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Rules 24–27 and 25A of the Protection of Plant Varieties and Farmers' Rights Rules, 2003: the omitted rule 24, authorising a person to apply, the farmers' variety form, the application fee and proof of the right to apply

Rule 24 was omitted by G.S.R. 494(E) of 15 June 2015; extant varieties are now governed by rule 22 (as substituted in 2015). Form PV-1 is used to authorise a person to apply (rule...

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Last updated: October 2026Verified against: Government sources

Rules 25 to 27 deal with the practical start of a registration: a person authorised to apply files Form PV-1, the application is made with the fee shown in the Second Schedule, and a successor or assignee proves the right to apply within six months. Rule 25A adds a separate form for farmers' varieties. Rule 24, on extant varieties, no longer exists. Applicants who want the papers checked before filing can use our legal consultation service.

Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.

Rule 24: omitted

Rule 24 is omitted by G.S.R. 494(E) of 15 June 2015. Its history is short.

  • 2003 text: the Registrar was to register every extant variety within three years of its notification under the Act, for eligible genera and species, subject to the DUS criteria in the regulations; the Registrar could register after three years for reasons recorded in writing.
  • 2009 substitution (G.S.R. 783(E) of 27 October 2009): five years for "every farmers' variety which is an extant variety" and three years for "other extant variety", each with a proviso allowing later registration for reasons recorded in writing.
  • 2015: the rule was omitted.

Today, extant-variety registration is governed by rule 22(2) and (2A), which do not use periods of that kind. See rules 21 to 22C. Do not rely on the three- or five-year periods.

Rule 25: authorising a person to apply

"An application to authorise a person to register a variety under clause (e) of sub-section (1) of section 16 shall be made in Form PV-1, given in the First Schedule, by a person specified in sub-section (1) of that section."

Section 16(1) lists who may apply for registration: any person claiming to be the breeder, a successor, an assignee, any farmer or group of farmers or community of farmers claiming to have bred or developed the variety, any person authorised by the breeder, successor, assignee or farmers, and any university or publicly funded agricultural institution. Clause (e) covers a person authorised to make the application on behalf of another. See section 16.

Who files Form PV-1Why
A person specified in section 16(1)To authorise another person to make the application for registration

An authorisation in Form PV-1 is also what the farmers' variety form (Sixth Schedule) asks to be attached where correspondence is to go to someone other than the applicant. The Rules do not prescribe the form of the authority in more detail.

Rule 25A: the farmers' variety form

Rule 25A was inserted by G.S.R. 115(E) of 20 February 2013 and reads: "The application form for registration of farmers' variety shall be as specified in the Sixth Schedule." The Sixth Schedule applies under the proviso to section 18(1) of the Act, which gives a different application route to farmers. The form, its declaration and the endorsing authorities (changed in 2015) are explained in the Sixth Schedule article.

A farmers' group should note one important point: the Sixth Schedule form for a farmers' variety is to be submitted with an endorsement in its Annexure 1; the form, not rule 25A, sets the endorsement requirement. Section 44 exempts farmers from fees, which is explained in sections 42 to 44.

Rule 26: the application fee

"The fee for making application for registration of a plant variety under section 14 shall be such as specified in column (3) of the Second Schedule for the purpose."

The Second Schedule that applies today is the one substituted by G.S.R. 494(E) of 15 June 2015 (entry 9 as substituted by G.S.R. 863(E) of 20 November 2019). Its registration entries are:

EntryMatterAmount as printed
5Registration of essentially derived varietiesIndividual Rs. 7,000/-; Educational Rs. 10,000/-; Commercial Rs. 50,000/-
6Registration of an extant variety as notified under section 5 of the Seeds Act, 1966Rs. 2,000/-
7Registration of any variety of the genera and species other than extant varieties and farmers' varieties, as specified in clause (a) of section 14 read with section 29(2)Individual Rs. 7,000/-; Educational Rs. 10,000/-; Commercial Rs. 50,000/-
8Registration of a variety about which there is common knowledge, that is the extant variety as specified under clause (j)(iii) of section 2Individual Rs. 7,000/-; Educational Rs. 10,000/-; Commercial Rs. 50,000/-

The Schedule does not define "Individual", "Educational" or "Commercial". The text prints those words without explanation; check with the Authority which category applies to an applicant before paying. The full Schedule, with every entry, is in the Second Schedule article. Fees for tests are a separate entry (entry 1), covered with rules 28 and 29.

An invented example: a State agricultural university applies to register a new variety of a notified crop under entry 7. It should confirm with the Authority which of the three amounts applies, because the Schedule prints no definition. A seed company applying for the same kind of variety in a commercial capacity looks at the Commercial column.

Rule 27: proof of the right to apply

Rule 27 implements section 18(3), which allows a successor or assignee to furnish proof of the right to apply after making the application.

  • 27(1): where the application is made by "the successor or assignee of the breeder", the applicant "shall furnish documentary proof, at the time of making such application or within six months of making such an application", of the right to apply.
  • 27(2): for an assignment, the proof is "furnished in the manner specified in Form PV-2, given in the First Schedule"; for succession, "a succession certificate or any other document in support of succession proving the applicant to be the successor shall be furnished."
Applicant typeProofWhen
AssigneeForm PV-2With the application or within six months
SuccessorSuccession certificate or other document proving successionWith the application or within six months

The six months run "within six months of making such an application". The rule does not say what happens if the proof is not furnished. A successor who has not yet obtained a succession certificate should plan for the six-month window, and take advice early if the certificate is likely to take longer. For help with proof of title and the choice of applicant, our legal consultation team can review the documents.

Need help with who may apply and what to attach?

The right applicant, the right form and the right proof decide whether a registration application survives scrutiny. Our legal consultation team can check authorisations, assignments and succession papers before you file.

Key takeaways

  • Rule 24 is omitted (2015); extant varieties are governed by rule 22 as substituted.
  • Form PV-1 authorises a person to apply under section 16(1)(e) (rule 25).
  • Rule 25A points to the Sixth Schedule form for a farmers' variety.
  • The registration fee is in column (3) of the Second Schedule; entries 5 to 8 carry Individual, Educational and Commercial amounts that the Schedule does not define.
  • A successor or assignee proves the right to apply with the application or within six months; Form PV-2 for an assignment.

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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 Rules 24

  • 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.

Is rule 24 still in force?

No. It was omitted by G.S.R. 494(E) of 15 June 2015.

What is Form PV-1 for?

To authorise a person to register a variety under section 16(1)(e) (rule 25).

A licence should say what may be used, where, for how long and for how much — in that order of importance.

— TaxClue IP Desk

Rules 24: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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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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No. It was omitted by G.S.R. 494(E) of 15 June 2015.

To authorise a person to register a variety under section 16(1)(e) (rule 25).

The Sixth Schedule form, under rule 25A.

In the Second Schedule, as rule 26 says; entries 5 to 8 cover the registration categories.

Entry 6 of the Second Schedule: Rs. 2,000/-.

At the time of the application or within six months of it (rule 27(1)).

Form PV-2 (rule 27(2)).