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 28 requires the applicant to deposit the test fee. Rule 29 sets out how the Authority runs DUS (distinctiveness, uniformity and stability) tests and special tests: separate fees, field and multi-location testing for at least two similar crop seasons, empanelled institutions, published guidelines and seed standards. Two amendments changed it: rule 29(1)(c) in 2010 and rule 29(4), (4A) and (5) in 2015. Breeders planning a testing programme can take advice from our legal consultation team.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
The applicant deposits the test fee in column (3) of the Second Schedule (rule 28). DUS testing is field and multi-location based for at least two similar crop seasons; special tests are laboratory based and are done only when DUS testing fails to establish distinctiveness (rule 29(1)). The Registrar asks for the fee within two months after an initial scrutiny (29(2)). After 2015, DUS testing is necessary for all new and extant varieties except essentially derived varieties and varieties notified under section 5 of the Seeds Act, 1966 (29(4)). These rules implement section 19 of the Act.
Rule 28: fee for tests
"The applicant shall deposit the requisite fee for the purpose as specified in column (3) of the Second Schedule, with the Registrar for conducting the required tests under section 19."
The fee for tests is entry 1 of the Second Schedule as substituted in 2015. It reads: "Depend on the nature and type of test subject to a maximum of Rs.2,00,000/- per entry", and, for on-farm DUS testing, "fee shall depend on the location of DUS test sites subject to a maximum of four times of the fee specified for item (1)". These are quoted as printed; the Schedule does not give a single figure, so no total can be computed from it. The full Schedule is explained in the Second Schedule article. Rule 8(4) bars testing until the fee is deposited; see rules 8 to 10.
Rule 29: manner and method of tests
Rule 29(1): fees, special tests and seasons
| Clause | Rule |
|---|---|
| (a) | The Authority "shall charge separate fees for conducting DUS test and special test on each variety" |
| (b) | "The special tests shall be conducted only when DUS testing fails to establish the requirement of distinctiveness" |
| (c) | As substituted by G.S.R. 949(E) of 3 December 2010: "The DUS testing shall be field and multi-location based for at least two similar crop seasons and special tests will be laboratory based". Proviso: for trees and vines there is an option that "a panel of three experts shall visit the On-farm test sites for two similar crop seasons as may be specified" |
| (d) | The fee for DUS and special tests is as provided in column (3) of the Second Schedule |
Before 2010, clause (c) said field and multi-location testing for "at least two crop seasons". The 2010 text adds the word "similar" and the proviso for trees and vines. The rules do not say what counts as a "similar" season, and the DUS guidelines for each crop are published by the Authority in its journal (rule 29(9)); this article gives no crop-wise detail.
Rule 29(2) and (3): the fee request
If the Registrar, after initial scrutiny, "is satisfied that the application is in order, he shall notify the applicant to deposit the requisite fee, as specified in column (3) of the Second Schedule, within a period of two months for conducting the DUS test." On receipt of the fee the Registrar considers the application for further processing. Sub-rule (3) refers to the fee "demanded under sub-rule (1)", though the demand is made under sub-rule (2); the sense is clear.
Rule 29(4), (4A) and (5): as changed in 2015
G.S.R. 494(E) of 15 June 2015 substituted sub-rule (4) and added (4A), and omitted sub-rule (5):
- 29(4): "The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and for varieties notified under section 5 of the Seeds Act, 1966 (54 of 1966)."
- 29(4A): "The DUS criteria shall be determined based on report of the All India Coordinated Research Project trials."
- 29(5) (the manner of testing essentially derived varieties decided case by case) is omitted from rule 29. Rule 35, substituted in 2015, now covers the manner of testing essentially derived varieties; see the essentially derived variety article.
The 2003 text of 29(4) said the test was necessary "for all new varieties except essentially derived variety"; the 2015 text extends the test to extant varieties and carves out those notified under the Seeds Act.
Rule 29(6) to (10): locations, institutions and seed standards
| Sub-rule | Rule |
|---|---|
| (6) | DUS test on "a minimum of two locations" |
| (7) | The Authority may recognise and empanel institutions with adequate facilities for DUS or special tests |
| (8) | The Authority shall notify the adopted methods of conducting the tests |
| (9) | The Authority shall develop and publish in its journal guidelines for the DUS test for each crop |
| (10) | Samples of seeds or propagules and parental lines submitted for the tests and deposited at the National Gene Bank "shall present the maintainable standards of generic purity, and uniformity and germination, sanitary and phytosanitary standards" |
Rule 29(10) links with the seed obligation in section 19 of the Act: the applicant must make seed available, and its viability and quality must not be altered. See section 19. The Regulations, 2006 (regulations 11 and 12) deal with seed standards and quantities; the criteria for common-knowledge and farmers' varieties are in the DUS Criteria Regulations, 2009.
An invented example: a seed company applies to register a new maize hybrid. After initial scrutiny the Registrar notifies it to deposit the test fee within two months. The company must expect field testing for at least two similar crop seasons at a minimum of two locations; if DUS testing does not establish distinctiveness, a laboratory special test may follow, at a separate fee. A farmers' group applying for a farmers' variety uses different criteria; see the 2009 regulations.
If your company is planning a DUS programme, our legal consultation team can help you read these rules together with the crop-wise guidelines the Authority publishes.
Need help with DUS testing and fees?
DUS testing runs over seasons and fees are due at fixed points, so timing matters. Our legal consultation team can set out the steps, deadlines and documents for your variety and help you respond if the Registrar raises a query.
Key takeaways
- Test fees are in the Second Schedule (entry 1: depends on the test, with the maximum as printed); no testing begins until the fee is deposited.
- DUS testing is field and multi-location based for at least two similar crop seasons (2010 text); special tests are laboratory-based and only when DUS fails to establish distinctiveness.
- After 2015, DUS testing applies to all new and extant varieties except essentially derived varieties and varieties notified under section 5 of the Seeds Act.
- DUS criteria rest on All India Coordinated Research Project trial reports (29(4A)); guidelines for each crop are published in the Authority's journal.
- The Registrar asks for the fee within two months after initial scrutiny.
Read next
- Section 19: seed for testing and DUS tests
- DUS Criteria Regulations, 2009
- Rules 30-33: advertisement and opposition
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.