Protection of Plant Varieties and Farmers’ Rights AuthorityCentral

Section 3 of The Protection of Plant Varieties and Farmers Rights Act, 2001

(1)The Central Government shall, by notification in the Official Gazette, establish an authority to be known as the Protection of Plant Varieties and Farmers Rights Authority for the purposes of this Act.
(2)The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(3)The head office of the Authority shall be at such place as the Central Government may, by notification in the Official Gazette, specify and the Authority may, with the previous approval of the Central Government, establish branch offices at other places in India.
(4)The Authority shall consist of a Chairperson and fifteen members.
(5)(a) The Chairperson, to be appointed by the Central Government, shall be a person of outstanding caliber and eminence, with long practical experience to the satisfaction of that Government especially in the field of plant varietal research or agricultural development.
1. (b)The members of the Authority, to be appointed by the Central Government, shall be as follows, namely:--
  1. (i)the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio;
  2. (ii)the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex officio;
  3. (iii)the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio;
  4. (iv)the Horticulture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio;
  5. (v)the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio;
  6. (vi)one member not below the rank of Joint Secretary to the Government of India to represent the Department of Bio-technology, Government of India, ex officio;
  7. (vii)one member not below the rank of Joint Secretary to the Government of India to represent the Ministry of Environment and Forests, Government of India, ex officio;
  8. (viii)one member not below the rank of Joint Secretary to the Government of India to represent the Ministry of Law, Justice and Company Affairs, Government of India, ex officio;
  9. (ix)one representative from a National or State level farmers organisation to be nominated by the Central Government;
  10. (x)one representative from a tribal organisation to be nominated by the Central Government;
  11. (xi)one representative from the seed industry to be nominated by the Central Government;
  12. (xii)one representative from an agricultural University to be nominated by the Central Government;
  13. (xiii)one representative from a National or State level womens organisation associated with agricultural activities to be nominated by the Central Government; and
  14. (xiv)two representatives of State Governments on rotation basis to be nominated by the Central Government.
2. (c)The Registrar-General shall be the ex officio member-secretary of the Authority.
(6)The term of office of the Chairperson and the manner of filling the post shall be such as may be prescribed.
(7)The Chairperson shall appoint a Standing Committee consisting of five members, one of whom shall be a member who is a representative from a farmers' organisation, to advise the Authority on all issues including farmers rights.
(8)The Chairperson shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may be prescribed. The allowances for non-official members for attending the meetings of the Authority shall be such as may be prescribed.
(9)The Chairperson may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office.
(10)On the resignation of the Chairperson or on the vacation of the office of the Chairperson for any reason, the Central Government may appoint one of the members to officiate as Chairperson till a regular Chairperson is appointed in accordance with clause (a) of sub-section (5).

Summary

It mandates the Central Government to establish the Protection of Plant Varieties and Farmers' Rights Authority.
It defines the Authority as a body corporate with a common seal, perpetual succession, and the power to own property and enter contracts.
It structures the Authority to consist of a Chairperson and fifteen members appointed by the Central Government.
It requires the Chairperson to appoint a five-member Standing Committee, including a farmers' representative, to advise on farmers' rights.
It details the composition of the fifteen members, combining ex officio government officials, representatives from farmer, tribal, and women's groups, the seed industry, agricultural universities, and state governments.

Practical examples

1The Central Government sets up the official headquarters of the new plant varieties authority in New Delhi. This body can sign a lease for its office space and purchase computers in its own corporate name because Section 3 makes it a body corporate.

2Dr. Anil, a renowned agricultural researcher with twenty years of experience in crop genetics, is selected by the Central Government to serve as the Chairperson. Under Section 3, he appoints a five-member standing committee, including a representative from a local farmers' cooperative, to advise on protecting traditional seeds.

FAQ

1. What is the composition of the Protection of Plant Varieties and Farmers' Rights Authority?

Under Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the Authority consists of a Chairperson and fifteen members appointed by the Central Government.

2. What are the qualifications required for the Chairperson under the plant varieties law?

According to Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the Chairperson must be a person of outstanding caliber and eminence with long practical experience in plant varietal research or agricultural development.

3. How are farmers represented in the plant variety protection Authority's structure?

Under Section 3 of the plant variety protection law, the members must include one representative from a national or state level farmers' organisation, and the Chairperson must appoint a five-member Standing Committee that includes a farmers' representative to advise on farmers' rights.

4. What happens if the Chairperson of the Authority resigns?

Under Section 3 of the farmers' rights Act, the Chairperson can resign by giving written notice to the Central Government, which may then appoint one of the existing members to officiate as Chairperson.

Test yourself

Q1.Under Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, who appoints the Chairperson and members of the Authority?

Q2.Under Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, who serves as the ex officio member-secretary of the Authority?

Q3.Under Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the Chairperson must appoint a Standing Committee to advise the Authority. How many members are on this committee, and who must be included?

Q4.Under Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, which of the following is NOT an ex officio government official on the Authority?

Q5.Under Section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what corporate status is given to the Authority?

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