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The Protection of Plant Varieties and Farmers Rights Act, 2001
Section 86

1Short title, extend and commencement
2Definitions
3Establishment of Authority
4Meetings of Authority
5Committees of Authority
6Officers and other employees of Authority
7Chairperson to be Chief Executive
8General functions of Authority
9Authentication of orders, etc., of Authority
10Delegation
11Power of Authority
12Registry and offices thereof
13National Register of Plant Varieties
14Application for registration
15Registrable varieties
16Persons who may make application
17Compulsory variety denomination
18Form of application
19Test to be conducted
20Acceptance of application or amendment thereof
21Advertisement of application
22Registrar to consider grounds of opposition
23Registration of essentially derived variety
24Issue of certificate of registration
25Publication of list of varieties
26Determination of benefit sharing by Authority
27Breeder to deposit seeds or propagating material
28Registration to confer right
29Exclusion of certain varieties
30Researcher’s rights
31Special provisions relating to application for registration from citizens of convention countries
32Provisions as to reciprocity
33Surrender of certificate of registration
34Revocation of protection on certain grounds
35Payment of annual fees and forfeiture of registration in default thereof
36Power to cancel or change registration and to rectify the Register
37Correction of Register
38Alteration of denomination of a registered variety
39Farmers’ rights
40Certain information to be given in application for registration
41Rights of communities
42Protection of innocent infringement
43Authorisation of farmers’ variety
44Exemption from fees
45Gene Fund
46Framing of schemes, etc
47Power of Authority to make order for compulsory licence in certain circumstances
48When requirement of public deemed to have not been satisfied
49Adjournment of application for grant of compulsory licence
50Duration of compulsory licence
51Authority to settle terms and conditions of licence
52Revocation of compulsory licence
53Modification of compulsory licence
54Tribunal
55Composition of Tribunal
56Appeals to High Court
57Orders of High Court
58Procedure of Tribunal
59Transitional provision
60Grants by Central Government
61Authority Fund
62Budget, accounts and audit
63Financial and administrative powers of Chairperson
64Infringement
65Suit for infringement, etc
66Relief in suits for infringement
67Opinion of scientific adviser
68Prohibition to apply denomination of a registered variety
69Meaning of falsely applying denomination of a registered variety
70Penalty for applying false denomination, etc
71Penalty for selling varieties to which false denomination is applied, etc
72Penalty for falsely representing a variety as registered
73Penalty for subsequent offence
74No offence in certain cases
75Exemption of certain persons employed in ordinary course of business
76Procedure where invalidity of registration is pleaded by the accused
77Offences by companies
78Protection of security of India
79Implied warranty on sale of registered variety, etc
80Death of party to a proceeding
81Right of registered agent and the registered licensee to institute suit
82Evidence of entry in Register, etc., and things done by the Authority and the Registrar
83Authority, Registrar and other officers not compellable to production of Register, etc
84Document open to public inspection
85Report of Authority to be placed before Parliament
86Government to be bound
87Proceedings before Authority or Registrar
88Protection of action taken in good faith
89Bar of jurisdiction
90Members and staff of Authority, etc., to be public servants
91Exemption from tax on wealth and income
92Act to have overriding effect
93Power of Central Government to give directions
94Power to remove difficulties
95Power to make regulations
96Power of Central Government to make rules
97Rules, regulations and schemes to be laid before Parliament

Section 86

The Protection of Plant Varieties and Farmers Rights Act, 2001

Section 86. Government to be bound

The provisions of this Act shall be binding on the Government.

Cite this provision

Section 86, Protection of Plant Varieties and Farmers Rights Act, 2001

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Section 85Report of Authority to be placed before Parliament Section 87Proceedings before Authority or Registrar

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