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 21 sets out what the Chairperson does as chief executive. Rule 22 lists the Authority's general functions, among them registering extant varieties, building a database of varieties and collecting seed production and sales figures. Rules 22A to 22C, added in 2012, let the Authority and the Registrar make orders as to costs on a scale in a new Fifth Schedule.
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 has general superintendence and direction of the Authority's affairs (rule 21). Under rule 22, as amended in 2015, the Authority registers extant varieties within a period it determines, and an extant variety (other than a farmers' variety) can be registered only if it has not been sold or otherwise disposed of for exploitation for eighteen years (trees and vines) or fifteen years (other cases) at the date of filing (rule 22(2A)). Breeders of registered varieties must supply certified annual seed production and sales figures within three months of the reporting period (rule 22(8)). Costs may be ordered on the Fifth Schedule scale (rules 22A-22C). These rules carry out sections 7, 8 and 11(b) of the Act.
Rule 21: powers and duties of the Chairperson
Section 7 of the Act makes the Chairperson the Chief Executive of the Authority and says the Chairperson exercises "such powers and perform such duties as may be prescribed". Rule 21 prescribes them.
| Sub-rule | What the Chairperson does |
|---|---|
| 21(1) | In addition to the duties in the Act, has "powers of general superintendence and directions in the conduct and management of the affairs of the Authority", to enable it to discharge its duties and oversee compliance with the Act, rules and regulations |
| 21(2) | Discharges other duties that the Authority delegates by general or special written order, or the Central Government authorises |
| 21(3) | Convenes, presides over and conducts meetings of the Authority and is responsible for carrying out its decisions |
| 21(4) | Guides and facilitates the development of new plant varieties "by protecting the rights of the breeders, researchers, farmers, and community of farmers as provided under the Act" |
| 21(5) | Facilitates, and acts on his satisfaction for, compulsory licensing of registered plant varieties, and advises the Central and State Governments on restriction of public use of such varieties, which may invite action under sub-rule (4) |
Rule 21(5) refers to action "under sub-rule (4)". The cross-reference reads awkwardly, because sub-rule (4) is about guiding the development of new varieties. The Rules do not explain it further. The compulsory licence itself is dealt with in sections 47 to 49 of the Act.
Rule 22: general functions of the Authority
Rule 22 has nine sub-rules and carries out section 8 of the Act, which sets the Authority's general functions; see sections 8 to 10.
| Sub-rule | Function |
|---|---|
| 22(1) | Advise the Central Government on notifying genera and species under section 29(2) for registration of new plant varieties other than extant and farmers' varieties |
| 22(2) | Register extant varieties (as substituted in 2015, see below) |
| 22(3) | Develop DUS and other test criteria and conduct tests for characterisation of each variety of each crop species notified by the Central Government |
| 22(4) | Compile and maintain a database on varieties of common knowledge, including registered extant and farmers' varieties and those cultivated outside India, for each crop species before registering new varieties of that species |
| 22(5) | Call for and procure the details of any crop variety in use in the country for the database |
| 22(6) | Any public or private institution, community or individual involved in the production and use of seed of such varieties must give full information on its characteristics and a true sample of seed |
| 22(7) | Keep a record of production and sale of seed of all registered varieties |
| 22(8) | All breeders of registered varieties must supply certified figures on annual seed production and sales within a period not exceeding three months from the completion of the reporting period |
| 22(9) | The Authority may call for figures relating to any region |
Rule 22(2) and (2A) as amended in 2015
G.S.R. 494(E) of 15 June 2015 substituted rule 22(2): "The Authority shall register extant varieties under clause (a) of sub-section (2) of section 8 of such genera or species and within such period as may be determined by it and the suitable test criteria to conform distinctiveness, uniformity and stability (hereinafter referred to as DUS) of such genera or species shall be specified in the Plant Variety Journal of India."
It also inserted rule 22(2A): "The Authority shall register extant varieties (other than farmers variety), if at the date of filing of the application for registration, such variety has not been sold or otherwise disposed of for the purposes of exploitation of such variety for a period of eighteen years in case of trees and vines and fifteen years in other cases."
| Point | Rule |
|---|---|
| Who registers | The Authority |
| Which genera and species | Those it determines, within the period it determines |
| DUS criteria | Specified in the Plant Variety Journal of India |
| Time bar | Not sold or otherwise disposed of for exploitation for eighteen years (trees and vines) or fifteen years (other cases), counted back from the date of filing |
| Farmers' varieties | Excluded from 22(2A) |
Rule 24, which earlier set a three-year registration period for extant varieties, was omitted by the same 2015 notification; rule 22(2) and (2A) now govern. See the rules 24 to 27 article. The list of crops open for extant-variety registration is not in the Rules; notifications under section 29(2) are on plantauthority.gov.in.
If you are preparing an extant-variety application, our legal consultation team can review the sale history and the notified genus or species before you file.
Seed data: rules 22(6) to 22(9)
Breeders of registered varieties face a recurring duty: certified annual figures on seed production and sales within three months of the end of the reporting period. The Rules do not state the reporting period, the form of the figures or the penalty for missing the deadline. Section 35 and the annual-fee notification make production and sales figures relevant to the annual fee; see section 35.
Rules 22A to 22C: costs
Rules 22A to 22C were inserted by G.S.R. 901(E) of 17 December 2012, made under section 96(2)(viii) of the Act, and tie in with section 11(b) of the Act, under which the Authority or Registrar may make orders as to cost that are executable as a decree of a civil court. See sections 11 to 13.
| Rule | Text in substance |
|---|---|
| 22A | The Authority or the Registrar may make orders as to costs "as enumerated under the Fifth Schedule and as considered reasonable having regard to all the circumstances of the case"; proviso: compensatory costs may be awarded in a proceeding which is "false or vexatious" |
| 22B | Where an opposition is not contested by the applicant, the Registrar deciding whether to award costs to the opponent considers whether the proceeding might have been avoided if reasonable notice had been given to the applicant before the notice of opposition |
| 22C | Despite rule 22B, costs in respect of fees in the Second Schedule and of stamps on affidavits used in the proceedings "shall follow the event" |
Fifth Schedule: scale of costs
The Fifth Schedule heads the scale "of costs allowable under section 11(b) in respect of proceedings before the Authority or the Registrar". It has five heads.
| Item | Matter | Amount as printed |
|---|---|---|
| 1 | One day's hearing involving examination of witnesses | Rs. 1500 |
| 2 | One day's hearing when there is no examination of witnesses | Rs. 750 |
| 3 | Adjournment of hearing granted on the petition of any party | Rs. 2000 plus actual cost for a petition for resummoning the other parties' witnesses who were due to be examined that day |
| 4 | Striking out scandalous matter from an affidavit | Rs. 500 |
| 5 | Attendance of witnesses, subsistence allowance and travelling allowance | Attendance as in the note; subsistence and travelling vary with the status of the witness, subject to the maximum prescribed |
The copy of this notification that is available is a scanned print, and the column of amounts is split from the matters. Verify the figures against the Gazette before relying on them, especially for item 5, where the rates for travel by rail, air or steamer are described by class and the road rate is stated per kilometre.
Need help with extant varieties or opposition costs?
Whether a variety qualifies as extant, and whether costs follow an opposition, turn on the facts and the dates. Our legal consultation team can assess your variety's sale history, advise on opposition risk and prepare the papers.
Key takeaways
- The Chairperson has general superintendence of the Authority's affairs and presides at its meetings (rule 21).
- The Authority registers extant varieties of genera and species and in periods it determines; DUS criteria are specified in the Plant Variety Journal of India (rule 22(2), 2015).
- An extant variety, other than a farmers' variety, must not have been sold or otherwise disposed of for exploitation for eighteen years (trees and vines) or fifteen years (others) before filing (rule 22(2A)).
- Breeders must give certified annual seed production and sales figures within three months of the period's end (rule 22(8)).
- Costs may be ordered on the Fifth Schedule scale; compensatory costs for false or vexatious proceedings; fees and affidavit stamps follow the event.
Read next
- Sections 8-10: the Authority's general functions
- Sections 11-13: civil-court powers, costs and the Register
- Rule 23: particulars in the National Register
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.