Plant Protection Act, 20

(Act No. 8 of 27)

[May 9, 25]

Laws established for the establishment of plant breed conservation authority, conservation of plant varieties, registration, protection of breeders and farmer’s rights and other related provisions.

Since the contribution of farmers and breeders to agricultural development and national food security is very important;

As it is necessary to provide encouragement, guidance and support to the farmers to effectively reach the benefit of research, varieties development, seed production, use, distribution, marketing, export and breeding and conservation of varieties;

Since it is expedient to recognize the contribution of conservation resources of the breeder and farmer’s plants to the development and reproduction activities of the public and private sectors;

Since the People’s Republic of Bangladesh is a member of the World Trade Organization and is committed to adhering to the Agreement on Trade Related Aspects of Intellectual Property Rights; And

Since Bangladesh is committed to adhering to the Convention on Biological Diversity and the International Treaty of Plant Resources for Food and Agriculture; And

since it is expedient and necessary to establish an authority under the above considerations, to preserve the species of plants, to register, to preserve the rights of the breeders and farmers, and to make provisions concerning the matter;

That is why the law is as follows:

The first chapter

introduces, and so on

Short title and introduction

  1. (3) This Act shall be called the Plant Varieties Conservation Act, 20.

(2) This Act shall come into force on the date on which the Government determines, by notification in the Official Gazette.


  1. Unless there is anything repugnant to the subject or context, in this Act, –

(1) “Essentially Derived Variety” means a species which is derived from another primary species by means of descent or conversion. The following characteristics exist as a result of the combination of the genotypes or genotypes of the

breed , namely: (i) the breed being clearly different or different from the primary breed; And

(ii) the essential features of the breed are compatible with the primary breed;

(2) “authority” means the plant protection authority of a plant established under section 4;

(3) “Farmer” means a person living in Bangladesh –

(a) cultivating crops or plants on his own land or in another’s land or any cultivable place; Or

(B) appointing other persons and overseeing the cultivation work directly; Or

(c) preserve and develop wild species or widely used and common varieties, ie, landraces or peasant varieties that have been cultivating for a long time, either alone or collectively by identifying and selecting good traits;

(4) “Farmer’s rights” means the rights set forth in Article 27;

(3) “Farmer breed” means –

(a) the species invented by the farmer and the farmer who is cultivating his own land, and

(b) any breed belonging to a wild species or ancestor whose origin is unknown but the said species. Farmer’s knowledge about;

(3) “Cauliflower” means the whole, part or all of a plant’s extant species, such as seeds, germ parts, bananas and cell genes, and the genomic deoxyribonucleic acid sequence; It will also include all variations of a particular species;

(3) “Company” means any company defined in clause (d) of sub-section (1) of section 2 of the Companies Act, 3 (Act 1 of 3);

(4) “Chairman” means the Chairman of the Authority;

(3) “breed” means the species referred to in clause (1) of section 2 of the Seed Act, 24 (Act No. 8 of 24);

(4) “National Seed Board” means the National Seed Board constituted under section 4 of the Seed Act, 24 (Act No. 8 of 20);

(3) “Genetically Modified Organism” means an organically transformed organism that is altered or transformed by the use of gene technology at the molecular level, to produce new features or to reproduce new phenomena;

(12) “nomenclature” means the name of a related species or its seed or genus, which is expressed in any language by racism or simultaneous racism and number;

(3) “Exit Registration” means the Exit of Registration referred to in Section 4;

(3) “prescribed” means the rules or, as the case may be, determined by regulations;

(3) “breeder” means a person who –

(a) has breed or invented a species of plant that is new to contemporary times in Bangladesh;

(B) the employer of the person referred to in clause (a) or who has appointed him for breeding or breeding work; Or

(C) the heirs of the person referred to in clauses (a) or (b) or successors where applicable;

(4) “Regulation” means the regulations made under this Act;

(3) “Seed” means the Seed referred to in Clause (12) of Section 2 of the Seed Act, 24 (Act No. 2 of 24);

(3) “Rule” means the rules made under this Act:

(1) “Board” means the Board of Directors constituted under section 3 of this Act;

(27) “Registrar” means the Registrar appointed under section 12; And

(20) “reserved varieties” means the varieties of plants registered in accordance with the provisions of section 4.

Law prevails

  1. Whatever the law may be for the time being in force, the provisions of this Act shall prevail.

Chapter 2

establishes authority, management, functions, boards, etc.

Establish authority

  1. (4) After the enactment of this Act, the Government shall, as soon as possible, by notification in the Official Gazette, establish an authority called ‘Plant Protection Authority of the plant’.

(2) The Authority shall be a statutory body and shall have a permanent continuity and a general seal, and subject to the provisions of this Act, it shall have the power to acquire, hold and transfer property, both immovable and immovable, and may file a suit in its own name. A lawsuit can also be filed against him.

Office of the Authority

  1. (3) The Head Office of the Authority shall be at the place designated by the Government.

(2) The Authority may, if necessary, establish its branch office at any place in Bangladesh, with the prior approval of the Government.

Powers and functions of authority

  1. For the purposes of this Act, the powers and functions of the Authority shall be as follows: –

(a) Determine, publish and disseminate the population and species of the plant;

(B) registration for the preservation of plant varieties, issuing registration certificates and cancellation of registration for violation of the provisions of this Act or the rules or regulations made thereunder;

(C) determining the method of examination of the conservation application of the plant;

(D) establishing regional and international cooperation for the purpose of exchanging information related to the conservation of plants and for examining plant varieties in a more advanced manner;

(E) determining and implementing the procedure for reproductive rights, determination of tenure of rights, limitation of rights, or, in the case of suspension, termination or termination of such matters;

(F) taking steps to enforce the rights of farmers, individuals, groups or breeders;

(G) giving certificates and awards in recognition of their contribution to the innovation and development of the breed;

(H) the proper implementation, regular monitoring and evaluation of the rules or regulations made thereunder;

(I) An annual report containing details of the overall activities is prepared and presented to the Government;

(J) to fulfill the purpose of this Act, to supplement all of the accessory and other functions described above; And

(k) any other duties and functions assigned by the Government, from time to time, to the Authority.

General management and administration

  1. The general management and administration of the Authority shall be vested on the Board, and the Board may exercise and exercise all the powers that the Authority may exercise.

Formation of the Board of Directors

  1. (3) The Authority shall have a Board of Directors, consisting of the following members, namely: –

(a) the Chairman, who shall also be its Chairman;

(B) a representative of the rank of additional deputy secretary of the research division of the ministry nominated by the Ministry of Agriculture;

(C) Director (Surgemin Wing), Directorate of Agricultural Extension;

(D) Member Director (Crop), Bangladesh Agricultural Research Council;

(E) General Manager (Seeds), Bangladesh Agricultural Development Corporation;

(F) Director (Research), Bangladesh Agricultural Research Institute;

(G) Director (Research), Bangladesh Rice Research Institute;

(H) Director (Research), Bangladesh Jute Research Institute;

(I) Director (Research), Bangladesh Nuclear Agricultural Research Institute;

(J) a professor with experience in plant related matters, nominated by the Vice Chancellor of the University of Agriculture, Bangabandhu Sheikh Mujibur Rahman;

(K) Director, Seed Certification Agency;

(L) a representative of the rank of any other senior scientific officer nominated by the National Institute of Biotechnology;

(D) a representative of the rank of the other senior scientific officer nominated by the Bangladesh National Herbarium;

(3) Chief algebraist, Ministry of Agriculture;

(O) a representative nominated by the Bangladesh Seed Association;

(T) a representative nominated by the Bangladesh Koolithology and Plant Breeding Society; And

(e) the Registrar, the Plant Protection Authority of the plant, who shall also be its Member Secretary.

(2) The nominees referred to in clauses (j), (o) and (t) of sub-section (1) shall

remain in office for a period of three (three) years from the date of their nomination: provided that the Government, in the public interest, Prior to the expiry of the term, without giving any reason, the nominee may be exempted, and the nominee may at any time leave his post in a signed letter to the Chairman. There.

Board meetings, etc.

  1. (4) Subject to the other provisions of this section, the Board may determine the procedure for its meeting.

(2) The Chairman shall preside over all meetings of the Board, and in his absence, the appointed member shall preside by the Government for the discharge of the chairman’s chair, but unless such member is appointed, the senior member of the board shall preside over the meeting.

(3) A meeting of the Board shall be held every 6 (six) months, but a meeting of the Board may be convened on short notice at an urgent need.

(3) The meetings of the Board shall be convened by the Member Secretary, with the consent of the Chairman and at such date, time and place as may be determined.

(3) The quorum shall be available only in the presence of at least one-third of the total members of the board, but in the case of adjournment meetings, quorum shall not be required.

(3) Each member shall have one vote in the meeting of the Board, but in the case of equality of votes, the person presiding shall have a second or decisive vote.

(4) Only a vacancy in a member’s position or a defect in the composition of the Board shall not invalidate any function or proceeding of the Board or, hence, no question can be raised.

Chairman of the Authority

  1. (3) There shall be a Chairman of the Authority.

(2) The Chairman shall be the Executive and Chief Executive of the Authority.

(3) The Chairman shall be appointed by the Government and the terms and conditions of his service shall be determined by the Government.

(4) If the chairman becomes vacant or if the chairman is unable to perform his duties due to absence, sickness or any other reason, the chairman of the member appointed by the government shall hold the office until the newly appointed chairman takes office or the chairman is able to perform his duties again. Will do

Responsibility of the Chairman

  1. (3) The Chairman shall be responsible for carrying out the following duties in accordance with the provisions of this Act or rules or regulations made thereunder, namely: –

(a) the exercise of powers conferred under this Act for the purpose of carrying out all activities of the Authority;

(B) performing all the duties necessary for efficient management and management of the Authority;

(C) control over all employees of the Authority and their activities;

(D) implement the decision of the Board of Directors of the Authority; And

(e) to perform such other duties as may be assigned by the Board from time to time.

(2) The Chairman shall be responsible to the Government in the discharge of its duties and exercise its powers.

Registrar of Authorities

  1. (3) There shall be a registrar of the authority, who shall be appointed from among the deputy secretaries of the government or of the honorable persons.

(2) The Registrar shall perform the duties and functions assigned by the Authority and shall be responsible to the Chairman for the activities performed thereunder.

Employee recruitment

  1. (3) The Authority may appoint, as may be required by the Government, from time to time, the general and special instructions given by the Government, in accordance with the organizational structure approved by the Government for the smooth functioning of its functions.

(2) The appointment and employment conditions of the employees of the Authority shall be determined by the regulations.

The third section

discusses the masses and species of plants, species registrations, conservation, etc.

Determining the mass and species of plants, etc.

  1. (3) For the purpose of this Act, the Authority may, by notification in the Official Gazette, determine the population and species of plants.

(2) The Authority may, from time to time, take steps to preserve and publish the Web site on a regular basis by updating the masses and species of plants prescribed under sub-section (1).

Explanation.- For the purpose of this section, the term ‘plant genus’ shall refer to the plant resources or plant varieties which are useful and economically valuable for conservation of agriculture, food, medicine, nutrition and environment.

Registration of plant varieties, etc.

  1. (3) For the purpose of this Act, the breeds invented by a breeder must be registered as essential breeds or farmers varieties and GMOs.

(2) In order to register as a caste protected under sub-section (1), the authority shall apply, in the manner and form prescribed by the rules.

(3) The fee prescribed by the Rule shall be paid along with the application under sub-section (2) and shall submit the details of the technical and breeding procedure of the respective breeds in the prescribed form.

(3) An application filed under sub-section (2) must be properly examined, in the manner prescribed by the rules.

(4) The Authority shall, after examining the application filed under sub-section (1), give registration certificate as a protected species of the plant, if deemed appropriate.

(3) The stored varieties registered under this section shall be stored in a manual and digital manner in a register with necessary information.

(3) If a person wants to collect information about a protected species, he or she must apply along with the Registrar of the Authority and the Authority may provide such information in favor of the person concerned.

(3) If a breeder wishes to keep the information of the species stored in his name in the register mentioned in sub-section (1), then it must be reported to the authorities in writing and the authorities may, if deemed reasonable, identify it as confidential.

(3) Notwithstanding anything contained in sub-section (1), if any information stored in the register is identified as confidential under sub-section (1), such information shall not be provided to any person.

(4) A person who is registered under this section may at any time withdraw his registration by writing with the authority.

Applicant’s eligibility for registration, etc.

  1. (3) The following persons and institutions shall be deemed to be eligible to apply for the preservation of the plant species, namely: –

(a) Bangladeshi citizen or legal person or institution;

(B) a citizen or legal person of any other country or an institution whose office is located in Bangladesh;

(C) a citizen or legal person of Bangladesh who, while working in a foreign or foreign company or through any other cooperation, has invented new varieties of a plant, and having obtained the permission of the said country or organization, has applied for conservation under this Act;

(D) Citizens or institutions of the partner countries of the international convention or treaty where Bangladesh is a partnership;

(E) any farmer or peasant association who claims to be the authorized representative, heir and breeder of the breeder; And

(F) any institution or institute or university or authority operating in the state sense.

(2) If an employee employed by a company or breeder of a contract breeds a plant, unless there is a different condition in the terms of service or the contract executed, the head of the concerned company or the empowered employee or the hiring authority may apply.

(3) If more than one breeder develops new plant varieties, then they may submit a conservation application jointly or by one of their empowered breeders.

(3) If more than one breeder is jointly breeding or inventing new varieties of plants and is interested in collectively preserving their rights, then all of them must submit the joint conservation application in their signature.

Disqualification of applicant for registration

  1. For the purposes of this Act, a person shall not be eligible to apply for registration of a species conservation if he –

(a) violates any of the provisions of this Act or the Seeds Act, 20;

(B) the application of the following information, or, where applicable, be submitted fails, namely: –

(i) applied for variety breeding farmer’s knowledge or kaulisampada the use of evidence,

(ii) the farmer’s knowledge or kaulisampada use the farmer or farmer associations from the reproductive rights in the the terms of reference of facilities and permission to deal in the form approved by the authority, and

(iii) collected from outside Bangladesh Aulisampadera cases, the materials collected in accordance with the laws of the country and out of it for the protection of varieties of plants developed to apply in favor of the applicant;

(C) disqualified in accordance with the terms of the Biodiversity Convention or the International Treaty on Plants for Food and Agriculture; And

(d) develops a variety using deoxyribonucleic acid restoration technology or terminator technology.

Explanation.- To fulfill the purpose of this section, ‘Terminator technology or deoxyribonucleic acid restoration technology’ means the radical change of the species by which the germination capacity of the seed is hampered in the following year.

Priority of application

  1. (1) If a breeder referred to in clauses (b), (c) and (d) of sub-section (1) of section 4, applies in another country, in computing the time limit for filing an application under this Act for the preservation of the breed. Times) month priority.

(2) For the purpose of gaining priority under sub-section (1), the breeder must specify the country of the first application and the date of filing the application, in the next application.

(4) In the calculation of the term under this section, the first application must start from the date of filing.

Plant breeding conditions, etc.

  1. (3) Any plant species may be preserved if the following characteristics are present, namely: –

(a) novelty;

(B) Distinctness;

(C) Uniformity; And

(d) stability.

(2) In the new ballot referred to in clause (a) of sub-section (1), within one (one) year before the application is filed within Bangladesh for the registration of the caste reserved under this Act or three (four) years before the application is filed outside Bangladesh, or the tree and In the case of non-native plants, the application shall be made to the species which has not been sold or transferred to the plant for the first six (six) years before the application.

(3) The sale or transfer of any reserved species to another will not diminish the newness if –

A) The breeder himself or his successor reserves the right to produce the seeds of a person’s breed:

provided that the produce in such case shall be returned to the breeder or his successor; And

(b) the breed is listed on the government list for establishing life safety or for examination or business penetration and is part of meeting statutory or administrative obligations.

(3) For the purposes of this section,

in the expressly distinct bid referred to in sub-section (1) – (a) of clause (b), the caste conservation application shall mean the caste which can be clearly distinguished from the existing non-breed;

(Ii) The similarity mentioned in clause (c) shall imply that the species having such features is sufficiently similar to the characteristics of the plant species:

Provided that, although there may be diversity in respect to a particular breeding system, this variation will be within the acceptable limits of the National Seed Board; And

(e) the stability statement referred to in clause (d) shall refer to the species whose main characteristics remain unchanged at the end of the cycle of reproduction or descent.

(3) If a breeder applies for registration in another country, the breed shall be deemed to be a known breed from the date of the application.

Nomenclature of protected varieties, etc.

  1. (3) Each protected species shall be identified by a group name.

(2) If the reserved caste is registered in any name, it shall be treated as a permanent name and the name of the said caste shall remain valid even after the expiry of the registration of such caste.

(4) Naming a breed under this section shall specify the characteristics, value or identity of the breed or the identity of the breeder.

(4) It shall be different from any other species of the same plant or any other species belonging to a closely related species.

(4) If the nomenclature proposed by a breeder does not meet the requirements of sub-section (1), the Authority shall instruct the breeder to propose a different name within the stipulated time and, if such proposal is approved, the Authority may register the breed under that name.

(4) If the name suggested by a breeder cannot be used for the purpose of predestination, then the Authority may direct the breeder to submit a new nomination proposal for the breed.

(3) If the application for registration of reserved names to the authority is initially found to be correct and acceptable, the official gazette, electronic gazette (if any), web site and a widely publicized Bangla and one to inform the authorities whether anyone has any objection to the name. It will pre-publish it by publishing a circular in the English National Daily.

(4) If any objection or suggestion is made to the registration of a pre-published name in accordance with the provisions of sub-section (1), it shall be transmitted to the Authority, in writing, with the necessary documents, within a period of not more than 5 (sixty) days.

(3) The Authority shall, in view of the objections or suggestions received under sub-section (1), approve it as soon as possible without any amendment or amendment and shall make its final disclosure in the Official Gazette.

(4) After the proposal for naming under this section is adopted, if it is found that the applicant has concealed any information and illegally used and suggested the name of a farmer’s caste, then the authority may immediately cancel the nomination.

Chapter IV

Breeding rights, tenure, farmer’s rights, etc.

Breeders’ rights, and so on

  1. (3) For the use of reserved varieties as per the provisions of this Act, the approval of the breeders concerned should be obtained in the following areas, namely: –

(a) Production and reproduction;

(B) bringing in or utilizing the proper condition for the purpose of breeding;

(C) display and offer for sale;

(D) sales or otherwise marketing;

(E) import or export; And

(f) the storage of any of the purposes mentioned in clause (a) to (e).

(2) Notwithstanding anything inconsistent with this Act or the rules or regulations made thereunder, and subject to the conditions set forth in the Registration Certificate, a breeder may delegate the power of approval referred to in sub-section (1) to any other person or institution.

(4) If a person develops one or more new breeds by using the preserved breeds of a breeder one or more times, then the originator of the original breed will retain the rights of the breeder.

(3) Notwithstanding anything contained in sub-section (1), a person

shall- (a) preserve the seeds of any preserved variety produced by him for agricultural production next season; Or

(b) the use of the preserved seed mentioned in clause (a) for any other purpose, or by exchanging any other seed for his own use with another farmer; Or

(c) use of preserved varieties for research and testing needs; Or

(d) use the preserved varieties as the primary source for inventing new varieties.

(3) The Authority may restrict the rights of the breeders in the following areas, namely: –

(a) disease prevention, in accordance with the provisions of this Act for the use of the species reserved in the public interest ;

(B) protection of the environment and biodiversity;

(C) to prevent misuse of unilateral trade ie if the seed price is raised in the market by keeping the supply of preserved varieties purposefully inadequate, or if the new plant varieties are not marketed within three (three) years of registration;

(D) any critical situation related to state discipline; And

(e) any other public welfare requirement, in consideration of the Authority or the Government.

(4) The Authority may, with the approval of the Government, restrict the rights of breeders in the production, sale, distribution, import or use of the GMO, by notification in the official Gazette, to limit or, in the field, prohibit it.

(3) The Authority may, in dealing with the situation referred to in clauses (c) and (d) of sub-section (1), restrict its rights by giving the relevant breeder the opportunity of a reasonable hearing and the production, sale, distribution, importation of the reserved breed or You may grant permission to any other person or organization for use, subject to the conditions specified in sub-section (1).

(3) The permits reserved under sub-section (1) shall continue for a period of three (three) years after the registration of the breed and the appropriate remuneration shall be levied for the breeder concerned.

(4) Unless the circumstances in which the authority granted the permission mentioned in sub-section (1) does not exist, the authority may revoke such permission.

(4) If permission is withdrawn or revoked under sub-section (1), the person or institution concerned shall not be able to produce, sell, distribute, import or use reserved varieties.

Reproductive rights expire, rights suspended, terminated, and so on

  1. (3) The period for obtaining the approval of the breeders concerned for the use of the reserved species under sub-section (1) of section 28 shall be as follows: –

(a) In the case of fruit trees, other tree species and breeds of perennial species (sixteen years); And

(b) in all other plant species for fourteen (fourteen) years.

(2) The count shall commence from the date of filing of the reserved caste registration application in the calculation of the period mentioned in sub-section (1) or from the date of receipt of the priority mentioned in section 4.

(3) The Authority may, for the following reasons or reasons, declare the rights of the breeders granted under this Act to be suspended or terminated, namely: –

(a ) the caste was not new or had any distinct identity at the time of issuing the registration certificate;

(B) lack of uniformity or stability of the plant variety;

(C) if the breeder does not provide the necessary information and materials within the time prescribed by the Authority for the maintenance of the plant breed;

(D) if the breeder fails to pay within the stipulated time the registration ‘fee’ required to maintain his or her rights;

(E) if the name of a plant species is canceled after the registration has been granted and the breeder does not offer any other suitable name within the stipulated time;

(F) if the breeder does not pay the specified compensation within a specified time; And

(g) the registration certificate of the reserved caste is to be given to another person, instead of whom it is to be given, unless the certificate has been transferred to the appropriate person.

(3) The authority shall, under sub-section (1), give notice to a breeder before he may suspend or terminate his right, and may, within the timeframe mentioned in the notice, submit a report on the activities performed by him.

(3) The Authority shall analyze the report filed under sub-section (1) and take appropriate decisions regarding the suspension or termination of the breeder’s rights and such decision shall be final.

(4) If the breeder’s rights are terminated in accordance with the provisions of sub-section (1), he cannot claim any rights under this Act.

(3) After the expiry of the period mentioned in sub-section (1), the name of the respective protected species may be changed, produced, reproduced, stored, used, reused, exchanged or sold.

(4) If the legal interest of a person, including a breeder, exists in accordance with the provisions of this Act, he may appeal to the authority to declare the sole or absolute right of the breeder to be void or void.

Farmer’s rights

  1. (3) The authority shall protect and enforce the rights of the farmer, as follows: –

(a) the right to submit and preserve the application for registration and preservation of the newly invented varieties by the farmer;

(B) the rights conferred by this Act on the protected species;

(C) the right to receive an endorsement certificate or financial aid or award in the manner prescribed from the fund of a farmer or peasant association, including the conservation and development of an indigenous person’s property.

(D) the right to obtain recognition of farmers and peasants associations in preserving the perpetual knowledge of plant resources used in food, agriculture and medical fields;

(E) the right to receive the benefit arising from the breeder’s use of the reserve of the protected species of the farmer for the development of a breed;

(F) the right to participate in decision making concerning the conservation and sustainable use of plant resources; And

(G) If the name of any of the plant species traditionally used by the farmer community is registered by the public or private breeder as a species preserved in his name, then the authority may cancel it.

(2) Except for the rights set forth in sub-section (1), a farmer may produce, reproduce, preserve, use, reuse, exchange or sell seeds of preserved varieties, without the purpose of commercial marketing.

Explanation – For the purpose of this section, ‘Traditional Knowledge’ refers to all kinds of knowledge, talent and knowledge related to biodiversity and biographical practice that are prevalent in the form of written, oral, folklore and fiction and which are logical, real or figurative, symbolic. Can be linear and not the result of a single individual’s invention or effort.

Rights of individuals, associations or institutions, etc.

  1. (4) If any person, organization, association, organization or organization contributes to the invention of a protected breed, then the person, organization, association, organization or institution may apply to the authority by claiming a partnership on the rights and benefits of the breeder for registration of the respective breed. .

(2) Notwithstanding anything contained in sub-section (1), if any such breed of a person, organization, association, organization or institution is contributing to the invention of a breed, it is solely registered under this Act in favor of a breeder. The person, organization, association, organization or institution may claim compensation.

Recognition certificates, awards, etc.

  1. (3) The Authority may, in the favor of the concerned person, community or organization, issue ‘accreditation certificate’ for special contribution to the conservation and development of the plant.

(2) If any species of plant invented by a breeder is eligible for certification as a new species but it has not been submitted for preservation, it will be eligible for recognition and will be considered as a national resource.

(3) The Authority may, in the context of the importance of contributing to the conservation and development of the plant in the country, give research grant or financial award irrespective of educational qualification, irrespective of its educational status.

The fifth chapter is

crime, punishment, investigation, trial, and so on

Crime and punishment

  1. (3) If a person falsely names a protected species, or voluntarily uses false information regarding a country or place, breeder or his address during the commercial use of a registered breed, he shall be deemed to be an offense under this Act and he shall not exceed 2 (two) for that offense. Up to a year shall be punishable with a fine or fine of up to five (five) lakh rupees or both.

(2) If a person uses the wrong name of a protected species registered, or falsifies or distorts the name, address or name of the breeder’s country or place or places it in his possession for sale, display or sale, trade or production. Shall be deemed to be a crime and shall be punishable with a maximum of two (two) years or a maximum of Taka 5 (five) lakhs for such offense. Ryanta shall be punished with a fine or both.

Crime committed by the company

  1. If a company commits an offense under this Act, the owner, manager, manager, secretary, or any other officer of the company who was in charge of the company’s business manager at the time of the offense, shall be considered a criminal unless he can prove that crime It happened unknowingly, or he did his best to prevent the crime.

Investigation and Trial

  1. Investigation and trial of any crime committed under this Act shall be carried out in accordance with Code of Criminal Procedure, 1898 (Act No. V of 1898).

Taking the offense to justice

  1. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, no court shall, without the written complaint of the Chairman or the person authorized by the Chairman, accept any offense under this Act.

Non-enforceability and surety of crime

  1. Offenses under this Act shall be non-cognizable and bailable.


  1. Indemnity farmers, individuals, organizations, associations, organizations, organizations or irresponsible farmers, due to negligence intended for breeding or breeding or breeding of new varieties of plants as specified in this Act, may receive equitable compensation in the amount and manner prescribed by the Rules. .

Chapter Six

Funding, Budget, Accounting, etc.

Funding of Authority

  1. (3) For the purpose of this Act, there shall be a fund of the Authority, called the ‘Plant Varieties Protection Authority Fund’.

(2) The fund shall be formed by the money received from the following sources, namely: –

(a) the grant and grant made by the Government;

(B) grants made by local authorities and other agencies;

(C) grants from any foreign government or international organization, with the prior approval of the Government;

(D) the fees and receipts received by the Authority;

(E) loans received from banks or any financial institution or foreign body approved by the government with the prior approval of the government;

(F) money derived from the benefits and profits earned through the management of the fund; And

(g) money and grants received from other legitimate sources, with the prior approval of the Government.

(4) The funds of the Authority shall be deposited with a Scheduled Bank and the said Fund shall be maintained in the manner prescribed by the Rules.

(3) The Chairman, Registrar, employees, salaries and allowances of the Authority and other expenses required to carry out the functions of the Authority may be executed from the Fund:

provided that such rules and regulations shall be followed in relation to the expenditure of the Fund.

(4) The Authority may, with the approval of the Board of Funds, invest in a profitable sector in any proposed bank or government financial institution.

(4) After discharging all its expenses in each fiscal year, the authority shall deposit the surplus funds of the fund to the public exchequer.

Explanation.- For the purpose of this section, the term ‘Scheduled Bank’ as defined in Article 2 (j) of Bangladesh Bank Order, 1972 (President’s Order No. 127 of 1972), is called ‘Tapasli Bank’.

Ability to borrow

  1. The Authority may, on the prior approval of the Government, obtain a loan from a bank, a financial institution or a government institution or a foreign agency, to perform its duties and functions.


  1. The Authority shall submit to the Government for approval of the Annual Budget Statement of the next Fiscal Year by the Government each year, and shall specify the amount of money required from the Government in that year.

Accounting and Auditing

  1. (3) The Authority shall, in due course, prepare an annual statement of the accounting and accounting of its expenses.

(2) The Auditor General and the Registrar of Bangladesh shall audit the account of the Authority every year and shall submit a copy of the Audit Report to the Authority and Government.

(3) If any objection is raised on the audit report referred to in sub-section (2), the authority shall immediately take appropriate action to resolve it.

(3) Except for the audit referred to in sub-section (2), the authority may be audited by the ‘chartered accountant’ as defined in Article 2 (1) (b) of Bangladesh Chartered Accountants Order, 1973 (President’s Order No. 2 of 1973). For this purpose, the Authority may appoint one or more ‘chartered accountant’ and such appointed ‘chartered accountant’ shall be entitled to remuneration by the Government, at the rate prescribed by the regulations.

(3) All records, documents, annual status, cash or bank deposits, deposits, deposits, cash or bank accounts, for the purpose of auditing the Authority, by the Auditor General and the regulator or any person authorized by him or a ‘chartered accountant’ authority appointed under sub-section (1). , Treasury or other property, etc. and any employee of the Chairman, Registrar or Authority Who may ask.

(4) In applying the provisions of this section, the provisions of the Financial Reporting Act, 20 (Act No. 2 of 24), as applicable, shall be followed.

Annual Report

  1. (4) Every financial year shall submit to the Government an annual report containing the details of the activities performed by the Authority within the period of nine (ninety) days.

(2) The Government may, if necessary, call upon the Authority any information, statement, estimate, statistics or any other information relating to its functions or management, and the Authority shall be obliged to supply it to the Government.

Chapter VII


Ability to make rules

  1. For the purpose of this Act, the Government may, by notification in the Official Gazette, make rules.

Ability to make regulations

  1. The Authority may, with the prior approval of the Government, by notification in the Official Gazette, make such regulations not inconsistent with this Act and the rules made thereunder.

Publish translated text in English

  1. (3) After the enactment of this Act, the Government may, by notification in the Official Gazette, publish an Authentic Text translated into English of the original Bengali text of this Act.

(2) In the case of a dispute between Bengali and English text, the Bengali text shall prevail.