Procedure in case of Default/ Recovery of Annual/ Renewal Fees under Section 35 (2) of PPV&FR Act, 2001 and Section 24 (6) of PPV&FR Act, 2001 read with Rule 39 of PPV&FR Rules, 2003
The PPV&FR Authority in its 23rd Meeting has approved the following procedure in case of default/ recovery of annual and renewal fees. The procedure as approved by the Authority is provided hereunder:- Under section 35 of PPV&FR Act, 2001 every registered breeder, agent and licensee has to pay Annual fees. The Annual fee is notified in the Gazette of India dated 26.08.2009. Under section 35 if Annual fee is not paid for two consecutive years a forfeiture notice is issued and registration is forfeited if the annual fee due is not paid and the arrears if any is recovered as arrears of land revenue. Under section 35 of the PPV&FR Act 2001, the following procedure is proposed in case of default in payment of Annual fee.
- Forfeiture notice will be issued to defaulters (two years consecutive) in payment of Annual fee granting time for payment of annual fee co-terminus with expiry of two year default period.
- If still annual fee is not paid registration will be forfeited and National Register will be mutated and the details of forfeiture will be published in PVJ.
- An agenda has already been moved to delegate powers to the officer who will take steps for forfeiture in case of default in payment of annual fee.
Under section 24 (6)(iii) of PPV&FR Act, 2001 every registered breeder has to pay Renewal fee (notified in the Second Schedule of PPV&FR Rules, 2003) for the extended period of registration (9 years in case of all crops). The renewal fees has to be paid between four and half to fifth year of registration in case of field crops and seven and half to eighth year of registration in case of trees and vines. The Renewal fee has to be paid in one lump sum. In accordance with section 24 read with Rule 39 the following procedure will be followed:
- A Notice will be issued for payment of Renewal fee during 4th year of registration in case of field crops and 7th year of registration in case of trees and vines.
- On default of payment of Renewal fee, the registered variety will not be renewed. And the registration certificate will be forfeited and mutations will be made in the National Register
- The officer empowered to deal annual fee will deal with renewal fee also.
- The fact of Renewal including period of registration, name and address of right holders will be published in the PVJ. The varieties which have defaulted in payment of renewal fee will also be published in PVJ
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