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Section 58 – Protection of Plant Varieties and Farmers Rights Act,2001

Protection of Plant Varieties and Farmers Rights Act,2001

Section 58. Procedure of Tribunal

(1) The powers and functions of the Tribunal maybe exercised and discharged by Benches constituted by the Chairman of the Tribunal form among the Members thereof.

(2) A Bench shall consist of one Judicial Member and one Technical Member.

(3) If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ, and the case shall be referred to the Chairman for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.

(4) Subject to the provisions of this Act, the Tribunal shall have power to regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its powers or the discharge of its functions, including the places at which the Benches shall hold their sittings.

(5) The Tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the Registrar under Section 11, and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of Section193 and 228 and for the purpose of Section 196 of the Indian Penal Code,1860 (45 of1860), and the Tribunal shall be deemed to be a civil court for all the purposes of Section 195 and Chapter 26 of the Code of Criminal Procedure,1973 (2 of 1974).

(6) Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no’ interim order (whether by way of injunction or stay or any other manner) shall be made on, or in, any proceedings relating to an appeal unless-

(a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and

(b) opportunity is given to such party to be heard in the matter.

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Protection of Plant Varieties and Farmers Rights Act,2001

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