Section 3 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 3 creates the Protection of Plant Varieties and Farmers' Rights Authority, the body that registers varieties, decides benefit sharing, grants compulsory licences and keeps the Register. It is a separate statutory body, administered under the Act and its own Rules.
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.
The Authority is a body corporate with perpetual succession and a common seal, headed by a Chairperson with fifteen members. The Registrar-General is the ex officio member-secretary. Eight seats are ex officio government and research posts, and seven are nominated: one each from farmers, tribal, seed industry, agricultural university and women's organisations, with two State Government representatives on rotation. The Chairperson appoints a Standing Committee of five.
What the Authority is: section 3(1)-(3)
The Central Government establishes the Authority by notification in the Official Gazette, "to be known as the Protection of Plant Varieties and Farmers' Rights Authority" (s.3(1)). It is a body corporate by that name, with perpetual succession and a common seal, with power to acquire, hold and dispose of movable and immovable property and to contract, and it can sue and be sued (s.3(2)). Its head office is at the place the Central Government specifies by notification, and, with that Government's previous approval, it may set up branch offices elsewhere in India (s.3(3)).
Who sits on it: section 3(4) and (5)
The Authority consists of a Chairperson and fifteen members (s.3(4)). The Chairperson is appointed by the Central Government and must be "a person of outstanding caliber and eminence, with long practical experience to the satisfaction of that Government especially in the field of plant varietal research or agricultural development" (s.3(5)(a)). The members are appointed under s.3(5)(b):
| Clause | Member | Appointed how |
|---|---|---|
| (i) | Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation | Ex officio |
| (ii) | Deputy Director General in charge of Crop Sciences, Indian Council of Agricultural Research | Ex officio |
| (iii) | Joint Secretary in charge of Seeds, Department of Agriculture and Cooperation | Ex officio |
| (iv) | Horticulture Commissioner, Government of India | Ex officio |
| (v) | Director, National Bureau of Plant Genetic Resources | Ex officio |
| (vi) | One member not below Joint Secretary rank, for the Department of Bio-technology | Ex officio |
| (vii) | One member not below Joint Secretary rank, for the Ministry of Environment and Forests | Ex officio |
| (viii) | One member not below Joint Secretary rank, for the Ministry of Law, Justice and Company Affairs | Ex officio |
| (ix) | One representative from a National or State level farmers' organisation | Nominated by the Central Government |
| (x) | One representative from a tribal organisation | Nominated |
| (xi) | One representative from the seed industry | Nominated |
| (xii) | One representative from an agricultural University | Nominated |
| (xiii) | One representative from a National or State level women's organisation associated with agricultural activities | Nominated |
| (xiv) | Two representatives of State Governments, on rotation | Nominated |
That makes fourteen entries and fifteen seats, since clause (xiv) carries two people. The department and ministry names are printed as in the Act; check the current designation of each post on plantauthority.gov.in. The Registrar-General is the ex officio member-secretary of the Authority (s.3(5)(c)), and under section 2(p) a "member" includes the member-secretary.
An invented example: a seed industry association in Hyderabad wants a voice on the Authority. The Act gives the seed industry one nominated seat, and it is the Central Government, not the association, that nominates.
Term, pay and resignation: section 3(6), (8)-(10)
The term of office of the Chairperson and the manner of filling the post are "such as may be prescribed" (s.3(6)). Salary, allowances and the conditions of service in respect of leave, pension, provident fund and other matters are also prescribed, as are the allowances for non-official members attending meetings (s.3(8)). The Rules fill these in. Rule 12 sets a term of five years or up to the age of sixty-five years, whichever is earlier, with re-appointment possible but no more than ten years in total; rule 13 gives the pay and perquisites admissible to a Secretary to the Government of India; rule 14 deals with resignation and removal; and rule 15 sets a three-year term for non-official members. See rules 11 to 15 for the detail.
The Chairperson may resign by written notice to the Central Government, and is deemed to have vacated the office when the resignation is accepted (s.3(9)). On a resignation or any other vacancy, the Central Government may appoint one of the members to officiate as Chairperson until a regular Chairperson is appointed under section 3(5)(a) (s.3(10)).
The Standing Committee: section 3(7)
The Chairperson appoints a Standing Committee of five members, one of whom must be a representative from a farmers' organisation, "to advise the Authority on all issues including farmers' rights." Its working is governed by the Rules; see rules 16 to 18. Its role is advisory, so it does not decide applications.
Why composition matters
Because decisions are taken by votes of members present, as the next sections show, a farmers' organisation, a tribal organisation and a women's organisation each hold seats alongside government and industry representatives. Anyone challenging an order cannot argue that the Authority was wrongly constituted merely because a seat was vacant or a member's appointment was defective; that protection is in section 4(6).
A farmer producer organisation preparing a claim or an objection will deal with the Registry in the first instance, but decisions on benefit sharing, compulsory licences and revocation come from the Authority. If you need to prepare a submission, a legal consultation can help you decide what to file and before whom.
Need help with the Authority and its processes?
Knowing who sits on the Authority and who decides what helps you plan an application, an opposition or a representation. Our team can review your papers and the stage you are at; start with a legal consultation.
Key takeaways
- The Authority is a body corporate with perpetual succession and a common seal, set up by Gazette notification.
- It has a Chairperson and fifteen members; the Registrar-General is the ex officio member-secretary.
- Eight members are ex officio and the rest are nominated by the Central Government, including farmers, tribal, seed industry, university and women's representatives.
- The Chairperson appoints a Standing Committee of five, including a farmers' organisation representative, to advise on all issues including farmers' rights.
- Term, pay and removal are in the Rules (rules 12 to 15), not in the Act.
Read next
- Sections 4-7: meetings, committees and officers
- Rules 11-15: the Chairperson's appointment, term and removal
- Rules 16-18: proceedings and the Standing Committee
- Sections 8-10: functions of the Authority
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.