Act 53 of 2001

The Protection of Plant Varieties and Farmers Rights Act, 2001

An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.

  • Ministry of Agriculture and Farmers Welfare
  • Department of Agriculture, Cooperation and Farmers Welfare
  • Enacted 2001-10-30
  • 97 sections
SectionTitle
1 Short title, extend and commencement. Read
2 Definitions. Read
3 Establishment of Authority. Read
4 Meetings of Authority. Read
5 Committees of Authority. Read
6 Officers and other employees of Authority. Read
7 Chairperson to be Chief Executive. Read
8 General functions of Authority. Read
9 Authentication of orders, etc., of Authority. Read
10 Delegation. Read
11 Power of Authority. Read
12 Registry and offices thereof. Read
13 National Register of Plant Varieties. Read
14 Application for registration. Read
15 Registrable varieties. Read
16 Persons who may make application. Read
17 Compulsory variety denomination. Read
18 Form of application. Read
19 Test to be conducted. Read
20 Acceptance of application or amendment thereof. Read
21 Advertisement of application. Read
22 Registrar to consider grounds of opposition. Read
23 Registration of essentially derived variety. Read
24 Issue of certificate of registration. Read
25 Publication of list of varieties. Read
26 Determination of benefit sharing by Authority. Read
27 Breeder to deposit seeds or propagating material. Read
28 Registration to confer right. Read
29 Exclusion of certain varieties. Read
30 Researcher’s rights. Read
31 Special provisions relating to application for registration from citizens of convention countries. Read
32 Provisions as to reciprocity. Read
33 Surrender of certificate of registration. Read
34 Revocation of protection on certain grounds. Read
35 Payment of annual fees and forfeiture of registration in default thereof. Read
36 Power to cancel or change registration and to rectify the Register. Read
37 Correction of Register. Read
38 Alteration of denomination of a registered variety. Read
39 Farmers’ rights. Read
40 Certain information to be given in application for registration. Read
41 Rights of communities. Read
42 Protection of innocent infringement. Read
43 Authorisation of farmers’ variety. Read
44 Exemption from fees. Read
45 Gene Fund. Read
46 Framing of schemes, etc. Read
47 Power of Authority to make order for compulsory licence in certain circumstances. Read
48 When requirement of public deemed to have not been satisfied. Read
49 Adjournment of application for grant of compulsory licence. Read
50 Duration of compulsory licence. Read
51 Authority to settle terms and conditions of licence. Read
52 Revocation of compulsory licence. Read
53 Modification of compulsory licence. Read
54 Tribunal. Read
55 Composition of Tribunal. Read
56 Appeals to High Court.Read
57 Orders of High Court.Read
58 Procedure of Tribunal. Read
59 Transitional provision. Read
60 Grants by Central Government. Read
61 Authority Fund. Read
62 Budget, accounts and audit. Read
63 Financial and administrative powers of Chairperson. Read
64 Infringement. Read
65 Suit for infringement, etc. Read
66 Relief in suits for infringement. Read
67 Opinion of scientific adviser. Read
68 Prohibition to apply denomination of a registered variety. Read
69 Meaning of falsely applying denomination of a registered variety. Read
70 Penalty for applying false denomination, etc. Read
71 Penalty for selling varieties to which false denomination is applied, etc. Read
72 Penalty for falsely representing a variety as registered. Read
73 Penalty for subsequent offence. Read
74 No offence in certain cases. Read
75 Exemption of certain persons employed in ordinary course of business. Read
76 Procedure where invalidity of registration is pleaded by the accused. Read
77 Offences by companies. Read
78 Protection of security of India. Read
79 Implied warranty on sale of registered variety, etc. Read
80 Death of party to a proceeding. Read
81 Right of registered agent and the registered licensee to institute suit. Read
82 Evidence of entry in Register, etc., and things done by the Authority and the Registrar. Read
83 Authority, Registrar and other officers not compellable to production of Register, etc. Read
84 Document open to public inspection. Read
85 Report of Authority to be placed before Parliament. Read
86 Government to be bound. Read
87 Proceedings before Authority or Registrar. Read
88 Protection of action taken in good faith. Read
89 Bar of jurisdiction. Read
90 Members and staff of Authority, etc., to be public servants. Read
91 Exemption from tax on wealth and income. Read
92 Act to have overriding effect. Read
93 Power of Central Government to give directions. Read
94 Power to remove difficulties. Read
95 Power to make regulations. Read
96 Power of Central Government to make rules. Read
97 Rules, regulations and schemes to be laid before Parliament. Read
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