Rules 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 8 says that every fee is paid at the rate in the Second Schedule, lists the permitted modes of payment, fixes the date of filing and allows rejection for non-payment. Rule 9 prescribes the paper, size and language of documents, and rule 10 sets the form of an affidavit.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
Fees are payable at the rates in the Second Schedule for registration, any right granted, and any application, document, notice of opposition, reply or counter reply (rule 8(1), as substituted in 2015). The date on which the entire fee is paid is the date of filing (rule 8(2)(d)). No test is conducted until the fee is deposited, and an application can be rejected for non-payment (rule 8(4)). Documents go on strong white paper in Hindi or English (rule 9), and affidavits must be dated, signed at the foot and carry the truth statement (rule 10). The Act's own provision on fees is in the application sections.
Rule 8(1): the fee is the Second Schedule fee
Rule 8(1) was substituted by G.S.R. 494(E) of 15 June 2015. It now reads: "The amount of fees payable in respect of the registration of plant varieties and grant of any right under the Act or any application or any document to be filed under the Act or the rules made thereunder shall be as per the rates specified in the Second Schedule."
The substitution widened the sentence. The 2003 text spoke of "any application or notice of opposition or reply or counter reply" and "other matters"; the 2015 text speaks of "any application or any document to be filed under the Act or the rules made thereunder". The rule carries no amount. Every figure sits in the Second Schedule, explained in the Second Schedule article. The annual fee to retain a registration under section 35 is separate, as that article explains.
Rule 8(2): how fees are paid
| Sub-rule | Rule |
|---|---|
| 8(2)(a) | Fees may be paid in cash or sent by money order, postal order, bank draft or cheque payable to the Authority or the Registrar at their respective offices, drawn on a scheduled bank at the place where the office is situated |
| Explanation | "Scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934) |
| 8(2)(b) | A cheque or draft (not cash) whose value cannot be collected within the time allowed for payment is accepted at the discretion of the Registrar |
| 8(2)(c) | Stamps are not received in payment of fees |
| 8(2)(d) | Where a fee is payable on filing a document, application or representation, the date on which the entire fee is paid is the date of filing |
The last clause is the one to watch. A part payment does not fix a filing date. An institute that files an application on a Monday but completes the fee on the following Friday has a filing date of that Friday, not the Monday. A cheque that cannot be collected in time is not automatically accepted; the Registrar has a discretion. The Rules print no online payment step, and none is described here.
Rule 8(3) and (4): tests and non-payment
Rule 8(3): where any test is required under the Rules, "the applicant or the concerned person shall be required to pay the requisite fee specified in the Second Schedule."
Rule 8(4): "Any application or representation or document shall be liable to be rejected on account of non-payment of fees and no test shall be conducted unless and until the parties interested deposit the required amount of fees as specified in the Second Schedule."
Two consequences. First, the Authority can reject, so an unpaid or short-paid filing is at risk. Second, DUS testing cannot start until the test fee is deposited. Seed for testing is dealt with under section 19 of the Act. A farmers' group applying for a farmers' variety should note that section 44 of the Act exempts farmers from fees; see sections 42 to 44.
If you are budgeting for a portfolio of filings, our IP portfolio management team can plan the schedule of fees against the Second Schedule entries.
Rule 9: size and form of documents
"All documents and copies of documents, except affidavits and drawings, sent to or left at the office of the Authority or otherwise furnished to the Registrar shall be written, typewritten, lithographed, or printed (either in the Hindi or in the English language unless otherwise directed or allowed by the Authority or the Registrar-General)":
- in large and legible characters with deep indelible ink,
- with lines widely spaced, upon one side only,
- on strong white paper of a size of approximately 33.00 by 20.50 centimetres (13 by 8 inches) or 29.7 by 21 centimetres (11 3/4 by 8 1/4 inches),
- with a margin of at least four centimetres (one and a half inches) on the left-hand part.
| Element | Requirement |
|---|---|
| Language | Hindi or English, unless otherwise directed or allowed |
| Ink | Deep and indelible |
| Paper | Strong white paper, one of the two sizes printed |
| Margin | At least four centimetres on the left |
| Exceptions | Affidavits and drawings |
A document that does not meet rule 9 can be queried under rule 3, which gives one month's notice to cure defects in particulars, but rule 9 itself does not state a consequence.
Rule 10: affidavits
"The affidavits required to be filed under these rules shall be dated and signed at the foot and shall contain a statement that the facts and matters stated therein are true to the knowledge, information and belief of the person making the affidavit."
An affidavit therefore needs three things: a date, a signature at the foot, and a statement of truth covering knowledge, information and belief. The rule does not say who may swear it, and it does not prescribe a stamp paper or oath format; those follow general law.
An invented example: a seed company files an affidavit with an application for a new variety. The affidavit is signed on page two but the date is on the cover sheet. Rule 10 asks for both a date and a signature at the foot, so the company should place both at the foot of the affidavit itself.
Need help with fees and filing papers?
Fees, copies and affidavits are small points that cause real delay. Our IP portfolio management team can prepare the papers, check the Second Schedule entry for each step and keep a calendar of what is due.
Key takeaways
- Every fee is at the Second Schedule rate; rule 8(1) was substituted in 2015 and carries no amount.
- The date the whole fee is paid is the date of filing (rule 8(2)(d)).
- Payment modes: cash, money order, postal order, bank draft or cheque on a scheduled bank; stamps are not accepted.
- An application can be rejected for non-payment and no test is run until the test fee is paid (rule 8(4)).
- Documents on strong white paper in Hindi or English; affidavits dated, signed at the foot, with the truth statement.
Read next
- Rules 3-7: particulars, address for service and filing
- Second Schedule: the fees
- Sections 42-44: fee exemption for farmers
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.