Section 19 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.
Section 19 requires every applicant to hand over seed of the variety for testing, to pay the test fee and to accept that the tests will be run in the manner the Rules prescribe. The testing is how the Authority checks distinctiveness, uniformity and stability before a variety is advertised and registered.
Provisions as amended up to the Tribunals Reforms Act, 2021 (in force 4 April 2021); no later amendment as of 3 October 2026. Later notifications should be checked on plantauthority.gov.in.
Along with the application, the applicant must make available seed of the variety (with parental material) in the quantity needed to test whether it conforms to the standards specified by regulations. Whoever holds the seed must keep it so that its viability and quality remain unaltered. The applicant deposits the prescribed test fee, and the tests are run in the prescribed manner and by the prescribed method.
Section 19(1): seed along with the application
"Every applicant shall, along with the application for registration made under this Act, make available to the Registrar such quantity of seed of a variety for registration of which such application is made, for the purpose of conducting tests to evaluate whether seed of such variety along with parental material conform to the standards as may be specified by regulations."
Three points follow from the wording:
- The duty falls on every applicant, and it arises along with the application.
- The seed is for tests of the variety and its parental material, so parental lines are in scope.
- The quantity and standards are not in the Act. They come from the regulations. Regulation 11 of the 2006 Regulations says that the test conforms to the DUS test guidelines published by the Authority in its Journal, and that the standards for evaluating seed under section 19(1) are those notified under the Seeds Act, 1966 or further amendments. Regulation 12 ties the quantities to the same DUS guidelines. See Regulations 10 to 13.
The proviso: keeping the seed
The Registrar, or any person or test centre to which the seed is sent, must "keep such seed during his or its possession in such manner and in such condition that its viability and quality shall remain unaltered." The proviso binds the Registrar and the test centre that holds the seed, not the applicant.
Section 19(2): the test fee
The applicant "shall deposit such fees as may be prescribed for conducting tests". The fee is in the Second Schedule to the Rules, as substituted in 2015. Rule 28 says the applicant deposits the requisite fee with the Registrar; the amounts are set out in the Second Schedule and are discussed in the Second Schedule article, not here.
Section 19(3): manner and method
"The tests referred to in sub-section (1) shall be conducted in such manner and by such method as may be prescribed." Rule 29 supplies it, as changed in 2010 and 2015. Read it with the following points.
| Point | What the rule provides |
|---|---|
| Separate fees | The Authority charges separate fees for the DUS test and for a special test on each variety (rule 29(1)(a)) |
| Special tests | Conducted only when DUS testing fails to establish distinctiveness (rule 29(1)(b)) |
| Field testing | Rule 29(1)(c) as substituted by G.S.R. 949(E) of 3 December 2010: DUS testing is "field and multi-location based for at least two similar crop seasons" and special tests are laboratory based. For trees and vines there is an option that a panel of three experts visits the on-farm test sites for two similar crop seasons as specified |
| Fee demand | After initial scrutiny, the Registrar notifies the applicant to deposit the requisite fee within two months for conducting the DUS test (rule 29(2)) |
| Locations | The DUS test is conducted on a minimum of two locations (rule 29(6)) |
| Test centres | The Authority may recognise and empanel institutions for DUS or special tests (rule 29(7)) and notifies the methods adopted (rule 29(8)) |
| Guidelines | The Authority develops and publishes crop-wise DUS test guidelines in its journal (rule 29(9)) |
Two further provisions changed in 2015 by G.S.R. 494(E) of 15 June 2015. Rule 29(4) was substituted to say that the DUS test "shall be necessary for all new and extant varieties except essentially derived varieties and for varieties notified under section 5 of the Seeds Act, 1966", and a new rule 29(4A) says the DUS criteria "shall be determined based on report of the All India Coordinated Research Project trials"; rule 29(5) was omitted. Rule 35 now says that the manner of testing essentially derived varieties is decided case by case and published in the Plant Variety Journal of India. Rule 30(2) was also substituted so that, before a variety is sent for DUS testing, the Registrar publishes in the Journal the name and location of the DUS test centre. Details are in rules 28 and 29.
Crop-wise DUS guidelines are published by the Authority; the guidelines themselves are not reproduced here.
An invented example: Malwa Seeds Pvt Ltd files for registration of a new soybean variety. After initial scrutiny it receives the Registrar's demand to deposit the test fee within two months, deposits the fee and the seed, and then follows the published DUS guidelines for the crop. The test runs on at least two locations over at least two similar crop seasons. If distinctiveness is not established by the DUS test, a laboratory-based special test may be used, for which a separate fee applies.
If you want help in reading the crop guidelines against your own trial data before you apply, a legal consultation is a sensible first step.
How section 19 fits the sequence
The application is made under section 18; the seed and fee follow under section 19; and only then does the Registrar decide on acceptance and advertisement under section 20. The criteria tested are those described in section 15. Deposit of seed in the National Gene Bank is a separate duty under section 27.
Need help with DUS testing?
Missed seed quantities, late fee deposits and mismatches with the crop guidelines cause avoidable delay. If you need to plan a test programme or respond to a Registrar's demand, speak to us through a legal consultation.
Key takeaways
- Seed of the variety, with parental material, must be made available along with the application.
- Seed held for testing must be kept so that viability and quality stay unaltered.
- The test fee is prescribed and deposited by the applicant.
- Rule 29 sets the DUS method: field, multi-location, at least two similar crop seasons; special tests are laboratory based.
- The 2015 amendments changed rule 29(4) and (5), rule 30(2) and rule 35.
Read next
- Section 18: contents of an application
- Sections 20-22: acceptance, advertisement and opposition
- Rules 28-29: DUS test fee and method
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.