Rights 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.
Section 40 makes a breeder disclose in the application any use of genetic material conserved by tribal or rural families, on pain of rejection if the concealment is wilful. Section 41 lets any person, group or organisation file a claim on behalf of a village or local community for its contribution to a registered variety, with compensation paid by the breeder into the Gene Fund.
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.
A breeder must disclose in the application the information on the use of genetic material conserved by tribal or rural families; if the concealment is wilful and knowing, the Registrar may reject the application (s.40). Any person, group or organisation may file a claim at a notified centre for a village or local community's contribution to a variety; the centre verifies it; the Authority may grant compensation subject to any limit notified, which the breeder deposits in the Gene Fund and which is recoverable as an arrear of land revenue (s.41).
Section 40: disclosure in the application
| Sub-section | Provision |
|---|---|
| 40(1) | A breeder or other person applying under Chapter III shall disclose in the application the information regarding the use of genetic material conserved by any tribal or rural families in the breeding or development of the variety |
| 40(2) | If the breeder or person fails to disclose, the Registrar may, after being satisfied that the breeder or person has "wilfully and knowingly concealed such information", reject the application |
Section 40 works with section 18(1)(e), which already requires passport data and information on the contribution of any farmer, village community, institution or organisation. The two together build the record that later feeds benefit-sharing and community claims.
Note the standard in sub-section (2). Failure to disclose is not enough on its own; the Registrar must be satisfied that the concealment was wilful and knowing. The rejection power, as printed, is tied to that state of mind. If you are unsure what your breeding records show about tribal or rural sources, take a legal consultation before you file.
Section 41(1): who may claim, where and for what
"Any person or group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation may, on behalf of any village or local community in India, file in any centre notified, with the previous approval of the Central Government, by the Authority, in the Official Gazette, any claim attributable to the contribution of the people of that village or local community, as the case may be, in the evolution of any variety for the purpose of staking a claim on behalf of such village or local community."
Key points:
- The claimant is a representative: a person, a group (even if not engaged in farming) or an organisation, government or non-governmental.
- The claim is on behalf of a village or local community in India.
- It is filed at a notified centre, notified by the Authority with the Central Government's previous approval.
- It must be attributable to the contribution of the people of the village or community in the evolution of a variety.
The Act does not name the centres; they are notified. Check plantauthority.gov.in for the current position.
Section 41(2): verification
The notified centre "may verify the claim ... in such manner as it deems fit", and "if it is satisfied that such village or local community has contributed significantly to the evolution of the variety which has been registered under this Act, it shall report its findings to the Authority." Two conditions appear: a significant contribution, and a variety that has been registered.
Section 41(3): the Authority's order
When the Authority, on the centre's report, "is satisfied, after such inquiry as it may deem fit, that the variety with which the report is related has been registered under the provisions of this Act, it may issue notice in the prescribed manner to the breeder of that variety and after providing opportunity to such breeder to file objection in the prescribed manner and of being heard, it may subject to any limit notified by the Central Government, by order, grant such sum of compensation to be paid to a person or group of persons or governmental or non-governmental organisation which has made claim under sub-section (1), as it may deem fit."
Under rule 68, when satisfied, the Authority issues notice in Form O-12 to the registered breeder or his assignee or registered agent; they may object within three months in Form PV-27; and the Authority, after hearing both sides and deciding eligibility and quantum, directs payment and the deposit of the funds with the Gene Fund within two months. Form O-12 was substituted in 2015 (the Third Schedule entry). See rules 66 to 70.
Section 41(4) and (5): deposit and recovery
Compensation granted "shall be deposited by the breeder of the variety in the Gene Fund", and it "shall be deemed to be an arrear of land revenue and shall be recoverable by the Authority accordingly." Contrast the benefit-sharing recovery in section 26(7), which is by the District Magistrate on a reference; here the Authority itself recovers. The Gene Fund pays out the compensation under section 45(2)(b); see sections 45 and 46.
An invented example: the Gond community of a cluster of villages has long selected and conserved a particular pulse landrace, which a seed company used as a parent for a registered variety. A local NGO files a claim on the community's behalf at the notified centre. The centre verifies it, finds a significant contribution, and reports to the Authority. The Authority notifies the breeder, hears both sides and orders compensation within any limit the Central Government has notified. The breeder deposits the sum in the Gene Fund.
The scheme and the register of claims
Section 46 requires the Central Government to frame schemes for section 41 claims, including registration of claims, records and registers, and utilisation of amounts received. The Scheme of 2015 is explained in the Scheme 2015 article.
If your community or organisation is preparing a claim, or a company is responding to one, a legal consultation is a practical first step to organise the evidence of contribution.
Need help with a community claim or a disclosure?
Disclosure errors can cost an application, and a well-prepared community claim needs records of who conserved and developed what. Speak to us through a legal consultation.
Key takeaways
- Applications must disclose use of genetic material conserved by tribal or rural families (s.40(1)).
- The Registrar may reject only where concealment was wilful and knowing (s.40(2)).
- A person, group or organisation can claim on behalf of a village or local community at a notified centre.
- The centre verifies and reports; the Authority notifies the breeder, hears the parties and may grant compensation within any notified limit.
- The breeder deposits compensation in the Gene Fund; it is recoverable as an arrear of land revenue.
Read next
- Section 39: farmers' rights
- Sections 45-46: Gene Fund and schemes
- Scheme 2015: community claims
- Rules 66-70: farmers' compensation and the Gene Fund
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.