Section 57 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi — Orders of High Court

Bare section text

Official Legislative Text

(1)The 1[High Court] may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.
(2)The 1[High Court] may, at any time within thirty days from the date of the order, with a view to rectifying the mistake apparent from the record, amend any order passed by it under sub-section (1), and make such amendment if the mistake is brought to its notice by the appellant or the opposite party.
(3)In every appeal, the 1[High court] may, where it is possible, hear and decide such appeal within a period of one year from the date of filing of the appeal.
(4)The 1[High Court] shall send a copy of any order passed under this section to the Registrar. 2*****

Educational Study Layer

Summary

The Central Government must set up a specific fund named the National Gene Fund.
This fund is financed through benefit sharing payments, annual breeder royalties, community compensation deposits, and outside contributions.
The money in the fund is used to pay out benefit sharing amounts to eligible claimants.
It also funds the compensation ordered for village or local communities under community rights.
The fund pays for conserving plant genetic resources and helps panchayats do conservation work.
It covers the expenses of executing benefit sharing schemes that are officially framed under the law.

Practical examples

1In May 2024, the National Gene Fund received a deposit of 1,000,000 rupees. This money came from a multinational seed firm as part of their annual royalty under Section 35. In December 2024, the fund disbursed 250,000 rupees to help a village panchayat in Kerala build a community seed bank to conserve traditional ginger varieties.

2Under a compensation order from Section 41, a registered breeder deposited 300,000 rupees into the National Gene Fund in October 2025. The fund administrators then processed this money and paid it out to the local tribal council of Bastar, whose traditional knowledge had helped develop the breeder's variety.

FAQ

1. How does the High Court handle plant variety appeals under the plant variety protection law Section 57?

Under Section 57 of the plant variety protection law, the High Court will give both sides a fair chance to be heard and then pass whatever orders it thinks are appropriate.

2. Can the High Court correct mistakes in its own decisions under the 2001 Act Section 57?

Yes, under Section 57 of the 2001 Act, if there is an obvious mistake in the record, the High Court can amend its order within thirty days from the date of the decision. This correction can be initiated by the Court or brought to its notice by either party.

3. Is there a time limit for resolving plant variety appeals in the High Court under the Plant Varieties Act Section 57?

According to Section 57 of the Plant Varieties Act, the High Court must try to hear and decide the appeal within one year from the date it was filed, whenever possible. A copy of the court's final order is sent to the Registrar.

Practice Quiz

Q1.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, which of the following is NOT credited to the National Gene Fund?

Q2.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what role does the local Panchayat play in relation to the National Gene Fund?

Q3.If the Authority grants community compensation under Section 41, how does Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, coordinate the flow of these funds?

Q4.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what type of conservation is funded by the National Gene Fund?

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