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Tribunals Reforms Ordinance 2021 and amendments to the Protection of Plant Varieties and Farmers’ Rights Act 2001

BananaIP Counsels > Intellectual Property  > Tribunals Reforms Ordinance 2021 and amendments to the Pr...

Tribunals Reforms Ordinance 2021 and amendments to the Protection of Plant Varieties and Farmers’ Rights Act 2001

Tribunal reforms & PPVFRA

The President of India on the 4th of April 2021 promulgated the “THE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021”.  With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect.

Provided below is a table summarizing the changes introduced to the Protection of Plant Varieties and Farmers’ Rights Act, 2001 by virtue of passing of this Ordinance.

SectionChanges Introduced by OrdinanceOld SectionNew Section
2 (d), (n), & (o)clause (d), (n) & (o) of Section 2 omitted.Section 2 (d) – Chairman” means the Chairman of the Tribunal

Section 2(n) – Judicial Member” means a Member of the Tribunal appointed as such under sub-section (1) of section 55 and includes the Chairman;

Section 2(o) – Member” means a Judicial Member or a Technical member of the Tribunal and includes the Chairman;

Section 2 (d) – Omitted

Section 2(n) – Omitted

Section 2(o) – Omitted

2(q)Substitution of “prescribed” under Section 2(q)“prescribed” means prescribed by rules made under this Act;“prescribed” means

(A) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and

(B) in other cases, prescribed by rules made under this Act;’:

 2 (y) & (z) 

clause (y) & (z) of section 2 omitted.

Section  2(y)

“Tribunal” means the Plant Varieties Protection Appellate Tribunal established under section 54;

Section 2(z)

“Technical Member” means a Member of the Tribunal who is not a Judicial Member

 

Section  2(y) – Omitted.

Section 2(z) – Omitted.

44the words “or the tribunal” omitted.

 

Section 44 – A farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the Authority or Registrar or the Tribunal or the High Court under this Act or the rules made thereunder.Section 44 – A farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the Authority or Registrar or the High Court under this Act or the rules made thereunder.
Chapter VIIISubstitution of

Chapter VIII heading, “APPEALS”

 

Plant Variety Protection Appellate TribunalAPPEALS
54 & 55Sections 54 and 55 omitted.

 

Section 54 -Tribunal & Section 55 -Composition of TribunalOmitted.
56(1)Substitution of the words “Tribunal” wherever they occur, with the “High CourtAn appeal shall be preferred to the Tribunal within the prescribed period from any–Section 56 (1) An appeal shall be preferred to the High Court within the prescribed period from any–
56(3)Section 56(3) omitted.Section 56(3) – The Tribunal 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 ActOmitted.
57Substituted the word “Tribunal” wherever it occurs, the words “ with the “High Court”Section 57 (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.

Section 57 (1)The High Court may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.

(2) The High Court 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 High Court 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 High Court shall send a copy of any order passed under this section to the Registrar.

57(5) Section 57(5) omitted.Section 57 (5)

The orders of the Tribunal under this Act shall be executable as a decree of a civil court

Omitted.
58 & 59Section 58 & 59 omitted.Section 58 – Procedure of Tribunal

Section 59 – Transitional provision

Omitted.
89 the words “or the tribunal” omitted.Bar in jurisdiction

-No civil court shall have jurisdiction in respect of any matter which the Authority or the Registrar or the Tribunal is empowered by or under this Act to determine.

Bar in jurisdiction

-No civil court shall have jurisdiction in respect of any matter which the Authority or the Registrar is empowered by or under this Act to determine.

Authored and compiled by Sanjana Rebecca

Summer Intern and Student, 3rd Year, School of Law, Christ University

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