Section 20 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)On receipt of an application under section 14, the Registrar may, after making such inquiry as he thinks fit with respect to the particulars contained in such application, accept the application absolutely or subject to such conditions or limitations as he deems fit.
- (2)Where the Registrar is satisfied that the application does not comply with the requirements of this Act or any rules or regulations made thereunder, he may, either--
- (a)require the applicant to amend the application to his satisfaction; or
- (b)reject the application: Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity of presenting his case.
Summary
- This section outlines the Registrar's authority to evaluate, accept, request changes to, or reject an application for registration.
- It allows the Registrar to perform any necessary investigations to verify the details provided in the application.
- It permits the Registrar to approve an application completely or to attach specific conditions or limits to the approval.
- It obligates the Registrar to give the applicant a fair hearing and a reasonable opportunity to argue their case before any rejection can take place.
Practical examples
FAQ
1. What can the Registrar do when they receive an application under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar can make any inquiry they think fit and then accept the application absolutely, accept it with conditions, require the applicant to amend it, or reject it.
2. Can the Registrar reject a plant variety application without warning under Section 20 of this Act?
No, under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar cannot reject any application unless the applicant has been given a reasonable opportunity of presenting their case.
3. What options does the Registrar have if an application does not meet the Act's rules under Section 20?
Under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001, if an application does not comply, the Registrar can either require the applicant to amend the application to their satisfaction or reject the application.
Test yourself
Q1.Under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001, how can the Registrar accept an application?
Q2.Under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what must occur before the Registrar can reject an application?
Q3.Under Section 20 of the Protection of Plant Varieties and Farmers Rights Act, 2001, if the Registrar finds that an application does not comply with the rules, what are the two possible outcomes?
Q4.Under Section 20 and Section 19 of the Protection of Plant Varieties and Farmers Rights Act, 2001, if the Registrar's inquiry or Section 19 seed tests reveal that the application contains errors, what is the first step the Registrar can take instead of rejecting the file?