Sections 20 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.
After testing, the Registrar either accepts an application, asks for amendment or rejects it. An accepted application is advertised, and anyone interested has three months to oppose. Sections 20 to 22 set out that sequence, the four grounds of opposition and how the Registrar must decide.
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 Registrar may accept an application absolutely or with conditions (s.20(1)), or require amendment or reject it after giving a reasonable opportunity to present the case (s.20(2)). An accepted application is advertised, and any person may oppose within three months of the advertisement on four grounds. The applicant has two months to file a counter-statement or is deemed to have abandoned the application. The Registrar must give reasons and, by order, uphold or reject the opposition (s.22).
Section 20: acceptance, amendment or rejection
| Sub-section | What the Registrar may do |
|---|---|
| 20(1) | On receiving an application, after such inquiry as he thinks fit about its particulars, accept it absolutely or subject to conditions or limitations he deems fit |
| 20(2)(a) | If satisfied that the application does not comply with the Act, rules or regulations, require the applicant to amend it to his satisfaction |
| 20(2)(b) | Or reject the application |
| Proviso | No application is rejected unless the applicant has been given a reasonable opportunity of presenting his case |
The proviso is a hearing safeguard. An applicant who receives a rejection without having been heard can raise it on appeal to the High Court under section 56.
Section 21(1): advertisement
Once an application is accepted, the Registrar must "as soon as after its acceptance" have it advertised "in the prescribed manner calling objections", together with any conditions or limitations and the specifications of the variety, including its photographs or drawings. Under rule 30, the advertisement is made in Form O-1 of the Third Schedule, it mentions the places where a specimen of the variety may be inspected, and its contents include the parental line or initial variety, a description of the variety, its essential characteristics, important agronomic and commercial attributes, photographs or drawings, and any claim on the variety. Rule 30(2) was substituted in 2015: before sending a variety for DUS testing, the Registrar publishes in the Journal the name and location of the DUS test centre.
Section 21(2) and (3): who can oppose and on what grounds
"Any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration." The four grounds are:
- the person opposing is entitled to the breeder's right as against the applicant;
- the variety is not registrable under the Act;
- the grant of a certificate of registration may not be in public interest; or
- the variety may have an adverse effect on the environment.
Grounds (3) and (4) can be raised by someone with no breeder's claim of their own. Under rule 31 the notice is in Form PV-3, the fee is as in the Second Schedule, and no fee is payable for an opposition made by a farmer or group of farmers or village community.
An invented example: a farmers' collective in Odisha learns that a company has advertised a rice variety that the collective says it developed over generations. The collective can file Form PV-3 within three months of the advertisement on the ground that it is entitled to the breeder's right as against the company, and no opposition fee is payable by it.
Section 21(4) to (9): the opposition procedure
| Step | Provision | Period or rule printed |
|---|---|---|
| Registrar serves a copy of the notice of opposition on the applicant | s.21(4); rule 31(3) | Rule 31(3): within three months from the last date of filing of opposition |
| Applicant sends a counter-statement | s.21(4); rule 31(4)-(5) | Within two months from receipt of the copy; in Form PV-4; if not, the application is deemed abandoned |
| Registrar serves the counter-statement on the opponent | s.21(5); rule 31(6) | Rule 31(6): within thirty days of receipt, calling for the final opposition within thirty days of service |
| Evidence | s.21(6); rule 33 | Opponent's evidence within one month of receiving the counter-statement; applicant's within thirty days of receiving the opponent's evidence |
| Hearing | s.21(6) | The Registrar gives an opportunity to be heard, if desired |
| Decision | s.21(7) | After hearing the parties and considering the evidence, the Registrar decides whether, and on what conditions, registration is permitted |
Notes on the table. Rule 33(1) and (2) require evidence in duplicate with a copy to the other side, and further evidence only by leave or direction of the Registrar (rule 33(3)); documents are in triplicate and any document in a language other than English needs an attested English translation (rule 33(4)-(5)). In 2015, words in rule 31(4) about the Registrar deciding the merits if no counter-statement is filed were omitted by G.S.R. 494(E), and certain words in the heading of rule 33 and sub-rule (6) of rule 33 were omitted. The details are in rules 30 to 33.
Extension of time
The 2003 rule 32 said time schedules would not be extended. That rule was replaced by G.S.R. 494(E) of 15 June 2015. Rule 32 now says the time schedule for notice of opposition, final opposition, evidence, intervention, written statement and reply "shall not ordinarily be extended except by special order of the Authority or Registrar" on an application in Form PV-5 with the fee specified in the Second Schedule. Do not rely on any article that still describes the 2003 wording as current.
Security for costs
Under section 21(8), where an opponent or an applicant neither resides nor carries on business in India, the Registrar may require security for the costs of the proceedings, and if it is not given may treat the opposition or application as abandoned. Rule 31(8) says the security is an amount decided by the Authority; if the opposition is found frivolous, costs may be paid to the applicant from it, and if the opposition succeeds it is refunded.
Corrections
On request, the Registrar may permit correction of any error in, or amendment of, a notice of opposition or a counter-statement on such terms as he thinks fit (s.21(9); rule 31(7)).
Section 22: the decision
"The Registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition." Note the Registrar can also take into account a ground of objection "whether relied upon by the opponent or not" under section 21(7). An order under section 22 relating to registration is appealable to the High Court under section 56.
If you are an applicant weighing a response to an opposition, or an opponent considering whether to file, a legal consultation helps you check the grounds and the printed periods before the clock runs out.
Need help with an opposition?
Opposition periods are short and missing them can end a case. Our team can help you prepare a notice of opposition, a counter-statement or evidence within the printed periods. Start with a legal consultation.
Key takeaways
- The Registrar may accept, require amendment or reject; rejection needs a reasonable opportunity to be heard.
- Accepted applications are advertised; opposition lies within three months.
- Four grounds: entitlement to the breeder's right, non-registrability, public interest, adverse effect on the environment.
- The applicant has two months to counter or is deemed to have abandoned the application.
- The Registrar must give reasons and decide by order; farmers, farmer groups and village communities pay no opposition fee under rule 31(2).
Read next
- Section 19: seed and DUS tests
- Section 23: essentially derived varieties
- Rules 30-33: advertisement, opposition and evidence
- Sections 54-59: appeals to the High Court
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.