Rules 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.
Rule 1 gives the Rules their name and says they came into force with the Act. Rule 2 defines the working terms: Act, Authority, Chairperson, fee, Form, Gazette, journal, notice, Registrar, representation and the rest. Because the Rules have been amended many times since 2003, this article also sets out every amending notification in one table, with its status today.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
The Rules were made by the Central Government under section 96 of the Act and notified as G.S.R. 738(E) of 12 September 2003; they came into force on the date the Act came into force (rule 1). Rule 2 defines fee as the fee in the Second Schedule and Form as a Form in the First Schedule. Rule 2(i) still defines notice by reference to "the Tribunal", which no longer exists. Rule 24 is omitted, and fee, Schedule and rule changes since 2004 are listed below.
Rule 1: short title and commencement
Rule 1(1): "These rules may be called the Protection of Plant Varieties and Farmers' Rights Rules, 2003." Rule 1(2): "They shall come into force on the date on which the Act shall come into force."
The Rules are made "in exercise of the powers conferred by section 96" of the Act, read with section 22 of the General Clauses Act, 1897. They were published as G.S.R. 738(E) in the Gazette of India, Extraordinary, on 12 September 2003. The Act itself came into force in two steps (sections 2 to 13 and 95 to 97 from 11 November 2005; section 1 and sections 14 to 94 from 19 October 2006), as set out in section 1 of the Act. The rule ties the Rules' commencement to the Act's, and does not say which of the two dates it means.
For the rule-making power itself, see sections 95 to 97.
Rule 2: definitions
Rule 2 opens: "In these rules, unless the context otherwise requires," and then defines fourteen terms, (a) to (n).
| Clause | Term | Meaning, as printed |
|---|---|---|
| (a) | Act | The Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001) |
| (b) | Authority | The Authority established under sub-section (1) of section 3 |
| (c) | Chairperson | The Chairperson appointed under clause (a) of sub-section (5) of section 3 |
| (d) | fee | "the fee specified in the Second Schedule" |
| (e) | Form | "a Form specified in the First Schedule" |
| (f) | Gazette | The Official Gazette of the Government of India |
| (g) | journal | "the monthly journal of the Authority" |
| (h) | non-official member | A member of the Authority other than a member, ex officio |
| (i) | notice | "a notice issued by the Tribunal or the Registrar or the Authority under the Act" |
| (j) | Registrar | A Registrar of Plant Varieties appointed under sub-section (4) of section 12, and includes the Registrar General appointed under sub-section (3) of that section |
| (k) | Schedule | A Schedule annexed to the rules |
| (l) | section | A section of the Act |
| (m) | representation | Any written communication addressed to the Authority or the Registrar in any proceeding under the Act |
| (n) | other words | Words used but not defined, and defined in the Act, have the Act's meanings |
A few points matter in practice.
Fee and Form are tied to the Schedules. Anything called a "fee" in the Rules is the amount in the Second Schedule, and any "Form" is one in the First Schedule. The current fee schedule is explained in the Second Schedule article. If a seed company or a farmers' group is asked to pay "the fee", that Schedule is where the amount sits; the Rules themselves carry no figure.
"Journal" is the Authority's monthly journal. Advertisements and notices that the Rules say are to be published in the journal appear there. The Rules do not describe its contents.
"Notice" names the Tribunal. Rule 2(i) refers to a notice issued "by the Tribunal or the Registrar or the Authority". The Plant Varieties Protection Appellate Tribunal was abolished by the Tribunals Reforms Act, 2021, and appeals now lie to the High Court. Read the reference as printed in the 2003 text; there is no Tribunal to issue a notice today.
"Registrar" includes the Registrar General. A step the Rules assign to "the Registrar" can therefore be taken by the Registrar-General.
Note that clause (k) says "Schedule" means a Schedule "annexed to these rules"; later amendments added a Fifth and a Sixth Schedule to those that were there in 2003.
If you are unsure which of these definitions applies to your application, our legal consultation team can read the Rules with you.
Every amendment, 2004 to 2021
The copy of the Rules published by the Authority carries only the 2004 change to rule 11(1). The later changes have to be applied by hand. This is the one place where the whole history is given; the individual rule articles mention only the changes that touch them.
| Notification | Date | What it changed | Position today |
|---|---|---|---|
| G.S.R. 843(E) | 30.12.2004 | Rule 11(1) substituted (Search Committee) | In force |
| G.S.R. 731(E) | 14.10.2008 | Second Schedule, entry 4(a) (extant notified variety fee) | Superseded by the 2015 Schedule; history only |
| G.S.R. 319(E) | 11.05.2009 | Second Schedule fee entries | Superseded in 2015; history only |
| G.S.R. 783(E) | 27.10.2009 | Rule 24 substituted (periods for farmers' extant and other extant varieties) | Rule 24 omitted in 2015; history only |
| G.S.R. 901(E) | 17.12.2009 | Second Schedule entries 4, 5, 8; Fourth Schedule posts | Superseded in 2015; history only |
| G.S.R. 949(E) | 03.12.2010 | Rule 29(1)(c) substituted (DUS field tests at more than one location; trees and vines); Second Schedule entry 1 | Rule 29(1)(c) in force; entry 1 superseded in 2015 |
| G.S.R. 900(E) | 17.12.2012 | Rule 36A inserted (production and sale of seeds of a registered variety) | In force |
| G.S.R. 901(E) | 17.12.2012 | Rules 22A, 22B, 22C (orders as to costs) and the Fifth Schedule (scale of costs) inserted | In force |
| G.S.R. 902(E) | 17.12.2012 | Rule 74A inserted (form of the annual statement of accounts) | In force |
| G.S.R. 115(E) | 20.02.2013 | Rule 25A and the Sixth Schedule (application for a farmers' variety) inserted | In force; Sixth Schedule amended in 2015 |
| G.S.R. 494(E) | 15.06.2015 | Rules 8(1), 16(7), 22(2) and new 22(2A), 29(4) and 29(4A), 29(5) omitted, 30(2), 31(4), 32 substituted, 33 heading and 33(6), 35 substituted, 53(4)-(5), 76 heading; Forms PV-5, PV-15, PV-16, PV-17; the Second Schedule substituted whole; Third Schedule entry for Form O-12; Fourth Schedule substituted; Sixth Schedule paragraph 2A and endorsing authorities; rule 24 omitted; changes to the rules on the Registrar-General and the officers of the Authority | In force |
| G.S.R. 427(E) | 19.04.2016 | Second Schedule entry 9 (renewal): "Farmers - Nil" inserted | Entry 9 later substituted in 2019 |
| G.S.R. 863(E) | 20.11.2019 | Rule 39(1)(b), (1)(c), (2), (3), (4) changed; Second Schedule entry 9 substituted | In force |
| G.S.R. 495(E) and G.S.R. 34(E) | 07.08.2020 and 19.01.2021 | Rules on the Registrar-General and the officers and employees of the Authority; selection for the Registrar-General's post | Named by number and subject only |
| G.S.R. 803(E) | 16.11.2021 | Rule on the Registrar-General | Named by number and subject only; the latest amendment listed |
The notification of G.S.R. 863(E) of 2019 lists "G.S.R. 496(E) dated 15th June, 2015" in its note, but the 2015 amendment to the Rules is G.S.R. 494(E); G.S.R. 496(E) amended the Regulations. The note to G.S.R. 427(E) gives a date of 16 June 2015 for the 2015 amendment, where the notification is dated 15 June 2015. Neither slip affects the amendments themselves.
Where a fee entry is marked "superseded" the table carries no figure, and no figure from the pre-2015 Schedules is relevant today. The current fee table is the 2015 Second Schedule as later amended.
An invented example: a seed company reads rule 29 in the Authority's published copy and finds the pre-2010 text. It should apply the 2010 and 2015 changes to rule 29 before relying on it. A farmers' group reading rule 24 should note that the rule is omitted; extant-variety registration is now governed by rule 22 as substituted in 2015.
Need help with applying the Rules after so many amendments?
Because the published text lags the amendments, an application can go wrong simply by following an old rule or an old Form. Our legal consultation team can check your application against the Rules as they now stand and the Forms in the Schedules.
Key takeaways
- The Rules were notified as G.S.R. 738(E) on 12 September 2003 under section 96 and came into force with the Act.
- "Fee" means the Second Schedule fee; "Form" means a First Schedule Form.
- Rule 2(i) still names the Tribunal, which has been abolished; appeals lie to the High Court.
- The Authority's published copy carries only the 2004 amendment; the 2009 to 2021 changes must be applied by hand.
- Rule 24 is omitted; check any rule you rely on against the table above and plantauthority.gov.in.
Read next
- Sections 95-97: rule-making power of the Act
- Rules 3-7: particulars, office, address for service and filing
- Second Schedule: fees under the Rules
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.