The Protection of Plant Varieties and Farmers Rights Act, 2001
CHAPTER II: PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY
PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY
Section 10: Delegation
Bare Act
The Authority may, by general or special order in writing, delegate to the Chairperson, any member or officer of the Authority subject to such conditions or limitations, if any, as may be specified in the order, such of its powers and functions (except the power to make regulations under section 95) under this Act as it may deem necessary.
Simplified Act
The Authority has the power to assign some of its responsibilities and powers to the Chairperson, a member, or an officer of the Authority. This can be done through a written order that is either general or… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a government body called the 'Plant Varieties Authority' responsible for protecting plant varieties. This Authority has many powers and functions under the law to manage plant variety registrations, promote breeding, and protect breeders' rights. The Authority is made up of many members and also has a Chairperson.
Now, let's say the Authority is overwhelmed with the number of applications for new plant varieties and needs to process them more efficiently. The Authority decides to delegate the power to review and approve these applications to the Chairperson. They issue a written order stating that the Chairperson can now handle these specific tasks, which were originally the Authority's responsibility. This allows the applications to be processed faster, without waiting for the full Authority to meet and decide on each one.
However, the Authority specifies in the order that the Chairperson cannot make new rules or regulations; this power remains with the full Authority. This delegation helps streamline the process while ensuring that major decisions like rule-making stay with the entire Authority.
