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

Title : Short Title, Extent and Commencement

State : Central

Year : 2001

(1) This Act may be called the Protection of Plant Varieties and Farmers' Rights Act, 2001. (2) It extends to the whole of India. (3) It shall come into force on such dale as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. View Complete Act      List Judgments citing this section

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

Title : General Functions of Authority

State : Central

Year : 2001

(1) It shall be the duty of the Authority to promote, by such measures as it thinks fit, the encouragement for the development of new varieties of plants and to protect the rights of the farmers and breeders. ( 2) In particular, and without prejudice 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..... View Complete Act      List Judgments citing this section

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 23

Title : Registration of Essentially Derived Variety

State : Central

Year : 2001

(1) An application for the registration of an essentially derived variety of the genera or species specified under sub-section (2) of section 29 by the Central Government shall be made to the Registrar by or on behalf of any person referred to in section 14 and in the manner specified in section 18 as if for the word "variety", the words "essentially derived variety" have been substituted therein and shall be accompanied by such documents and fees as may be prescribed. (2) When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he shall forward the application with his report and all the relevant documents to the Authority. (3) On receipt of an application under sub-section (2), the Authority shall get examined such..... View Complete Act      List Judgments citing this section

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 32

Title : Provisions as to Reciprocity

State : Central

Year : 2001

Where any country declared by the Central Government in this behalf by notification in the Official Gazette under sub-section (1) of section 31 does not accord to citizens of India the same rights in respect of the registration and protection of a variety, as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled to get a variety registered under this Act. View Complete Act      List Judgments citing this section

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

Title : Surrender and Revocation of Certificate and Rectification and Correction of Register

State : Central

Year : 2001

(1) A breeder of a variety registered under this Act may, at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration. (2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered agent or registered licensee relating to such certificate. (3) Any of such agent or licensee may, within the prescribed period after such notification, give notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar shall intimate the contents of such notice to the breeder of such variety. (4) If the Registrar is satisfied after hearing the applicant and all the opponents, if desirous of being heard, that the certificate of registration may properly be..... View Complete Act      List Judgments citing this section

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 38

Title : Alteration of Denomination of (25 of 1961) Registered Variety

State : Central

Year : 2001

(1) The breeder of a variety registered under this Act may apply in the prescribed manner to the Registrar to delete any part or to add to or alter the denomination of such variety in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit to avoid any conflict with the rights of other breeders of the varieties registered under this Act. (2) The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of..... View Complete Act      List Judgments citing this section

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

Title : Compulsory Licence

State : Central

Year : 2001

(1) At any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, any person interested may make an application to the Authority alleging that the reasonable requirements of the public for seed or other propagating material of 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 and pray for the grant of a compulsory licence to undertake production, distribution and sale of the seed or other propagating material of that variety. (2) Every application under 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..... View Complete Act      List Judgments citing this section

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 51

Title : Authority to Settle Terms and Conditions of Licence

State : Central

Year : 2001

(1) The Authority shall, while determining the terms and conditions of a compulsory licence under the provisions of this Chapter, endeavour to secure-- (i) reasonable compensation to the breeder of the variety relating to the compulsory licence having regard to the nature of the variety, the expenditure incurred by such breeder in breeding the variety or for developing it, and other relevant factors; (ii) that the compulsory licensee of such variety possesses the adequate mean's to provide to the farmers, the seeds or other propagating material of such variety, timely and at reasonable market price. (2) No compulsory licence granted by the Authority shall authorise the licensee to import the variety relating to such licence or any seed or other propagating material of such variety..... View Complete Act      List Judgments citing this section

Protection of Human Rights Act, 1993 Section 1

Title : Short Title, Extent and Commencement

State : Central

Year : 1993

(1) This Act may be called the Protection of Human Rights Act, 1993. (2) It extends to the whole of India: Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters relatable to any of the entries enumerated in List I or List III in the Seventh Schedule to the Constitution as applicable to that State. (3) It shall be deemed to have come into force on the 28th day of September, 1993. View Complete Act      List Judgments citing this section

Protection of Human Rights Act, 1993 Section 5

Title : Resignation and Removal of Chairperson and Members

State : Central

Year : 1993

1 [(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of India, resign his office. (2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from his office by order of the President of India on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as the case may be, ought on any such ground to be removed. (3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the Chairperson or any Member if the Chairperson or such Member, as the case..... View Complete Act      List Judgments citing this section


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