Section 53 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
53. Procedure on application for revocation under rule 52. - (1) The Authority shall issue notice in Form O-8 of the Third Schedule, to the registered breeder of any application received by it under rule 52.
(2)(a)In case the registered breeder intends to oppose the application for revocation of protection, he shall, within three months from the date of receipt of such notice, give notice of opposition to the Authority in Form PV-16 of the First Schedule, and shall send therewith a written statement, setting out the facts upon which he bases his case and the relief sought.(b)The Registrar shall serve the notice of opposition alongwith the written statement received by him to the applicant.(3)If the applicant desires to contest the opposition, he shall file or leave at the appropriate office, a reply setting out the grounds upon which the opposition is contested, within a period of three months from the date of receipt of the copy of the written statement by him under sub-rule (2) and deliver to the opponent a copy thereof.(4)(a)The applicant and the registered breeder may make an application to the [Journal] in Form PV-17 of the First Schedule, seeking an opportunity of being heard.(b)The [Journal] [Substituted 'Registrar' by Notification No. G.S.R. 494(E), dated 15.6.2015 (w.e.f. 12.9.2003).] may, on receipt of such application, fix such time and place for hearing and issue notice to the parties accordingly and the interested parties may appear and give or file evidence in support of his case.(c)The [Journal] [Substituted 'Registrar' by Notification No. G.S.R. 494(E), dated 15.6.2015 (w.e.f. 12.9.2003).] may, accept or refuse the application or accept it subject to any condition, amendments, modifications or limitations and shall, accordingly inform the parties in writing.(5)If the Authority accepts the application for revocation of the plant variety, it may direct, by order, the registered breeder to return the certificate of registration and on receipt of such a certificate, the Registrar shall by order notify the revocation of the plant variety in the [Journal] [Substituted 'Official Gazette' by Notification No. G.S.R. 494(E), dated 15.6.2015 (w.e.f. 12.9.2003).].
