Rule, 2012

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

the? 'Gfo fie mo~3soo4l99 REGDNO. D. L-33004/99 Elke Gazettmg of findia

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 640] NEW DELHI, TUESDAY. DECEMBER 18, 2012/AGRAHAYANA 27, 1934 WW (man-rummm 3mm:

flfifii’r, 17 m, 2012 mfimfimmmt, 3min:— 2012b 2 (fid‘mfimafitmmmfim 2003 (mmmmwfimmwwinmwzz fimfiafiwmmmfimisfiaw, WWW"! m I 22.1: firmzmwmrfimzzufifimfimfimmwhmmfifififiwmfixfiufiaflz Wfimfifimmfi‘fimfififimmfimm I" 'mefi s.

mem— ($151151wa (10mm 1500 w} 750 m 20001711131 ‘1‘! WWW} mmmemfi mummmmmaa Warm“ 500w} looowflfifmwfmn em) mmmmmfi'fism 2% WMW 1:171 ion fiifiafitmfimw ”murmmrfifiufi:

muffimfifimfiafiw 3111211511 fifimfim mmemmgm all We}mm m1". .

fawn: 2} all! mmmfi. 843(31) 31013 30 mm, 2004, 111311.151. 731(31)aril1§114 m, 2008. 17 m, 2009 silt mmfi. 949(31) mile 3 flair, 2010 meififimfimm 111

MINISTRY OFAGRICULTURE

(Department ofAgriculture and Co-opention)

NOTIFICATION

New Delhi, the 17111 December, 2012

GS.R. 901(E).—In exercise of the powers conferred by clause (viii) of sub-section (2) of Section 96 of the Protection ofPlam Varieties and Farmers' RightsAct. 2001 (53 of2001), the Central Government hereby makes the following rules timber to amend the Protection ofPlant Varieties and Farmers’ Right Rules, 2003 namely:—

1. Short title and commencement.—— (1) These rules may be called Protection ofPlantVarieties and Farmers' Rights (Amendment) Rules, 2012.

J

(2) They shall come into force on the date of their publication in Official Gazette.

2. (a)'afier rules 22 in the Protection ofPlant Varieties and Farmers' Rights Rules, 2003 (hereinafter referred to as the principal rules), following rules shall be inserted, namely:—

(b) after Fourth Schedule, the following Schedule shall be inserted, namely:— “ 22A. Orders as to costs.— The Authority or the Registrar may make such orders as to costs as enumerated under the Fifih Schedule and as considered reasonable having regard to all the circumstances of the case 1 Provided that the Authority or Registrar may,. in its or his discretion award compensatory costs in any proceeding before it, which in its or his opinion is false or vexatious. 2213 Costs in uncontested opposition eases.—— Where any opposition duly instituted under the rules is not contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceeding might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed.

22C Exception to rule 223. —Notwithstanding anything in rule 223.costs in respect of fees specified in Second Schedule and of all stamps used on and affixed to affidavits used in the proceedings shall follow the event." “'I'HEFIFI'H SCHEDULE Scale of costs allowable under section 11(b) in respect of proceedings before the Authority or the Registrar.

SLNo. Matters in respect of which costs to be awarded Amount

1. For one day's hearing involving examination of witnesses Rs. 1500 i For one day's hearing when there is no examination of witnesses. Rs. 750 For adjournment ofhearing granted on the Petition of any party. Rs. 2000 plus actual cost for petition for resummoning the other parties' witnesses who were due to be examined on the day.

For striking out scandalous matter fi'om an affidavit Rs. 500 For (a) attendance of witnesses Rs. 1000 (vide note below)

(b) Subsistence allowance The fare by rail or air or steamer for the firstclass or the second class each way and if there is no rail ormanner communication depending upon the rank and status of the witness:

Provided that the rates of subsistence allowance and travelling allowance forwitness shall vary according to the status of the witness subject to the maximum prescribed".

Note:— The principal rules were published in the Gazette ofIndia, Part II, Section 3, Sub-section (i) by G. SR. 738 (E), dated the 12th September, 2003 and subsequently amended by G. SR. 843 (E), dated the 30th December, 2004, G 5.11.731 (E), datedthe 1401 October, 2008, (1 SR 3 19 (E), dated the 11th May, 2009, (2 SR. 783 (E), dated the Printed by the Manager, Government of lndia Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Protection of Plant Varieties and Farmers Rights Act, 2001