To the High Court 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.
Chapter VIII of the Act originally set up the Plant Varieties Protection Appellate Tribunal. The Tribunals Reforms Act, 2021 abolished it from 4 April 2021. Sections 54, 55, 58 and 59 are omitted, and appeals under section 56 and orders under section 57 now belong to the High Court.
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.
An appeal to the High Court lies within the prescribed period from five kinds of order: registration of a variety, registration of an agent or licensee, benefit-sharing claims, revocation or modification of a compulsory licence, and compensation (s.56(1)). The appeal is a written petition in the prescribed form (s.56(2)). The High Court hears both sides, may amend an order within thirty days to rectify an apparent mistake, may try to decide an appeal within one year, and sends the order to the Registrar (s.57). The Tribunal sections are omitted.
What changed in 2021
Section 23 of the Tribunals Reforms Act, 2021 (Act 33 of 2021), in force from 4 April 2021, amended this Act in Chapter VIII as follows.
| Provision | Change |
|---|---|
| Chapter heading | Substituted by "APPEALS" |
| Sections 54 and 55 | Omitted |
| Section 56 | "Tribunal" replaced by "High Court" wherever it occurs; sub-section (3) omitted |
| Section 57 | "Tribunal" replaced by "High Court" wherever it occurs; sub-section (5) omitted |
| Sections 58 and 59 | Omitted |
| Section 2 | Clauses (d), (n), (o), (y), (z) omitted; clause (q) substituted |
| Sections 44 and 89 | The words "or the Tribunal" omitted |
The Plant Varieties Protection Appellate Tribunal is no longer part of the scheme. If an older order or notice still mentions the Tribunal, a legal dispute resolution adviser can help you read it correctly. Other places may still contain the old words: rule 2(i) of the 2003 Rules defines "notice" as one issued "by the Tribunal or the Registrar or the Authority", and that reference stays as printed in the Rules; read it as no longer having a Tribunal to give notice.
Section 56(1): what can be appealed
"An appeal shall be preferred to the High Court within the prescribed period from any—"
| Clause | Order or decision |
|---|---|
| (a) | Of the Authority or Registrar, relating to registration of a variety |
| (b) | Of the Registrar, relating to registration as an agent or a licensee of a variety |
| (c) | Of the Authority, relating to a claim for benefit sharing |
| (d) | Of the Authority, regarding revocation of compulsory licence or modification of compulsory licence |
| (e) | Of the Authority, regarding payment of compensation, made under the Act or rules |
The list is specific. For instance, clause (d) names revocation and modification of a compulsory licence, not the grant of one. The text is as printed; take advice on whether a particular order fits one of the five heads.
The period
The Act gives no number of days. "Prescribed", for proceedings before a High Court, means prescribed by rules made by the High Court (section 2(q)(i), as substituted in 2021). The period for an appeal is therefore found in the High Court's rules, not in the Act or the Rules of 2003. No period is given here; check the rules of the High Court concerned and act early. A legal dispute resolution adviser can confirm the position for your court.
Section 56(2): the petition
"Every such appeal shall be preferred by a petition in writing and shall be in such form and shall contain such particulars as may be prescribed." Again the prescription is by the High Court's rules for its own proceedings. Sub-section (3) is omitted.
Section 57: orders of the High Court
| Sub-section | Provision |
|---|---|
| 57(1) | The High Court may, after giving both parties an opportunity of being heard, pass such orders as it thinks fit |
| 57(2) | At any time within thirty days from the date of the order, to rectify a mistake apparent from the record, the High Court may amend any order passed under sub-section (1), if the mistake is brought to its notice by the appellant or the opposite party |
| 57(3) | In every appeal, the High Court may, where it is possible, hear and decide it within one year from the date of filing |
| 57(4) | The High Court shall send a copy of any order passed to the Registrar |
| 57(5) | Omitted |
Sub-section (3) is worded "may, where it is possible", so the one-year target is an aim, not a deadline. Sub-section (4) matters for the Register: once a copy of the order reaches the Registrar, he can act on it, for example by correcting the Register.
An invented example: a farmers' collective has an opposition to a variety rejected by the Registrar, who then registers the variety. The collective is aggrieved by an order relating to registration of a variety, which falls under section 56(1)(a). It files a written petition in the High Court within the period set by that court's rules. After hearing both sides the High Court passes its order and sends a copy to the Registrar.
Omitted sections
Sections 54 and 55 and sections 58 and 59 stand omitted, and their old wording is not reproduced. Any older rules made for the former Tribunal are history only and are not explained here.
Related fee point
Farmers, groups of farmers and village communities are not liable to pay fees in any proceeding before the High Court under the Act or Rules; see section 44. Whether any High Court-side fee applies is a matter for that court.
Need help with an appeal?
Appeals under section 56 are time-bound and technical. Our team can advise on grounds and on the filing rules of the High Court concerned. Start with our legal dispute resolution service.
Key takeaways
- The Tribunal is gone; appeals under section 56 lie to the High Court.
- Five heads of order are appealable: registration, agent or licensee registration, benefit sharing, revocation or modification of a compulsory licence, and compensation.
- The period and form of appeal are set by the High Court's rules.
- The High Court can correct a mistake apparent from the record within thirty days of its order.
- The High Court sends its order to the Registrar.
Read next
- Section 2: definitions, including "prescribed"
- Sections 33-34: surrender and revocation
- Sections 47-49: compulsory licence
- Rules 1-2: definitions and amendment history
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.