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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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Jute Packing Materials Compulsory Use in Packing Commodities Act, 1987 Section 5

Title: Prohibition of Packing in Any Material Other Than the Jute Packaging Material

State: Central

Year: 1987

Where an order has been made under section 3 requiring any commodity, class of commodities or any percentage thereof to be packed in jute packaging material for their supply or distribution, such commodity, class of commodities or percentage thereof shall not, on and from the date specified in such order, be supplied or distributed unless the same is packed in accordance with that order: Provided that nothing in this section shall apply to the supply or distribution of any commodity, class of commodities or percentage thereof for a period of three months from the aforesaid date if immediately before that date such commodity, class of commodities or percentage thereof, were being packed in any material other than jute packaging material.

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Jute Packing Materials Compulsory Use in Packing Commodities Act, 1987 Complete Act

Title: Jute Packing Materials Compulsory Use in Packing Commodities Act, 1987

State: Central

Year: 1987

Preamble1 - JUTE PACKING MATERIALS COMPULSORY USE IN PACKING COMMODITIES ACT, 1987 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Power to specify commodities which are required to be packed in jute packaging material Section4 - Constitution of Standing Advisory Committee Section5 - Prohibition of packing in any material other than the jute packaging material Section6 - Power to call for information and samples Section7 - Power to enter and inspect Section8 - Power to search and seize Section9 - Penalty for contravention of section 5 Section10 - Penalty for false statement, etc Section11 - Offences by companies Section12 - Offences to be cognizable Section13 - Power to delegate Section14 - Central government to give directions Section15 - Protection of action taken in good faith Section16 - Power to exempt Section17 - Power to make rules

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Jute Packing Materials Compulsory Use in Packing Commodities Act, 1987 Preamble 1

Title: Jute Packing Materials Compulsory Use in Packing Commodities Act, 1987

State: Central

Year: 1987

THE JUTE PACKING MATERIALS (COMPULSORY USE IN PACKING COMMODITIES) ACT, 1987 [Act, No. 10 of 1987] [9th May, 1987] PREAMBLE An Act to provide for the compulsory use of jute packaging material in the supply and distribution of certain commodities in the interests of production of raw jute and jute packaging material, and of persons engaged in the production thereof, and for matters connected therewith. BE it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows:--

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Jute Packing Materials Compulsory Use in Packing Commodities Act, 1987 Section 3

Title: Power to Specify Commodities Which Are Required to Be Packed in Jute Packaging Material

State: Central

Year: 1987

.....that until such time as the Standing Advisory Committee is constituted under section 4, the Central Government shall, before making any order under this sub-section, consider the matters specified in sub-section (2) of section 4, and any order so made shall cease to operate at the expiration of three months from the date on which the Standing Advisory Committee makes its recommendations. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

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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.....

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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.....

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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.....

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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.

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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.

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