Rectify Plant 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 54 says registered breeders, agents and licensees must pay an annual fee, but points to a Schedule that does not contain it. Rules 55 to 59 give the procedure under section 36 of the Act: an application on Form PV-18 to cancel or change a certificate, an application on Form PV-19 to rectify the Register, and a Form O-9 notice when the Registrar acts on his own motion.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
Rule 54 requires the registered breeder, agent and licensee to pay an annual fee "at such rate as specified for the purpose in column (3) of the Second Schedule", but the Second Schedule has no annual-fee entry; the fee is set by notification S.O. 2182(E) of 26 August 2009, amended by S.O. 1598(E) of 15 June 2015 (rule 54). Form PV-18 applies to cancel or change a certificate and Form PV-19 to rectify the Register; the Registrar cannot reject without giving the applicant a reasonable opportunity to make a representation (rules 55 to 58). On his own motion, the Registrar serves Form O-9, and objectors have three months on Form PV-20 (rule 59). These rules carry out sections 35 and 36. Disputes about the Register often need our legal dispute resolution team.
Rule 54: the annual fee
"The registered breeder, agent and licensee shall pay an annual fee for retention of registration at such rate as specified for the purpose in column (3) of the Second Schedule."
A mismatch. Section 35(1) of the Act lets the Authority, with the Central Government's prior approval, impose by Gazette notification a fee payable annually by every registered breeder, agent and licensee. The Second Schedule substituted in 2015 has thirty-three entries and none of them is an annual fee for retention. The rule therefore points to a column that does not carry the rate. The rate is in the Authority's notification.
The notification, as notified. S.O. 2182(E) of 26 August 2009 was issued under section 35(1) by the Authority with the Central Government's approval. As notified (check plantauthority.gov.in for any later notification):
| Category | Annual fee |
|---|---|
| Any variety of the genera and species other than extant varieties and farmers' varieties, as specified in clause (a) of section 14 | Rs. 2000, plus 0.2 per cent of the sales value of the seeds of the registered variety during the previous year, plus 1 per cent of royalty, if any, received during the previous year from the sale proceeds of seeds of the registered variety |
| Extant variety notified under section 5 of the Seeds Act, 1966 | Rs. 2000 |
| Extant variety other than the above | Rs. 2000, plus 0.1 per cent of the sales value of the seeds during the previous year, plus 0.5 per cent of the royalty, if any, received during the previous year |
| Farmers' varieties (added by S.O. 1598(E) of 15 June 2015) | Rs. 10 |
For fixing the fee, the declaration given by the registered breeder, agent or licensee on the sales value of seed and royalty in the previous year, "verified by the Authority", is taken into consideration. Failure to deposit the annual fee for two consecutive years leads to notice and, if the notice is not complied with, forfeiture under section 35(2). See section 35. The Rules print no payment steps and none is described here.
Rules 55 and 56: cancel or change a certificate (section 36(1))
Rule 55(1): "Any person may make an application for changing the certificate of registration on the grounds laid down under sub-section (1) of section 36 to the Registrar." Section 36(1) speaks of "any person aggrieved" and the grounds of contravention of the Act or failure to observe a condition of the certificate.
Rule 55(2): every application is made in Form PV-18 and accompanied by a statement of the grounds.
Rule 56: the Registrar "may accept or refuse the application or accept it subject to any condition, amendment, modification or limitation as he may think fit to impose and shall inform the concerned parties in writing accordingly". Proviso: "no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection."
Entry 19 of the 2015 Second Schedule: "Application for cancellation or change of the certificate of registration of a plant variety", Rs. 10,000/-, Form PV 18.
Rules 57 and 58: rectify the Register (section 36(2))
Rule 57: any person may apply to the Registrar in Form PV-19, stating the grounds, "for making expunging or varying the entry" on the grounds in section 36(2): the absence or omission of an entry, an entry made without sufficient cause, or an entry wrongly remaining on the Register.
Rule 58: the Registrar may accept or refuse, or accept subject to conditions, and informs the parties in writing; the same proviso protects the applicant against rejection without a reasonable opportunity to make a representation.
Entry 20: "Application for correction in National Plant Variety Register", Rs. 10,000/-, Form PV 19. Entry 21: "Notice of opposition for application for correction in National Plant Variety Register", Rs. 5,000/-, Form PV 20.
Rule 59: the Registrar's own action (section 36(4))
| Sub-rule | Rule |
|---|---|
| 59(1) | When using the power in section 36(4) to cancel a registration, the Registrar may make changes to the registration; or, in the case of rectification of the Register, "shall give notice in Form O-9 of the Third Schedule" to the registered breeder, agent or licensee, if any, and to any other person who appears to have an interest in the plant variety, stating the grounds on which he intends to act |
| 59(2) | A person given notice who intends to oppose gives notice of opposition within three months from receipt, in Form PV-20, with a written statement of the facts and the relief sought |
| 59(3) | The Registrar, after hearing the person given notice, may pass such order as he thinks fit and informs the parties in writing |
Section 36(4) requires notice "in the prescribed manner" and an opportunity of being heard before the Registrar acts on his own motion; rule 59 supplies the form and the three-month period.
Sections 36 to 38 are explained in the Act article, and the correction of the Register by breeders and licensees is covered with rules 60 to 65.
An invented example: a seed company, Greenfield Seeds, finds that the Register still shows a licensee whose licence ended. It applies on Form PV-19 with the entry 20 fee to have the entry expunged. The Registrar must give it a reasonable opportunity to make a representation before rejecting. If the Registrar instead acts on his own, he serves Form O-9 on the breeder, agent and licensee, who have three months to oppose on Form PV-20.
Need help with Register disputes or annual-fee arrears?
Annual-fee defaults can lead to forfeiture and Register errors can undermine enforcement. Our legal dispute resolution team can prepare a rectification application or a reply to a Form O-9 notice, and review annual-fee declarations.
Key takeaways
- Rule 54 refers to the Second Schedule for the annual fee, but the rate is in S.O. 2182(E) of 2009 as amended by S.O. 1598(E) of 2015 (check for later notifications).
- Form PV-18 changes or cancels a certificate; Form PV-19 rectifies the Register; the fees are entries 19 and 20.
- No application is rejected without a reasonable opportunity to make a representation.
- On the Registrar's own motion, Form O-9 notice is served and objections go in Form PV-20 within three months.
- Two consecutive years of unpaid annual fee can lead to forfeiture under section 35.
Read next
- Section 35: annual fee and forfeiture
- Sections 36-38: cancel, rectify and alter denomination
- Rules 60-65: correction of the Register and denomination
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.