Section List

53/2001 - The Protection of Plant Varieties and Farmers Rights Act, 2001 ▶

Act Number: 53

Act Name: The Protection of Plant Varieties and Farmers Rights Act, 2001

Year: 2001

Enactment Date: 2001-10-30

Long Title: 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: Ministry of Agriculture and Farmers Welfare

Department: Department of Agriculture, Cooperation and Farmers Welfare

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