Rules 11 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.
Rules 11 to 15 fill in the details that section 3 of the Act leaves to rules: how the Chairperson of the PPV&FR Authority is chosen, how long the Chairperson serves, what the Chairperson is paid, when the Chairperson may resign or must be removed, and the term and allowances of the non-official members. Bodies that deal with the Authority can ask our compliance advisory team how these rules affect them.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
The Chairperson is appointed by the Central Government from names recommended by a four-member Search Committee (rule 11(1), as substituted in 2004). The term is five years or up to age sixty-five, whichever is earlier, with a ten-year ceiling in total (rule 12). Salary and service conditions are those of a Secretary to the Government of India (rule 13). The Central Government must remove the Chairperson on the grounds in rule 14(2), after a hearing. Non-official members serve three years (rule 15). These rules implement section 3(6) and 3(8) of the Act.
Rule 11: selection and appointment
Rule 11(1) was substituted by G.S.R. 843(E) of 30 December 2004. The Chairperson "shall be appointed by the Central Government on the basis of" names recommended by a Search Committee consisting of:
| Place | Member of the Search Committee |
|---|---|
| (i) Chairman | An eminent scientist or expert with special knowledge and professional experience in the law on protection of plant varieties and plant varietal research or plant breeding, nominated by the Central Government in the Ministry of Agriculture |
| (ii) Member | Secretary to the Government of India, Department of Agriculture and Cooperation |
| (iii) Member | Secretary to the Government of India, Department of Agriculture Research and Education |
| (iv) Member | Secretary to the Government of India, Department of Biotechnology |
Rules 11(2) to 11(4):
- The Department of Agriculture and Cooperation "shall act as the nodal department for the selection and appointment of the Chairperson" (11(2)).
- The Chairperson "shall be of the rank of the Secretary to the Government of India" and the appointment "shall either be on deputation or on contract basis" (11(3)).
- If the committee recommends a person who is not a government servant but fulfils the qualifications in clause (a) of section 3(5), the appointment may be made on contract basis (11(4)).
Rule 11(1) speaks of a "Search Committee", while 11(4) speaks of "the Selection Committee constituted under sub-rule (1)". Both refer to the committee in 11(1). The names of the departments are those printed in the Rules; the Government may have renamed departments since, so check current designations. The qualifications for the Chairperson are in section 3 of the Act.
Rule 12: term of office
"The Chairperson shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment:" The proviso: "no Chairperson shall hold office for a total period exceeding ten years, or after he has attained the age of sixty-five years, whichever is earlier."
| Element | Rule |
|---|---|
| One term | Five years, or up to sixty-five years of age, whichever is earlier |
| Re-appointment | Eligible |
| Ceiling | Total ten years, or age sixty-five, whichever is earlier |
In the Authority's published copy, the heading of rule 12 sits at the end of the preceding rule's last line, so the heading is easy to miss. The rule number and the words are unaffected.
Rule 13: salary and conditions
The Chairperson is entitled to "such salary, allowances, leave, pension, provident fund and other perquisites as are admissible to a Secretary to the Government of India." The rule gives no figure; the amount follows the Central Government pay rules for that rank.
Rule 14: resignation and removal
Rule 14(1): the Chairperson "may resign from his office by giving notice in writing to the Central Government."
Rule 14(2): "The Central Government shall remove the Chairperson from office if he," falls into any of the following:
| Clause | Ground |
|---|---|
| (a) | Is or at any time has been adjudicated as an insolvent |
| (b) | Has been convicted of an offence which, in the Central Government's opinion, involves moral turpitude |
| (c) | Has become physically or mentally incapable of acting |
| (d) | Has failed in discharging the duties and responsibilities under the Act and the rules |
| (e) | Has acquired such financial or other interest as is likely to affect prejudicially his function |
| (f) | Has, in the Central Government's opinion, so abused his position as to render continuation in office detrimental to the public interest |
| (g) | Any other substantiated ground which is unbecoming of a public servant under the Government of India |
The proviso is a fair-hearing safeguard: the Chairperson "shall not be removed under this sub-rule unless he has been given a reasonable opportunity of being heard in the matter." Note the word "shall": removal on these grounds is mandatory, not discretionary, though several grounds depend on the Government's opinion.
Section 3(9) of the Act adds that on a resignation "being accepted" the Chairperson is deemed to have vacated the office, and section 3(10) lets the Central Government appoint a member to officiate until a regular Chairperson is appointed. Section 4(6) also protects the Authority's acts: none is invalid merely by reason of a vacancy, a defect in the constitution of the Authority or a defect in the appointment of a person acting as Chairperson. See sections 4 to 7.
Rule 15: non-official members
"Non-official member" in the Rules means a member other than a member ex officio (rule 2(h)). Rule 15 provides:
- 15(1): every non-official member holds office for three years from the date of appointment.
- 15(2): the Central Government shall appoint a new non-official member "within six months of the expiration of the term" of the outgoing member.
- 15(3): a non-official member is entitled to sitting allowance and travelling expenses "at such rate as may be fixed by the Central Government from time to time."
The Rules print no rate and none is given here. The non-official members include representatives of farmers, tribal organisations, the seed industry and women's organisations under section 3(5); see the section 3 article for the list.
An invented example: a farmers' federation nominated to the Authority has a representative appointed on 1 March. The term runs three years from that date. If the term expires and no replacement has been appointed, rule 15(2) obliges the Government to appoint a new non-official member within six months of expiry; the Rules do not say what happens to the seat in the meantime.
If your organisation deals with the Authority's composition or is considering representation, our compliance advisory team can explain how these rules fit with section 3.
Need help with the Authority's governance rules?
Seed companies, institutes and farmer bodies sometimes need to understand who sits on the Authority, how long they serve and how the Chairperson can be removed. Our compliance advisory team can summarise these rules for your board or members.
Key takeaways
- The Central Government appoints the Chairperson from names recommended by the four-member Search Committee (rule 11(1), substituted 2004).
- The Chairperson is of Secretary rank, on deputation or contract; the term is five years or up to age sixty-five, with a ten-year ceiling.
- Salary and service conditions are those of a Secretary to the Government of India; no figure is printed.
- The Central Government shall remove the Chairperson on any ground in rule 14(2), after a reasonable hearing.
- Non-official members hold office for three years and receive sitting allowance and travelling expenses.
Read next
- Section 3: the Authority, Chairperson and Standing Committee
- Rules 16-18: meetings, quorum and committees
- Rules 1 and 2: definitions and amendment history
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.