Section 29 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
29. Manner and method for conducting tests under section 19. - (1) (a) The Authority shall charge separate fees for conducting DUS test and special test on each variety.
(b)The special tests shall be conducted only when DUS testing fails to establish the requirement of distinctiveness.(c)[ The DUS testing shall be field and multi-location based for at least two similar crop seasons and special tests will be laboratory based:Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of three experts shall visit the On-farm test sites for two similar crop seasons as may be specified.](d)The fee for DUS and special tests shall be such as provided in column (3) of the Second Schedule for the purpose.(2)If the Registrar, after initial scrutiny of the application for registration, is satisfied that the application is in order, he shall notify the applicant to deposit the requisite fee, as specified in column (3) of the Second Schedule, within a period of two months for conducting the DUS test.(3)On receipt of the fee, demanded under sub-rule (1), the Registrar shall consider the application for further processing.(4)[ The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and for varieties notified under section 5 of the Seeds Act, 1966 (54 of 1966).
