CS Professional · Intellectual Property Rights - Law and Practice · Protection of Plant Varieties
Ramesh of Guntur personally supervises, through hired labourers, the cultivation of chilli on his 6 acres without ploughing himself. Under the Act's definition, is he a 'farmer'?
Yes. The Act defines a farmer to include a person who cultivates crops by directly supervising the cultivation of land through another person. Personal labour is not required, so Ramesh qualifies as a farmer even though hired labourers do the actual work.
- ANo, because a farmer must cultivate the land himself with his own labour
- BNo, because only those who conserve wild species are farmers
- CYes, because cultivating crops by directly supervising the cultivation of land through any other person qualifiesCorrect
- DYes, but only if he also adds value to traditional varieties
Explanation
The definition of farmer includes a person who cultivates crops by directly supervising cultivation through any other person. Ramesh therefore qualifies without ploughing himself. The first option wrongly limits the definition to personal cultivation.
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