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In force

The Protection of Plant Varieties and Farmers Rights Act, 2001

89 sections · As amended up to 2026-08

Sections

  1. VI — FARMERS' RIGHTS
  2. 1The words "or the Tribunal" omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021)
  3. I — PRELIMINARY
  4. 2Definitions
  5. II — PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS AUTHORITY AND REGISTRY
  6. 3Establishment of Authority
  7. 4Meetings of Authority
  8. 5Committees of Authority
  9. 6Officers and other employees of Authority
  10. 7Chairperson to be Chief Executive
  11. 8General functions of Authority
  12. 9Authentication of orders, etc., of Authority
  13. 10Delegation
  14. 11Power of Authority
  15. 12Registry and offices thereof
  16. 13National Register of Plant Varieties
  17. III — REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY
  18. 14Application for registration
  19. 15Registrable varieties
  20. 16Persons who may make application
  21. 17Compulsory variety denomination
  22. 18Form of application
  23. 19Test to be conducted
  24. 20Acceptance of application or amendment thereof
  25. 21Advertisement of application
  26. 22Registrar to consider grounds of opposition
  27. 23Registration of essentially derived variety
  28. IV — DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
  29. 24Issue of certificate of registration
  30. 25Publication of list of varieties
  31. 26Determination of benefit sharing by Authority
  32. 27Breeder to deposit seeds or propagating material
  33. 28Registration to confer right
  34. 29Exclusion of certain varieties
  35. 30Researcher's rights
  36. 31Special provisions relating to application for registration from citizens of convention countries
  37. 32Provisions as to reciprocity
  38. V — SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER
  39. 33Surrender of certificate of registration
  40. 34Revocation of protection on certain grounds
  41. 35Payment of annual fees and forfeiture of registration in default thereof
  42. 36Power to cancel or change registration and to rectify the Register
  43. 37Correction of Register
  44. 38Alteration of denomination of a registered variety
  45. VI — FARMERS' RIGHTS
  46. 40Certain information to be given in application registration
  47. 41Rights of communities
  48. 42Protection of innocent infringement
  49. 43Authorisation of farmers' variety
  50. 44Exemption from fees
  51. 45Gene Fund
  52. 46Framing of schemes, etc
  53. VII — COMPULSORY LICENCE
  54. 47Power of Authority to make order for compulsory licence in certain circumstances
  55. 48When requirement of public deemed to have not been satisfied
  56. 49Adjournment of application for grant of compulsory licence
  57. 50Duration of compulsory licence
  58. 51Authority to settle terms and conditions of licence
  59. 52Revocation of compulsory licence
  60. 53Modification of compulsory licence
  61. VIII — 1[APPEALS]
  62. 56Appeals to
  63. 57Orders of[2] [High Court]
  64. IX — FINANCE, ACCOUNTS AND AUDIT
  65. 60Grants by Central Government
  66. 61Authority Fund
  67. 63Financial and administrative powers of the Chairperson
  68. X — INFRINGEMENT, OFFENCES, PENALATIES AND PROCEDURE
  69. 64Infringement
  70. 65Suit for infringement, etc
  71. 66Relief in suits for infringement
  72. 67Opinion of scientific adviser
  73. 68Prohibition to apply the denomination of a registered variety
  74. 69Meaning of falsely applying denomination of a registered variety
  75. 70Penalty for applying false denomination, etc
  76. 71Penalty for selling varieties to which false denomination is applied, etc
  77. 72Penalty for falsely representing a variety as registered
  78. 73Penalty for subsequent offence
  79. 74No offence in certain cases
  80. 75Exemption of certain persons employed in ordinary course of business
  81. 76Procedure where invalidity of registration is pleaded by the accused
  82. 77Offences by companies
  83. XI — MISCELLANEOUS
  84. 78Protection of security of India
  85. 80Death of party to a proceeding
  86. 81Right of registered agent and the registered licensee to institute suit
  87. 83Authority, Registrar and other officers not compellable to production of Register, etc
  88. 84Document open to public inspection
  89. 85Report of Authority to be placed before Parliament
  90. 86Government to be bound
  91. 87Proceedings before Authority or Registrar
  92. 88Protection of action taken in good faith
  93. 89Bar of jurisdiction
  94. 90Members and staff of Authority, etc., to be public servants
  95. 91Exemption from tax on wealth and income
  96. 92Act to have overriding effect
  97. 93Power of Central Government to give directions
  98. 94Power to remove difficulties
  99. 95Power to make regulations
  100. 96Power of Central Government to make rules
  101. 97Rules, regulations and schemes to be laid before Parliament