Bare Act Search Results

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.

Constitution of India Article 25

Title: Freedom of Conscience and Free Profession, Practice and Propagation of Religion

State: Central

Year: 1950

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law (a) regulating or restricting any economic, financial, political or other secular activity which maybe associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Explanation I.The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Explanation II.In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

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

Title: Infringement, Offences, Penalties and Procedure

State: Central

Year: 2001

.....74 - No offence in certain cases The provisions of this Act relating to offences shall be subject to the right created as recognised by this Act and no act or omission shall be deemed to be an offence under the provisions of this Act if such act or omission is permissible under this Act. Section 75 - Exemption of certain persons employed in ordinary course of business Where a person accused of an offence under this Act proves that in the ordinary course of his employment, he has acted without any intention to commit the offence and having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the offence was committed, he shall be acquitted. Section 76 - Procedure where invalidity of registration is pleaded by the accused (1) Where the offence charged under this Act is in relation to a variety or its propagating material or essentially derived variety or its propagating.....

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

Title: Miscellaneous

State: Central

Year: 2001

.....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 thereunder. Section 94 - Power to remove difficulties (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. Section 95 - Power to make regulations (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 thereunder 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.....

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

Title: Compulsory Licence

State: Central

Year: 2001

.....sub-section (1) shall contain a statement of the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based. (3) The Authority, after consultation with the Central Government, and if satisfied after giving an opportunity to the breeder of such variety to file opposition and after hearing the parties, on the issue that the reasonable requirements of the public with respect to the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price, may order such breeder to grant a licence in the applicant upon such terms and conditions as it may deem fit and send a copy of such order to the Registrar to register the title of such applicant as licensee under sub-section (4) of section 28 on payment of such fees by the applicant as is referred to in that sub-section. Section 48 - When requirement public deemed to have not bee satisfied In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in sub-section (1) or sub-section.....

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

Title: Preliminary

State: Central

Year: 2001

.....the context otherwise requires,-- (a) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (b) "benefit sharing", in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) "breeder" means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) "Chairman" means the Chairman of the Tribunal; (e) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3, (f) "convention country" means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders' right to the citizens of both the countries; (g).....

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 2

Title: Definitions

State: Central

Year: 2001

.....the context otherwise requires,-- (a) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (b) "benefit sharing", in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) "breeder" means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) "Chairman" means the Chairman of the Tribunal; (e) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3, (f) "convention country" means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders' right to the citizens of both the countries; (g).....

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 72

Title: Penalty for Falsely Representing (25 of 1961) Variety as Registered

State: Central

Year: 2001

Whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating material not being variety or its propagating material or essentially derived variety or its propagating material registered under this Act, to the effect that it is a variety or its propagating material or essentially derived variety or its propagating material registered under this Act or otherwise represents any variety, or its propagating material, or essentially derived variety or its propagating material not registered under this Act to the effect that it is registered under this Act shall be punishable with imprisonment for a term, which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both.

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 79

Title: Implied Warranty on Sale of Registered Variety, Etc.

State: Central

Year: 2001

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.

The Orissa Fruit Nurseries (Regulation) Act, 1997 Complete Act

State: Orissa

Year: 1997

..... 16. Penalties. (1) If any person contravenes, or attempts to contravene, or abets the contraventions of, any of the provisions of this Act or rules he shall, on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with fine. (2) Whoever, after conviction under sub-section (1), continues the contravention, he shall, on conviction, be punishable with fine which may extend to one hundred rupees for everyday, after the first day, during which such contravention continued. 17. Offence by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:- Provided that nothing contained in this section shall tender any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he had exercised all cue.....