Rules 50 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 50 to 53 provide the forms and steps for two ways a registration can end: a breeder's offer to surrender the certificate, and an application by any person to revoke the protection. The 2015 amendment changed rule 53 to give the Authority, rather than the Registrar, the hearing and decision role, to publish revocation in the Journal and to substitute Forms PV-15, PV-16 and PV-17.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
A breeder offers to surrender by notice in Form PV-12 (rule 50). The Registrar notifies agents and licensees in Form O-7, who may oppose in Form PV-13 within three months (rule 51). Any person may apply in Form PV-15 for revocation on the grounds in section 34(a) to (h) (rule 52). The breeder is served in Form O-8 and has three months to oppose in Form PV-16; a hearing is sought on Form PV-17 (rule 53). After the 2015 amendment, references to the Registrar in 53(4) are to the Authority, and revocation is notified in the Journal. These rules carry out sections 33 and 34.
Surrender: rules 50 and 51
Section 33 of the Act lets a breeder offer to surrender a registration certificate "at any time", and requires the Registrar to notify each registered agent and licensee, who may oppose. Rules 50 and 51 give the steps.
| Rule | What it requires |
|---|---|
| 50 | The registered breeder may at any time, by notice to the Registrar, offer to surrender the certificate in Form PV-12 |
| 51(1) | The Registrar gives notice of every offer in Form O-7 of the Third Schedule to the registered agent or licensee |
| 51(2)(a) | A person given notice who intends to oppose gives notice of opposition to the Registrar in Form PV-13 "within three month of the receipt of such notice", with a written statement of the nature of the opponent's interest and the facts relied on |
| 51(2)(b) | The Registrar serves the notice and statement on the applicant |
| 51(3) | If the applicant wants to contest, a reply statement is filed within three months from receipt of the copy of the written statement, with a copy to the opponent |
| 51(4) | The applicant or any person given notice may apply in Form PV-14 for an opportunity of being heard |
| 51(5) | The Registrar may fix the time and place and issue notices; parties may appear and file evidence |
| 51(6) | The Registrar may accept or refuse the application, or accept it subject to conditions, amendments, modifications or limitations, and informs the parties in writing |
| 51(7) | If the offer is accepted, the Registrar by order directs the breeder to return the certificate; on receipt, the Registrar by order notifies the surrender in the Official Gazette |
Fees in the 2015 Second Schedule: entry 15, "Application of surrender of certificate of registration of plant variety", Rs. 5,000/-, Form PV 12; entry 16, "Notice of opposition for offer to surrender the certificate", Rs. 5,000/-, Form PV 13. No fee entry is printed for Form PV-14.
A licensee who relies on a variety should watch for Form O-7: three months is the period to oppose, and our legal dispute resolution team can prepare the opposition in time. Rule 51(7) still says "Official Gazette" for the surrender notification. The 2015 amendment changed the corresponding words in rule 53(5) only.
Revocation: rules 52 and 53
Rule 52: the application
"Any person may make an application to the Authority in Form PV-15 of the First Schedule, for revocation of protection granted to a breeder in respect of a variety on any of the grounds laid down under clauses (a) to (h) of section 34."
The eight grounds in section 34, repeated in Form PV-15 as substituted in 2015, are:
| Clause | Ground |
|---|---|
| (a) | The grant was based on incorrect information furnished by the applicant |
| (b) | The certificate was granted to a person not eligible for protection |
| (c) | The breeder did not provide the information, documents or material required for registration |
| (d) | The breeder failed to provide an alternative denomination where the earlier one was not permissible |
| (e) | The breeder did not provide the necessary seeds or propagating material to a compulsory licensee under section 47 |
| (f) | The breeder has not complied with the Act, rules or regulations |
| (g) | The breeder failed to comply with the Authority's directions |
| (h) | The grant is not in the public interest |
The section 34 text says "any person interested" may apply; rule 52 says "any person". Entry 17 of the Second Schedule: "Application to revoke certificate of registration", Rs. 20,000/-, Form PV 15. See sections 33 and 34.
Rule 53: procedure
| Sub-rule | Rule |
|---|---|
| 53(1) | The Authority issues notice in Form O-8 to the registered breeder of any application under rule 52 |
| 53(2)(a) | A breeder who intends to oppose gives notice in Form PV-16 within three months from receipt, with a written statement of the facts and the relief sought |
| 53(2)(b) | The registrar serves the notice and statement on the applicant |
| 53(3) | If the applicant wants to contest, a reply is filed within three months of receiving the copy of the statement, with a copy to the opponent |
| 53(4)(a)-(c) | The applicant and registered breeder may apply in Form PV-17 for a hearing; the Authority (the word "Registrar" was replaced by "Authority" in all three clauses in 2015) fixes time and place, issues notice, and may accept or refuse the application or accept it subject to conditions, and informs the parties in writing |
| 53(5) | If the Authority accepts the application, it may by order direct the breeder to return the certificate; on receipt, the Registrar by order notifies the revocation "in the Official Gazette" |
The 2015 amendment (G.S.R. 494(E) of 15 June 2015) replaced "Official Gazette" in 53(5) with "Journal", so the notification of revocation now appears in the Authority's Journal. It also substituted Forms PV-5, PV-15, PV-16 and PV-17. In brief: Form PV-15 lists the eight grounds as tick-points and asks for the applicant's name, relationship to the variety and address; Form PV-16 is the breeder's notice of opposition with a written statement, setting out the nature of the opponent's interest, the facts and the relief sought; Form PV-17 is a request for an opportunity of being heard in reference to an earlier application or notice.
Entry 18: "Notice of opposition to application to revoke certificate of registration", Rs. 5,000/-, Form PV 16.
Section 34's proviso protects the breeder: no protection is revoked unless the breeder has a reasonable opportunity to file objection and be heard. The Rules do not say what happens to the Register entry beyond notification; entry of the revocation date and grounds is item 15 of the Register particulars.
An invented example: a farmers' group learns that a registered variety was granted on the strength of a parental-material description it believes was wrong. It files Form PV-15 with the entry 17 fee, citing ground (a). The Authority serves Form O-8 on the breeder, who files Form PV-16 within three months; the group replies within three months of receiving the statement. Either side may ask for a hearing on Form PV-17.
If you are bringing or defending a revocation, our legal dispute resolution team can manage the pleadings and the hearing.
Need help with a surrender or revocation?
The periods in these rules are short and the Forms are specific. Our legal dispute resolution team can prepare an application or opposition, assemble the evidence and appear at the hearing.
Key takeaways
- Surrender: Form PV-12; Form O-7 notice to agents and licensees; Form PV-13 opposition within three months; the Registrar notifies acceptance in the Official Gazette (rule 51(7)).
- Revocation: any person applies on Form PV-15 on a section 34 ground; entry 17 fee.
- The breeder has three months to oppose on Form PV-16 after Form O-8.
- Hearing on Form PV-17; after 2015 the Authority hears and decides, and revocation is notified in the Journal.
- Fees: entries 15 to 18 of the Second Schedule.
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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.