Rectification of 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.
Sections 36 to 38 deal with fixing the record. A person aggrieved can ask the Registrar to cancel or change a certificate or to rectify the Register; the Registrar can act on his own motion after notice; a breeder, agent or licensee can have errors corrected; and a breeder can ask to alter the denomination in a way that does not substantially affect its identity.
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.
On the application of any person aggrieved, the Registrar may cancel or change a certificate for contravention of the Act or failure to observe a condition, or make, expunge or vary an entry in the Register (s.36). The breeder may have errors corrected, changes entered, or the variety's entry cancelled (s.37), and a registered agent or licensee can have their own details corrected after notice to the breeder. A breeder may alter the denomination only in a manner not substantially affecting its identity (s.38).
Section 36: cancel, change and rectify
| Sub-section | Provision |
|---|---|
| 36(1) | On an application in the prescribed manner by any person aggrieved, the Registrar may make such order as he thinks fit for cancelling or changing any certificate of registration on the ground of contravention of the Act or failure to observe a condition on which the certificate was issued |
| 36(2) | A person aggrieved by the absence or omission of an entry from the Register, by an entry made without sufficient cause, or by an entry wrongly remaining on the Register, may apply to the Registrar, who may make an order for making, expunging or varying the entry |
| 36(3) | In any proceeding under the section the Registrar may decide any question necessary or expedient in connection with rectification of the Register |
| 36(4) | The Registrar may on his own motion, after notice in the prescribed manner to the parties concerned and an opportunity of being heard, make any order referred to in sub-section (1) or (2) |
Two different problems are covered. Sub-section (1) is about the certificate (a breach of the Act or a condition), and sub-section (2) is about the Register (a wrong, missing or wrongly retained entry). Sub-section (3) lets the Registrar decide connected questions in the same proceeding, and sub-section (4) is the suo motu route. Do not confuse section 36 with revocation under section 34: revocation is by the Authority on the eight grounds; section 36 is by the Registrar for contravention, conditions and entries.
The Rules for section 36
Under the Rules an application for changing a certificate is in Form PV-18 with a statement of grounds (rule 55); an application to rectify the Register is in Form PV-19 (rule 57). In each case the Registrar may accept, refuse or accept with conditions, and informs the parties in writing; no application is rejected unless the applicant has had a reasonable opportunity to make a representation (rules 56 and 58). For action on the Registrar's own motion, notice goes in Form O-9 to the registered breeder, agent or licensee and anyone with an interest, stating the grounds; a person opposing gives notice within three months in Form PV-20 with a written statement; and the Registrar passes an order after hearing (rule 59). Rule 54 on the annual fee sits in the same block of rules; see the annual fee article. Details are in rules 54 to 59.
An invented example: Navkar Agri Sciences Ltd finds that the Register still shows an old licensee against its variety, although the licence was cancelled years ago. Navkar is a person aggrieved by "any entry wrongly remaining on the Register". It applies under section 36(2) in Form PV-19, stating its grounds, and the Registrar can order the entry expunged. A legal dispute resolution adviser can help you decide between a rectification application and other routes.
Section 37: correction of the Register
| Sub-section | Who | What |
|---|---|---|
| 37(1)(a) | The breeder, on application | Correct any error in the Register in the name, address or description of the breeder or any other entry relating to the variety |
| 37(1)(b) | The breeder | Enter a change in the name, address or description of the breeder |
| 37(1)(c) | The breeder | Cancel the entry of the variety on which the application is made |
| 37(1) end | Make a consequential amendment of the certificate, requiring it to be produced | |
| 37(2) | A registered agent or licensee, after notice to the registered breeder | Correct any error or enter any change in the name, address or description of the agent or licensee in the Register or certificate |
Cancelling the entry of a variety under 37(1)(c) is at the breeder's own request, a different matter from surrender under section 33, which has its own notice to licensees. Read the two together if a breeder wants to exit a variety.
Rules: the breeder's application is in Form PV-21 (rule 60), the agent or licensee's in Form PV-22 (rule 62), and the Registrar gives notice to the breeder in Form O-10 (rule 63). Rule 63(2) in the printed text carries a stray proviso about tests under section 23(3), which belongs to essentially derived variety testing and does not fit this rule; it is flagged here as a drafting slip. See rules 60 to 65.
Section 38: altering the denomination
The breeder "may apply in the prescribed manner to the Registrar to delete any part or to add to or alter the denomination of such variety in any manner not substantially affecting the identity thereof". The Registrar "may refuse leave or may grant it on such terms and subject to such limitations as he may think fit to avoid any conflict with the rights of other breeders of the varieties registered under this Act."
- Advertisement and opposition (s.38(2)). The Registrar may advertise the application where expedient; if any person gives notice of opposition within the prescribed time, the Registrar decides after hearing the parties if required.
- Advertisement of the change (s.38(3)). Where leave is granted, the altered denomination is advertised unless the application was already advertised under sub-section (2).
Under the Rules, the application is made in Form PV-23 and the Registrar decides whether and on what conditions the amendment is allowed; the application is advertised in the Gazette or journal or a daily newspaper, and notice goes to persons who may have an interest (rule 64). An interested person can oppose within three months of the advertisement in Form PV-24, the Registrar hears both sides, and an altered denomination is advertised in Form O-11 (rule 65).
The limit "not substantially affecting the identity" means a breeder cannot use section 38 to swap a denomination for a wholly different one. The grounds on which a denomination is refused originally are in section 15(4); the same concerns apply when a denomination is altered.
Need help with the Register?
Errors in names, addresses, licence entries or denominations can affect your ability to enforce and to license. If you need to rectify an entry or oppose someone else's application, start with our legal dispute resolution team.
Key takeaways
- Any person aggrieved can ask the Registrar to cancel or change a certificate, or to make, expunge or vary a Register entry.
- The Registrar may act on his own motion after notice and a hearing.
- Breeders, agents and licensees can have errors and changes of name or address corrected.
- A denomination can be altered only if the identity is not substantially affected, and the Registrar can set conditions to avoid conflict.
- Procedure runs through Forms PV-18 to PV-24 and O-9 to O-11.
Read next
- Section 15(4) and 17: variety denomination
- Sections 33-34: surrender and revocation
- Rules 60-65: correction of the Register and alteration of denomination
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.