Rules 40 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 40 to 44 set out the working procedure of section 26 of the Act. After a variety is registered, the Authority advertises the details of the certificate and invites claims; a claimant applies on Form PV-7 within six months; the breeder may accept or oppose on Form PV-8 within three months; the Authority decides by order on stated criteria; and an unpaid amount is referred to the District Magistrate. Claimants and breeders can take advice from our legal consultation team before the periods run.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
On registration, the Authority advertises ten categories of details of the certificate to invite claims (rule 40). A person, group, firm or non-governmental organisation claims on Form PV-7 within six months of the publication, extendable in special circumstances (rule 41). The registered breeder has three months to accept or oppose on Form PV-8; silence is presumed to mean no opposition (rule 42). The Authority fixes the amount by order on three criteria (rule 43). If the breeder does not deposit it in the Gene Fund within three months, the Registrar refers the matter to the District Magistrate in Form O-4 (rule 44).
Rule 40: publication of the certificate details
Rule 40 says that on issue of a registration certificate under section 23(8) or section 24(2), the Authority "shall advertise the following details" for the purpose of inviting claims for benefit sharing:
| Clause | Detail |
|---|---|
| (a) | Registration number with the date of grant |
| (b) | Name and address of the applicant or breeder in whose name the certificate is issued |
| (c) | Denomination of the variety |
| (d) | Name of the family, genus, species, variety and common name |
| (e) | Parentage and geographical location of the variety |
| (f) | Details of the distinguishing features or characteristics |
| (g) | For an essentially derived variety, details of the initial variety |
| (h) | Name and address of the contributor, nature and amount of the contribution or the community knowledge used in developing the variety |
| (i) | Terms and conditions of any agreement between the breeder and the contributor |
| (j) | If the variety is sold or otherwise disposed of, details of it |
Items (h) and (i) are what let a community or an institution recognise its own contribution. The breeder's application should therefore record contributors accurately, as discussed in section 18 and the Register particulars. The rule does not say where the advertisement is published or for how long.
Rule 41: the claim
41(1): after publication under section 26(1), "a person or group of persons or firm or a non-governmental organisation" can claim benefit sharing "in Form PV-7 of the First Schedule within a period of six months from the date of such publication". Proviso: "in special circumstances, the Authority may extend the time limit beyond the period of six months."
41(2): the claimant gives the following information:
- (a) the contribution made to the genetic development of the plant variety;
- (b) the capacity in which the claim is made;
- (c) for an essentially derived variety, the terms and conditions in which authorisation has been given;
- (d) the commercial viability or actual market performance of the variety.
41(3): the claimant pays the fee in column (3) of the Second Schedule. Entry 10 reads: "Application for benefit sharing", Rs. 10,000/-, Form PV7.
The Act limits who may claim: only Indian citizens, and firms or organisations formed or established in India (section 26(2) proviso). The rule does not repeat the restriction. See sections 25 and 26.
Rule 42: the breeder's response
| Sub-rule | Rule |
|---|---|
| 42(1) | On receipt of a copy of the claim, the registered breeder may accept the claim and intimate the Authority within three months |
| 42(2) | If the breeder fails to intimate within the three months, "it shall be presumed that he has no opposition to such claim and the claim shall be decided accordingly" |
| 42(3) | If within three months of receipt of notice of the claim the breeder files opposition, it "shall be taken into consideration" in deciding the claim |
| 42(4) | The notice of opposition is in Form PV-8 |
| 42(5) | On receiving the breeder's reply, the Authority furnishes a copy to the claimant |
| 42(6) | The breeder or claimant furnishes supporting documents and evidence, which are duly considered |
The fee for a breeder's notice of opposition is entry 11 of the Second Schedule: "Notice of opposition for benefit sharing", Rs. 5,000/-, Form PV8. The practical point is that silence from the breeder is treated as acceptance. A seed company that receives a copy of a claim and does nothing for three months has, under 42(2), no opposition, and the claim will be decided accordingly.
Rule 43: determination
The Authority "shall, by order, determine the amount of benefit sharing to a variety" according to clauses (a) and (b) of section 26(5) and "taking into account the following criteria":
- (a) the claimant's contribution in selecting, conserving and providing the genetic material;
- (b) the contribution of that genetic material in providing one or more traits which conferred high commercial value to the variety; and
- (c) the contribution of that genetic material to impart high combining ability to the parents of the hybrid variety relating to benefit sharing.
Section 26(5) also asks the Authority to consider the extent and nature of the use of the claimant's genetic material and the commercial utility and demand in the market of the variety, and requires the order to state the amount explicitly. The Rules print no percentage or formula and none is stated here.
Rule 44: recovery
"In case of default or failure on the part of the breeder of the variety to deposit the amount of benefit sharing in the Gene Fund, as per the order of the Authority of section 26, required under sub-section (6) within a period of three months from the date of such order, the Registrar shall make a reference to the District Magistrate under sub-section (7) of that section 26 in Form O-4 of the Third Schedule."
Under section 26(7) the amount is then recoverable as an arrear of land revenue by the District Magistrate within whose limits the breeder resides. The deposit goes to the National Gene Fund; see sections 45 and 46.
An invented example: a farmers' cooperative believes that a landrace it conserved supplied the genetic material for a registered wheat variety. After publication it files Form PV-7 with the entry 10 fee within six months, giving its contribution, its capacity, and the variety's market performance. The breeder files Form PV-8 within three months. After hearing both, the Authority fixes the amount by order. If the breeder does not deposit it within three months of the order, the Registrar refers the matter to the District Magistrate.
For help preparing or answering a benefit-sharing claim, our legal consultation team can review the claim, the evidence and the time limits.
Need help with a benefit-sharing claim?
Both claimants and breeders lose rights by missing short periods. Our legal consultation team can prepare a Form PV-7 claim or a Form PV-8 opposition and gather the contribution evidence the Authority will look for.
Key takeaways
- The Authority advertises ten categories of certificate details to invite benefit-sharing claims (rule 40).
- A claim is on Form PV-7 within six months of publication, extendable in special circumstances; the fee is entry 10 of the Second Schedule.
- The breeder has three months to accept or oppose on Form PV-8; silence is presumed to be no opposition.
- The Authority decides by order on three criteria about the claimant's contribution of genetic material.
- Non-deposit within three months leads to a reference to the District Magistrate in Form O-4.
Read next
- Sections 25-26: list of varieties and benefit sharing claims
- Sections 45-46: the National Gene Fund
- 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.