Protection of Plant Varieties explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Scheme of 2015 is the scheme that section 46 of the Act asks the Central Government to frame. It sets out how a claim on behalf of a village or local community is filed at a notified centre, how the centre reports to the Authority, how the claim is entered in a register, how awarded compensation is used by the community, and how ten per cent of benefit sharing is set apart to support farmers.
Scheme as amended up to 3 October 2026 (no amendment listed by the Authority). Later notifications should be checked on plantauthority.gov.in.
A claim under section 41 is filed in triplicate before the concerned notified centre, which informs the applicant, sends a copy to the Authority and reports its findings within thirty days of receiving the claim (paragraph 3). The Authority registers the claim in the register in the Second Schedule (paragraphs 3 and 4). Compensation awarded is used by the community for conservation and sustainable use of genetic resources and to strengthen the Panchayat (paragraph 5). Ten per cent of benefit sharing deposited by the breeder is set apart to support farmers engaged in breeding, discovery or development of varieties (paragraph 7). No application fee is payable.
Where the Scheme comes from
G.S.R. 497(E) of 15 June 2015 was framed by the Central Government under section 46 of the Act. Section 46(1) requires the Central Government to frame one or more schemes for the purposes of section 41 and section 45(2)(d); section 46(2) lists matters the scheme may cover: registration of claims, processing them, records and registers, utilisation of amounts received, disbursal or apportionment, utilisation of benefit sharing for breeding and discovery, and maintenance and audit of accounts. The Scheme follows that list. Section 97 requires every scheme to be laid before Parliament. See sections 45 and 46 and sections 40 and 41.
Paragraph 1 gives the short title, the Protection of Plant Varieties and Farmers' Rights Scheme, 2015, and says it comes into force on publication in the Official Gazette. Paragraph 2 defines "Act", "Scheme" and "Schedule" and carries the Act's meanings. Community bodies and NGOs preparing a claim can ask our legal consultation team to review it.
Paragraphs 3 and 4: registering a claim and keeping records
| Paragraph | Provision |
|---|---|
| 3(1) | A claim for the purposes of section 41 "shall be filed in triplicate in accordance with the first Schedule before the concerned notified centre" |
| 3(2) | The notified centre, on receiving the claim, informs the applicant and forwards a copy to the Authority, and then reports its findings to the Authority "within a period of thirty days from the date of receipt of such claim" |
| 3(3) | On receiving the copy of the claim from the notified centre, the Authority registers the claim, which is maintained according to the Second Schedule |
| 4(1) | On receiving the centre's report and after such enquiry and perusal of the report as it thinks fit, the Authority enters the claim in the register and maintains it according to the Second Schedule |
| 4(2) | All documents relating to the claim are maintained in triplicate |
Section 41(1) of the Act allows any person or group of persons (whether or not engaged in farming) or any governmental or non-governmental organisation to file a claim on behalf of a village or local community in a centre notified by the Authority with the Central Government's previous approval. The Scheme is the procedure for that filing. The centres are notified separately; the Scheme does not name them. After the centre's report, the Authority may issue notice to the breeder under section 41(3), Form O-12 under rule 68, and the breeder's objection is on Form PV-27; see rules 66 to 70.
The First Schedule: claim form
The form is addressed to the name and address of the notified centre. It asks for: the name of the applicant in capital letters; the status (a person, a group of persons, a governmental body or a non-governmental body); registration details if non-governmental; postal address; the name and location of the village or local community; the name of the registered breeder against whom the claim is filed; the registered variety; details of the village or local community's contribution to the variety, alleged to have been used in its evolution; whether the variety is still being conserved by the community; and whether it appears in the People's Biodiversity Register.
The declaration gives the name and contact details of the person with whom the Registrar of the Authority can correspond, and states that the information given is true to the applicant's knowledge, information and belief. A certificate states that the farmer named has conserved and improved the material mentioned, to be given by the Chairperson or Secretary of the concerned Panchayat Biodiversity Management Committee, or the concerned District Agricultural Officer, or the Director of Research of the concerned State Agriculture University, or the concerned District Tribal Development Office, with seal and date. The Notes say: sign each page; no application fee is payable; extra pages may be attached; the declaration is to be attached.
The Second Schedule: register of claims
The register has twenty-two columns: serial number; applicant's name; details of the village or local community; date of filing the claim at the notified centre and details of the centre; details of the community's variety; the registered variety and the breeder against whom the claim is made; the claim number and year; date of receipt of the claim and of the enquiry report from the centre; date of issue of Form O-12; date of filing of Form PV-27; hearing and outcome; amount of compensation; deposit in the Gene Fund; date of grant to the claimant; details of utilisation by the community; disputes on utilisation or disbursal; apportionment; utilisation for breeding, discovery or development of varieties; audit comments; and others.
Paragraphs 5 and 6: use of compensation and disputes
Paragraph 5(1): compensation awarded in respect of such claims "shall be utilised by the community for conservation and sustainable use of genetic resources including in situ and ex situ collections and for strengthening the capability of panchayat in carrying out such conservation and sustainable use".
Paragraph 5(2): the Authority apportions the compensation, if necessary, between the community, its panchayat and the Biodiversity Management Committee "in the ratio as deemed fit by it" for the purposes in 5(1).
Paragraph 6: if a dispute arises about disbursal or apportionment, the Authority adjudicates it "in the manner as may be deemed fit by it".
Paragraph 7: ten per cent of benefit sharing
"The Authority shall set-apart ten percent of benefit sharing amount deposited by the registered breeder and shall be utilised for supporting farmers engaged in breeding, discovery or development of varieties in respect of which benefit sharing has been determined." This matches section 46(2)(f), under which a scheme may provide for utilisation of benefit sharing for purposes relating to breeding, discovery or development of varieties. The benefit-sharing procedure is in rules 40 to 44.
Paragraph 8: accounts and audit
"The maintenance and audit of accounts shall be as specified by the Comptroller and Auditor-General of India for Central autonomous bodies."
Need help with a community claim?
A community claim depends on a clear record of the community's contribution and a correct certificate. Our legal consultation team can help an NGO, a Panchayat or a group of farmers prepare the claim and follow it through the Authority.
Key takeaways
- The Scheme is framed under section 46 of the Act as G.S.R. 497(E) of 15 June 2015.
- Claims are filed in triplicate at the notified centre, which reports to the Authority within thirty days.
- The Authority maintains a register of claims in the Second Schedule format.
- Compensation is used for conservation and sustainable use of genetic resources and Panchayat capability; the Authority apportions it.
- Ten per cent of benefit sharing deposited by the breeder is set apart to support farmers; no application fee is payable.
Read next
- Sections 40-41: rights of communities
- Sections 45-46: the National Gene Fund and schemes
- Rules 66-70: community claims and the Gene Fund
Disclaimer: Based on the Protection of Plant Varieties and Farmers' Rights Act, 2001 as amended up to the Tribunals Reforms Act, 2021, the PPV&FR Rules, 2003 as amended up to G.S.R. 803(E) of 16 November 2021, and the regulations, rules and scheme named in the article, as published by the PPV&FR Authority and consulted on 3 October 2026. Later notifications should be checked on plantauthority.gov.in. This article is general information, not legal advice; check the official text before acting.