Regulations 10 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.
Regulations 10 to 13 carry out sections 18, 19, 27 and 28 of the Act. They name the application Forms I and II, tie seed standards to the Authority's DUS guidelines and the Seeds Act, set the Gene Bank deposit by reference to those guidelines, and lay down the conditions for a breeder's authorisation of a licensee in Form 1A. Licensors can bring a draft to our agreement drafting team before signing.
Regulations as amended up to G.S.R. 483(E) dated 4 July 2025. Later notifications should be checked on plantauthority.gov.in.
Applications for registration, other than for a farmers' variety, are made on Form I (new and extant varieties) or Form II (essentially derived varieties) (regulation 10, forms substituted in 2013). Seed in tests must meet the Authority's DUS guidelines and the standards notified under the Seeds Act, 1966 (regulation 11). Gene Bank deposit quantities are those in the DUS guidelines (regulation 12). A breeder's authorisation of a licensee must be in Form 1A, on non-judicial stamp paper, registered and signed before two independent witnesses, identifying the right, term and territory (regulation 13).
Regulation 10: application Forms I and II
As printed in 2006, regulation 10 said: "Every application for registration under section 14 and section 23 may be made in the Form 1 and Form II." G.S.R. 116(E) of 20 February 2013 inserted, after the words "for registration", the words "other than application for the registration of farmers' variety", and substituted Forms I and II. Farmers' varieties use the Sixth Schedule form.
G.S.R. 496(E) of 15 June 2015 inserted a new item 3(a) in both Forms: "Principal place of business or domicile of applicant".
| Form I | Form II | |
|---|---|---|
| Use | Registration of a new variety or an extant variety (section 18, other than an essentially derived variety) | Registration of an essentially derived variety |
| Identity of applicant | Individual breeder, successor of breeder, institutional applicant, assignee of any of these, convention country, or any other | Individual breeder, successor of breeder, institutional applicant, or others |
| Applicant details | Natural person (name, address, nationality) or legal person (seat, year of incorporation, non-Indian participation in capital or management, authorised representative) | Same |
| Correspondence | A person for correspondence, with Form PV-1 authorisation if required | Same |
| Variety information | Crop, botanical name, family, denomination; type (new or extant); classification (typical, hybrid, transgenic, other); DUS features with a technical questionnaire; transgenic clearances | Crop, botanical name, family, denomination; type of EDV (transgenic, mutant, tissue culture derived, back cross derivative, other); classification; DUS features; whether the initial variety breeder's authorisation was taken |
| Breeders | Names, addresses, nationality | Same |
| Earlier applications | In convention or other countries, with rights applied for, filing date, country, authority, number and status; priority claimed | Same |
| Commercialisation | Date of first sale, countries of protection, denomination and trade mark used, variation in important trait | Date and country of first sale, denomination and trade mark used |
| Hybrid parental lines | Whether all parental lines are bred by the applicant; outsourced lines with authorisation letters under section 30; use of a farmers' variety, common-knowledge variety or public-domain variety; farmer or community recognition planned; exotic germplasm | Same, plus whether a registered variety was used as the initial variety |
| Fee details | Amount and demand draft details for application and DUS testing fees | Same, noting the DUS fee for an EDV is fixed by the tests conducted |
| Declarations and attachments | Declarations signed by every applicant; attachments including the terminator-technology affidavit, Forms PV-1 and PV-2, proof of right, and convention-country details | Same |
The declarations in the Forms cover the applicant's knowledge of the Act, that nobody else was involved in breeding, compliance with section 29(3), no trade mark applied for on the denomination, the terminator-technology affidavit, that the information is complete and correct to the applicant's knowledge, information and belief, and lawful acquisition of the genetic material. See section 18.
Regulation 11: standards for evaluating seeds
"The test to be conducted for evaluation of a variety to be referred under the Act shall conform to the criteria of distinctness, uniformity and stability test guidelines published by the Authority in the Journal ... and shall be revised and updated from time to time with the prior information to the Central Government. The Standards for evaluating seeds during tests under sub-section (1) of section 19 shall be such as notified under Seeds Act, 1966 or further amendments to that effect."
So two sources govern: the DUS test guidelines in the Journal, and the seed standards notified under the Seeds Act, 1966. The Regulations print neither. See section 19 and rules 28 and 29.
Regulation 12: Gene Bank deposit
"The quantities of seeds or propagating materials including parental line seeds of registered varieties including the varieties under distinctness, uniformity and stability testing required to be deposited under sub-section (1) of section 27 of the Act shall be as per the quantities specified in the distinctness, uniformity and stability test guidelines under regulation 11 that would be published in the Journal ... which will be treated equivalent to the Gazette of the Government of India."
The deposit is at the breeder's expense in the National Gene Bank (section 27). The Regulations give no quantity and no time; the guidelines for each crop do. The Journal is "treated equivalent to the Gazette". See sections 27 and 28(1) to (3).
Regulation 13: authorising a licensee
Section 28(2) lets a breeder authorise any person to produce, sell, market or otherwise deal with the variety "subject to such limitations and conditions as may be specified by regulations", and section 28(3) requires the authorisation to be in the form the regulations specify.
| Sub-reg. | Requirement |
|---|---|
| 13(1) | An authorisation under section 28(3) by a registered breeder "shall be made in Form 1A" |
| 13(2) | The Form is "executed on a non judicial stamp paper" and conforms to the requirements of the Indian Stamp Act, 1899 |
| 13(3) | Attested by the registered breeder, or a person authorised, in the presence of two witnesses |
| 13(4) | Duly registered in accordance with the rules |
| 13(5) | Valid subject to: (i) the rights conferred are clearly identified and ticked in the Form; (ii) the term is clearly specified; (iii) the territories are clearly specified and do not violate rights granted to any licensee under the Act |
| 13(6) | An authorisation is subject to: (i) Form 1A; (ii) no authorisation is valid unless executed on non-judicial stamp paper, signed by the registered breeder or authorised agent, duly registered, and signed by two independent witnesses; (iii) it identifies the specific rights and mentions the duration and territorial extent |
The Indian Stamp Act, 1899 is an old statute named as printed; the Regulations state no stamp duty and none is given here. Check the current stamp law and the State's stamp rules for the applicable duty.
What Form 1A contains
Form 1A is "To whom it may concern" and states that the registered breeder, holding a certificate and denomination, confers on a named person rights to be ticked: to produce, to sell, to market, to distribute or any other right written in. It then sets six terms: (1) the term, which is subject to renewal at the breeder's full discretion; (2) revision, since the instrument may be modified at any time by the breeder; (3) territory, valid only in the geographical area specified; (4) termination, at the breeder's sole discretion, and automatically if the authorised person violates the Act or Rules; (5) single instrument, which prevails over other instruments as to the rights it creates; and (6) no inheritance, so the authorisation ends on the death, insolvency or winding up of the authorised person. It is signed by the breeder before witnesses.
An invented example: Greenfield Seeds authorises a distributor in a named State to produce and sell a registered hybrid for five years. It signs Form 1A on non-judicial stamp paper, ticks "produce" and "sell", states the term and territory, signs before two independent witnesses and registers the instrument. The distributor can then apply on Form PV-9 to register its title as licensee; see rules 45 to 49.
If you license registered varieties, our agreement drafting team can draft the Form 1A authorisation and the commercial licence behind it.
Need help with licences and authorisations?
Under regulation 13(6), an authorisation that misses the formalities is not valid. Our agreement drafting team can prepare Form 1A, coordinate stamping, witnessing and registration, and align it with the commercial agreement.
Key takeaways
- Applications for registration use Form I (new and extant varieties) or Form II (EDVs); farmers' varieties use the Sixth Schedule; both Forms were substituted in 2013 and amended in 2015.
- Seed in tests must meet the DUS guidelines in the Journal and the standards notified under the Seeds Act, 1966.
- Gene Bank deposit quantities follow the DUS guidelines.
- A breeder's authorisation must be in Form 1A on non-judicial stamp paper, registered, and signed before two independent witnesses.
- Form 1A must state the rights, the term and the territory.
Read next
- Sections 27 and 28(1)-(3): Gene Bank deposit and exclusive rights
- Section 28(4)-(11): registering agents and licensees
- Rules 45-49: Form PV-9 and licensee registration
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.