Rules 30 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 30 to 33 turn section 21 of the Act into a step-by-step procedure: the Registrar advertises an accepted application and names the DUS test centre, any interested person may oppose in Form PV-3 within three months, the applicant answers in Form PV-4, both sides file evidence in set periods, and time may be extended only by a special order on Form PV-5. Either side of an opposition 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.
After acceptance, the Registrar advertises the application (rule 30). Any interested person may give notice of opposition in Form PV-3 within three months of the advertisement; a farmer, group of farmers or village community pays no opposition fee (rule 31). The applicant files a point-wise counter-statement in Form PV-4 within two months of service. Time limits are not ordinarily extended except by special order on Form PV-5 with the Second Schedule fee (rule 32, substituted in 2015). Evidence follows within one month and thirty days (rule 33). These rules implement sections 20 to 22 of the Act.
Rule 30: advertisement of the application
Rule 30 implements section 21 of the Act (see sections 20 to 22).
- 30(1): every accepted application, with its specifications, is advertised by the Registrar "in the manner specified in Form O-1 of the Third Schedule".
- 30(2) (substituted by G.S.R. 494(E) of 15 June 2015): "Before sending a variety for DUS testing, the Registrar shall publish in the Journal for the purposes of inspection by any person, the name and location of the DUS test centre where such variety will undergo the DUS testing." The 2003 text had required the advertisement to say where a specimen of the variety could be inspected.
- 30(3): the advertisement contains the name, passport data and source of the parental line or initial variety; a description of the character profile under the DUS test schedule; the essential characteristics conferring distinctiveness; important agronomic and commercial attributes; photographs or drawings, if any; and any claim on the variety.
Rule 31: notice of opposition and counter-statement
| Sub-rule | Rule |
|---|---|
| 31(1) | Any interested person may, "within three months from the date of advertisement of an application for registration", give notice of opposition in Form PV-3 of the First Schedule |
| 31(2) | The fee for opposition is as in column (3) of the Second Schedule; proviso: "no such fee shall be payable in respect of an opposition made by a farmer or group of farmers, or village community" |
| 31(3) | A copy of each notice of opposition is referred to the applicant by the Registrar within three months from the last date of filing of opposition |
| 31(4) | The applicant may submit a point-wise counter-statement "not later than two months from the date of service of the copy of the notice of opposition" |
| 31(5) | The counter-statement is in Form PV-4 |
| 31(6) | The Registrar conveys the counter to the opponent within thirty days of receipt and asks for the final opposition within thirty days from the date of service of the counter |
| 31(7) | The Registrar may allow correction of error or amendments in the notice of opposition or counter-statement on a written request |
| 31(8) | Security under section 21(8) is an amount decided by the Authority; if the opposition is found frivolous the Registrar may direct costs from the security and the balance is deposited in the Authority; if the opposition succeeds the security is refunded to the opposing party |
The 2015 change to 31(4). G.S.R. 494(E) omitted the words "failing which the Registrar shall decide the merits of the opposition and notify his decision by giving reasons therefor" from the end of 31(4). The rule now fixes the two-month period and stops there; it does not say what follows if no counter-statement is filed. The Act itself deals with abandonment: section 21(4) treats an applicant who does not send a counter-statement in time as having abandoned the application.
The current opposition fees are in the Second Schedule as substituted in 2015: notice of opposition (entry 2, Form PV3) Rs.10,000/- and counter statement (entry 3, Form PV4) Rs.2,000/-. The farmer proviso to 31(2) means that a farmers' group opposing a registration pays no opposition fee.
Rule 32: compliance with the time schedule (substituted in 2015)
The 2003 rule said the time schedule "shall not be extended and failure in compliance with these time schedules shall forfeit the opportunity granted". It has been replaced. Rule 32 now reads:
"The time schedule provided under these rules for notice of opposition, final opposition, evidence, intervention, written statement and reply shall not ordinarily be extended except by special order of the Authority or Registrar given on an application filed by the person seeking extension of time and on payment of the fee specified in the Second Schedule and such an application for extension shall be in Form PV-5 of the First Schedule."
Four things follow. The default is no extension ("not ordinarily"). An extension needs a special order. The application is on Form PV-5, which G.S.R. 494(E) also substituted. And a fee is payable: entry 4 of the Second Schedule, "Rs.5,000 /-per month", Form PV5. The rule does not say how many months may be asked for or on what grounds. Do not treat the old "forfeit the opportunity" wording as current.
Rule 33: evidence
Rule 33 was amended in 2015: words in the marginal heading ("evidence and time limit for filing notice of opposition, counter – statement") were omitted, and sub-rule (6) was omitted. The rule now has five sub-rules.
| Sub-rule | Rule |
|---|---|
| 33(1) | The opponent's evidence goes "in duplicate" to the Registrar, with a copy to the applicant, "within one month from the receipt of counter-statement of the applicant" |
| 33(2) | The applicant's evidence goes in duplicate to the Registrar, with a copy to the opponent, "within thirty days from the date of receipt of opponent's evidence" |
| 33(3) | No further evidence except by leave or directions of the Registrar |
| 33(4) | Copies of documents referred to in the notice of opposition or counter-statement, except the plant variety application, are in triplicate unless the Registrar directs otherwise |
| 33(5) | A document in a language other than English that is relied on needs an attested English translation in triplicate |
The omitted 33(6) had dealt with extension of the evidence period "except by a special order of the Registrar ... on payment of the fee ... in Form PV-5". That route is now in rule 32.
Printed periods at a glance
| Step | Period printed | Rule |
|---|---|---|
| Notice of opposition | Three months from the advertisement | 31(1) |
| Copy of notice to applicant | Within three months of the last date for filing opposition | 31(3) |
| Counter-statement | Not later than two months from service of the opposition copy | 31(4) |
| Counter conveyed to opponent | Within thirty days of receipt | 31(6) |
| Final opposition | Within thirty days from service of the counter | 31(6) |
| Opponent's evidence | Within one month of receipt of the counter-statement | 33(1) |
| Applicant's evidence | Within thirty days of receipt of opponent's evidence | 33(2) |
No dates are computed here; each period runs from the event the rule names.
An invented example: a farmer producer group learns that a seed company's rice variety has been advertised and believes it is a farmers' variety it has conserved for years. It files Form PV-3 within three months; no opposition fee is payable by a group of farmers. The company has two months from service to file Form PV-4 and the group then files its final opposition within thirty days. If the group needs more time for evidence, it must apply on Form PV-5 and pay the Second Schedule fee.
If you are on either side of an opposition, our legal consultation team can check the periods and prepare the Forms.
Need help with an opposition?
Opposition procedures turn on short periods and the right Form. Our legal consultation team can prepare a notice of opposition or a counter-statement, set out the evidence plan and advise on whether an extension is worth seeking.
Key takeaways
- Advertised applications can be opposed in Form PV-3 within three months; farmers, groups and village communities pay no opposition fee.
- The counter-statement (Form PV-4) is due within two months of service; the 2015 amendment dropped the words that said what the Registrar then did.
- Rule 32 (2015): no extension "ordinarily", except by special order on Form PV-5 with the Second Schedule fee.
- Evidence: opponent within one month of the counter-statement; applicant within thirty days of the opponent's evidence.
- Rule 33(6) is omitted; the extension route sits in rule 32.
Read next
- Sections 20-22: acceptance, advertisement and opposition
- First Schedule: Forms PV-1 to PV-33
- Second Schedule: fees
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.