Court : Delhi
..... counsel for the petitioner has in response pointed out section 6 of the protection of plant varieties and farmers rights act, 2001 and as per which authorities may appoint various officers and employees who are necessary for the efficient performance of its ..... the respondents however issued a show cause notice/office memo dated 15/18.06.2012 stating that since the appointments of the petitioners were in violation of rule 20 of the protection of plant varieties and farmers rights rules, 2003, action will be taken in accordance ..... (2) the authority shall after advertising the posts in the employment news and at least one national daily recruit officers and other employees of the authority by the method of direct recruitment or contract basis by selection after ..... of appointment of officers and other employees of the authority. ..... (3) notwithstanding anything contained in subrule (1) and subject to the approval of the central government the authority may also appoint such other officers and employees as may required by it on transfer or deputation basis or on ..... (4) the salary, allowances and other conditions of service of the officers and employees of the authority shall be the same as applicable to central government servants of ..... it is contended that the problem arises because of sub-rule 3 as per which the appointments of such other officers and employees as may be required can only be on transfer or deputation or on contract basis in case the posts are not included in the 4th schedule of .....
Tag this Judgment!Court : Supreme Court of India
..... uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra ..... prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary ..... products may be formulated in the form of powders, granules, tablets, capsules, liquids, jelly and other dosage forms but not parenterals, and are meant for oral administration; (ii) such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the drugs and cosmetics act, 1940 (23 of 1940) and rules made thereunder; (iii) does not claim to cure or mitigate any specific disease, ..... geac is occupied by a person of the rank of additional secretary to the government of india and the vice chairman is the member of the department of biotechnology, however, other members such as in clause (iii) while being government employees, possibly are still members working in specialized departments whose knowledge and expertise would be relevant to the functioning 70 | w.p ..... 2001 .....
Tag this Judgment!Court : Supreme Court of India
..... paragraph24offences under the protection of plant varieties and farmers rights act, 2001 (53 of 2001) section description of offence 70 read with penalty for applying false denomination, etc. ..... period relating to the provisional attachment order, the director or any other officer not below the rank of deputy director immediately after attachment under sub- section (1) is obliged to forward a copy of the provisional attachment order to the three-member adjudicating authority (appointed under section 6(1) of the 2002 act, headed by, amongst other, person qualified for appointment as district judge), in a sealed envelope under section 5(2), which is required to be retained by the adjudicating authority for the period as prescribed under the rules framed in that ..... section 4(b)(v) of the right to information act, 2005112 is pressed into service to showcase that every public authority is obligated to publish within 120 days of enactment of the act - the rules, regulations, instructions, manuals and records held by it or its employees for discharge of its functions. ..... , 1991 supp (2) scc18 regional director, employees state insurance corporation vs. .....
Tag this Judgment!Court : Supreme Court of India
..... and clause (v) of sub- section (2) of section 3 of the environment (protection) act, 1986 read with clause (b) of sub rule (3) of rule 5 of the environment (protection) rules, 1986, the ministry of environment and forests, government of india issued a notification on 14.09.2006 directing construction of new projects or activities or the expansion or modernisation of existing projects or activities listed under the schedule to the notification shall be undertaken only 4 | pa ge after prior environmental clearance from the central government or the state level environment impact assessment authority ..... the appellant, it has been stated that the right of way not being greater than 40 meters on existing alignments and 60 meters on realignments or by passes, applies only to construction of road and is not applicable for other road amenities or facilities such as toll plazas. ..... project, its implementation resumes, the project proponent, and subject to the terms of the contract, the concessionaire, should first identify the places for planting the saplings of the same variety, preferably native-trees, for every tree felled, and it must be grown first. ..... in the high court of madras by certain aggrieved farmers and public interest litigants questioning the commencement of the project ..... officer (land acquisition), national highways no.45-a in march, 2018 and agreements were entered into between the appellant and ..... means to enwrap in anything, to enfold or 6 south central railway employees coop. ..... (2001 .....
Tag this Judgment!Court : Supreme Court of India
..... the learned senior counsel contended that the power of seizure and sealing of the godown was not available to the seed inspector under section 14 of the seeds act, 1966 as claimed by the appellant authorities and the high court rightly directed desealing of the godown attached to the processing unit at dhanora and the impugned order warrants no interference.8. ..... it is stated that the quantity and kinds of specific seed/variety could not be assessed and categorized easily to undertake the seed sampling for quality analysis and hence, the plant in-charge was immediately informed to furnish the information about crop wise, variety wise and lot wise stock details of the seeds along with the stock details in various godowns. ..... the licencee shall give every facility to the licensing authority or any other officer acting under his authority for the purpose of inspecting his stock in any shop, depot or godown or other place/places used by him for the purpose of storage, sale or export of seeds. ..... the government of india had brought out different legislations to protect the quality of seeds namely the seeds act, 1966, seeds rules, 1968, seed (control) order, 1983 and other policies. ..... seed is the basic input for the farmer for successful agricultural production. .....
Tag this Judgment!Court : Delhi
..... per provisions of chapter vi section 54(ii) ppv&fr act, 2001, the plant varieties protection appellate tribunal having judicial powers to dispose of appeals made against orders and decision of plant varieties and farmers right authority has not been established as ..... (c) 5571/2019 page 30 of 32 talluri srinivas (supra) and bharat bijlee limited (supra), this court holds that the chairman, ipab and the technical member (plant varieties protection) are competent to hear the urgent matters relating to the patents, trade marks and copyright till the vacancies of other technical members are filled up and the orders passed would not suffer invalidity on the ground of lack ..... page 11 of 32 of the trade marks act, 1999 which provides that the chairman may continue to hold office until expiry of 3 months from the date of receipt of notice or until a person is duly appointed as successor, enters upon his office or until the expiry of his term of office, whichever is earlier.9. ..... the contents of para 2 is reproduced hereunder: during the vacancy in the office of technical member, due to leave of absence of a technical member appointed as such, then a bench of the intellectual property appellate board ..... in the interest of justice that the chairman, ipab be directed to continue to hold office until the appointment of a new chairman. ..... may be directed to hold office until fresh appointment: the chairman, as per the report of the union of india, is likely to demit office in around september, 2019. .....
Tag this Judgment!Court : Delhi
..... also filed an application with protection of plant varieties and farmers rights authority (hereafter the authority ) under section 24(5) of the act, inter alia, claiming that kmh50 was identical to 30v92 and the two varieties are one and the same and further w.p. ..... the test to be conducted for evaluation of a variety to be referred under the act shall conform to the criteria of distinctness, uniformity and stability test guidelines published by the authority in the journal of protection of plant varieties and farmers rights authority and shall be revised and updated from time to time with the prior information to ..... involved in the present petitions relates to the acceptance of kaveri s application for registration of a variety of maize, referred to as kmh50 under the protection of plant varieties and farmers rights act, 2001 (hereafter the act ). ..... concededly, both the varieties (kmh-50 and 30v92) are extant varieties within the meaning of clause (j) of section 2 of the act which is set out below:-" (j) extant variety means a variety available in india which is (i) notified under section 5 of the seeds act, 1966 (54 of 1966); or farmers variety; or (ii) (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public ..... that during the said visit, the said employees had observed maize plants being grown at dus test centre, which were similar to pioneer s variety 30v92. ..... referred to in sub-section (1) shall be filed in the office of the registrar. .....
Tag this Judgment!Court : Delhi
..... also filed an application with protection of plant varieties and farmers rights authority (hereafter the authority ) under section 24(5) of the act, inter alia, claiming that kmh50 was identical to 30v92 and the two varieties are one and the same and further w.p. ..... the test to be conducted for evaluation of a variety to be referred under the act shall conform to the criteria of distinctness, uniformity and stability test guidelines published by the authority in the journal of protection of plant varieties and farmers rights authority and shall be revised and updated from time to time with the prior information to ..... involved in the present petitions relates to the acceptance of kaveri s application for registration of a variety of maize, referred to as kmh50 under the protection of plant varieties and farmers rights act, 2001 (hereafter the act ). ..... concededly, both the varieties (kmh-50 and 30v92) are extant varieties within the meaning of clause (j) of section 2 of the act which is set out below:-" (j) extant variety means a variety available in india which is (i) notified under section 5 of the seeds act, 1966 (54 of 1966); or farmers variety; or (ii) (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public ..... that during the said visit, the said employees had observed maize plants being grown at dus test centre, which were similar to pioneer s variety 30v92. ..... referred to in sub-section (1) shall be filed in the office of the registrar. .....
Tag this Judgment!Court : Delhi
..... , icar; and dr.p.l.gautam, ex-chairman, protection of plant varieties & farmers rights authority.9. ..... further declaring the appointment of respondent no.4 as secretary, dare cum dg, icar vide appointment letter dt.19.02.2016 as illegal and non est in law; (d) pass such other order and further orders as this hon ble court may deem fit and proper in the interest of justice to the respondents no.1 and 2 to consider for appointment of suitable eligible person from amongst the candidates shortlisted and duly recommended by the search cum selection committee to the post of secretary, dare cum dg, icar at the ..... he was a top-most officer, to advise the government on various issues of agricultural research and education and, therefore, a very high powered search-cum-selection committee was constituted. ..... are raised by the respondents contending that dr.a.k.singh who was one of the candidates for the post that is subject matter of the present petition, has filed this writ petition through the petitioner who is acting as his proxy. .....
Tag this Judgment!Court : Supreme Court of India
..... the defendants in their written statement inter alia contended that their rights were protected under the protection of plant varieties and farmers rights act, 2001 (hereinafter referred to as the ppvfr act ). ..... section 39 relates to farmer s rights entitling him to save, use, sow and re sow his farmed produce including a registered variety protected under the act. ..... shri kapil sibbal contended that a chemical/gene/dna construct is not a plant variety, and is not eligible for protection under the ppvfr act. ..... the patent on a gene sequence in a test tube cannot negate/undo the important researchers and farmers rights under sections 30 and 39 of the ppvfr act. ..... a gene cannot be a plant variety and it would be denied such registration on account of lack of fulfillment of the conditions precedent in section 2(za) read with sections 14 and 15. ..... the protection under section 48 of the act is capable of being exercised against other biotechnology companies that seek to replicate the bt. ..... the biodiversity act which prohibits the 18 use of any biological resources occurring in india for commercial utilisation and which includes genes used for improving crops and livestock through genetic intervention necessitates prior permission from the national bio diversity authority which has not been taken by the plaintiffs. .....
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