Section 22 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
22. General functions of the Authority. - (1) The Authority shall advice the Central Government in relation to the provisions contained in the sub-section (2) of section 29 for specifying and notifying the genera and species for the purposes of registration of new plant varieties other than extant varieties and farmers' varieties.
(2)[ The Authority shall register extant varieties under clause (a) of sub-section (2) of section 8 of section 8 of such genera or species and within such period as may be determined by it with suitable test criteria to conform distinctiveness, uniformity and stability (hereinafter referred to as DUS) of such genera or species shall be specified in the Plant variety Journal of India.](2A)[ The Authority shall register extant varieties (other than farmers variety), if at the date of filing of the application for registration, such variety has not been sold or otherwise disposed of for the purposes of exploitation of such variety for a period of eighteen years in case of trees and vines and fifteen years in other cases.] [Inserted by Notification No. G.S.R. 494(E), dated 15th June, 2015 (w.e.f. 12.9.2003).](3)The Authority shall develop DUS test and other test criteria and conduct such tests for characterization of each variety of crop species notified by the Central Government.(4)The Authority shall compile and maintain a database on all varieties of common knowledge including all registered extant and farmers' varieties and such varieties being cultivated outside India for each crop species prior to grant for registration for new varieties belonging to such species.(5)The Authority shall be entitled to call for and procure the details of any crop variety under use in the country for the purpose of bringing the same into its database.(6)Any public or private institution, community or individual involved in the production and use of seed of such varieties shall be required to provide full information on its characteristics or and a true sample of seed of such variety.(7)The Authority shall keep a record of the production and sale of seed of all registered varieties.(8)It shall be necessary for all breeders of registered varieties to supply certified figures on annual seed production and sales to the Authority within a period not exceeding three months from the completion of such reporting period.(9)The Authority, if required shall also be entitled to call for such figures specifically relating to any region of the country.[22A. Order as to costs. - The Authority or the Registrar may make such orders as to costs as enumerated under the Fifth Schedule and as considered reasonable having regard to all the circumstanes of the case: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.
