Section 10 of The Protection of Plant Varieties and Farmers Rights Act, 2001
The Authority may, by general or special order in writing, delegate to the Chairperson, any member or officer of the Authority subject to such conditions or limitations, if any, as may be specified in the order, such of its powers and functions (except the power to make regulations under section 95) under this Act as it may deem necessary.
Summary
- The authority can delegate its powers and functions to certain individuals.
- It can delegate these powers to the chairperson, any member, or any officer of the authority.
- The delegation of powers must be done in writing using a general or special order.
- The delegated power can have specific conditions or limits attached to it by the authority.
- The authority is strictly prohibited from delegating its power to make regulations under Section 95.
Practical examples
FAQ
1. Who can the Authority delegate its powers to under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority can delegate its powers to the Chairperson, any member, or any officer of the Authority.
2. What power is explicitly excluded from delegation under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority cannot delegate the power to make regulations under Section 95.
3. Does a delegation order under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001 have to be in writing?
Yes, under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, delegation must be done by a general or special order in writing.
4. Can the Authority place limits on delegated powers under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, delegation is subject to such conditions or limitations as may be specified in the written order.
Test yourself
Q1.Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following powers is the Authority strictly prohibited from delegating?
Q2.Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what instrument must the Authority use to delegate its powers or functions?
Q3.Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, to whom can the Authority delegate its powers and functions?
Q4.Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what can the Authority specify in its written order when transferring its powers?
Q5.Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority delegates a function to an officer. Which other section of the Act governs how that officer is appointed and their conditions of service?
Q6.Under Section 10 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority delegates certain administrative powers to its Chief Executive. Which section of the Act designates the Chairperson as this Chief Executive?