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Regulations 1–5A of the Protection of Plant Varieties and Farmers' Rights Regulations, 2006: definitions, duties and jurisdiction of the Registrar, and the Registrars' term and conditions of service as substituted in 2025

The Registrar works under the superintendence and directions of the Registrar General and has thirteen listed duties: examining and accepting or refusing applications, registering...

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Last updated: October 2026Verified against: Government sources

The Regulations, 2006 are made by the Authority itself under section 95 of the Act. Their first chapters define terms, list the Registrar's duties and fix the Registrar's jurisdiction and service conditions. Regulations 4 and 5, and new regulation 5A, were substituted or inserted by G.S.R. 483(E) of 4 July 2025, which also added a Schedule of posts. Applicants who want to know how these duties affect a pending file can ask our legal consultation team.

Regulations as amended up to G.S.R. 483(E) dated 4 July 2025. Later notifications should be checked on plantauthority.gov.in.

Regulations 1 and 2: title and definitions

The text of the Regulations opens with the Authority making them "with the approval of the Central Government" under section 95(1) of the Act. They came into force on publication in the Official Gazette. The copy of the original notification prints "G.S.R. (E)" without a number and a date of 7 December 2006; the number G.S.R. 740(E) of 7 December 2006 is the one given in the amending notifications of 2015 and 2025. Regulation 2(1) defines:

TermMeaning, as printed
ActThe Protection of Plant Varieties and Farmers' Rights Act, 2001
Agreement CountryA country which makes an agreement with India on Intellectual Property Rights or Plant Variety Protection
ApplicantThe person who applies to the Authority for registration of plant varieties
FormA form annexed to the Regulations
JournalThe Plant Variety Journal of India
Parental LineThe inbred line of immediate parents, or 'A' line, 'B' line and 'R' line of hybrids
RulesThe Protection of Plant Varieties and Farmers' Rights Rules, 2003
sectionA section of the Act

Words not defined but defined in the Act carry the Act's meanings. "Agreement Country" matters for denominations; see regulations 6 to 9.

Regulation 3: duties of the Registrar

Regulation 3 has thirteen sub-regulations. They carry out section 12(4) of the Act, which lets the Authority regulate the Registrars' duties and jurisdiction; see sections 11 to 13.

Sub-reg.Duty
(1)Discharge functions "under the superintendence and directions of the Registrar General"
(2)On an application under section 14, examine it under section 20 and decide whether it is accepted, refused, or accepted subject to amendments or limitations
(3)Give the applicant an opportunity to amend and the right to be heard before refusing
(4)Power to register a variety whose denomination comprises a geographical name "under special circumstances"
(5)In consultation with and with the approval of the Authority, facilitate registration of an essentially derived variety, subject to the pre-requisites
(6)Issue the certificate of registration on registration of a variety
(7)On being satisfied, allow alterations in denominations, names and addresses of applicants, assignees, authorised agents, legal representatives and successors, and permit clerical corrections in the Register, certificates or applications on a written request
(8)Consider oppositions filed in deciding applications for registration
(9)Maintain the National Registry of Plant Varieties and the Register of Agents and Licensees, with entitlement and conditions, and update them
(10)Cancel or vary the certificate of registration on proper evidence, and the terms of registration after a reasonable hearing, consulting the Authority whenever required before the final decision
(11)Issue copies of certificates or of the Register on written application, and allow inspection on written request
(12)On written request and satisfactory proof, allow a party's interest, where the party has expired, to be transmitted to the person impleaded
(13)Advertise changes made to the Certificate of Registration in the Journal (the words "Gazette or" were omitted by G.S.R. 496(E) of 15 June 2015)

Three of these duties interact with the Rules. Duty (4) on geographical names ties to section 15(4) of the Act, which has the honest-use proviso; see sections 15(4) and 17. Duties (7), (10) and (11) mirror the correction, cancellation and certified-copy procedures in rules 55 to 65 and 76. The Regulations leave the details to the Rules.

Regulation 4: jurisdiction (substituted in 2025)

The 2006 text gave the Registrar "jurisdiction of All India basis with respect to crops and areas, as per the order of the Authority from time to time", assisted by the Joint Registrar, Deputy Registrar and other technical and administrative staff. A 2015 amendment (G.S.R. 496(E)) replaced it with a short rule that the jurisdiction "shall be such as may be determined by the Authority from time to time".

G.S.R. 483(E) of 4 July 2025 then substituted regulation 4 again. It now reads: "(1) The jurisdiction of the Registrar shall be such as may be determined by the Authority from time to time and shall be assisted by the Joint Registrar, Deputy Registrar, Deputy Director (Administration), Accountant and other technical, legal advisor, financial and administrative staff." The 2015 and 2006 versions of regulations 4 and 5 are replaced. The regulation prints no territorial or crop limits; the Authority's orders fix them. Territorial limits of branch offices are separately notified under section 12(6) of the Act.

Regulation 5: term and service conditions (substituted in 2025)

The 2006 regulation 5 set eligibility (postgraduate qualification and practical knowledge), pay rules by reference to the Fundamental Rules and Central Civil Services rules, and a three-month notice for relinquishing office. The 2015 amendment changed it to a deputation of three years, extendable annually, with a ceiling of five years. G.S.R. 483(E) of 2025 replaced regulation 5 with:

"5. The term of office and the conditions of service of the Registrars.- (1) The term of office, qualifications, experience and conditions of service of the Registrars, Joint Registrars and Deputy Registrars shall be as per provisions specified in the Schedule annexed to these regulations."

Regulation 5A: initial constitution (2025)

Regulation 5A is new. Personnel holding the posts in column (1) of the Schedule, "immediately before the commencement of these regulations on a regular basis, shall be deemed to have been appointed under the provisions of these regulations" (5A(1)). Their regular continuous service in the respective grade before commencement counts for the probation period and qualifying service for promotion, confirmation and pension (5A(2)).

The Schedule of posts

The Schedule has thirteen columns: name of post, number of posts, classification, level in pay matrix, selection or non-selection, age limit for direct recruits, educational qualification, whether the same applies to promotion or deputation, probation, method of recruitment, grades for promotion or deputation, the committee, and consultation with the UPSC. Its entries are:

PostNumberClassificationPay levelMethod of recruitment
Registrar03 (2025)Group 'A' Non-GazettedLevel-13 (Rs. 123100-215900)By promotion, failing which by deputation (including short-term contract); probation one year
Joint Registrar2 (2025)Group 'A' Non-GazettedLevel-12 (Rs. 78800-209200)By promotion, failing which by deputation
Deputy Registrar03 (2025)Group 'A' Non-GazettedLevel-11 (Rs. 67700-208700)Sixty-seven per cent by promotion, failing which by deputation; thirty-three per cent by direct recruitment; probation two years

The Schedule also prints qualifications and experience. For a Registrar, a Master's degree in agriculture with a plant breeding or related specialisation, or in forestry, horticulture or plant biotechnology, and fifteen years of experience in agricultural science or seed development with at least three years in varietal improvement or intellectual property rights. Promotion and deputation criteria, notes on age and the period of deputation, and the composition of the Departmental Promotion Committee (the Registrar-General as Chairman, an officer not below Joint Secretary, and two experts) complete the entries. The figures are quoted as printed in the Schedule.

An invented example: a seed company wants to know who decides its application and who can cancel its agent's registration. Regulation 3 tells it that the Registrar decides acceptance and oppositions and acts on cancellation under the Authority's consultation, while regulation 4 tells it that the Registrar's jurisdiction is as the Authority determines.

For help with applications and Registrar proceedings, our legal consultation team can explain the roles and the sequence.

Need help with Registrar proceedings?

Who decides what, and in what order, shapes how an application should be prepared. Our legal consultation team can map your matter to the Registrar's duties and the Authority's role.

Key takeaways

  • The Regulations, 2006 are made by the Authority under section 95; regulation 2 defines Act, Agreement Country, Journal, Parental Line and other terms.
  • Regulation 3 lists thirteen Registrar duties under the superintendence of the Registrar General.
  • Regulation 4 (2025): jurisdiction is as the Authority determines from time to time.
  • Regulation 5 (2025): term, qualifications and service conditions are in the Schedule; three posts of Registrar.
  • Regulation 5A: persons in the posts before commencement are deemed appointed and their service counts.

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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.

Quick recapKey facts & short answers

Key Facts About Regulations

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who makes the Regulations?

The Authority, with the Central Government's approval, under section 95(1) of the Act.

Who supervises the Registrar?

The Registrar General (regulation 3(1)).

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 7 questions readers ask most on this topic.

The Authority, with the Central Government's approval, under section 95(1) of the Act.

The Registrar General (regulation 3(1)).

Yes, "under special circumstances" (regulation 3(4)).

In the Journal (regulation 3(13), after 2015).

As determined by the Authority from time to time (regulation 4, 2025).

Three, per the Schedule added in 2025.

Deems existing regular post-holders appointed under the Regulations and counts their service.