Plant Varieties (Proprietary Rights) Act, 1980

Controller of Plant Breeders' Rights.

3.—(1) There is hereby established an office to be known as the Controller of Plant Breeders' Rights which office shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name.

(2) (a) The Minister shall as occasion requires appoint a person (which person may be an officer of the Minister) to fill the office of Controller and every person appointed under this subsection shall hold office for such term and, subject to paragraph (b) of this subsection, on such conditions as shall be specified by the Minister when making the appointment.

(b) In case the person appointed to fill the office of Controller is a person to whom subsection (9) of this section applies, he shall be paid such remuneration as the Minister, with the consent of the Minister for the Public Service, determines.

(3) The Controller shall be under the general superintendence and direction of the Minister.

(4) A person appointed under this section to be Controller whose term of office expires otherwise than by reason of his being removed from office shall be eligible for reappointment.

(5) The Minister may remove from office the person who for the time being is Controller who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour or whose removal appears to the Minister to be necessary for the effective performance by the Controller of his functions.

(6) The Controller shall, as soon as may be after the passing of this Act, provide himself with a seal.

(7) The seal of the Controller shall be authenticated by the signature of the Controller or some other person authorised by the Minister to act in that behalf.

(8) Judicial notice shall be taken of the seal of the Controller and every document purporting to be an instrument made by the Controller and to be sealed with the seal (purporting to be authenticated in accordance with subsection (7) of this section) of the Controller shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

(9) (a) The Minister may, with the consent of the Minister for the Public Service, as soon as may be make and carry out according to its terms a scheme for the granting of a pension, gratuity or other allowance to or in respect of persons to whom this subsection applies, who are required by their conditions of appointment to devote the whole of their working time to the duties of the office of Controller, on their ceasing to hold the office of Controller.

(b) A scheme under this subsection may provide that the termination of the appointment of a person to whom this subsection applies to the office of Controller during his term of office shall not preclude the award to him of a pension, gratuity or other allowance.

(c) The Minister may, with the consent of the Minister for the Public Service, amend a scheme made by him under this subsection.

(d) This subsection applies to any person who is appointed to fill the office of Controller and who, immediately before such appointment, was not an officer of the Minister.

(e) No pension, gratuity or other allowance shall be granted to the Controller nor shall any other arrangement be entered into for the provision of a pension, gratuity or other allowance on his ceasing to hold office, other than in accordance with a scheme submitted and approved of under this section.

(10) Where a decision is made by the Controller under this Act, the decision or order shall come into force—

(a) in case no appeal may be taken under this Act in respect thereof, on the day next following that on which the decision is taken,

(b) in case such an appeal may be but is not so taken, upon the expiration of the period during which such an appeal may be taken,

(c) in case such an appeal is taken and the appeal is withdrawn, on the expiration of the period mentioned in paragraph (b) of this subsection or on the day next following the day on which the appeal is withdrawn, whichever is the later.

(11) The Minister may, with the consent of the Minister for the Public Service, assign to the Controller such of the Minister's officers and servants as he may consider necessary to enable the Controller to perform the functions assigned to him by this Act.

(12) For the purposes of enabling the Controller to perform the functions assigned to him by this Act, the Minister may—

(a) make available to the Controller, subject to such conditions (if any) as the Minister shall specify, the services of persons and the use of land or other facilities which are under his control,

(b) authorise the Controller to avail of the services of persons who are neither officers nor servants of the Minister,

(c) authorise the Controller to make arrangements for the acquisition of or access to the findings of tests, trials or examinations carried out by persons in any country other than the State in relation to plant breeders' rights,

and the fees payable to persons whose services have been availed of as aforesaid or to whom such an authorisation relates shall be such amount as shall be agreed to by the Minister with the approval of the Minister for the Public Service.

(13) For the purpose of performing any function assigned to him by this Act, the Controller may carry out or cause to be carried out in relation to any plant such tests, trials, examinations or inquiries as he shall consider appropriate.