Section 3: Establishment of Authority

Context: (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.

Question: Under Section 3, what is one item mentioned in this provision?

Answer: the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex officio


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: the Horticulture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: 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


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: 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


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: 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


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: one representative from a National or State level farmers' organisation to be nominated by the Central Government


Section 3: Establishment of Authority

Question: Under Section 3, what is one item mentioned in this provision?

Answer: one representative from a tribal organisation to be nominated by the Central Government


Section 3: Establishment of Authority

Question: What shall The Chairperson, to be appointed by the Central Government do under this section?

Answer: 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


Section 3: Establishment of Authority

Question: What shall The members of the Authority, to be appointed by the Central Government do under this section?

Answer: be as follows, namely:— (i) the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio


Section 3: Establishment of Authority

Question: What shall The Registrar-General do under this section?

Answer: be the ex officio member-secretary of the Authority


Section 3: Establishment of Authority

Context: (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.

Question: What shall The term of office of the Chairperson and the manner of filling the post do under this section?

Answer: be such as may be prescribed


Section 3: Establishment of Authority

Question: Who shall appoint a Standing Committee consisting of five members, one of whom shall be a member who is a representative from a fa?

Answer: The Chairperson


Section 3: Establishment of Authority

Question: What shall The Chairperson do under this section?

Answer: 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


Section 3: Establishment of Authority

Context: (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 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.

Question: What shall The Chairperson do under this section?

Answer: 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


Section 3: Establishment of Authority

Question: What shall The Chairperson be entitled to?

Answer: 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


Section 3: Establishment of Authority

Question: What shall The allowances for non-official members for attending the meetings of the Authority do under this section?

Answer: be such as may be prescribed


Section 3: Establishment of Authority

Question: Who may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, ?

Answer: The Chairperson


Section 3: Establishment of Authority

Question: What may The Chairperson do under this section?

Answer: 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


Section 3: Establishment of Authority

Context: (10) On the resignation of the Chairperson or on the vacation of the office of the 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).

Question: Who may appoint one of the members to officiate as Chairperson till a regular Chairperson is appointed in accordance with clause?

Answer: On the resignation of the Chairperson or on the vacation of the office of the Chairperson for any reason, the Central Government


Section 3: Establishment of Authority

Question: What may On the resignation of the Chairperson or on the vacation of the office of the Chairperson for any reason, the Central Government do under this section?

Answer: appoint one of the members to officiate as Chairperson till a regular Chairperson is appointed in accordance with clause (a) of sub-section (5)


Section 3: Establishment of Authority

Context: (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.

Question: What does Section 3 state about establishment of authority?

Answer: (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


Section 3: Establishment of Authority

Question: According to Section 3, what is provided regarding establishment of authority?

Answer: (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


Section 4: Meetings of Authority

Context: (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 of 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.

Question: Who shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its me?

Answer: The Authority


Section 4: Meetings of Authority

Question: Who shall preside at the meetings of the Authority?

Answer: The Chairperson of the Authority


Section 4: Meetings of Authority

Question: What shall The Chairperson of the Authority do under this section?

Answer: preside at the meetings of the Authority


Section 4: Meetings of Authority

Context: (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.

Question: What shall 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 do under this section?

Answer: preside at the meeting


Section 4: Meetings of Authority

Question: What shall All questions which come before any meeting of the Authority do under this section?

Answer: 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


Section 4: Meetings of Authority

Context: (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 or 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.

Question: What shall Every member who is in any way, whether directly, indirectly or personally, concerned or interested in a matter to be decided at the meeting do under this section?

Answer: disclose the nature of his concern or interest and after such disclosure, the member, concerned or interested, shall not attend that meeting


Section 4: Meetings of Authority

Question: What shall No act or proceeding of the Authority do under this section?

Answer: be invalid merely by reason of— (a) any vacancy in, or any defect in the constitution of, the Authority


Section 4: Meetings of Authority

Question: What does Section 4 state about meetings of authority?

Answer: (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 of business of its Standing Committee appointed under sub-section (7) of section 3] as may be prescribed


Section 4: Meetings of Authority

Question: According to Section 4, what is provided regarding meetings of authority?

Answer: (2) The Chairperson of the Authority shall preside at the meetings of the Authority


Section 5: Committees of Authority

Context: (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.

Question: Who may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions u?

Answer: The Authority


Section 5: Committees of Authority

Question: What may The Authority do under this section?

Answer: appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act


Section 5: Committees of Authority

Question: What shall The persons appointed as members of the committee under sub-section (1) do under this section?

Answer: be entitled to receive such allowances or fees for attending the meetings of the committee as may be fixed by the Central Government


Section 5: Committees of Authority

Question: What shall The persons appointed as members of the committee under sub-section (1) be entitled to?

Answer: receive such allowances or fees for attending the meetings of the committee as may be fixed by the Central Government


Section 5: Committees of Authority

Question: What does Section 5 state about committees of authority?

Answer: (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


Section 5: Committees of Authority

Question: According to Section 5, what is provided regarding committees of authority?

Answer: (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


Section 6: Officers and other employees of Authority

Context: 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.

Question: Who may appoint such officers and other employees as may be necessary for the efficient performance of its functions and the met?

Answer: the Authority


Question: What may the Authority do under this section?

Answer: 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


Section 8: General functions of Authority

Context: (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.

Question: Under Section 8, what may this provision provide for?

Answer: the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed


Question: Under Section 8, what may this provision provide for?

Answer: developing characterisation and documentation of varieties registered under this Act


Question: Under Section 8, what may this provision provide for?

Answer: documentation, indexing and cataloguing of farmers' varieties


Question: Under Section 8, what may this provision provide for?

Answer: compulsory cataloguing facilities for all varieties of plants


Question: Under Section 8, what may this provision provide for?

Answer: 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


Question: Under Section 8, what may this provision provide for?

Answer: 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


Question: Under Section 8, what may this provision provide for?

Answer: ensuring the maintenance of the Register


Question: What shall It do under this section?

Answer: 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


Question: Who may provide for— (a) the registration of extant varieties subject to such terms and conditions and in the manner as may be p?

Answer: In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1)


Question: What may In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1) do under this section?

Answer: provide for— (a) the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed


Question: What does Section 8 state about general functions of authority?

Answer: (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


Question: According to Section 8, what is provided regarding general functions of authority?

Answer: (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


Section 9: Authentication of orders, etc., of Authority

Context: 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.

Question: What shall All orders and decisions of the Authority do under this section?

Answer: be authenticated by the signature of the Chairperson or any other member authorised by the Authority in this behalf


Question: What does Section 9 state about authentication of orders, etc., of authority?

Answer: 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


Section 10: Delegation

Context: 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.

Question: Who may by general or special order in writing, delegate to the Chairperson, any member or officer of the Authority subject to s?

Answer: The Authority


Section 10: Delegation

Question: What does Section 10 state about delegation?

Answer: 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


Section 11: Power of Authority

Context: 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 rule 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

Question: Who may be, shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing th?

Answer: In all proceedings under this Act before the Authority or the Registrar,— (a) the Authority or the Registrar, as the case


Section 11: Power of Authority

Question: What may In all proceedings under this Act before the Authority or the Registrar,— (a) the Authority or the Registrar, as the case do under this section?

Answer: 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


Section 11: Power of Authority

Question: What powers shall In all proceedings under this Act before the Authority or the Registrar,— (a) the Authority or the Registrar, as the case may be have?

Answer: 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


Section 11: Power of Authority

Question: Who may subject to any rule made in this behalf under this Act, make such orders as to cost as it considers reasonable and any s?

Answer: the Authority or the Registrar


Section 11: Power of Authority

Question: What may the Authority or the Registrar do under this section?

Answer: subject to any rule 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


Section 11: Power of Authority

Question: According to Section 11, what is provided regarding power of authority?

Answer: (b) the Authority or the Registrar may, subject to any rule 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


Section 11: Power of Authority

Question: Under Section 11, what is one provision mentioned regarding power of authority?

Answer: 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


Section 12: Registry and offices thereof

Context: (1) The Central Government shall establish, for the purposes 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.

Question: Who shall establish, for the purposes of this Act, a Registry which shall be known as the Plant Varieties Registry?

Answer: The Central Government


Question: What shall The Central Government do under this section?

Answer: establish, for the purposes of this Act, a Registry which shall be known as the Plant Varieties Registry


Question: What shall The head office of the Plant Varieties Registry do under this section?

Answer: 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


Context: (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.

Question: Who shall appoint a Registrar-General of Plant Varieties who shall be entitled to such salary and allowances and shall be subject ?

Answer: The Authority


Question: What shall The Authority do under this section?

Answer: 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


Question: What shall The Authority shall appoint a Registrar-General of Plant Varieties who be entitled to?

Answer: 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


Question: Who may appoint such number of Registrars as it thinks necessary for registration of plant varieties under the superintendence a?

Answer: The Authority


Question: What may The Authority do under this section?

Answer: 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


Context: (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.

Question: What shall The term of office and the conditions of service of the Registrars do under this section?

Answer: be such as may be provided by regulations


Question: Who may by notification in the Official Gazette, define the territorial limits within which a branch office of the Registry may ?

Answer: The Authority


Question: What may The Authority do under this section?

Answer: by notification in the Official Gazette, define the territorial limits within which a branch office of the Registry may exercise its functions


Context: (7) There shall be a seal of the Plant Varieties Registry.

Question: What shall There do under this section?

Answer: be a seal of the Plant Varieties Registry


Question: What does Section 12 state about registry and offices thereof?

Answer: (1) The Central Government shall establish, for the purposes of this Act, a Registry which shall be known as the Plant Varieties Registry


Question: According to Section 12, what is provided regarding registry and offices thereof?

Answer: (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


Section 13: National Register of Plant Varieties

Context: (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. Application for registration

Question: What shall There do under this section?

Answer: 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


Context: (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.

Question: According to Section 13, what is provided regarding national register of plant varieties?

Answer: (2) Subject to the superintendence and direction of the Central Government, the Register shall be kept under the control and management of the Authority


Question: What does Section 13 state about national register of plant varieties?

Answer: (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


Section 14: Application for registration

Context: Any person specified in section 16 may make an application to the Registrar for registration of any variety— (a) of such genera and species as specified under sub-section (2) of section 29; or (b) which is an extant variety; or (c) which is a farmers' variety.

Question: Who may make an application to the Registrar for registration of any variety— (a) of such genera and species as specified under ?

Answer: Any person specified in section 16


Question: What may Any person specified in section 16 do under this section?

Answer: make an application to the Registrar for registration of any variety— (a) of such genera and species as specified under sub-section (2) of section 29


Question: For what varieties may an application be made under Section 14?

Answer: (a) of such genera and species as specified under sub-section (2) of section 29


Question: What does Section 14 state about application for registration?

Answer: Any person specified in section 16 may make an application to the Registrar for registration of any variety— (a) of such genera and species as specified under sub-section (2) of section 29


Question: According to Section 14, what is provided regarding application for registration?

Answer: or (b) which is an extant variety


Section 15: Registrable varieties

Context: (1) A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. (2) Notwithstanding anything contained in sub-section (1), an extant variety shall be registered under this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations.

Question: What shall A new variety do under this section?

Answer: be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability


Section 15: Registrable varieties

Context: (3) For the purposes of sub-sections (1) and (2), as the case may be, a new variety shall be deemed to be— (a) novel, if, at the date of filing of the application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for the purposes of exploitation of such variety— (i) in India, earlier than one year; or (ii) outside India, in the case of trees or vines earlier than six years, or in any other case, earlier than four years, before the date of filing such application: Provided that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: Provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety; (b) distinct, if it is clearly distinguishable by at least one essential characteristic from any another variety whose existence is a matter of common knowledge in any country at the time of filing of the application. Explanation.—For the removal of doubts, it is hereby declared that the filing of an application for the granting of a breeder's right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeder's right or to the entry of such variety in such official register, as the case may be; (c) uniform, if subject to the variation that may be expected from the particular features of its propagation it is sufficiently uniform in its essential characteristics; (d) stable, if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

Question: Who may be, a new variety shall be deemed to be— (a) novel, if, at the date of filing of the application for registration for pr?

Answer: For the purposes of sub-sections (1) and (2), as the case


Section 15: Registrable varieties

Question: What may uniform, if subject to the variation that do under this section?

Answer: be expected from the particular features of its propagation it is sufficiently uniform in its essential characteristics


Section 15: Registrable varieties

Context: (4) A new variety shall not be registered under this Act if the denomination given to such variety— (i) is not capable of identifying such variety; or (ii) consists solely of figures; or (iii) is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety; or (iv) is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this Act; or (v) is likely to deceive the public or cause confusion in the public regarding the identity of such variety; or (vi) is likely to hurt the religious sentiments respectively of any class or section of the citizens of India; or (vii) is prohibited for use as a name or emblem for any of the purposes mentioned in section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950); or (viii) is comprised of solely or partly of geographical name: Provided that the registrar may register a variety, the denomination of which comprises solely or partly of a geographical name, if he considers that the use of such denomination in respect of such variety is an honest use under the circumstances of the case.

Question: Who shall not be registered under this Act if the denomination given to such variety— (i) is not capable of identifying such varie?

Answer: A new variety


Section 15: Registrable varieties

Question: What shall A new variety do under this section?

Answer: not be registered under this Act if the denomination given to such variety— (i) is not capable of identifying such variety


Section 15: Registrable varieties

Question: What does Section 15 state about registrable varieties?

Answer: (1) A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability


Section 15: Registrable varieties

Question: According to Section 15, what is provided regarding registrable varieties?

Answer: (2) Notwithstanding anything contained in sub-section (1), an extant variety shall be registered under this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations


Section 17: Compulsory variety denomination

Context: (1) Every applicant shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act in accordance with the regulations. (2) The Authority shall, having regard to the provisions of any international convention or treaty to which India has become a party, make regulations governing the assignment of denomination to a variety.

Question: Who shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act i?

Answer: Every applicant


Question: What shall Every applicant do under this section?

Answer: assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act in accordance with the regulations


Question: Who shall having regard to the provisions of any international convention or treaty to which India has become a party, make regula?

Answer: The Authority


Question: What shall The Authority do under this section?

Answer: having regard to the provisions of any international convention or treaty to which India has become a party, make regulations governing the assignment of denomination to a variety


Question: What does Section 17 state about compulsory variety denomination?

Answer: (1) Every applicant shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act in accordance with the regulations


Question: According to Section 17, what is provided regarding compulsory variety denomination?

Answer: (2) The Authority shall, having regard to the provisions of any international convention or treaty to which India has become a party, make regulations governing the assignment of denomination to a variety


Section 19: Test to be conducted

Context: (1) Every applicant shall, along with the application for registration made under this Act, make available to the Registrar such quantity of seed of a variety for registration of which such application is made, for the purpose of conducting tests to evaluate whether seed of such variety along with parental material conform to the standards as may be specified by regulations: Provided that the Registrar or any person or test centre to whom such seed has been sent for conducting test shall keep such seed during his or its possession in such manner and in such condition that its viability and quality shall remain unaltered. (2) The applicant shall deposit such fees as may be prescribed for conducting tests referred to in sub-section (1).

Question: Who shall along with the application for registration made under this Act, make available to the Registrar such quantity of seed o?

Answer: Every applicant


Section 19: Test to be conducted

Question: Who shall deposit such fees as may be prescribed for conducting tests referred to in sub-section (1)?

Answer: The applicant


Section 19: Test to be conducted

Question: What shall The applicant do under this section?

Answer: deposit such fees as may be prescribed for conducting tests referred to in sub-section (1)


Section 19: Test to be conducted

Context: (3) The tests referred to in sub-section (1) shall be conducted in such manner and by such method as may be prescribed.

Question: What shall The tests referred to in sub-section (1) do under this section?

Answer: be conducted in such manner and by such method as may be prescribed


Section 19: Test to be conducted

Question: According to Section 19, what is provided regarding test to be conducted?

Answer: (2) The applicant shall deposit such fees as may be prescribed for conducting tests referred to in sub-section (1)


Section 19: Test to be conducted

Question: What does Section 19 state about test to be conducted?

Answer: (3) The tests referred to in sub-section (1) shall be conducted in such manner and by such method as may be prescribed


Section 20: Acceptance of application or amendment thereof

Context: (1) On receipt of an application under section 14, the Registrar may, after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit. (2) Where the Registrar is satisfied that the application does not comply with the requirements of this Act or any rules or regulations made thereunder, he may, either— (a) require the applicant to amend the application to his satisfaction; or (b) reject the application: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of presenting his case.

Question: Who may after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the app?

Answer: On receipt of an application under section 14, the Registrar


Question: What may On receipt of an application under section 14, the Registrar do under this section?

Answer: after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit


Question: What does Section 20 state about acceptance of application or amendment thereof?

Answer: (1) On receipt of an application under section 14, the Registrar may, after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit


Question: According to Section 20, what is provided regarding acceptance of application or amendment thereof?

Answer: (2) Where the Registrar is satisfied that the application does not comply with the requirements of this Act or any rules or regulations made thereunder, he may, either— (a) require the applicant to amend the application to his satisfaction


Question: Under Section 20, what is one provision mentioned regarding acceptance of application or amendment thereof?

Answer: require the applicant to amend the application to his satisfaction


Section 21: Advertisement of application

Context: (1) Where an application for registration of a variety has been accepted absolutely or subject to conditions or limitations under sub-section (1) of section 20, the Registrar shall, as soon as after its acceptance, cause such application together with the conditions or limitations, if any, subject to which it has been accepted and the specifications of the variety for registration of which such application is made including its photographs or drawings, to be advertised in the prescribed manner calling objections from the persons interested in the matter. (2) Any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration.

Question: Who may within three months from the date of the advertisement of an application for registration on payment of the prescribed f?

Answer: Any person


Question: What may Any person do under this section?

Answer: within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration


Question: What may Any person do under Section 21?

Answer: within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration


Context: (3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely:— (a) that the person opposing the application is entitled to the breeder's right as against the applicant; or (b) that the variety is not registrable under this Act; or (c) that the grant of certificate of registration may not be in public interest; or (d) that the variety may have adverse effect on the environment. (4) The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application.

Question: Under Section 21, what is one ground mentioned in this provision?

Answer: that the person opposing the application is entitled to the breeder's right as against the applicant


Question: Under Section 21, what is one ground mentioned in this provision?

Answer: that the variety is not registrable under this Act


Question: Under Section 21, what is one ground mentioned in this provision?

Answer: that the grant of certificate of registration may not be in public interest


Question: Under Section 21, what is one ground mentioned in this provision?

Answer: that the variety may have adverse effect on the environment


Question: What may Opposition to the registration under sub-section (2) do under this section?

Answer: be made on any of the following grounds, namely:— (a) that the person opposing the application is entitled to the breeder's right as against the applicant


Question: Who shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by th?

Answer: The Registrar


Context: (5) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition. (6) Any evidence upon which the opponent and the applicant may rely shall be submitted, in the manner prescribed and within the time prescribed, to the Registrar and the Registrar shall give an opportunity to them to be heard, if so desired.

Question: Who may rely shall be submitted, in the manner prescribed and within the time prescribed, to the Registrar and the Registrar sha?

Answer: Any evidence upon which the opponent and the applicant


Question: What may Any evidence upon which the opponent and the applicant do under this section?

Answer: rely shall be submitted, in the manner prescribed and within the time prescribed, to the Registrar and the Registrar shall give an opportunity to them to be heard, if so desired


Context: (7) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted and may take into account a ground of objection whether relied upon by the opponent or not. (8) Where a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the cost of proceedings before him and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned.

Question: Who shall after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions o?

Answer: The Registrar


Question: What shall The Registrar do under this section?

Answer: after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted and may take into account a ground of objection whether relied upon by the opponent or not


Context: (9) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he may think fit.

Question: Who may on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on suc?

Answer: The Registrar


Question: What may The Registrar do under this section?

Answer: on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he may think fit


Question: According to Section 21, what is provided regarding advertisement of application?

Answer: (2) Any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration


Question: What does Section 21 state about advertisement of application?

Answer: (3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely:— (a) that the person opposing the application is entitled to the breeder's right as against the applicant


Section 22: Registrar to consider grounds of opposition

Context: The Registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition. Registration of essentially derived variety

Question: Who shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, ?

Answer: The Registrar


Question: What shall The Registrar do under this section?

Answer: consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition


Question: What does Section 22 state about registrar to consider grounds of opposition?

Answer: The Registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition


Question: According to Section 22, what is provided regarding registrar to consider grounds of opposition?

Answer: Registration of essentially derived variety


Section 24: Issue of certificate of registration

Context: (1) When an application for registration of a variety (other than an essentially derived variety) has been accepted and either— (a) the application has not been opposed and the time of notice of opposition has expired; or (b) the application has been opposed and the opposition has been rejected, the Registrar shall register the variety. (2) On the registration of the variety (other than an essentially derived variety), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. The maximum time required by the Registrar for issuing the certificate of registration from the date of filing of the application for registration of a variety shall be such as may be prescribed.

Question: Who shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and?

Answer: On the registration of the variety (other than an essentially derived variety), the Registrar


Question: What shall On the registration of the variety (other than an essentially derived variety), the Registrar do under this section?

Answer: issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority for determination of benefit sharing and to such other authority, as may be prescribed, for information


Question: What shall The maximum time required by the Registrar for issuing the certificate of registration from the date of filing of the application for registration of a variety do under this section?

Answer: be such as may be prescribed


Context: (3) Where registration of a variety (other than an essentially derived variety), is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. (4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.

Question: Who may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake?

Answer: The Registrar


Question: What may The Registrar do under this section?

Answer: amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake


Context: (5) The Registrar shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application. (6) The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed,— (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966); and (iii) in other cases, fifteen years from the date of registration of the variety.

Question: Who shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third?

Answer: The Registrar


Question: What shall The Registrar do under this section?

Answer: have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application


Question: What does Section 24 state about issue of certificate of registration?

Answer: (1) When an application for registration of a variety (other than an essentially derived variety) has been accepted and either— (a) the application has not been opposed and the time of notice of opposition has expired


Question: According to Section 24, what is provided regarding issue of certificate of registration?

Answer: or (b) the application has been opposed and the opposition has been rejected, the Registrar shall register the variety


Section 25: Publication of list of varieties

Context: The Authority shall, within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval.

Question: Who shall within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that int?

Answer: The Authority


Question: What shall The Authority do under this section?

Answer: within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval


Question: What does Section 25 state about publication of list of varieties?

Answer: The Authority shall, within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval


Section 26: Determination of benefit sharing by Authority

Context: (1) On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed. (2) On invitation of the claims under sub-section (1), any person or group of persons or firm or governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fees, as may be prescribed: Provided that such claim shall only be submitted by any— (i) person or group of persons, if such person or every person constituting such group is a citizen of India; or (ii) firm or governmental or non-governmental organisation, if such firm or organisation is formed or established in India.

Question: What shall On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority do under this section?

Answer: publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed


Question: Who shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such?

Answer: On invitation of the claims under sub-section (1), any person or group of persons or firm or governmental or non-governmental organisation


Question: What may any person or group of persons or firm or governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fees, as do under Section 26?

Answer: be prescribed: Provided that such claim shall only be submitted by any— (i) person or group of persons, if such person or every person constituting such group is a citizen of India


Context: (3) On receiving a claim under sub-section (2), the Authority shall send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as may be prescribed. (4) The Authority shall, after giving an opportunity of being heard to the parties, dispose of the claim received under sub-section (2).

Question: Who shall send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receip?

Answer: On receiving a claim under sub-section (2), the Authority


Question: What shall On receiving a claim under sub-section (2), the Authority do under this section?

Answer: send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as may be prescribed


Question: Who shall after giving an opportunity of being heard to the parties, dispose of the claim received under sub-section (2)?

Answer: The Authority


Question: What shall The Authority do under this section?

Answer: after giving an opportunity of being heard to the parties, dispose of the claim received under sub-section (2)


Context: (5) While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely:— (a) the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed; (b) the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed. (6) The amount of benefit sharing to a variety determined under this section shall be deposited by the breeder of such variety in the manner referred to in clause (a) of sub-section (1) of section 45 in the National Gene Fund.

Question: Under Section 26, what is one matter mentioned in this provision?

Answer: the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed


Question: Under Section 26, what is one matter mentioned in this provision?

Answer: the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed


Question: Who shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and?

Answer: While disposing of the claim under sub-section (4), the Authority


Question: What shall The amount of benefit sharing to a variety determined under this section do under this section?

Answer: be deposited by the breeder of such variety in the manner referred to in clause (a) of sub-section (1) of section 45 in the National Gene Fund


Context: (7) The amount of benefit sharing determined under this section shall, on a reference made by the Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate within whose local limits of jurisdiction the breeder liable for such benefit sharing resides.

Question: Who shall on a reference made by the Authority in the prescribed manner, be recoverable as an arrear of land revenue by the Distri?

Answer: The amount of benefit sharing determined under this section


Question: What shall The amount of benefit sharing determined under this section do under this section?

Answer: on a reference made by the Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate within whose local limits of jurisdiction the breeder liable for such benefit sharing resides


Question: What does Section 26 state about determination of benefit sharing by authority?

Answer: (1) On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed


Question: Under Section 26, what is one provision mentioned regarding determination of benefit sharing by authority?

Answer: person or group of persons, if such person or every person constituting such group is a citizen of India


Section 27: Breeder to deposit seeds or propagating material

Context: (1) The breeder shall be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the National Gene Bank as may be specified in the regulations for reproduction purpose at the breeder's expense within such time as may be specified in that regulation. (2) The seeds or propagating material or parental line seeds to be deposited under sub-section (1) shall be deposited to the National Gene Bank specified by the Authority.

Question: What shall The breeder do under this section?

Answer: be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the National Gene Bank as may be specified in the regulations for reproduction purpose at the breeder's expense within such time as may be specified in that regulation


Question: What shall The seeds or propagating material or parental line seeds to be deposited under sub-section (1) do under this section?

Answer: be deposited to the National Gene Bank specified by the Authority


Question: What does Section 27 state about breeder to deposit seeds or propagating material?

Answer: (1) The breeder shall be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the National Gene Bank as may be specified in the regulations for reproduction purpose at the breeder's expense within such time as may be specified in that regulation


Question: According to Section 27, what is provided regarding breeder to deposit seeds or propagating material?

Answer: (2) The seeds or propagating material or parental line seeds to be deposited under sub-section (1) shall be deposited to the National Gene Bank specified by the Authority


Section 28: Registration to confer right

Context: (1) Subject to the other provisions of this Act, a certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety: Provided that in the case of an extant variety, unless a breeder or his successor establishes his right, the Central Government, and in cases where such extant variety is notified for a State or for any area thereof under section 5 of the Seeds Act, 1966 (54 of 1966), the State Government, shall be deemed to be the owner of such right. (2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be specified by regulations.

Question: Who may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to su?

Answer: A breeder


Question: What may A breeder do under this section?

Answer: authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be specified by regulations


Context: (3) Every authorisation under this section shall be in such form as may be specified by regulations. (4) Where an agent or a licensee referred to in sub-section (1) becomes entitled to produce, sell, market, distribute, import or export a variety, he shall apply in the prescribed manner and with the prescribed fees to the Registrar to register his title and the Registrar shall, on receipt of application and on proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the variety for which he is entitled for such right, and shall cause particulars of such entitlement and conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the Register: Provided that when the validity of such entitlement is in dispute between the parties, the Registrar may refuse to register the entitlement and refer the matter in the prescribed manner to the Authority and withhold the registration of such entitlement until the right of the parties in dispute so referred to has been determined by the Authority.

Question: What shall Every authorisation under this section do under this section?

Answer: be in such form as may be specified by regulations


Context: (5) The Registrar shall issue a certificate of registration under sub-section (4) to the applicant after such registration and shall enter in the certificate the brief conditions of entitlement, if any, in the prescribed manner, and such certificate shall be the conclusive proof of such entitlement and the conditions or restrictions thereof, if any. (6) Subject to any agreement subsisting between the parties, an agent or licensee of a right to a variety registered under sub-section (4) shall be entitled to call upon the breeder or his successor thereof to take proceedings to prevent infringement thereof, and if the breeder or his successor refuses or neglects to do so within three months after being so called upon, such registered agent or licensee may institute proceedings for infringement in his own name as if he were the breeder, making the breeder or his successor a defendant.

Question: Who shall issue a certificate of registration under sub-section (4) to the applicant after such registration and shall enter in th?

Answer: The Registrar


Question: Within what period is the act referred to in this provision to be done?

Answer: three months


Context: (9) Without prejudice to the registration under sub-section (4), the terms of registration— (a) may be varied by the Registrar as regards the variety in respect of which, or any condition or restriction subject to which, it has effect on receipt of an application in the prescribed manner of the registered breeder of such variety or his successor; (b) may be cancelled by the Registrar on the application in the prescribed manner of the registered breeder of such variety or his successor or of the registered agent or registered licensee of such variety; (c) may be cancelled by the Registrar on the application in the prescribed manner of any person other than the breeder, his successor, the registered agent or the registered licensee on any of the following grounds, namely:— (i) that the breeder of a variety or his successor or the registered agent or registered licensee of such variety, misrepresented, or failed to disclose, some fact material to the application for registration under sub-section (4) which if accurately represented or disclosed would have justified the refusal of the application for registration of the registered agent or registered licensee; (ii) that the registration ought not to have been effected having regard to the right vested in the applicant by virtue of a contract in the performance of which he is interested; (d) may be cancelled by the Registrar on the application in the prescribed manner of the breeder of a registered variety or his successor on the ground that any stipulation in the agreement between the registered agent or the registered licensee, as the case may be, and such breeder or his successor regarding the variety for which such agent or licensee is registered is not being enforced or is not being complied with; (e) may be cancelled by the registrar on the application of any person in the prescribed manner on the ground that the variety relating to the registration is no longer existing.

Question: Under Section 28, what is one item mentioned in this provision?

Answer: that the breeder of a variety or his successor or the registered agent or registered licensee of such variety, misrepresented, or failed to disclose, some fact material to the application for registration under sub-section (4) which if accurately represented or disclosed would have justified the refusal of the application for registration of the registered agent or registered licensee


Question: Under Section 28, what is one item mentioned in this provision?

Answer: that the registration ought not to have been effected having regard to the right vested in the applicant by virtue of a contract in the performance of which he is interested


Question: What may Without prejudice to the registration under sub-section (4), the terms of registration— (a) do under this section?

Answer: be varied by the Registrar as regards the variety in respect of which, or any condition or restriction subject to which, it has effect on receipt of an application in the prescribed manner of the registered breeder of such variety or his successor


Context: (10) The registrar shall issue notice in the prescribed manner of' every application under this section to the registered breeder of a variety or his successor and to each registered agent or registered licensee (not being the applicant) of such variety. (11) The Registrar shall, before making any order under sub-section (9), forward the application made in that behalf along with any objection received by any party after notice under sub-section (10) for the consideration of the Authority, and the Authority may, after making such inquiry as it thinks fit, issue such directions to the Registrar as it thinks fit and the Registrar shall dispose of the application in accordance with such directions.

Question: Who shall issue notice in the prescribed manner of' every application under this section to the registered breeder of a variety or?

Answer: The registrar


Question: What shall The registrar do under this section?

Answer: issue notice in the prescribed manner of' every application under this section to the registered breeder of a variety or his successor and to each registered agent or registered licensee (not being the applicant) of such variety


Question: Who shall before making any order under sub-section (9), forward the application made in that behalf along with any objection rece?

Answer: The Registrar


Question: According to Section 28, what is provided regarding registration to confer right?

Answer: (2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be specified by regulations


Question: What does Section 28 state about registration to confer right?

Answer: (3) Every authorisation under this section shall be in such form as may be specified by regulations


Section 29: Exclusion of certain varieties

Context: (1) Notwithstanding anything contained in this Act, no registration of a variety shall be made under this Act in cases where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment. (2) The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers' varieties under this Act.

Question: Who shall by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties oth?

Answer: The Central Government


Question: What shall The Central Government do under this section?

Answer: by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers' varieties under this Act


Context: (3) Notwithstanding anything contained under sub-section (2) and sub-sections (1) and (2) of section 15, no variety of any genera or species which involves any technology which is injurious to the life or health of human beings, animals or plants shall be registered under this Act. Explanation.—For the purposes of this sub-section, the expression "any technology" includes genetic use restriction technology and terminator technology. (4) The Central Government shall not delete any genera or species from the list of genera or species specified in a notification issued under sub-section (2) except in the public interest.

Question: Who shall not delete any genera or species from the list of genera or species specified in a notification issued under sub-section?

Answer: The Central Government


Question: What shall The Central Government do under this section?

Answer: not delete any genera or species from the list of genera or species specified in a notification issued under sub-section (2) except in the public interest


Context: (5) Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible for any protection under this Act.

Question: Who shall not be eligible for any protection under this Act?

Answer: Any variety belonging to the genera or species excluded under sub-section (4)


Question: What shall Any variety belonging to the genera or species excluded under sub-section (4) do under this section?

Answer: not be eligible for any protection under this Act


Question: What does Section 29 state about exclusion of certain varieties?

Answer: (1) Notwithstanding anything contained in this Act, no registration of a variety shall be made under this Act in cases where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment


Question: According to Section 29, what is provided regarding exclusion of certain varieties?

Answer: (2) The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers' varieties under this Act


Section 30: Researcher's rights

Context: Nothing contained in this Act shall prevent— (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research; or (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties: Provided that the authorisation of the breeder of a registered variety is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety.

Question: What does Section 30 state about researcher's rights?

Answer: Nothing contained in this Act shall prevent— (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research


Section 30: Researcher's rights

Question: According to Section 30, what is provided regarding researcher's rights?

Answer: or (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties: Provided that the authorisation of the breeder of a registered variety is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety


Section 30: Researcher's rights

Question: Under Section 30, what is one provision mentioned regarding researcher's rights?

Answer: the use of any variety registered under this Act by any person using such variety for conducting experiment or research


Section 31: Special provisions relating to application for registration from citizens of convention countries

Context: (1) With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act. (2) Where a person has made an application for the granting of a breeder's right to a variety or for entering such variety in the official register of varieties in a convention country and that person, or any person entitled to make application on his behalf under section 14 or section 23, makes an application for the registration of such variety in India within twelve months after the date on which the application was made in the convention country, such variety shall, if registered under this Act, be registered as of the date on which the application was made in the convention country and that date shall be deemed for the purposes of this Act to be the date of registration.

Question: Within what period is the act referred to in this provision to be done?

Answer: twelve months


Question: What does Section 31 state about special provisions relating to application for registration from citizens of convention countries?

Answer: (1) With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act


Context: (3) Where applications have been made for granting of a breeder's right to a variety, or for entering such variety in the official register of varieties in two or more convention countries, the period of twelve months referred to in sub-section (2) shall be reckoned from the date on which the earlier or earliest of those applications were made. (4) Nothing in this Act shall entitle the breeder of a registered variety for infringement of rights other than protected under this Act which took place prior to the date of application of registration under this Act.

Question: What does Section 31 state about special provisions relating to application for registration from citizens of convention countries?

Answer: (3) Where applications have been made for granting of a breeder's right to a variety, or for entering such variety in the official register of varieties in two or more convention countries, the period of twelve months referred to in sub-section (2) shall be reckoned from the date on which the earlier or earliest of those applications were made


Question: According to Section 31, what is provided regarding special provisions relating to application for registration from citizens of convention countries?

Answer: (4) Nothing in this Act shall entitle the breeder of a registered variety for infringement of rights other than protected under this Act which took place prior to the date of application of registration under this Act


Section 33: Surrender of certificate of registration

Context: (1) A breeder of a variety registered under this Act may, at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration. (2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered agent or registered licensee relating to such certificate.

Question: Who may at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registrati?

Answer: A breeder of a variety registered under this Act


Question: What may A breeder of a variety registered under this Act do under this section?

Answer: at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration


Question: What may A breeder of a variety registered under this Act do under Section 33?

Answer: at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration


Context: (3) Any of such agent or licensee may, within the prescribed period after such notification, give notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar shall intimate the contents of such notice to the breeder of such variety. (4) If the Registrar is satisfied after hearing the applicant and all the opponents, if desirous of being heard, that the certificate of registration may properly be surrendered, he may accept the offer and by order revoke the certificate of registration.

Question: Who may within the prescribed period after such notification, give notice to the Registrar of his opposition to the surrender an?

Answer: Any of such agent or licensee


Question: What may Any of such agent or licensee do under this section?

Answer: within the prescribed period after such notification, give notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar shall intimate the contents of such notice to the breeder of such variety


Question: Within what period is the act referred to in this provision to be done?

Answer: the prescribed period


Question: What does Section 33 state about surrender of certificate of registration?

Answer: (1) A breeder of a variety registered under this Act may, at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration


Question: According to Section 33, what is provided regarding surrender of certificate of registration?

Answer: (2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered agent or registered licensee relating to such certificate


Section 34: Revocation of protection on certain grounds

Context: Subject to the provisions contained in this Act, the protection granted to a breeder in respect of a variety may, on the application in the prescribed manner of any person interested, be revoked by the Authority on any of the following grounds, namely:— (a) that the grant of the certificate of registration has been based on incorrect information furnished by the applicant; (b) that the certificate of registration has been granted to a person who is not eligible for protection under this Act; (c) that the breeder did not provide the Registrar with such information, documents or material as required for registration under this Act; (d) that the breeder has failed to provide an alternative denomination of the variety which is the subject matter of the registration to the Registrar in case where the earlier denomination of such variety provided to the Registrar is not permissible for registration under this Act; (e) that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory licence has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder; (f) that the breeder has not complied with the provisions of this Act or rules or regulations made thereunder; (g) that the breeder has failed to comply with the directions of the Authority issued under this Act; (h) that the grant of the certificate of registration is not in the public interest: Provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity to file objection and of being heard in the matter.

Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the grant of the certificate of registration has been based on incorrect information furnished by the applicant


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the certificate of registration has been granted to a person who is not eligible for protection under this Act


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the breeder did not provide the Registrar with such information, documents or material as required for registration under this Act


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the breeder has failed to provide an alternative denomination of the variety which is the subject matter of the registration to the Registrar in case where the earlier denomination of such variety provided to the Registrar is not permissible for registration under this Act


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory licence has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the breeder has not complied with the provisions of this Act or rules or regulations made thereunder


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the breeder has failed to comply with the directions of the Authority issued under this Act


Question: Under Section 34, what is one ground mentioned in this provision?

Answer: that the grant of the certificate of registration is not in the public interest: Provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity to file objection and of being heard in the matter


Question: Who may on the application in the prescribed manner of any person interested, be revoked by the Authority on any of the followin?

Answer: the protection granted to a breeder in respect of a variety


Question: What may the protection granted to a breeder in respect of a variety do under this section?

Answer: on the application in the prescribed manner of any person interested, be revoked by the Authority on any of the following grounds, namely:— (a) that the grant of the certificate of registration has been based on incorrect information furnished by the applicant


Question: What shall that the grant of the certificate of registration is not in the public interest: Provided that no such protection do under this section?

Answer: be revoked unless the breeder is given a reasonable opportunity to file objection and of being heard in the matter


Question: According to Section 34, what is provided regarding revocation of protection on certain grounds?

Answer: (b) that the certificate of registration has been granted to a person who is not eligible for protection under this Act


Question: Under Section 34, what is one provision mentioned regarding revocation of protection on certain grounds?

Answer: that the grant of the certificate of registration has been based on incorrect information furnished by the applicant


Section 35: Payment of annual fees and forfeiture of registration in default thereof

Context: (1) The Authority may, with the prior approval of the Central Government, by notification in the Official Gazette, impose a fee to be paid annually, by every breeder of a variety, agent and licensee thereof registered under this Act determined on the basis of benefit or royalty gained by such breeder, agent or licensee, as the case may be, in respect of the variety, for the retention of their registration under this Act. (2) If any breeder, agent or licensee fails to deposit the fees referred to in sub-section (1) imposed upon him under that sub-section in the prescribed manner up to two consecutive years, the Authority shall issue notice to such breeder, agent or licensee and on service of such notice if he fails to comply with the direction in the notice, the Authority shall declare all the protection admissible under the registration certificate issued to such breeder or agent or licensee forfeited.

Question: Who may with the prior approval of the Central Government, by notification in the Official Gazette, impose a fee to be paid annu?

Answer: The Authority


Context: (3) The arrears of fee imposed under sub-section (1) shall be deemed to be the arrears of land revenue and shall be recoverable accordingly.

Question: What shall The arrears of fee imposed under sub-section (1) do under this section?

Answer: be deemed to be the arrears of land revenue and shall be recoverable accordingly


Question: What does Section 35 state about payment of annual fees and forfeiture of registration in default thereof?

Answer: (3) The arrears of fee imposed under sub-section (1) shall be deemed to be the arrears of land revenue and shall be recoverable accordingly


Section 36: Power to cancel or change registration and to rectify the Register

Context: (1) On an application made in the prescribed manner to the Registrar by any person aggrieved, the Registrar may make such order as he may think fit for cancelling or changing any certificate of registration issued under this Act on the ground of any contravention of the provisions of this Act or failure to observe a condition subject to which such registration certificate is issued. (2) Any person aggrieved by the absence or omission from the Register of any entry, or by any entry made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, may apply in the prescribed manner to the Registrar and the Registrar may make such order for making, expunging or varying the entry as he may think fit.

Question: Who may make such order as he may think fit for cancelling or changing any certificate of registration issued under this Act on ?

Answer: On an application made in the prescribed manner to the Registrar by any person aggrieved, the Registrar


Question: What may On an application made in the prescribed manner to the Registrar by any person aggrieved, the Registrar do under this section?

Answer: make such order as he may think fit for cancelling or changing any certificate of registration issued under this Act on the ground of any contravention of the provisions of this Act or failure to observe a condition subject to which such registration certificate is issued


Context: (3) The Registrar may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of the Register. (4) The Registrar on his own motion may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2).

Question: Who may in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection wit?

Answer: The Registrar


Question: What may The Registrar do under this section?

Answer: in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of the Register


Question: Who may after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being hear?

Answer: The Registrar on his own motion


Question: What may The Registrar on his own motion do under this section?

Answer: after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2)


Question: According to Section 36, what is provided regarding power to cancel or change registration and to rectify the register?

Answer: (2) Any person aggrieved by the absence or omission from the Register of any entry, or by any entry made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, may apply in the prescribed manner to the Registrar and the Registrar may make such order for making, expunging or varying the entry as he may think fit


Question: What does Section 36 state about power to cancel or change registration and to rectify the register?

Answer: (3) The Registrar may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of the Register


Section 37: Correction of Register

Context: (1) The Registrar may, on an application in the prescribed manner by the breeder of a variety registered under this Act,— (a) correct any error in the Register in the name, address or description of such breeder or any other entry relating to such variety; (b) enter in the Register any change in the name, address or description of such breeder; (c) cancel the entry in the Register of the variety in respect of which such application is made; and may make any consequential amendment or alteration in the certificate of registration and for that purpose require the certificate of registration to be produced to him. (2) The Registrar may, on application made in the prescribed manner by a registered agent or a registered licensee of a variety and after notice to the registered breeder of such variety, correct any error, or enter any change, in the name, address or description of such registered agent or registered licensee, as the case may be, in the Register or certificate of registration issued under this Act.

Question: Who may on an application in the prescribed manner by the breeder of a variety registered under this Act,— (a) correct any error?

Answer: The Registrar


Section 37: Correction of Register

Question: What may The Registrar do under this section?

Answer: on an application in the prescribed manner by the breeder of a variety registered under this Act,— (a) correct any error in the Register in the name, address or description of such breeder or any other entry relating to such variety


Section 37: Correction of Register

Question: Who may make any consequential amendment or alteration in the certificate of registration and for that purpose require the certi?

Answer: and


Section 37: Correction of Register

Question: What may and do under this section?

Answer: make any consequential amendment or alteration in the certificate of registration and for that purpose require the certificate of registration to be produced to him