Bar 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 85 to 90 close the miscellaneous chapter's institutional provisions. The Authority's performance is reported to Parliament every year, the Government is bound by the Act, proceedings before the Authority and Registrar are treated as judicial, officials are protected for good-faith acts, civil courts cannot decide matters the Act gives to the Authority or Registrar, and the Authority's staff are public servants.
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 Central Government places a report on the Authority's performance before both Houses of Parliament once a year (s.85). The Act binds the Government (s.86). Proceedings on registration, agents, licences and compulsory licensing are judicial proceedings, and the Authority or Registrar is a civil court for specified purposes (s.87). No suit or prosecution lies for acts done in good faith (s.88). No civil court has jurisdiction over matters the Authority or Registrar is empowered to determine (s.89). The Authority's people are public servants (s.90).
Section 85: annual report
"The Central Government shall cause to be placed before both Houses of Parliament once a year a report regarding the performance of the Authority under this Act." The duty rests on the Central Government, not the Authority. Related provisions on audit and laying accounts are in sections 60 to 63.
Section 86: Government bound
"The provisions of this Act shall be binding on the Government." This matters because the Act treats the Central or State Government as the deemed owner of an extant variety unless a breeder establishes his right (section 28(1) proviso) and the Government may itself be a party before the Authority. The Act does not carve out exceptions.
Section 87: judicial proceedings
"All proceedings before the Authority or the Registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this Act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code (45 of 1860) and the Authority or the Registrar, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974)."
| Item | Effect |
|---|---|
| Covered proceedings | Registration of a variety or essentially derived variety, of an agent, of a licence, or of compulsory licensing |
| Indian Penal Code sections 193 and 228 | Treated as judicial proceedings for these sections as printed |
| Indian Penal Code section 196 | Same treatment for that section |
| Code of Criminal Procedure, 1973, section 195 and Chapter XXVI | The Authority or Registrar is deemed a civil court for these purposes |
The sections are quoted as printed. They refer to the Indian Penal Code and the Code of Criminal Procedure, 1973, which are old statutes: check the current law before relying on these references, and do not assume the section numbers still apply.
Section 88: good faith
"No suit, prosecution or other legal proceeding shall lie against the Central Government, or against the Chairperson, or members, or the Registrar or any person acting under such Government, Authority or Registrar under the provisions of this Act, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule, regulation, scheme or order made thereunder."
The protection covers acts "done or intended to be done" in good faith under the Act, rules, regulations, schemes or orders. It does not protect bad-faith acts. The Act does not define good faith, and the burden of showing it is not stated.
Section 89: bar of civil court jurisdiction
"No civil court shall have jurisdiction in respect of any matter which the Authority or the Registrar is empowered by or under this Act to determine." Before 2021 the clause also mentioned the Tribunal; the words "or the Tribunal" were omitted by the Tribunals Reforms Act, 2021.
| Question | Where it goes |
|---|---|
| Registration, opposition, entitlement of agents and licensees, benefit sharing, compensation, revocation, compulsory licence | The Authority or Registrar, with appeal to the High Court under section 56 |
| Infringement and other rights in a registered variety | The District Court under section 65 |
The result is a split: civil courts decide infringement suits under section 65, but matters the Act has given the Authority or Registrar to decide are outside the civil court. A claimant who goes to a civil court on a matter the Authority must decide risks a jurisdiction objection. For help choosing the right forum, our legal dispute resolution team can map your claim to the Act. See sections 64 to 67 and sections 54 to 59.
An invented example: a farmers' collective believes a variety was registered on incorrect information. It cannot file a civil suit asking the court to cancel the registration; the route is an application to the Authority for revocation under section 34, with an appeal to the High Court. Conversely, a licensee that finds a counterfeit packet in the market files an infringement suit in the District Court.
Section 90: public servants
The Chairperson, members, officers and other employees of the Authority, and the Registrar-General and the officers and employees working under him, "shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860)." Again, the reference is to the Indian Penal Code as printed; check the current law on that statute and the corresponding definition of public servant.
Need help choosing the right forum?
The split between the Authority, the High Court and the District Court decides whether a claim is heard at all. Start with our legal dispute resolution team.
Key takeaways
- The Central Government lays a yearly report on the Authority's performance before Parliament.
- The Act binds the Government.
- Registration-type proceedings before the Authority and Registrar are deemed judicial proceedings for the cited Indian Penal Code and Code of Criminal Procedure provisions, which are old statutes to be checked against current law.
- Good-faith acts under the Act are shielded from suit and prosecution.
- Civil courts have no jurisdiction over matters the Authority or Registrar decides; the Authority's staff are public servants.
Read next
- Sections 54-59: appeals to the High Court
- Sections 64-67: infringement suits
- Sections 91-94: tax exemption, overriding effect and directions
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.