Rules 45 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 45 to 49 turn section 28(4) to (11) of the Act into procedure. A licensee or agent applies on Form PV-9 with three attested copies of the agreement; a dispute goes from the Registrar to the Authority; the certificate is in Form O-5; and variation or cancellation of the terms is sought on Form PV-10, with notice in Form O-6 and opposition on Form PV-11.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
An agent or licensee applies on Form PV-9 with three attested copies of the agreement or other evidence of entitlement and the Second Schedule fee (rule 45). If entitlement is disputed, the Registrar refers it to the Authority with three copies of the papers (rule 46). The certificate is in Form O-5 (rule 47). Variation or cancellation of terms is on Form PV-10 (rule 48), and anyone served with notice can oppose or intervene on Form PV-11 within three months (rule 49). Under section 28(11), the Authority gives directions before the Registrar decides.
Rule 45: application to register title
Rule 45(1): an application under section 28(4) for registration as an agent or licensee "shall be made in Form PV-9 of the First Schedule".
| Sub-rule | Rule |
|---|---|
| 45(2) | The application "shall be accompanied by three attested copies of the agreement or instrument of entitlement or any other documentary evidence" |
| 45(3) | The proposed agent or licensee may be required to produce other documents and information as the Registrar requires in support of proof of title |
| 45(4) | The applicant pays the fee in column (3) of the Second Schedule |
The fee is entry 12 of the 2015 Second Schedule: "Application for registering as agent/licensee", Rs. 15,000/-, Form PV9.
A licence is only as good as its drafting, so licensors often start with our agreement drafting team before they file. Why register? Section 28(1) gives the exclusive right to produce, sell, market, distribute, import or export to the breeder or successor, "his agent or licensee". Under section 28(4) an agent or licensee who becomes entitled applies to register the title, and the Registrar, on proof of title, registers the entitlement and enters its particulars and conditions in the Register. A registered agent or licensee can later call on the breeder to sue for infringement and, if the breeder does not act within three months, sue in its own name (section 28(6)). See section 28(4) to (11).
Agreements are usually drawn under the Regulations, 2006, which lay down the conditions for authorising a person (regulation 13 and Form 1A); see regulations 10 to 13.
Rule 46: disputes about entitlement
Under the proviso to section 28(4), where the validity of an entitlement is in dispute between the parties, the Registrar may refuse to register it and refer the matter to the Authority.
- 46(1): in referring the dispute, the Registrar "shall furnish all the relevant information related to dispute with three copies of all the documents and evidence available with his office".
- 46(2): on receiving the Authority's order, the Registrar furnishes copies to the persons involved "for necessary compliance".
The rules print no period within which the Authority must decide. The registration of the entitlement is withheld until the Authority has decided.
Rule 47: the certificate
"The certificate of registration to be issued to a registered licensee or an agent by the Registrar under sub-section (4) of section 28 shall be in Form O-5 of the Third Schedule." Under section 28(5), the certificate carries the brief conditions of entitlement and is "the conclusive proof of such entitlement and the conditions or restriction thereof, if any". See the Third Schedule article.
Rule 48: varying or cancelling the terms of registration
"An application under clause (a), (b), (c), (d) or (e) of sub-section (9) of section 28 for variation or cancellation of the terms of registration of a registered breeder or his successor or any other person shall be in Form PV-10 of the First Schedule." Every application is accompanied by the fee in column (3) of the Second Schedule.
Entry 13 of the Second Schedule: "Application for variation/cancellation of the terms of registration", Individual Rs. 3,000/-, Educational Rs. 5,000/-, Commercial Rs. 10,000/-, Form PV10. The Schedule does not define the three categories.
Section 28(9) lists who can apply and on what grounds:
| Clause | Application by | Effect or ground |
|---|---|---|
| (a) | Registered breeder or successor | Variation as to the variety or any condition or restriction |
| (b) | Registered breeder, successor, registered agent or registered licensee | Cancellation |
| (c) | Any other person | Cancellation for misrepresentation or non-disclosure of a material fact in the registration application, or because the registration ought not to have been effected given a right under a contract |
| (d) | Registered breeder or successor | Cancellation because a stipulation in the agreement with the agent or licensee is not being enforced or complied with |
| (e) | Any person | Cancellation because the variety is no longer existing |
Rule 49: notice and proceedings
| Sub-rule | Rule |
|---|---|
| 49(1) | The Registrar issues notice of every application under section 28(10) "in Form O-6 of the Third Schedule" to the registered breeder, agent or licensee |
| 49(2) | A person given notice who intends to oppose or intervene must, "within three months of the receipt of such notice", give notice of opposition or intervention to the Registrar in Form PV-11 |
| 49(3) | The Registrar furnishes a copy of the notice of opposition or intervention to the applicant |
| 49(4) | The Registrar may accept or refuse the application, or accept it subject to any condition, modification or limitation as directed by the Authority, and informs the parties in writing |
Entry 14 of the Second Schedule: "Notice of opposition to application for variation/cancellation of terms of registration", Rs. 5,000/-, Form PV11. Rule 49(4) matches section 28(11): before making an order under section 28(9), the Registrar forwards the application, with objections, to the Authority, which may issue directions, and the Registrar disposes of the application according to them.
An invented example: a seed company, Greenfield Seeds, licenses a registered hybrid to a distributor. The distributor files Form PV-9 with three attested copies of the licence and the entry 12 fee. Later the company finds the distributor is not complying with a stipulation in the licence. As the registered breeder it applies under section 28(9)(d) on Form PV-10 for cancellation of the terms of registration. The Registrar issues Form O-6 notice to the distributor, which has three months to oppose on Form PV-11.
If your company licenses registered varieties, our agreement drafting team can draft licences that meet the Regulations and prepare the Form PV-9 papers.
Need help with licences and agent registration?
Section 28(5) makes the certificate conclusive proof of entitlement, and cancellation applications can arrive from several quarters. Our agreement drafting team can prepare the licence, the title papers and the Forms, and advise on responses to a variation or cancellation notice.
Key takeaways
- Register an agent or licensee on Form PV-9 with three attested copies of the agreement and the entry 12 fee (Rs. 15,000/-).
- A disputed entitlement goes from the Registrar to the Authority, which decides before registration.
- The entitlement certificate is Form O-5 and is conclusive proof under section 28(5).
- Variation or cancellation: Form PV-10 (entry 13 fee); notice in Form O-6; opposition or intervention on Form PV-11 within three months (entry 14 fee).
- The Authority's directions bind the Registrar's final order.
Read next
- Section 28(4)-(11): registration of agents and licensees
- Regulations 10-13: forms, seed standards and Form 1A
- 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.