Plant Varieties (Proprietary Rights) Act, 1980


14.—(1) Any person who is aggrieved by a decision by the Controller under section 4 (8), 4 (9), 5 (1), 5 (2), 8 (1), 8 (2), 8 (7), 10 (3), 16 (3), 16 (4) or 22 (1) of this Act may within the period specified in Article 5 of the Second Schedule to this Act serve on the Controller a notice of appeal to the Appeal Committee against the decision, and the Appeal Committee may allow or refuse to allow the appeal, and on determining such appeal the Appeal Committee may exercise any of the powers exercisable by the Controller in relation to the matters to which the appeal relates.

(2) (a) In case the Controller receives a notice of appeal under this section, he shall forthwith inform the Minister of such receipt and, on being so informed, the Minister shall as soon as may be appoint not less than three persons to hear the appeal, of whom one shall be a barrister of not less than five years' standing (which persons are hereby authorised to hear the appeal).

(b) The Appeal Committee may, in confirming a decision of the Controller to grant a licence under section 8 (2) of this Act, modify any of the terms or conditions of the licence.

(3) The persons appointed under this section to hear an appeal are in this Act referred to as “the Appeal Committee”.

(4) Where an appeal is determined by the Appeal Committee, the Controller shall, as soon as may be, comply with such directions (if any) as are given to him by the Appeal Committee for the purpose of giving effect to the determination.