Rules 66 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 66 to 70 carry out the farmers' rights chapter of the Act. A farmer, group of farmers or farmers' organisation can claim compensation on Form PV-25 where a variety fails to perform as disclosed; a community claim reaches the breeder through a Form O-12 notice; benefit sharing is deposited with the Gene Fund; and the Gene Fund is applied in a stated order of priority.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
A farmer, group of farmers or organisation of farmers claims compensation on Form PV-25 (rule 66). The breeder has three months to oppose on Form PV-26; silence is presumed to be no opposition, and the Authority may direct payment after a hearing (rule 67). For community claims under section 41, the Authority may issue notice in Form O-12; the breeder may object on Form PV-27 within three months, and any compensation is to be deposited with the Gene Fund within two months (rule 68). Benefit sharing goes into the Gene Fund (rule 69), which is applied in four priorities (rule 70). These rules implement sections 39, 41, 45 and 26.
Rule 66: a farmer's claim for compensation
Section 39(2) of the Act requires a breeder, agent or licensee to disclose the expected performance of a variety under given conditions; if the variety does not perform as disclosed, farmers may claim compensation before the Authority. See section 39.
- 66(1): "Any farmer, group of farmers or the organisation of the farmers may make an application, under sub-section (2) of section 39, to the Authority to claim compensation."
- 66(2): every application "shall be in Form PV-25 of the First Schedule".
The Rules do not state a period for the claim, and the Second Schedule as substituted in 2015 does not contain an entry for Form PV-25. No fee is therefore stated for the claim itself. Farmers are exempt from fees under section 44; see sections 42 to 44.
Rule 67: procedure on a compensation claim
| Sub-rule | Rule |
|---|---|
| 67(1) | The Authority gives notice to the registered breeder about the compensation claim received |
| 67(2) | After receiving notice, the breeder may, "within three months from the date of receipt of such notice", file notice of opposition in Form PV-26 |
| 67(3) | If the breeder fails to oppose within three months, "it shall be presumed that he has no opposition to such claim and accordingly such claim shall be decided" |
| 67(4) | On receiving opposition, the Authority gives both parties an opportunity of being heard and "may direct the breeder to pay such compensation to the farmer, the group of farmers or the organisation of the farmers, as the case may be, as it deems fit" |
The amount is left to the Authority ("as it deems fit"). The Rules give no formula, no ceiling and no period for payment. A breeder should treat the three-month period as the deadline for putting its case, because silence is treated as acceptance.
Rule 68: community claims under section 41
Section 41 allows claims on behalf of any village or local community for their contribution to the development of a variety, made at a centre notified under section 41(1). See sections 40 and 41.
- 68(1): on receiving "the report from the centre notified under sub-section (1) of section 41, in respect of claims filed by a person or group of persons or governmental or non-governmental organisation", and if satisfied, the Authority "may issue notice to the registered breeder or his assignee or registered agent in Form O-12 of the Third Schedule". Form O-12's title was substituted in 2015 to read "Notice for compensation towards communities' rights".
- 68(2): on receiving the notice, the breeder, assignee or registered agent "may file objection to the claim for compensation within three months in Form PV-27 of the First Schedule".
- 68(3): on receiving an objection, the Authority gives both parties an opportunity of being heard and, "after deciding on the eligibility for and quantum of compensation", directs the breeder to pay compensation to the claimant "and deposit the requisite funds within a period of two months with the Gene Fund".
The 2015 Second Schedule lists a notice of opposition to an application for claiming compensation, Rs. 5,000/-, against both Form PV 26 and Form PV 27 (entries 26 and 27). The Scheme of 2015 on community claims is explained in the Scheme article.
Rule 69: benefit sharing into the Gene Fund
"The breeder of a variety or essentially derived variety shall deposit the amount of benefit sharing, as required under sub-section (6) of section 26, with the Gene Fund." This is the deposit obligation after an order under rules 40 to 44; see rules 40 to 44. The rule does not describe a payment channel.
Rule 70: applying the Gene Fund
70(1): "The Authority shall pay the amount of benefit sharing, compensation required for use of genetic material towards evolution of new and essentially derived variety, to meet expenditure incurred for conservation and sustainable use of genetic resources and for the framing of schemes related to benefit sharing."
70(2): the Gene Fund "shall be applied for meeting the following purposes in accordance with the priority made hereunder":
| Priority | Purpose |
|---|---|
| (a) | To support and reward farmers and communities of farmers, particularly tribal and rural communities, engaged in conservation, improvement and preservation of genetic resources of economic plants and their wild relatives, particularly in areas identified as agro-biodiversity hot spots |
| (b) | For capacity building on ex situ conservation at the level of the local body, particularly in hot spots, and for supporting in-situ conservation |
| (c) | On benefit sharing and compensation in accordance with section 26(5) and section 41(3) |
| (d) | On transaction cost of administering the Gene Fund |
The order matters: rewards and support to farmers and communities come first and administration costs last. The Gene Fund itself is established by section 45 of the Act, discussed in sections 45 and 46. Later instruments deal with rewards and with funding of conservation; these are the Recognition and Reward Rules, 2012, the Community Award Rules, 2018 and the Gene Fund Utilisation Rules, 2025.
An invented example: a village farmers' organisation buys a branded hybrid seed after being told that it would yield at a stated level in given conditions, and the crop fails to perform as disclosed. It files Form PV-25. The breeder is notified and has three months to oppose on Form PV-26. After hearing both sides, the Authority decides what compensation to direct.
If your group or company is facing a compensation claim, our legal consultation team can help prepare the claim or the response.
Need help with farmers' rights claims?
Compensation and community claims have short response periods and the stakes can include payments into the Gene Fund. Our legal consultation team can prepare a Form PV-25 claim, a Form PV-26 opposition or a Form PV-27 objection.
Key takeaways
- A farmer, group of farmers or farmers' organisation claims compensation on Form PV-25 (rule 66).
- The breeder has three months to oppose on Form PV-26; silence is presumed to be no opposition.
- Community claims reach the breeder through Form O-12; objection on Form PV-27 within three months; compensation deposited with the Gene Fund within two months.
- Benefit sharing is deposited with the Gene Fund (rule 69).
- The Gene Fund is applied in four priorities, farmers' and communities' support first (rule 70).
Read next
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.