The Protection of Plant Varieties and Farmers' Rights Act, 2001
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 his 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 Registrars under sub-section (4) of section 12;
b. the term of office
and the conditions of service of the Registrars under sub-section (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 plant variety under sub-section (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 seeds during tests under sub-section (1) of section 19;
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;