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TMI BlogEXTRACTS FROM THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 (53 OF 2001)X X X X Extracts X X X X X X X X Extracts X X X X ..... prescribed by rules made under this Act; * * * * * (y) "Tribunal" means the Plant Varieties Protection Appellate Tribunal established under section 54; (z) "Technical Member" means a Member of the Tribunal who is not a Judicial Member; * * * * * Exemption from fees. 44. A farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the Authority or Registrar or the Tribunal or the High Court under this Act or the rules made thereunder. Explanation.-For the purposes of this section, "fees in any proceeding" includes any fees payable for inspection of any document or for obtaining a copy of any decision or order or document under this Act or the rules made thereunder. * * * * * CHAPT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dge of law after he became an advocate. (3) A Technical Member shall be a person who is an eminent agricultural scientist in the field of plant breeding and genetics and possesses an experience of at least twenty years to deal with plant variety or seed development activity, or who has held the post in the Central Government or a State Government dealing with plant variety or seed development equivalent to the Joint Secretary to the Government of India for at least three years and possesses the special knowledge in the field of plant breeding and genetics. (4) The Central Government shall appoint a Judicial Member of the Tribunal to be the Chairman thereof. (5) The Central Government may appoint one of the Members of the Tribunal to be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant or the opposite party. (3) In every appeal, the Tribunal may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal. (4) The Tribunal shall send a copy of any order passed under this section to the Registrar. (5) The orders of the Tribunal under this Act shall be executable as a decree of a civil court. Procedure of Tribunal. 58. (1) The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman of the Tribunal from 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 whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gainst whom such appeal is made or proposed to be made; and (b) opportunity is given to such party to be heard in the matter. Transitional provision. 59. Notwithstanding anything contained in this Act, till the establishment of the Tribunal under section 54, the Intellectual Property Appellate Board established under section 83 of the Trade Marks Act, 1999, shall exercise the jurisdiction, powers and authority conferred on the Tribunal under this Act subject to the modification that in any Bench of such Intellectual Property Appellate Board constituted for the purposes of this section, for the Technical Member referred to in sub-section (2) of section 84 of the Trade Marks Act, the Technical Member shall be appointed under this Act and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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