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CHAPTER II: PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY

BananaIP Counsels > The Protection of Plant Varieties and Farmers Rights Act > CHAPTER II: PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY

CHAPTER II: PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY

 

3. Establishment of Authority.—

 

(1) The Central Government shall, by notification in the Official
Gazette, establish an authority to be known as the Protection of Plant Varieties and Farmers’ Rights
Authority for the purposes of this Act.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a
common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to
contract, and shall by the said name sue and be sued.
(3) The head office of the Authority shall be at such place as the Central Government may, by
notification in the Official Gazette, specify and the Authority may, with the previous approval of the
Central Government, establish branch offices at other places in India.
(4) The Authority shall consist of a Chairperson and fifteen members.
(5) (a) The Chairperson to be appointed by the Central Government shall be a person of outstanding
caliber and eminence, with long practical experience to the satisfaction of that Government especially in
the field of plant varietal research or agricultural development.
(b) The members of the Authority, to be appointed by the Central Government, shall be as follows,
namely:—
(i) the Agriculture Commissioner, Government of India, Department of Agriculture and
Cooperation, New Delhi, ex officio;
(ii) the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural
Research, New Delhi, ex officio;
(iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and
Cooperation, New Delhi, ex officio;

(iv) the Horticulture Commissioner, Government of India, Department of Agriculture and
Cooperation, New Delhi, ex officio;
(v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio;
(vi) one member not below the rank of Joint Secretary to the Government of India, to represent
the Department of Bio-technology, Government of India, ex officio;
(vii) one member not below the rank of Joint Secretary to the Government of India to represent
the Ministry of Environment and Forests, Government of India, ex officio;
(viii) one member not below the rank of Joint Secretary to the Government of India to represent
the Ministry of Law, Justice and Company Affairs, Government of India, ex officio;
(ix) one representative from a National or State level farmers’ organisation to be nominated by
the Central Government;
(x) one representative from a tribal organisation to be nominated by the Central Government;
(xi) one representative from the seed industry to be nominated by the Central Government;
(xii) one representative from an agricultural University to be nominated by the Central
Government;
(xiii) one representative from a National or State level women’s organisation associated with
agricultural activities to be nominated by the Central Government; and
(xiv) two representatives of State Governments on rotation basis to be nominated by the Central
Government.
(c) The Registrar-General shall be the ex officio member-secretary of the Authority.
(6) The term of office of the Chairperson and the manner of filling the post shall be such as may be
prescribed.
(7) The Chairperson shall appoint a Standing Committee consisting of five members, one of whom
shall be a member who is a representative from a farmers organisation, to advise the Authority on all
issues including farmers’ rights.
(8) The Chairperson shall be entitled to such salary and allowances and shall be subject to such
conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed.
The allowances for non-official members for attending the meetings of the Authority shall be as such as
may be prescribed.
(9) The Chairperson may resign his office by giving notice thereof in writing to the Central
Government and on such resignation being accepted, he shall be deemed to have vacated his office.
(10) On the resignation of the Chairperson or on the vacation of the office of Chairperson for any
reason, the Central Government may appoint one of the members to officiate as Chairperson till a regular
Chairperson is appointed in accordance with clause (a) of sub-section (5).

 

4. Meetings of Authority.—

 

(1) The Authority shall meet at such time and place and shall observe
such rules of procedure in regard to the transaction of business at its meetings [including the quorum at its
meetings and the transaction or business of its Standing Committee appointed under sub-section (7) of
section 3] as may be prescribed.
(2) The Chairperson of the Authority shall preside at the meetings of the Authority.
(3) If, for any reason the Chairperson is unable to attend any meeting of the Authority, any member of
the Authority chosen by the members present shall preside at the meeting.
(4) All questions which come before any meeting of the Authority shall be decided by a majority of
the votes of the members of the Authority present and voting and in the event of equality of votes, the
Chairperson of the Authority or in his absence, the person presiding shall have and exercise a second or
casting vote.

(5) Every member who is in any way, whether directly, indirectly or personally, concerned or
interested in a matter to be decided at the meeting shall disclose the nature of his concern of interest and
after such disclosure, the member, concerned or interested, shall not attend that meeting.
(6) No act or proceeding of the Authority shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the Authority; or
(b) any defect in the appointment of a person acting as the Chairperson or a member of the
Authority; or
(c) any irregularity in the procedure of the Authority not affecting the merits of the case.

 

5. Committees of Authority.—

 

(1) The Authority may appoint such committees as may be necessary
for the efficient discharge of its duties and performance of its functions under this Act.
(2) The persons appointed as members of the committee under sub-section (1) shall be entitled to
receive such allowances or fees for attending the meetings of the committee as may be fixed by the
Central Government.

 

6. Officers and other employees of Authority.—

 

Subject to such control and restriction as may be prescribed, the Authority may appoint such officers and other employees as may be necessary for the
efficient performance of its functions and the method of appointment, the salary and allowances and other
conditions of service of such other officers and employees of the Authority shall be such as may be
prescribed.

 

7. Chairperson to be Chief Executive.—

 

The Chairperson shall be the Chief Executive of the
Authority and shall exercise such powers and perform such duties as may be prescribed.

 

8. General functions of Authority.—

 

(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 the farmers and
providing for compulsory licensing of such varieties if the breeder of such varieties or any other
person entitled to produce such variety under this Act does not arrange for production and sale of the
seed in the manner as may be prescribed;
(f) collecting statistics with regard to plant varieties, including the contribution of any person at
any time in the evolution or development of any plant variety, in India or in any other country, for
compilation and publication;
(g) ensuring the maintenance of the Register.

 

9. Authentication of orders, etc., of Authority.—

 

All orders and decisions of the Authority shall be
authenticated by the signature of the Chairperson or any other member authorised by the Authority in this
behalf.

 

10. Delegation.—

 

The Authority may, by general or special order in writing, delegate to the
Chairperson, any member or officer of the Authority subject to such conditions or limitations, if any, as
may be specified in the order, such of its powers and functions (except the power to make regulations
under section 95) under this Act as it may deem necessary.

 

11. Power of Authority.—

 

In all proceedings under this Act before the Authority or the Registrar,—
(a) the Authority or the Registrar, as the case may be, shall have all the powers of a civil court for
the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses,
compelling the discovery and production of documents and issuing commissions for the examination
of witnesses;
(b) the Authority or the Registrar may, subject to any rules made in this behalf under this Act,
make such orders as to cost as it considers reasonable and any such order shall be executable as a
decree of a civil court.

Registry

 

12. Registry and offices thereof.—

 

(1) The Central Government shall establish, for the purpose of
this Act, a Registry which shall be known as the Plant Varieties Registry.
(2) The head office of the Plant Varieties Registry shall be located in the head office of the Authority,
and for the purpose of facilitating the registration of varieties, there may be established, at such places, as
the Authority may think fit, branch offices of the Registry.
(3) The Authority shall appoint a Registrar-General of Plant Varieties who shall be entitled to such
salary and allowances and shall be subject to such conditions of service in respect of leave, pension,
provident fund and such other matters as may be prescribed.
(4) The Authority may appoint such number of Registrars as it thinks necessary for registration of
plant varieties under the superintendence and direction of the Registrar-General under this Act and may
make regulations with respect to their duties and jurisdiction.
(5) The term of office and the conditions of service of the Registrars shall be such as may be provided
by regulations.
(6) The Authority may, by notification in the Official Gazette, define the territorial limits within
which a branch office of the Registry may exercise its functions.
(7) There shall be a seal of the Plant Varieties Registry.

 

13. National Register of Plant Varieties.—

 

(1) For the purposes of this Act, a Register called the
National Register of Plant Varieties shall be kept at the head office of the Registry, wherein shall be
entered the names of all the registered plant varieties with the names and addresses of their respective
breeders, the right of such breeders in respect of the registered varieties, the particulars of the
denomination of each Registered variety, its seed or other propagating material along with specification
of salient features thereof and such other matters as may be prescribed.
(2) Subject to the superintendence and direction of the Central Government, the Register shall be kept
under the control and management of the Authority.
(3) There shall be kept at each branch office of the Registry a copy of the Register and such other
documents as the Central Government may, by notification in the Official Gazette, direct.

 

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