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Section 95 – Protection of Plant Varieties and Farmers Rights Act,2001

Protection of Plant Varieties and Farmers Rights Act,2001

Section 95. Power to make regulations

(1) The Authority may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) duties and jurisdiction of the Registrar under sub-section (4) of Section 12 ;

(b) the term of office and the conditions of service of the Registrars under subsection (5) of Section 12;

(c) the criteria of distinctiveness, uniformity and stability for registration of extant variety under sub-section (2) of Section 15 ;

(d) the manner in which a single and distinct denomination to a variety shall be assigned by the applicant under sub-section (1) of Section 17;

(e) the matters governing the assignment of denomination to a variety under subsection (2) of Section 17;

(f) the time within which the Registrar may require the applicant to propose another denomination under sub-section (3) of Section 17;

(g) the form of application under clause (d) of sub-section (1) of Section 18 ;

(h) the standards for evaluating seed during tests under sub-section (1) of Section19;

(i) the quantity of seeds or propagating material including parental line seeds to be deposited by a breeder and the time to be specified under sub-section (1) of Section 27;

(j) the limitations and conditions subject to which a breeder may authorise a person to produce, sell, market or otherwise deal with variety under sub-section (2) of Section 28;

(k) the form for authorisation under sub-section (3) of Section 28.

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Protection of Plant Varieties and Farmers Rights Act,2001

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