Section 51 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
51. Procedure on application for surrender of certificate of registration under section 33. - (1) The Registrar shall give notice in Form O-7 of the Third Schedule, every notice of offer made under rule 50 to the registered agent or the licensee relating to such certificate.
(2)(a)Any person who has been given a notice of surrender of certificate of registration under sub-rule (1), who intends to oppose the surrender, shall within three month of the receipt of such notice, give notice of opposition to the Registrar in Form PV-13 of the First Schedule, and shall send therewith a written statement setting out the nature of the opponents' interest, the facts relied upon alongwith the notice of opposition.(b)The Registrar shall thereupon 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 statement setting out fully the grounds upon which the opposition is contested, within a period of three month 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)The applicant or any person to whom a notice under sub-rule (1) has been issued may, make an application to the Registrar in Form PV-14 of the First Schedule, for seeking an opportunity of being heard.(5)On receipt of an application, under sub-rule (4), the Registrar may fix the time and place of hearing and issue notice to the parties accordingly and the interested parties may appear and give or file evidence in support of their case.(6)The Registrar 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.(7)If the Registrar accepts the registered breeder's offer of surrender of the plant variety, he shall by order direct the registered breeder to return the certificate of registration and on receipt of such certificate, the Registrar shall, by order, notify the surrender in the Official Gazette.
