Section 39 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 39 is the centre of the Act's farmers' rights. It lets a farmer register a variety like a breeder, gives farmers' varieties a simpler route, rewards conservers from the Gene Fund, preserves the traditional right to save, sow, exchange and sell farm produce, and gives compensation when seed fails to perform as the breeder disclosed.
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.
"Notwithstanding anything contained in this Act," a farmer who has bred a new variety is entitled to registration and protection like a breeder; a farmers' variety can be registered on the declarations in section 18(1)(h); a farmer conserving land races and wild relatives is entitled to recognition and reward from the Gene Fund; and a farmer may save, use, sow, resow, exchange, share or sell farm produce including seed as before the Act, but not branded seed. A breeder who sells propagating material must disclose expected performance, failing which a farmer can claim compensation.
Section 39(1): four rights
| Clause | Right |
|---|---|
| (i) | A farmer who has bred or developed a new variety is entitled for registration and other protection in like manner as a breeder |
| (ii) | A farmers' variety is entitled for registration if the application contains declarations as specified in clause (h) of section 18(1) |
| (iii) | A farmer engaged in conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation is entitled, in the prescribed manner, to recognition and reward from the Gene Fund, provided the material so selected and preserved has been used as donors of genes in varieties registrable under the Act |
| (iv) | A farmer is deemed entitled to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under the Act in the same manner as he was entitled before the coming into force of the Act, but not to sell branded seed |
Clause (i): the farmer as breeder
A farmer who breeds a new variety is placed on the same footing as any breeder. A farmer or farmer group planning a first application can take a legal consultation to check the route. Section 16(1)(d) lets a farmer, group or community of farmers apply; see section 16.
Clause (ii): farmers' varieties
The route for a farmers' variety is lighter: the application contains the declarations in section 18(1)(h) (that genetic or parental material was lawfully acquired), and the proviso to section 18(1) exempts a farmers' variety application from clauses (b) to (i) of that sub-section otherwise. The application form is the Sixth Schedule (rule 25A); see section 18.
Clause (iii): recognition and reward
The reward is "in the prescribed manner" and from the Gene Fund. The proviso sets a condition: the material selected and preserved must have been "used as donors of genes in varieties registrable under this Act". The Recognition and Reward Rules are explained in the Plant Genome Saviour Farmer Reward article.
Clause (iv): save, sow, exchange, sell, but not branded seed
A farmer "shall be deemed to be entitled to save, use, sow resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act". The proviso: "the farmer shall not be entitled to sell branded seed of a variety protected under this Act."
The Explanation defines the limit: "'branded seed' means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this Act."
| Activity | Position under clause (iv) |
|---|---|
| Save seed from the crop | Permitted |
| Use and sow or resow it | Permitted |
| Exchange or share it | Permitted |
| Sell farm produce including seed | Permitted in the same manner as before the Act |
| Sell seed in a package or container labelled as a variety protected under the Act | Not permitted (branded seed) |
The test for branded seed is the packaging and the label: a package or container, and a label indicating that the seed is of a protected variety. It is not enough that the variety is protected; the seed must be put up and labelled in that way. A farmer who sells loose seed from his own harvest is not selling branded seed on that definition.
An invented example: Meena, a farmer in Haryana, saves seed from her wheat crop, sows it next season and exchanges some with a neighbour. All of that is within clause (iv). If she buys a labelled packet of a protected variety and resells the packets as they are, she would be selling branded seed.
If you are a seed company or a farmer organisation setting up a seed-sharing or sale arrangement, a legal consultation can help you check which side of the branded-seed line it falls on.
Section 39(2): disclosure of expected performance and compensation
"Where any propagating material of a variety registered under this Act has been sold to a farmer or a group of farmers or any organisation of farmers, the breeder of such variety shall disclose to the farmer or the group of farmers or the organisation of farmers, as the case may be, the expected performance under given conditions, and if such propagating material fails to provide such performance under such given conditions", the farmer, group or organisation "may claim compensation in the prescribed manner before the Authority".
Procedure under the Act:
- The claim is made before the Authority in the prescribed manner.
- The Authority gives notice to the breeder and an opportunity to file opposition in the prescribed manner.
- After hearing the parties, the Authority may direct the breeder to pay such compensation as it deems fit.
Under rules 66 and 67, the claim is made by the farmer, group or organisation to the Authority in Form PV-25; the breeder has three months from receipt of notice to file opposition in Form PV-26; if he does not, it is presumed that he has no opposition and the claim is decided; and the Authority, after hearing both parties, may direct payment. See rules 66 to 70. Farmers pay no fees in proceedings before the Authority (section 44). An order on compensation is appealable to the High Court under section 56(1)(e).
The section does not say what the "expected performance" disclosure must contain or in what form; it says only that it must be disclosed to the buyer. A breeder should keep a record of what was disclosed with each sale.
Need help with farmers' rights?
Farmers, farmer producer organisations and seed companies each have different stakes in section 39. We can help you understand a seed-saving or compensation question and what to file. Speak to us through a legal consultation.
Key takeaways
- A farmer who breeds a new variety has the same registration rights as a breeder.
- A farmers' variety is registered on the section 18(1)(h) declarations.
- Conservers of land races and wild relatives can receive recognition and reward from the Gene Fund.
- Farmers may save, use, sow, resow, exchange, share or sell farm produce including seed, but not branded seed.
- Breeders must disclose expected performance; failure to perform can lead to a compensation order.
Read next
- Sections 40-41: disclosure of community genetic material and rights of communities
- Sections 42-44: innocent infringement, authorisation and fee exemption
- Rules 66-70: farmers' compensation and the Gene Fund
- Recognition and Reward Rules, 2012
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.