instrument relating to loans or advances granted by it to any oil industrial concern or other person. (6) The Board may do all such things as may be incidental to or consequential upon the discharge of its functions under this Act. Section 6 - Functions of the Board (1) Subject to the provisions of this Act and the rules made there under, the Board shall render, in such manner, to such extent and on such terms and conditions as it.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter VIII
Title: Plant Varieties Protection Appellate Tribunal
State: Central
Year: 2001
.....in disposing of an appeal under this section shall have the power to make any order which the Authority or the Registrar could make under this Act. Section 57 - Orders of Tribunal (1) The Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. (2) The Tribunal may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party. (3) In every appeal, the Tribunal may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal. (4) The Tribunal shall send a copy of any order passed under this section to the Registrar. (5) The orders of the Tribunal under this Act shall be executable as a decree of a civil court. Section 58 - Procedure of Tribunal (1) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman of the Tribunal from among the Members thereof. (2) A.....
View Complete Act List Judgments citing this sectionIndustrial Development Bank of India Act, 1964 [Repealed] Repealing Act 1
Title: The Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003
State: Central
Year: 1964
.....shall be substituted, namely: '(h) "industrial concern in the small scale sector" means any concern engaged or to be engaged in, (i) the manufacture, preservation or processing of goods; (ii) shipping; (iii) mining including development of mines; (iv) the hotel industry; (v) the transport of passengers or goods by road or by water or by air or by ropeway or by lift; (vi) the generation, storage or distribution of electricity or any other form of energy; (vii) the maintenance, repair, testing or servicing of machinery or equipment of any description or vehicles or vessels or motor boats or trailers or tractors; (viii) assembling, repairing or packing any article with the aid of machinery or power; (ix) the setting up of, or development of, an industrial area or an industrial estate; (x) fishing or providing shore facilities for fishing or maintenance thereof; (xi) providing special or technical knowledge or other services for the promotion of industrial growth; (xii) providing engineering, technical, financial, management, marketing or other services or facilities for industry; (xiii) service industry such as altering, ornamenting, polishing,.....
View Complete Act List Judgments citing this sectionMarine Products Export Development Authority Act, 1972 Section 11
Title: Registration of Fishing Vessel, Processing Plant, Etc.
State: Central
Year: 1972
(1) Every owner of a fishing vessel, processing plant or storage premises for marine products or conveyance used for the transport of marine products shall, before the expiration of one month from the date on which he first became owner of such fishing vessel, processing plant, storage premises or conveyance, or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority for registration under this Act of every such fishing vessel, processing plant, storage premises, or conveyance owned by him : Provided that the Authority may, for sufficient reason, extend the time-limit for registration by such period as it thinks fit. (2) Registration once made shall continue to be in force until it is cancelled by the Authority.
View Complete Act List Judgments citing this sectionAgricultural and Processed Food Products Export Development Authority Act, 1985 Chapter II
Title: Agricultural and Processed Food Products Export Development Authority
State: Central
Year: 1985
..... (g) the promotion of export oriented production and development of the Scheduled products ; (h) the collection of statistics from. the owners of factories or establishments engaged in the production, processing, packaging, marketing or export of the Scheduled products or from such other persons as may be prescribed on any matter relating to the Scheduled products; and the publication of the statistics so collected, or of any portions thereof or extracts there from; (i) the training in various aspects of the industries connected with the Scheduled products; (j) such other matters as may be prescribed. 1[10A. Functions in respect of Special products, etc.- Without prejudice to any law for the time being in force, it shall be the duty of the Authority to undertake, by such measures as may be prescribed by the Central Government for registration and protection of the Intellectual Property rights in respect of Special products in India or outside India. Explanation.-- For the purpose of this section "Intellectual Property" means any right to intangible property, namely, trade marks, designs, patents, geographical indications or any other similar intangible property, under.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter III
Title: Registration of Plant Varieties and Essentially Derived Variety
State: Central
Year: 2001
.....that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: Provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety; (b) distinct, if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application. Explanation.-- For the removal of doubts, it is hereby declared that the filing of an application for the granting of a beerder's right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeder's right or to the entry of such variety in such official register, as the case may be; (c) uniform, if subject to the variation that may be expected from the.....
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