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Seed ActSeed Rules



Seed Act Seed Rules


Protect your brain and safeguard your ideas

Gone are the days when people used to believe in phrases like “knowledge is the best of all wealth, it is easy to carry, thieves cannot steal it, the tyrants cannot seize it, and neither water nor fire can destroy it”-Naladiyar. In the present global scenario, before even you protect your personal account number, you have to ensure about the confidentiality of your computer’s password. The public as well as private organizations are investing huge amount of money for maintaining the security of their information. The world is revolving around the novel ideas, innovations, technologies and ultimately money. The moment you put down ideas on the paper or a machine, in simpler way, in a tangible form, “BEWARE”, it needs to be protected from being copied. Most treasured asset then, now and always is “IDEAS, CREATIONS, INNOVATIONS” which collectively form “intellectual property”. IP law gives exclusive rights on the creation to the creator for certain period of time as a token of reward for the inventor and also as an incentive for others. The innovation/creation enters into public domain after the termination of the specified time period under IP law. All of our life is surrounded by IP in one or the other way. It covers a wide range of products from small screw to big machine, from genes to microorganisms, from life saving drugs to cosmetics, mere name of an organization or trade union to a logo of the company, a feature film, documentary, music, songs and the list goes on. There are numerous acts and laws in different countries that offer protection under various situations. The Director General of WIPO, Francis Gurry in his opening statement in the Assemblies of the Member States of WIPO held during September 22 to October 1, 2009 reports that 1.85 million patent applications, 3.3 million trademark applications and 621,000 industrial design applications were filed around the world in the year 2007.


India and IPR

Though Indian Patent laws were first promulgated in 1856 and new patent law was introduced after independence in 1970, India was not keen on enforcement of Intellectual Property Rights until recently. Being a member of World Trade Organization (WTO), it was compelled to implement WTO-standard IPR protection laws by 2005 and was given a time span of ten years from 1995 to 2005 to embrace the necessary modifications to its existing IP regime. The US has placed India in priority watch list for not providing sufficient level of IP protection. IPR in India comprises patents, copyright, designs, trademark, layout designs of integrated circuits, geographical indication and plant variety protection. There are separate legislations for each of these rights that specifies the rules and regulations, criteria for registration and stipulates the time period. Despite the fact that stronger IPRs encourage innovations, India is yet to enforce an effective IP setting. As the ruler so the ruled. The Indian companies are lagging in the number of patents filed. According to the annual report-2007/08 35,218 patents, 1,23,514 trademarks and 6,402 designs have been filed in the Indian Patent Office of which 15,261 patents, 1,00857 trademarks and 4,928 designs were granted. The number of patent applications when compared to other two Asian countries, China and Japan is awfully low. Thompson Reuters Patent Focus report-2009 states that the State Intellectual Property Office (SIPO) in China, received 613,922 patents from Chinese entities between January to November, 2008 and 396,291 patent applications were received by Japan Patent Office (JPO).


Forms of IPR

Patent is an exclusive right to use, sell or to license the invention, granted by the country to the inventor for maximum of 20 years from the date of filing in exchange for a public disclosure of the invention. It includes inventions in all fields of human endeavor and scientific discoveries like drugs, machines, automobiles, transgenics.


The most important requirement is functionality of the invention apart from novelty. The recent patent litigation in India include the rejection of the patent filed by Novartis on anticancer drug– “Gleevac” and TVS v/s Bajaj on Digital Twin Spark Plug Ignition [DTS-i] technology. The Department of Science and Technology under Technology Information Forecasting and Assessment Council (TIFAC) has set up Patent Facilitating Centre in 1995. PFC contributes first Indian patent searchable databases EKASWA-A, EKASWA-B, EKASWA-C which provides information on patent applications filed, published and notified for opposition.

Copyrights are group of rights that include publication, distribution and adaptation granted in the field of literary, artistic and scientific works like stories, dialogues, books, articles, paintings, cartoons, pictures, movies, songs, music and also software programmes. Related rights covers performance of performing artists, phonograms and broadcasts over television, radio, and stage performances etc., Copyright is granted upon mere creation and the rights can be exercised over a specified time period in relation to the type of work, after which it enters public domain.


Government of Karnataka has taken measures to combat video and audio cassette piracy by introducing Goonda Act. Industrial design rights are the rights that protect the visual design and appearance of the novel creations of objects like shape, color and configuration. Unlike patents, these rights are confined to outer look of an object and are valid for a period of 10 years from the date of filing.

Examples for industrial designs include mobile handsets, automobile designs, fabrics, etc. Trademark and trade name are the most well-known form of IPR. It comprises symbols, letters, words, logos, pictures, sound, combination of colours or any other such indications which are aimed to distinguish between different products or manufacturers.


Main purpose of the trademark is to avoid confusion and deception among buyers. The rights offered under these IP are for unlimited time period provided it is renewed for every ten years. For example Bata, Paragon, Boots are the trademark of different manufacturers of footwear. Geographical Indications are the rights enjoyed by a group of people for a good originating from a geographical area possessing the distinct features attributable to the geographic area of origin.

This right can also be renewed for every 10 years but it cannot be licensed. Famous GI include Kolhapuri chappals, Nagpur Oranges, Agra Petha, Assam Tea, Kanchipuram Sarees, etc., There are 61 registered GI’s in India of which 21 are from Karnataka including Mysore Silks, Mysore Rosewood inlay, Channapatna Toys, Nanjangud Banana etc. Most recent addition to this list is Tirupathi laddu which is facing criticisms for being recognised as GI. Rights of Plant breeders and farmers are shielded under Plant Varieties and Farmers’ Rights Protection which includes development of new and distinct varieties.


Semiconductor Integrated Circuit Layout Designs Act protects layout designs of integrated circuits and is binding for a period of 10 years THE SEEDS ACT, 1966 (ACT NO. 54 OF 1966) [29th December, 1966] An Act to provide for regulating the quality of certain seeds for sale, and for matters connected therewith BE it enacted by Parliament.


In the Seventeenth Year of the Republic of India as follows

  1. This Act may be called the Seeds Act, 1966.

  2. It extends to the whole of India.

  3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act, and for different States or for different areas thereof.


    In this Act, unless the context otherwise requires,

    1. “Agriculture” includes horticulture;

    2. “Central Seed Laboratory” means the Central Seed Laboratory established or declared as such under sub-section

    3. “Certification agency” means the certification agency established

    4. “Committee” means the Central Seed Committee constituted under sub-section

    5. “Container” means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which any article or thing is placed or packed;

    6. “Export” means taking out of India to a place outside India;

    7. “Import” means bringing into India from a place outside India;

    8. “Kind” means one or more related species or sub-species of crop plants each individually

    9. “notified kind or variety” , in relation to any seed, means any kind or variety thereof notified under Section 5;

    10. “Prescribed” means prescribed by rules made under this act;

    11. “seed” means any of the following classes of seeds used for sowing or planting-

      • seeds of food crops including edible oil seeds and seeds of fruits and vegetables;

      • cotton seeds;

      • seeds of cattle fodder; and includes seedlings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder;

    12. “Seed Analyst” means a Seed Analyst appointed under section 12;

    13. “Seed Inspector” means a Seed Inspector appointed under section 13;

    14. “State Government”, in relation to a Union territory, means the administrator thereof;

    15. “State Seed Laboratory”, in relation to any State, means the State Seed Laboratory established or declared as such under sub-section (2) of section 4 for that State

    16. “variety” means a sub-division of a kind identifiable by growth, yield, plant, fruit, seed, or other characteristic.


    Central Seed Committee

    1. The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Central Seed Committee to advise the Central Government and the State Governments on matters arising out of the administration of this Act and to carry out the other functions assigned to it by or under this Act.

    2. The Committee shall consist of the following members, namely

      • a Chairman to be nominated by the Central Government

      • eight persons to be nominated by the Central Government to represent such interests that Government thinks fit, of whom not less than two persons shall be representatives of growers of seed

      • one person to be nominated by the Government of each of the States

    3. The members of the Committee shall, unless their seats become vacant earlier by resignation, death or otherwise, be entitled to hold office for two years and shall be eligible for renomination.

    4. The Committee may, subject to the previous approval of the Central Government, make bye-laws fixing the quorum and regulating its own procedure and the conduct of all business to be transacted by it.

    5. The Committee may appoint one or more sub-committees, consisting wholly of members of the Committee or wholly of other persons or partly of members of the Committee and partly of other persons

    6. The functions of the Committee or any sub-committee thereof may be exercised notwithstanding any vacancy therein.

    7. The Central Government shall appoint a person to be the secretary of the Committee and shall provide the Committee with such clerical and other staff as the Central Government considers necessary.

    8. Central Seed Laboratory and State Seed Laboratory
      • The Central Government may, by notification in the Official Gazette, establish a Central Seed Laboratory or declare any seed laboratory as the Central Seed Laboratory to carry out the functions entrusted to the Central Seed Laboratory by or under this Act.

      • The State Government may, by notification in the Official Gazette, establish one or more State Seed Laboratories or declare any seed laboratory as a State Seed Laboratory where analysis of seeds of any notified kind or variety shall be carried out by Seed Analysts under this Act in the prescribed manner.

      • If the Central Government, after consultation with the committee, is of opinion that it is necessary or expedient to regulate the quality of seed of any kind or variety to be sold for purposes of agriculture, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of the Act and different kinds or varieties may be notified for different States or for different areas thereof.

      The Central Government may, after consultation of the Committee and by notification in the Official Gazette, specify

      • the minimum limits of germination and purity with respect to any seed of any notified kind or variety

      • the mark or label to indicate that such seed conforms to the minimum limits of germination and purity specified under clause (a) and the particulars which marks or label may contain.

      Seed of any notified kind or variety are

      • such seed is identifiable as to its kind or variety

      • such seed conforms to the minimum limits of germination and purity specified under clause (a) of section 6

      • the container of such seed bears in the prescribed manner, the mark or label containing the correct particulars thereof, specified under clause (b) of section 6

      • he complies with such other requirements as may be prescribed. Certification agency

      • The State Government or the Central Government in consultation with the State Government may, by notification in the Official Gazette, establish a certification agency for the State to carry out the functions entrusted to the certification agency by or under this Act.

      Grant of certificate by certification agency 9.

      1. Any person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety may, if he desires to have such seed certified by the certification agency, apply to the certification agency for the grant of a certificate for the purpose.

      2. Every application under sub-section

      3. shall be made in such form, shall contain such particulars and shall be accompanied by such fees as may be prescribed.

      4. On receipt of any such application for the grant of a certificate, the certification agency may, after such enquiry as it thinks fit and after satisfying itself that the seed to which the application relates conforms to the minimum limits of germination and purity specified for that seed under clause (a) of section 6, grant a certificate in such form and on such conditions as may be prescribed.

      Revocation of certificate 10. If the certification agency is satisfied, either on a reference made to it in this behalf or otherwise, that- (a) the certificate granted by it under section 9 has been obtained by misrepresentation as to an essential fact; or (b) the holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Act or the rules made thereunder; then, without prejudice to any other penalty to which the holder of the certificate may be liable under this Act, the certification agency may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate.

      If the certification agency is satisfied, either on a reference made to it in this behalf or otherwise, that- (a) the certificate granted by it under section 9 has been obtained by misrepresentation as to an essential fact; or (b) the holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Act or the rules made thereunder; then, without prejudice to any other penalty to which the holder of the certificate may be liable under this Act, the certification agency may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate.


      Appeal 11.

      1. Any person aggrieved by a decision of a certification agency under section 9 or section 10, may, within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to such authority as may be specified by the State Government in this behalf: Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellate was prevented by sufficient cause from filing the appeal in time.

      2. On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.

      3. Every order of the appellate authority under this section shall be final. Seed Analysts 12. The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Analysts and define the areas within which they shall exercise jurisdiction

      Seed Inspectors 13.

      • The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Inspectors and define the areas within which they shall exercise jurisdiction.

      • Every Seed Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as the State Government may specify in this behalf. Powers of Seed Inspector 14.

      Seed Inspector may-

      • take samples of any seed of any notified kind or variety from-

        • any person selling such seed

        • any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee

        • a purchaser or a consignee after delivery of such seed to him

      • send such sample for analysis to the Seed Analyst for the area within which such sample has been taken

      • enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed

      • examine any record, register, document or any other material object found in any place mentioned in clause (c) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act; and

      • exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule made thereunder.


      Where any sample of any seed of any notified kind or variety is taken under clause (a) of sub-section (1), its cost, calculated at the rate at which such seed is usually sold to the public, shall be paid on demand to the person from whom it is taken. (3) The power conferred by this section includes power to break-open any container in which any seed of any notified kind or variety may be contained or to break-open the door of any premises where any such seed may be kept for sale: Provided that the power to break-open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so.

      Where the Seed Inspector takes any action under clause (a) of sub-section (1), he shall, as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in the prescribed form and manner. (5) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code. Procedure to be followed by Seed Inspectors 15.


      Whenever a Seed Inspector intends to take sample of any seed of any notified kind or variety for analysis, he shall- (a) give notice in writing, then and there, of such intention to the person from whom he intends to take sample; (b) except in special cases provided by rules made under this Act, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits.

      When samples of any seed of any notified kind or variety are taken under sub-section (1), the Seed Inspector shall- (a) deliver one sample to the person from whom it has been taken; (b) send in the prescribed manner another sample for analysis to the Seed Analyst for the area within which such sample has been taken; and (c) retain the remaining sample in the prescribed manner for production in case any legal proceedings are taken or for analysis by the Central Seed Laboratory under sub-section (2) of section 16, as the case may be. (3) If the person from whom the samples have been taken refuses to accept one of the samples, the Seed Inspector shall send intimation to the Seed Analyst of such refusal and thereupon the Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Seed Inspector who shall retain it for production in case legal proceedings are taken.

      Where a Seed Inspector takes any action under clause (c) of sub-section (1) of section 14: (a) he shall use all despatch in ascertaining whether or not the seed contravenes any of the provisions of section 7 and if it is ascertained that the seed does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock of the seed seized; (b) if he seizes the stock of the seed, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof; (c) without prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall, on being satisfied that the defect has been so removed, forthwith revoke the order passed under the said clause.


      Where as Seed Inspector seizes any record, register, document or any other material object under clause (d) of sub-section (1) of section 14, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof. Report of Seed Analyst 16. (1) The Seed Analyst shall, as soon as may be after the receipt of the sample under sub-section (2) of section 15, analyse the sample at the State Seed Laboratory and deliver, in such form as may be prescribed, one copy of the report of the result of the analysis to the Seed Inspector and another copy thereof to the person from whom the sample has been taken. (2) After the institution of a prosecution under this Act, the accused vendor or the complainant may, on payment of the prescribed fee, make an application to the court for sending any of the samples mentioned in clause (a) or clause (c) of sub-section (2) of section 15 to the Central Seed Laboratory for its report and on receipt of the application, the court shall first ascertain that the mark and the seal or fastening as provided in clause (b) of sub-section (1) of section 15 are intact and may then despatch the sample under its own seal to the Central Seed Laboratory which shall thereupon send its report to the court in the prescribed form within one month from the date of receipt of the sample, specifying the result of the analysis. (3) The report sent by the Central Seed Laboratory under sub-section (2) shall supersede the report given by the Seed Analyst under sub-section (1).

      Where the report sent by the Central Seed Laboratory under sub-section (2) is produced in any proceedings under Section 19, it shall not be necessary in such proceedings to produce any sample or part thereof taken for analysis. Restriction on export and import of seeds of notified kinds or varieties 17. No person shall, for the purpose of sowing or planting by any person (including himself), export or import or cause to be exported or imported any seed of any notified kind or variety, unless- (a) it conforms to the minimum limits of germination and purity specified for that seed under clause (a) of section 6; and (b) its container bears, in the prescribed manner, the mark or label with the correct particulars thereof specified for that seed under clause (b) of section 6. Recognition of seed certification agencies of foreign countries 18.


      The Central Govt. may, on the recommendation of the Committee and by notification in the Official Gazette, recognise any seed certification agency established in any foreign country, for the purposes of this Act. Penalty 19. If any person- (a) contravenes any provision of this Act or any rule made thereunder; or (b) prevents a Seed Inspector from taking sample under this Act; or (c) prevents a Seed Inspector from exercising any other power conferred on him by or under this Act; he shall, on conviction, be punishable- (i) for the first offence with fine which may extend to five hundred rupees, and (ii) in the event of such person having been previously convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Forfeiture of property 20.

      When any person has been convicted under this Act for the contravention of any of the provisions of this Act or the rules made thereunder, the seed in respect of which the contravention has been committed may be forfeited to the Government. Offences by companies 21. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

      Not withstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. – For the purpose of this section,- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. Protection of action taken in good faith 22. No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government for anything which is in good faith done or intended to be done under this Act.

      Power to give directions 23. The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule made thereunder. Exemption 24. Nothing in this Act shall apply to any seed of any notified kind or variety grown by a person and sold or delivered by him on his own premises direct to another person for being used by that person for the purpose of sowing or planting. Power to make rules 25. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purpose of this Act. (2)


      In particular and without prejudice to the generality of the fore-going power, such rules may provide, for

      • the functions of the Committee and the travelling and daily allowances payable to members of the Committee and members of any subcommittee appointed under sub-section (5) of section 3

      • the functions of the Central Seed Laboratory

      • the functions of a certification agency

      • the manner of marking or labelling the container of seed of any notified kind or variety under clause (c) of Section 7 and under clause (b) of section 17

      • the requirements which may be complied with by a person carrying on the business referred to in section 7;

      • the form of application for the grant of a certificate under section 9, the particulars it may contain, the fees which should accompany it, the form of the certificate and the conditions subject to which the certificate may be granted

      • the form and manner in which and the fee on payment of which an appeal may be preferred under section 11 and the procedure to be followed by the appellate authority in disposing of the appeal

      • the qualifications and duties of Seed Analysts and Seed Inspectors

      • the manner in which samples may be taken by the Seed Inspector, the procedure for sending such samples to the Seed Analyst or the Central Seed Laboratory and the manner of analysing such samples

      • the form of report of the result of the analysis under sub-section (1) or sub-section (2) of section 16 and the fees payable in respect of such report under the said sub-section (2);

      • the records to be maintained by a person carrying on the business referred to in section 7 and the particulars which such records shall contain; and (l) any other matter which is to be or may be prescribed.

      Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, that rule shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Bill No.LII of 2002 THE SEEDS BILL,

      2004 ARRANGEMENT OF CLAUSES CHAPTER I PRELIMINARY CLAUSES

      1. Short title, extent, application and commencement.

      2. Definitions. CHAPTER II THE CENTRAL SEED COMMITTEE, REGISTRATION AND OTHER SUB-COMMITTEES

      3. Constitution of the Central Seed Committee.

      4. Composition of the Committee.

      5. Powers and functions of the Committee.

      6. Powers of Committee to specify minimum limits of germination, purity, seed health, etc.

      7. Registration and other Sub-Committees of the Committee and their functions.

      8. Procedure of the Committee and its Sub-Committees.

      9. Secretary and other officers of the Committee.

      10. Meetings of the Committee.

      11. State Seed Committee. CHAPTER III REGISTRATION OF KINDS AND VARIETIES OF SEEDS, ETC.

      12. Maintenance of National Register of Seeds of kinds and varieties.

      13. Registration of seeds of any kind or varieties.

      14. Procedure for registration.edf

      15. Special provision for registration of transgenic varieties.

      16. Cancellation of registration of seeds of kinds and varieties.

      17. Notification of cancellation of registration of seeds of kinds and varieties.

      18. Exclusion of certain kinds or varieties of seed from registration.

      19. Evaluation of performance.

      20. Compensation to farmers.

      21. Seed producers and processing units to be registered.

      22. Seed dealers to be registered.

      23. Horticulture nursery to be registered.

      24. Duties of registration holder of horticulture nursery. CHAPTER IV REGULATION OF SALE OF SEED AND SEED CERTIFICATION AGENCIES

      25. Regulation of sale of seeds of registered kinds and varieties.

      26. State Seed Certification Agency.

      27. Accreditation of Seed Certification Agencies.

      28. Grant of certificate by the State Seed Certification Agency.

      29. Revocation of certificate.

      30. Recognition of seed certification agencies in foreign countries. CHAPTER V APPEALS

      31. Appeals. CHAPTER VI SEED ANALYSIS AND SEED TESTING

      32. Central and State Seed Testing Laboratories.

      33. Seed Analysts.

      34. Seed Inspectors.

      35. Powers of Seed Inspector. CHAPTER VII EXPORT AND IMPORT OF SEEDS

      36. Import of seeds.

      37. Export of seeds. CHAPTER VIII OFFENCES AND PUNISHMENT

      38. Offences and punishment.

      39. Forfeiture of property.

      40. Offences by companies. CHAPTER IX POWER OF CENTRAL GOVERNMENT

      41. Power of the Central Government to give directions to the State Governments.

      42. Power of the Central Government to issue directions to the Committee.

      43. Exemptions from registration CHAPTER X MISCELLANEOUS

      44. Protection of action taken in good faith

      45. Power to remove difficulties.

      46. Power of Central Government to make rules.

      47. Power of the Committee to make regulations.

      48. Rules and regulations to be laid before Parliament.

      49. Repeal and savings. THE SCHEDULE THE SEEDS BILL, 2004 A BILL to provide for regulating the quality of seeds for sale, import and export and to facilitate production and supply of seeds of quality and for matters connected therewith or incidental thereto.


      BE it enacted by Parliament in the Fifty-Fifth Year of the Republic of India as follows

      1. This Act may be called the Seeds Act, 2004./p>

      2. It extends to the whole of India.

      3. Save as otherwise provided in this Act, it shall apply to- (a) every dealer; and (b) every producer of seed except when the seed is produced by him for his own use and not for sale.

      4. It shall come into force on such date as the Central Government may, by notification, appoint. Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.


      5. Definitions. 2. In this Act, unless the context otherwise requires

        1. "agriculture" includes horticulture, forestry and cultivation of plantation, medicinal and aromatic plants

        2. “Central Seed Testing Laboratory” means the Central Seed Testing Laboratory established or declared as such under sub-section (1) of section 32;

        3. "Certification Agency" means an agency established under section 26 or accredited under section 27 or recognised under section 30;

        4. “Chairperson” means the Chairperson of the Committee;

        5. “Committee” means the Central Seed Committee constituted under sub-section (1) of section 3;

        6. “container” means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which any article or thing is placed or packed

        7. “dealer” means a person who carries on the business of buying and selling, exporting, or importing seed, and includes an agent of a dealer

        8. “essentially derived variety”, in relation to a variety or an initial variety means a variety of seeds essentially derived from such initial variety when it- (a) is predominantly derived from such initial variety, or from a variety that itself is predominantly . derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety; (b) is clearly distinguished from such initial variety; and (c) conforms (except for the differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety

        9. “export” means taking out of India by land, sea or air;

        10. “extant variety” means a variety available in India which( a) had been notified under section 5 of the Seeds Act, 1966 and remains as such on the date of commencement of this Act; or (b) is a farmers’ variety as defined in clause (1) of section 2 of the Protection of Plant Varieties and Farmers’ Rights Act, 2001; or (c) is a variety about which there is common knowledge; or (d) a variety other than a variety referred to in sub-clauses (a) to (c) and is in the public domain

        11. “farmer” means any person who cultivates crops either by cultivating the land himself or through any other person but does not include any individual, company, trader or dealer who engages in the procurement and sale of seeds on a commercial basis

        12. “horticulture nursery” means any place where horticulture plants are, in the regular course of business, produced or propagated and sold for transplantation

        13. “import" means bringing into India by land, sea or air;

        14. “kind” means one or more related species or sub-species of crop plants each individually or collectively known by one common name such as cabbage, maize, paddy and wheat;

        15. “member” means a member of the Committee; 54 of 1966 53 of 2001

        16. “misbranded” - A seed shall be deemed to be misbranded if-

          • it is a substitute for, or resembles in a manner likely to deceive, another variety of seed under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true nature;

          • it is falsely stated to be the product of any place or country;

          • it is sold by a name which belongs to another kind or variety of seed; (iv) false claims are made for it upon the label or otherwise; (v) when sold in a package which has been sealed or prepared by, or at the instance, of the dealer and which bears his name and address, the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this Act;

          • the package containing it, or the label on the package bears any statement, design or device regarding the quality or the kind or variety of seed contained therein,

          • which is false or misleading in any material particular or if the package is otherwise deceptive with respect to its contents;

          • it is not registered in the manner required by or under this Act

          • the label contains any reference to registration other than the registration number;

          • its label does not contain a warning or caution which may be necessary, and sufficient, if complied with, to protect human, animal and plant life and health or to avoid serious prejudice to the environment;

          • the package containing it or the label on the package bears the name of a fictitious individual or company as the dealer of the kind or variety;

          • it is not labelled in accordance with the requirements of this Act or the rules made thereunder;

        17. "notification" means a notification published in the Official Gazette;

        18. “prescribed” means prescribed by rules made under this Act;

        19. “producer” means a person, group of persons, firm or organisation who grows or organizes the production of seeds;

        20. “registered kind or variety”, in relation to any seed, means any kind, or variety thereof, registered under section 13;

        21. “Registration Sub-Committee” means the Registration Sub- Committee constituted under sub-section (1) of section 7;

        22. “regulation” means a regulation made by the Committee under this Act;

        23. “seed” means any type of living embryo or propagule capable of regeneration and giving rise to a plant of agriculture which is true to such type;

        24. "Seed Analyst" means a Seed Analyst appointed under subsection (1) of section 33;

        25. "Seed Inspector" means a Seed Inspector appointed under sub-section (1) of section 34;

        26. “seed processing” means the process by which seeds and planting materials are dried, threshed, shelled, ginned or delinted (in cotton), cleaned, graded or treated;

        27. “spurious seed” means any seed which is not genuine or true to type;

        28. “State Government” ,in relation to a Union territory, means the administrator thereof;

        29. “State Seed Testing Laboratory”, in relation to any State, means the State Seed Laboratory established or declared as such under sub-section (2) of section 32 for that State;

        30. “transgenic variety” means seed or planting material synthesized or developed by modifying or altering the genetic composition by means of genetic engineering;

        31. “variety” means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be-

        • defined by the expression of the characteristics resulting from a given genotype of that plant grouping;

        • distinguished from any other plant grouping by expression of at least one of the said characteristics; and

        • considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers' variety and essentially derived variety.


        CHAPTER II THE CENTRAL SEED COMMITTEE, REGISTRATION AND OTHER SUB-COMMITTEES Constitution of Central Seed Committee.

        1. The Central Government shall, by notification, constitute, for the purpose of this Act, a Committee to be called the Central Seed Committee.

        2. The headquarters of the Central Seed Committee shall be at New Delhi. Composition of the Committee. 4.

        3. The Committee shall consist of a Chairperson, members, exofficio and other members, to be nominated by the Central Government.

        4. The Secretary to the Government of India in the Department of Agriculture and Co-operation, Ministry of Agriculture, shall be Chairperson, ex officio.

        5. The Committee shall consist of the following ex officio members, namely:-

          • the Agriculture Commissioner, Department of Agriculture and Co-operation, Government of India;

          • the Deputy Director General (Crop Sciences), Indian Council of Agricultural Research;

          • the Deputy Director General (Horticulture), Indian Council of Agricultural Research;

          • the Joint Secretary in charge of seeds in the Department of Agriculture and Co-operation, Government of India;

          • the Horticulture Commissioner, Department of Agriculture and Co-operation, Government of India;

          • a representative of the Department of Bio-technology, Government of India, not below the rank of Joint Secretary to the Government of India;

          • a representative of the Ministry of Environment and Forests, Government of India, not below the rank of Joint Secretary to the Government of India.


        The Committee shall consist of the following other members to be nominated by the Central Government, namely

        • the Secretary (Agriculture) from five States, one each from three out of the five geographical zones of the country as mentioned in the Schedule on rotation basis;

        • Director, State Seed Certification Agency from one State which is not represented under clause (i);

        • Managing Director, State Seeds Corporation, from one State which is not represented under clause (i) or clause (ii);

        • two representatives of farmers;

        • two representatives of seed industry;

        • two specialists or experts in the field of seed development. (5) The Committee may associate with it, in such manner, on such terms and for such purposes as it may deem fit, any person whose assistance or advice it may desire in complying with any of the provisions of this Act, and a person so associated shall have the right to take part in the discussion of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be fixed by the Central Government.


      6. The Committee may associate with it, in such manner, on such terms and for such purposes as it may deem fit, any person whose assistance or advice it may desire in complying with any of the provisions of this Act, and a person so associated shall have the right to take part in the discussion of the Committee relevant to the purposes for which he has been associated, but shall not have the right to vote and shall be entitled to receive such allowances or fees as may be fixed by the Central Government.

      7. A Member nominated under sub-section (5) shall, unless his seat becomes vacant earlier by resignation, death or otherwise, be entitled to hold office for two years from the date of his nomination but shall be eligible for re-nomination provided that the said member shall hold office only for so long as he holds the appointment by virtue of which his nomination was made.

      8. Save as otherwise provided, the terms and conditions of appointment of the members shall be such as may be prescribed.

      9. A member other than an ex officio member may resign his office by giving notice in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office.

      10. A person shall be disqualified for being nominated or appointed as a member if he

        • has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Central Government, involves moral turpitude;

        • is an un-discharged insolvent;

        • is of unsound mind and stands so declared by a competent court.

      11. ) No act or proceeding of the Committee shall become invalid merely by reason of

        • any vacancy therein, or any defect in the constitution thereof;

        • any defect in the appointment of a person acting as the Chairperson or a member of the Committee;

        • any irregularity in the procedure of the Committee not affecting the merits of the case. (11) The Central Government may, at any time, remove from office any member other than member, ex-officio after giving him a reasonable opportunity of showing cause against the proposed removal.


      Powers and functions of the Committee

      • seed programming and planning;

      • seed development and production;

      • export and import of seeds;

      • standards for registration, certification and seed testing;

      • seed registration and its enforcement;

      • such other matters as may be prescribed. Powers of Committee to specify minimum limits of germination, purity, seed health, etc.

      The Committee may, by notification, specify–

      • the minimum limits of germination, genetic and physical purity, and seed health, with respect to any seed of any kind of variety;

      • the mark or label on the packet or container to indicate that such seed conforms to the minimum limits of germination, genetic and physical purity, and seed health specified under clause (a), and other particulars, such as expected performance of the seed in accordance with the information provided by the producer under section 14 which such mark or label may contain. Registration and other Sub- Committees of the Committee and their functions.

      1. The Committee shall constitute a Sub-Committee to be called the Registration Sub-Committee consisting of a Chairman and such number of other members, to assist him in the discharge of the functions of the Committee, as may be prescribed.

      2. It shall be the duty of the Registration Sub-Committee-

        • to register seeds of varieties after scrutinizing their claims as made in the application in such manner as may be prescribed;

        • to perform such other functions as are assigned to it by the Committee.

      3. The Committee may appoint as many other Sub-Committees including a Sub-Committee on Seed Certification as it deems fit consisting wholly of the members of the Committee or wholly of other persons or partly of members of the Committee and partly of other persons as it thinks fit to exercise such powers and perform such duties as may be delegated to them.

      4. The Committee may, subject to the previous approval of the Central Government, make regulations for the purpose of regulating its own procedure and the procedure of any Sub-Committee thereof. Secretary and other officers of the Committee.

      5. The Central Government shall –

        • appoint a person to be the Secretary of the Committee;

        • provide the Committee with such technical and other officers and employees as may be necessary for the efficient performance of the functions of the Committee under this Act. Meetings of the Committee.

        • The Committee shall meet as and when necessary at such time and place and shall observe such procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations.

        • The Chairperson or, in his absence, the Agricultural Commissioner or, in the absence of both the Chairperson and the Agricultural Commissioner, any member chosen by the members present from amongst themselves, shall preside at a meeting of the Committee.

      6. All questions at a meeting of the Committee shall be decided by a majority of votes of the members present and voting and in the case of an equality of votes, the Chairperson or, in his absence, the Agricultural Commissioner or, in the absence of both the Chairperson and the Agricultural Commissioner the person presiding shall have and exercise a second or casting vote. State Seed Committee.


      7. Every State Government shall establish a State Seed Committee to –

      1. advise the Committee on registration of regional or local seeds of any kind or variety;

      2. advise the State Government on registration of seed producing units, seed processing units, seed dealers and horticulture nurseries;

      3. maintain, in each district, a list of seed dealers, seed producers, seed processing units and horticulture nurseries;

      4. seek information from persons engaged in the production, supply, distribution, trade or commerce in seeds of any kind or variety regarding stocks, prices, sales and other information in the manner as may be prescribed;

      5. advise the State Government and the Committee on all matters arising out of the administration and implementation of this Act;

      6. carry out other functions assigned to, by, or under this Act. CHAPTER III REGISTRATION OF KINDS AND VARIETIES OF SEEDS, ETC. Maintenance of National Register of seeds of kinds and varieties.

        • For the purposes of this Act, a register of all kinds and varieties of seed to be called the National Register of Seeds shall be kept by the Registration Sub-Committee wherein all specifications, as may be prescribed, shall be maintained.

        • Subject to the directions of the Committee, the Register shall be kept under the control and management of the Registration Sub- Committee.

        • The Registration Sub-Committee shall, within such intervals and in such manner as it thinks appropriate, publish the list of kinds and varieties of seed which have been registered during that interval.

      Registration of seeds of any kind or variety. 13.

      1. No seed of any kind or variety shall, for the purpose of sowing or planting by any person, be sold unless such seed is registered under sub-section (2) by the Registration Sub-Committee in such manner as may be prescribed.

      2. Subject to the provisions of sections 14 and 15, the Registration Sub-Committee may register or refuse to register any kind or variety of seed on the basis of information furnished by the producer who develops the variety on the results of multi-locational trials for such period as may be prescribed to establish the performance of that seed: Provided that no application for registration shall be refused under this sub-section unless the applicant has been given an opportunity to represent his case: Provided further that seeds of any kind or variety in respect of which a valid registration exist on the date of commencement of this Act are not required to be registered again under this section on basis of the information on the results of multi-location trials.

      3. The Registration Sub-Committee may grant provisional registration to the varieties of seeds, which are available in the market on the date of commencement of this Act.

      4. Registration made under this Act shall be valid for a period of fifteen years in the case of annual and biennial crops, and eighteen years for long duration perennials.

      5. At the expiry of the period granted under sub-section (4), the kind or variety of seed may be re-registered for a like period by the Registration Sub-Committee on the basis of information furnished by the producer on the results of such trials as may be prescribed under sub-section (2) to re-establish the performance of the kind or variety of seed.

      6. The Registration Sub-Committee shall have the power to issue such directions to protect the interests of a producer against any abusive act committed by any third party during the period between the date of filing of application for registration and the date of decision by the Committee on such application.


    9. Procedure for registration

      1. Every application for registration under sub-section (2) section 13 shall be made in such form and contain such particulars and be accompanied by such fees as may be prescribed.

      2. On receipt of any such application for the registration of a kind or variety of seed, the Registration Sub-Committee may, after such enquiry as it deems fit and after satisfying itself that the kind or variety of seed to which the application relates conforms to the claims made by the importer or by the seller, as the case may be, as regards the efficacy of the kind or variety of seed and its safety to human beings and animals, register the kind or variety, as the case may be, of the seed on such conditions as may be specified by it and allot a registration number thereto and issue a certificate of registration.

      3. The Registration Sub-Committee may, having regard to the efficacy of the seeds and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may, for that purpose, require the certificate holder by notice in writing to deliver the certificate to it within such time as may be specified in the notice. Special provision for registration of transgenic varieties.

      Notwithstanding anything contained in section 14, no seed of any transgenic variety shall be registered unless the applicant has obtained clearance in respect of the same as required by or under the provisions of the Environment (Protection) Act, 1986: Provided that the Registration Sub-Committee may, subject to clearance under the said Act, grant provisional registration, for a period not exceeding two years on the basis of information furnished by the producer on the results of multi-locational trials conducted in the prescribed manner. (2) Save as otherwise provided in sub-section (1), the form and manner in which and procedure for registration of transgenic variety of seed and the fee payable thereto shall be the same as applicable in case of registration under section 14. 29 of 1986 Cancellation of registration of seeds of kinds and varieties.

      The Registration Sub-Committee may cancel any registration granted under section 13 or section 15 or any one or more of the following grounds, namely:-

      • that the holder of the certificate has violated any of the terms and conditions of the registration;

      • that the registration has been obtained by misrepresentation or concealment of essential data;

      • that the variety is not performing in accordance with the information furnished by the producer under sub-section (2) of section 13 or has become obsolete or has outlived its utility and be made available for sale in the market in the public interest;

      • that prevention of commercial exploitation of such variety of seeds is necessary.

      • in the public interest;

      • to protect public order or public morality;

      • to protect human beings, animal and plant life and health to avoid serious prejudice to the environment. (2) No order of cancellation of registration under this section shall be made unless the holder thereof or the affected person concerned has been given a reasonable opportunity of showing cause in respect of the grounds for such cancellation.

      Notification of cancellation of registration of seeds of kinds and varieties. 17. The Registration Sub-Committee shall notify the cancellation of registration of any kind or variety of seed made under section 13 or any registration made under section 15 in the Official Gazette Exclusion of certain kinds or varieties of seed from registration. Evaluation of performance.

      1. Notwithstanding anything contained in this Act, no registration of any kind or variety of seed shall be made under this Act, if prevention of commercial exploitation of such kind or variety is necessary to protect public order or public morality or human, animal or plant life and health, or to avoid serious prejudice to the environment.

      2. A kind or variety of seed containing any technology, which is harmful, or potentially harmful, shall not be registered. Explanation.- For the purposes of this sub-section, the expression “technology” includes genetic use restriction technology and terminator technology.


      The Committee may, for conducting trials to assess the performance, accredit centers of the Indian Council of Agricultural Research, State Agricultural Universities and such other organizations fulfilling the eligibility requirements as may be prescribed, to conduct trials to evaluate the performance of any kind or variety of seed. Compensation to farmer.

      Where the seed of any registered kind or variety is sold to a farmer, the producer, distributor or vendor, as the case may be, shall disclose the expected performance of such kind or variety to the farmer under given conditions, and if, such registered seed fails to provide the expected performance under such given conditions, the farmer may claim compensation from the producer, dealer, distributor or vendor under the Consumer Protection Act, 1986.

      Seed producers and seed processing units to be registered.

      1. No producer shall grow or organize the production of seed unless he is registered as such by the State Government under this Act.

      2. No person shall maintain a seed processing unit unless such unit is registered by the State Government under this Act.

      3. The State Government shall register a producer or seed processing unit if he or it meets the specifications prescribed by the Central Government in terms of infrastructure, equipment and qualified manpower.

      4. Every application for registration under sub-section (3) shall be made in such form and manner and shall be accompanied by such fee as may be prescribed.

      5. The State Government may, after making such enquiry and subject to such conditions as it thinks fit, grant a certificate for maintaining a seed producing or a seed processing unit in such form as may be prescribed.

      6. Every seed producing unit and every seed processing unit shall furnish periodic returns on the quantity of seeds of different kinds or varieties produced or processed by it to the Seed Certification Agency in such form and at such time as may be prescribed.

      7. The State Government may, after giving the holder of certificate of registration under sub-section (1), or sub-section (2), as the case may be, suspend or cancel the registration if ¾ (a) such registration has been obtained by misrepresentation as to a material particular relating to the specification in terms of infrastructure, equipment or availability of qualified manpower; or (b) any of the provisions of this Act or the rules made thereunder has been contravened.


      Seed dealers to be registered.

      • Every person who desires to carry on the business of selling, keeping for sale, offering to sell, bartering, import or export or otherwise supply any seed by himself, or by any other person on his behalf shall obtain a registration certificate as a dealer in seeds from the State Government .

      • Every applicant for dealership under sub-section (1) shall be required to furnish information about seed stocks, sales and other related information as may be prescribed.

      • Even application for registration under sub-section(1) shall be made in such form and manner and shall be accompanied by such fee as may be prescribed.

      • The State Government may, after making such enquiry and subject to such conditions as it thinks fit, grant a certificate of registration as a dealer in seeds in such form as may be prescribed.

      • Every dealer registered under this section shall furnish to the State Government such information and returns regarding seed stocks, seed lots, expiry date of seed lots and other related information as may be prescribed.

      • The State Government may, after giving the dealer an opportunity of being heard, suspend or cancel a certificate granted under this Act if-

      such registration had been obtained by misrepresentation of any material fact;
      contravenes any of the provisions of this Act or the rules made thereunder. Horticulture nursery to be registered. 23.(1) No person shall conduct or carry on the business of horticulture nursery for any of the purposes of this Act unless such nursery is registered with the State Government. 24. Every application for registration under sub-section (1) shall be made in such form and contain such particulars and shall be accompanied by such fee as may be prescribed. Duties of registration holders of horticulture nursery.

      ) No person shall conduct or carry on the business of horticulture nursery for any of the purposes of this Act unless such nursery is registered with the State Government. 24. Every application for registration under sub-section (1) shall be made in such form and contain such particulars and shall be accompanied by such fee as may be prescribed. Duties of registration holders of horticulture nursery.

      Every person who is a holder of a registration of a horticulture nursery under section 23 shall

      • keep a complete record of the origin or source of every planting material and performance record of mother trees in the nursery;

      • keep a layout plan showing the position of the root-stocks and scions used in raising the horticulture plants;

      • keep a performance record of the mother trees in the nursery;

      • keep the nursery plants as well as the parent trees used for the production or propagation of horticulture plants free from infectious or contagious insects, pests or diseases affecting plants;

      • furnish such information to the State Government on the production, stocks, sales and prices of planting material in the nursery as may be prescribed.


      CHAPTER IV REGULATION OF SALE OF SEED AND SEED CERTIFICATION AGENCIES Regulation of sale of seeds of registered kinds and varieties. 25. No person shall himself, or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering, import or export or otherwise supply any kind of seed of any registered kind or variety unless- (a) such seed is identifiable as to its kind or variety; (b) such seed conforms to the minimum limit of germination and genetic, physical purity, maximum seed health specified under clause (a) of section 6; © the container of such seed bears in the prescribed manner, the mark or label bearing the correct particulars thereof, specified under clause (b) of section 6; (d) the container of such seed, in the case of transgenic varieties, bears a declaration to this effect; and 25. he complies with such other requirements as may be prescribed. State Seed Certification Agency. 26. The Committee may, in consultation with the State Government, by notification, establish a State Seed Certification Agency for the State to carry out the functions entrusted to the State Seed Certification Agency by or under this Act


      Accreditation of Seed Certification Agencies. 27

      1. The Committee may in consultation with the State Government and the State Seed Committee, accredit – (a) organizations to carry out certification, on the fulfillment of such criteria, as may be prescribed, or (b) individuals or seed producing organisations to carry out selfcertification, in such manner as may be prescribed.

      2. The accredited individuals and seed producing organisations shall be subject to such inspection and control of the Committee, the concerned State Government and State Seed Certification Agency, as may be prescribed.

      3. The accreditation may be withdrawn by the Committee, for reasons to be recorded in writing and after giving to the concerned organization or individual, as the case may be, a reasonable opportunity of being heard.

      Grant of certificate by the State Seed Certification Agency. 28.

      1. Any person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any registered kind or variety may, if he desires to have such seed certified by the State Seed Certification Agency, apply to that Agency for the grant of a certificate for the purpose.

      2. Every application under sub-section (1) shall be made in such form, shall contain such particulars and shall be accompanied by such fee as may be prescribed.

      3. On receipt of an application under sub-section (1), the State Seed Certification Agency may, after such enquiry as it thinks fit and after satisfying itself that the seed to which the application relates conforms to the prescribed standards, grant a certificate in such form and on such conditions as may be prescribed:

      Provided that such standards shall not be lower than the minimum limit of germination, genetic and physical purity specified for that seed under clause (a) of section 6. Revocation of certificate. 29. If the State Seed Certification Agency is satisfied, either on a reference made to it in this behalf or otherwise, that- (a) the certificate granted by it under section 28 has been obtained by misrepresentation as to an essential fact; or (b) the holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the certificate may be liable under this Act, the State Seed Certification Agency may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate. Recognition of seed certification agencies in foreign countries. 30. The Central Government may, on the recommendation of the Committee and by notification, recognise any seed certification agency established in any foreign country, for the purposes of this Act.


      APPEALS Appeals 31

      1. Any person aggrieved by a decision of the Registration Sub- Committee under section 14, section 16 or section 27 or of the State Seed Certification Agency under section 28 or section 29 may, within thirty days from the date on which the decision is communicated to him prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the Central Government may think fit to constitute: Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

      2. An appellate authority shall consist of a single person or three persons as the Central Government may think fit, to be appointed by that Government.

      3. The form and manner in which an appeal may be preferred under sub-section (1), the fee payable for such appeal and the procedure to be followed by the appellate authority shall be such as may be prescribed.

      4. On receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the other party an opportunity of being heard, dispose of the appeal as expeditiously as possible

      SEED ANALYSIS AND SEED TESTING Central and State Seed Testing Laboratories. 32.

      1. The Central Government may, by notification, establish a Central Seed Testing Laboratory or declare any seed-testing laboratory as the Central Seed Testing Laboratory to carry out the functions entrusted to the Central Seed Testing Laboratory by or under this Act in the prescribed manner.

      2. The State Government may, in consultation with the Committee, and by notification, establish one or more State Seed Testing Laboratories or declare any seed testing laboratory in the Government or non-Government sector as a State Seed Testing Laboratory where analysis of seed of any kind or variety shall be carried out under this Act in the prescribed manner.

      3. Every Seed Testing Laboratory referred to in sub-section (1) shall have as many Seed Analysts as the Central Government may consider necessary.

      4. Every Seed Testing Laboratory referred to in sub-section (2) shall have as many Seed Analysts as the State Government may consider necessary.


      Seed Analysts

      1. In case of the Central Seed Laboratory, the Central Government and in other cases the State Government may, by notification, appoint such persons as the concerned Government thinks fit and having the prescribed qualifications to be Seed Analysts and define the local limits of their jurisdiction.

      2. Every Central Seed Testing Laboratory established or declared under sub-section (1) of section 32 and every State Seed Testing Laboratory established or declared under sub-section (2) of that section shall have as many Seed Analysts as the Central Government or the State Government, as the case may be, specify.

      Seed Inspectors.

      1. The State Government may, by notification, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Inspectors and define the areas within which they shall exercise jurisdiction.

      2. Every Seed Inspector shall be subordinate to such authority as the State Government may specify in this behalf.

      Powers of Seed Inspectors.

      • The Seed Inspector may- (a) take samples of any seed of any kind or variety from

      • any person selling such seed;

      • any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee;

      • a purchaser or a consignee after delivery of such seed to him; (b) send such sample for analysis to the Seed Analyst of the area within which such sample has been taken; (c) enter and search, at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed;


      examine any record, register, document or any other material object found in any place mentioned in clause (c) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act; and (e) exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule or regulation made thereunder. (2) The power conferred by this section includes the power to break-open any container in which any seed of any kind or variety may be contained or to break-open the door of any premises where any such seed may be kept for sale: Provided that the power to break-open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so.

      Where the Seed Inspector takes any action under clause (a) of sub-section (1), he shall, as far as possible, call not less than two independent and respectable persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in such form and manner as may be prescribed. (4) The provisions of the Code of Criminal Procedure, 1973, or in relation to the State of Jammu and Kashmir, the provisions of any corresponding law in force in that State, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code, or, as the case may be, under the corresponding provisions of the said law.


      EXPORT AND IMPORT OF SEEDS Import of seeds.

      • shall be subject to the provisions of the Plant Quarantine (Regulation of Import into India) Order, 2003, or any corresponding order made under section 3 of the Destructive Insects and Pests Act, 1914;

      • shall conform to minimum limits of germination, genetic and physical purity, and seed health as prescribed under section 6;

      • shall be subject to registration as may be granted on the basis of information furnished by the importer on the results of multilocational trials for such period as may be prescribed to establish the performance.

      OFFENCES AND PUNISHMENT Offences and punishment.

      1. If any person

        • contravenes any provision of this Act or any rule made thereunder;

        • imports, sells, stocks or exhibits for sale or barter or otherwise supplies any seed of any kind or variety deemed to be misbranded

        • imports, sells, stocks or exhibits for sale or barter, or otherwise supplies any seed of any kind or variety without a certificate of registration

        • obstructs the Committee, Registration Sub-Committee or Seed Certification Agency or Seed Inspector or Seed Analyst or any other authority appointed or duly empowered under this Act in the exercise of its powers or discharge of their duties under this Act or the rules made thereunder, he shall, on conviction, be punishable – with fine which shall not be less than five thousand rupees but which may extend to twenty five thousand rupees.

      2. If any person sells any seed which does not conform to the standards of physical purity, germination or health or does not maintain any records required to be maintained under this Act or the rules made thereunder he shall, on conviction, be punishable with fine which shall not be less than five thousand rupees but which may extend to twenty- five thousand rupees.

      3. ) If any person furnishes any false information relating to the standards of genetic purity, misbrands any seed or supplies any spurious seed or spurious transgenic variety, sells any non-registered seeds he shall, on conviction be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both. Forfeiture of property.


      When any person has been convicted under this Act for the contravention of any of the provisions of this Act or the rules made thereunder, the seed in respect of which the contravention has been committed shall be forfeited to the Central Government. Offences by companies.

      Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

      Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

      For the purpose of this section,- (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. CHAPTER IX POWER OF CENTRAL GOVERNMENT Power of Central Government to give directions to the State Governments. 41. The Central Government may give such directions to any State Governments as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule made there under.


      Power of Central Government to issue directions to the Committee.

      1. Without prejudice to the foregoing provisions of this Act, the Committee shall, in the discharge of its functions and the performance duties under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.

      2. The decision of the Central Government whether a question is one of policy or not shall be final. Exemption from registration.

      3. Nothing in this Act shall restrict the right of the farmer to save, use, exchange, share or sell his farm seeds and planting material, except that he shall not sell such seed or planting material under a brand name or which does not conform to the minimum limit of germination,

      The Central Government may, by notification, and subject to conditions, if any, as it may specify therein, exempt from all or any of the provisions of this Act or the rules made thereunder, any educational, scientific or research or extension organization. CHAPTER X MISCELLANEOUS Protection of action taken in good faith. 44. No suit, prosecution or other legal proceeding shall lie against the Government or any person for anything which is in good faith done or intended to be done under this Act. Power to remove difficulties. 45. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty

      Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid before each House of Parliament.


      Power of Central Government to make rules.

      1. The Central Government may by notification, make rules to carry out the provisions of this Act.

      2. In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

        • the terms and conditions of appointment of members of the Committee under sub-section (7) of section 4

        • the matters to be prescribed under clause (f) of section 5

        • the number of other members who shall assist the Chairperson of the Registration Sub-Committee to discharge its functions under sub-section (1) of section 7

        • the manner of scrutinizing the claims as made in the applications under clause (a) of sub-section (2) of section 7

        • the manner of seeking information by a State Seed Committee under Clause (d) of Section 11

        • the specifications which shall be maintained in the National Register of Seeds of kinds or varieties under sub-section (1) of section 12

        • the manner of registration of seed of any kind or variety under sub-section (1) of section 13

        • the period which required to establish performance of seeds on the results of multi-locational trials conducted under subsection (2) of section 13

        • the form of application and the particulars which should be furnished, and the fee which should accompany, such application under sub-section (1) of section 14

        • the eligibility requirement which an organization shall fulfil for accreditation under section 19

        • the specification required to be fulfilled for registration as a producer or seed producing unit under sub-section (3) of section 21

        • the form and manner in which an application for registration under sub-section (3) of section 21 shall be made and the fee with which such application shall be accompanied under subsection (4) of said section

        • the form in which a certificate for maintaining a seed producing or seed processing unit may be granted under sub-section (5) of section 21

        • the form in which and time within which periodic returns shall be filled under sub-section (6) of section 21

        • the information which an application for dealership in seeds shall be furnished under sub-section (2) of section 22

        • the form and manner in which an application for registration as seed dealer under sub-section (1) of section 22 shall be made and the fee which shall accompany such application under subsection (3) of that section

        • the form in which a certificate of registration as a dealer in seeds shall be granted under sub-section (4) of section 22

        • the information and return which a registered dealer shall furnish to the State Government under sub-section (5) of section 22

        • the form in which an application for registration of a horticulture nursery shall be made, the particulars which such application shall contain and fee which shall accompany such application under sub-section (2) of section 23

        • the information on production, stocks, sales and prices of planting material in a nursery shall be furnished to the State Government under section 24

        • the manner in which the container of seeds shall bear the mark or label under clause (c) of section 25

        • the requirement which a person carrying on business of selling, etc. of any registered kind or variety of seeds shall comply with under clause (e) of section 25

        • the criteria to be fulfilled under clause (a) and the manner of carrying out self-certification under clause (b) of sub-section(1) of section 27

        • the inspection and control which Committee, the concerned State Government and the State Seeds Certification Agency shall carryout or have on an accredited individuals and seed producing organizations under sub-section (2) of section 27

        • the form of application and the particulars to be furnished in such application and the fee which shall accompany such application under sub-section (2) of section 28

        • the form in which and the conditions subject to which a certificate shall be granted under sub-section (3) of section 28

          • the form and manner in which an appeal shall be preferred and the fee which such appeal shall accompany and the procedure which the Appellate Authority shall follow under sub-section (3) of section 31

          • the manner in which a Central Seed Testing Laboratory established or declared under sub-section (1) of section 32 shall carry out its functions

          • the manner of carrying out analysis of seeds shall be made under sub-section (2) of section 32

          • the qualifications which a person to be appointed as Seed Analysts shall possess under sub-section (1) of section 33

          • the qualifications which a person to be appointed as Seed Inspector shall possess under sub-section (1) of section 34

          • the form and manner in which the memorandum shall be prepared under sub-section (3) of section 35

          • the grounds on which the Central Government may restrict export of seeds under section 37

          • ) any other matter which is to be or may be prescribed.


      the specification required to be fulfilled for registration as a producer or seed producing unit under sub-section (3) of section 21

      the information and return which a registered dealer shall furnish to the State Government under sub-section (5) of section 22;; (s) the form in which an application for registration of a horticulture nursery shall be made, the particulars which such application shall contain and fee which shall accompany such application under sub-section (2) of section 23; (t) the information on production, stocks, sales and prices of planting material in a nursery shall be furnished to the State Government under section 24; (u) the manner in which the container of seeds shall bear the mark or label under clause (c) of section 25. (v) the requirement which a person carrying on business of selling, etc. of any registered kind or variety of seeds shall comply with under clause (e) of section 25

      the criteria to be fulfilled under clause (a) and the manner of carrying out self-certification under clause (b) of sub-section(1) of section 27; (x) the inspection and control which Committee, the concerned State Government and the State Seeds Certification Agency shall carryout or have on an accredited individuals and seed producing organizations under sub-section (2) of section 27; (y) the form of application and the particulars to be furnished in such application and the fee which shall accompany such application under sub-section (2) of section 28; (z) the form in which and the conditions subject to which a certificate shall be granted under sub-section (3) of section 28; (za) the form and manner in which an appeal shall be preferred and the fee which such appeal shall accompany and the procedure which the Appellate Authority shall follow under sub-section (3) of section 31;

      the manner in which a Central Seed Testing Laboratory established or declared under sub-section (1) of section 32 shall carry out its functions; (zc) the manner of carrying out analysis of seeds shall be made under sub-section (2) of section 32; (zd) the qualifications which a person to be appointed as Seed Analysts shall possess under sub-section (1) of section 33; (ze) the qualifications which a person to be appointed as Seed Inspector shall possess under sub-section (1) of section 34; (zf) the form and manner in which the memorandum shall be prepared under sub-section (3) of section 35; (zg) the grounds on which the Central Government may restrict export of seeds under section 37; (zh) any other matter which is to be or may be prescribed.


      Power of Committee to make regulations. 47. (1) The Committee may, with the previous approval of the Central Government, by notification, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power

      such regulations may provide for all or any of the following matters, namel

      • the procedure for conduct of business to be transacted by the Committee or any Sub-Committee thereof under section 8

      • the procedure in regard to transaction of business at meetings of the Committee (including the quorum at meetings)under sub-section (1) of section 10

      • any other matter in respect of which regulations are to be or may be made Rules and regulations to be laid before Parliament

      Every rule and every regulation made under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be

      so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. Repeal and savings. 49. (1) The Seeds Act, 1966 is hereby repealed.

      Without prejudice to the provisions contained in the General Clauses, 1897,

      • the previous operation of the law so repealed or anything duly done or suffered thereunder;

      • any right, privilege, obligation or liability acquired, accrued or incurred under the law so repealed;

      • any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed;

      • any investigation, proceeding, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

      Any such investigation, proceedings, legal proceeding or remedy may be instituted, continued or enforced; any such penalty forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that, subject to the first proviso and any saving provisions made elsewhere in this Act anything done, any action taken, any rule made, any notifications or orders issued under 54 of 1966 10 of 1897 the provisions of the Act so repealed shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been done, taken, made or issued under the corresponding provisions of this Act, and shall continue to be in force accordingly, unless and until expressly or implied repealed by any thing done, action taken, rules made or, notification or orders issued under this Act.

      Notwithstanding such repeals any kind or variety of seeds that has been notified under the law as so repealed shall be deemed to have been registered under this Act, and any seed certification agency established under section 18 of the Seeds Act, 1966 shall be deemed to have been established or recognized, as the case may be, under this Act.


      GEOGRAPHICAL ZONES

      ZONE1

      • ANDHRA PRADESH

      • KARNAKATA

      • KERALA

      • LAKSHADWEEP

      • PONDICHERRY AND TAMIL NADU


      ZONE-2

      • ANDAMAN AND NICOBAR ISLANDS

      • BIHAR

      • CHHATISGARH

      • JHARKHAND

      • MADHYA PRADESH

      • ORISSA AND WEST BENGAL.


      ZONE-3

      • ARUNACHAL PRADESH

      • ASSAM

      • MANIPUR

      • MEGHALAYA

      • MIZORAM

      • NAGALAND

      • SIKKIM AND TRIPURA


      ZONE-4

      • DADRA AND NAGAR HAVELI

      • DAMAN AND DIU

      • GOA

      • GUJARAT

      • AND MAHARASHTRA


      ZONE-5

      • CHANDIGARH

      • HARYANA

      • HIMACHAL PRADESH

      • JAMMU AND KASHMIR

      • NATIONAL CAPITAL TERRITORY OF DELHI

      • PUNJAB

      • UTTRANCHAL AND UTTAR PRADESH.


      How are IP administed in our country?????

      At national level, Intellectual property is governed by five central Ministries in terms of the Allocation of Business Rules of the Government. Department of Industrial Policy and Promotion of the Ministry of Commerce & Industry regulates Industrial property which includes patents, trademarks, industrial designs and geographical indications.

      Copyrights are regulated by the Ministry of Human Resource Development while Ministry of Agriculture looks after legislation on Plant Varieties and Farmers’ Rights Protection. The Ministry of Information Technology is responsible for implementation of the Information Technology Act and the Semiconductor IC Layout Designs Act.


      Implementation of the Biological Diversity Act is administered by the Ministry of Environment and Forests. Besides these administrative ministries, Ministries and Departments such as Information & Broadcasting, Tribal Affairs, Culture, Ministry of Micro, Small & Medium Industries are also involved with either enforcement or commercialization of IP. Office of the comptroller general of patents, designs and trademarks situated in Mumbai supervises according to the latest amendments. Other branches are located at Chennai,

      New Delhi.

      New Delhi.


      In a nutshell, Intellectual property presents us with a bundle of rights. Everyone of us ought to be aware of IP to get maximum benefit. CSIR battled over patent disputes on our household medicine turmeric and most delicious rice basmati lest we would have lost them. Knowledge on IPR is essential atleast to defend our age old natural heritage. More information on these can be obtained by visiting homepage of Indian Patent Office (http://www.patentoffice.nic.in/)

      The Seeds (Control) Order, 1983

      under

      Seed Act, 1966 (Act No. 54 of 1966)

      Government of India

      agriculture

      (DEPARTMENT OF AGRICULTURE & COOPERATION),

      New Delhi

      Dated the 30th Dec. 1983

      ORDER

      GSR 932 (E)


      In exercise of the powers conferred by Section 3 of Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following order, namely

      PRELIMINARY

      1. Short title and extent

      2. This order may be called the Seeds (Control) Order, 1983. It extends to the whole of India. It shall come into force on the 30th December of 1983.

      3. Definitions

      4. In this Order, unless the context otherwise requires

        • "Act" means the Essential Commodities Act, 1955 (10 of 1955)

        • "Controller" means a person appointed as Controller of Seeds by the Central Government and includes any person empowered by the Central Government to exercise all or any functions of the Controller under this Order

        • "Dealer" means a person carrying on the business of selling, exporting or importing seeds, and includes an agent of a dealer

        • "Export" means to take or cause to be taken out from any place in India to a place outside India.

        • "Form" means a form appended to this Order.

        • "Import" means to bring or cause to be brought to any place in India from outside India.

        • "Inspector" means an inspector of seeds appointed under Clause 12

        • "Registering authority" means a licensing authority appointed under clause

        • "Seeds" means the seed as defined in the Seed Act, 1966 (54 of 1966)

        • "State Government" in relation to a Union Territory means the Administrator hereto by whatever designation known.

        DEALER IN SEEDS TO BE LICENSED

      5. Dealer to obtain license

      6. No person shall carry on the business of selling, exporting or importing seeds at any place except under and in accordance with the terms and conditions of license granted to him under this Order.

        Notwithstanding any thing contained in sub-clause (1), the State Government may by notification in the official Gazette, exempt from the provision of that sub-clause such class of dealer in such areas and subject to such conditions as may be specified in the notification.

      7. Application for license

      8. Every person desiring to obtain a license for selling, exporting or importing of seeds shall make an application in duplicate in Form "A" together with a fee of Rs.50/- for license to licensing authority.

      9. Grant and refusal of license

        1. The licensing authority may, after making such enquiry as it thinks fit, grant a license in Form "B" to any person who applies for it under Clause 4. Provided that a license shall not be issued to a person

          • Whose earlier license granted under this Order is under suspension, during the period of such suspension

          • Whose earlier license granted under this Order has been cancelled, within a period of one year from the date of cancellation

          • Who has been convicted under the Essential Commodities Act, 1955(10 of 1955) or any order issued there under within three years preceding the date of application.

        2. When the licensing authority refused to grant license to a person who applied for it under clause 4, he shall record his reasons for doing so.

      10. Period of validity of license

      11. Every license under this order, shall, unless previously suspended or cancelled, remain valid for three years from the date of its issue

      12. Renewal of license

        • Every holder of license desiring to renew the license, shall before the date of expiry of the license, make an application for renewal in duplicate, to the licensing authority in Form "C" together with a fee of rupees twenty for renewal. On receipt of such application, together with such fee, the licensing authority may renew the license.

        • If any application for renewal is not made before the expiry of the license, but is made within one month from the date of expiry of the license, the license may be renewed on payment of additional fee of rupees twenty-five, in addition to the fee for renewal of license.

      13. Dealers to display stock and price list

      14. Every dealer of seed shall display in his place of business

        • The opening and closing stocks, in daily basis, of different seeds held by him

        • A list indicating prices or rates of different seeds.

      15. Dealers to give memorandum to purchaser

      16. Every dealer shall give a cash or credit memorandum to a purchaser of seeds.

      17. Power to distribute seeds

      18. Where it is considered necessary to do so in public interest, the Controller may, by an order in writing direct any producer or dealer to sell or distribute any seed in such manner as may be specified therein.

      19. Appointment of licensing authority

      20. The State Government may by notification in the official Gazette appoint such number of persons as it thinks necessary to be licensing authority and may also define in the notification the area within which each such licensing authority shall exercise his jurisdiction.

      21. Appointment of Inspectors

      22. The State Government may by notification in the official Gazette appoint such number of persons as it thinks necessary to be Inspector and may in such notification define the local area within which each such Inspector shall exercise his jurisdiction.

      23. Inspection and punishment

        1. An Inspector may with a view to securing compliance with this order:

          • Require any dealer to give any information is his possession with respect to purchase, storage and sale of seeds by him;

          • Enter upon and search any premises where any seed is stored or exhibited for sale to ensure compliance with the provisions of this Order

          • Draw samples of seeds meant for sale, export and seeds imported, and send the same in accordance with the procedure laid down in Schedule I, to a laboratory notified under the Seeds Act, 1966 (54 of 1966) to ensure that the sample conforms to standard of quality claimed.

          • Seize or detain any seed in respect of which he has reason to believe that contravention of this order has been committed or is being committed,

          • Seize any books of accounts or document relating to any seed in respect of which he has reason to believe that a contravention of this Order has been committed and is being committed.

          • Provided that the Inspector shall give receipt, in respect of the books of accounts or documents seized, to the person from whom they have been seized.

          • Provided further that the seized books of account or documents shall be returned to the person from whom the same had been sized after copies thereof or extracts there from as certified by such person have be taken.

          • Subject to the provision of paragraph (d) of sub-clause(1),the provision, of section 100 of the Code of Criminal Procedure,1973(2 of 1974)relating to search and seizure shall so for as may be, apply to searches and seizures under this clause.

          • Where any seed is seized by an Inspector under this clause, he shall forthwith report the fact of such seizure to a Magistrate where-upon the provision of section 457 and 458 of the Code of Criminal Procedure,1973(2 of 1974) shall, so far as may be ,apply to the custody and disposal of such seed.

          • Every person, if is so required by an Inspector, shall be bound to offer all necessary facilities to him for the purpose of enabling him to exercise his power under this clause.

      24. Time limit for analysis

      25. The laboratory to which a sample has been sent by an Inspector for analysis under this order shall analyze the said samples and send the analysis report to the concerned Inspector within 60 days from the date of receipt of the sample in the laboratory.

      26. Suspension/Cancellation of license

      27. The licensing authority may, after giving the holder of the license an opportunity of being heard, suspend or cancel the license on the following grounds, namely

        • That the License had been obtained by misrepresentation as to a material particular

        • That any of the provisions of this Order or any condition of license has been contravened

      28. Appeal

        • Any person aggrieved by an ordera. Refusing to grant, amend or renew the license for sale, export or import of seeds.

        • Suspending or canceling any license, may within sixty days from the date of the order, appeal to such authority as the State Government may specify in this behalf, and the decision of such authority shall be final. Provided that an application for appeal shall accompany an appeal fee of rupees fifty.

        MISCELLANEOUS

      29. Amendment of license

      30. The licensing authority may, on receipt of a request in writing together with a fee of rupees ten from a dealer, amend the license of such dealer.

      31. Maintenance of records and submission of returns etc

        • Every dealer shall maintain such books, accounts and record relating to his business as may be directed by the State Government.

        • Every dealer shall submit monthly return relating to his business for the proceeding month in Form "D" to the licensing authority by the 5th day of every month.


        Sd/-

        R. K. Srivastava,

        Joint Secretary to the Govt. of India


        FORM "A"

        (See Clause 4)

        FORM OF APPLICATION TO OBTAIN DEALER'S LICENSE

        To,

        The Registering Authority,

        _____________(Place)


        State of / U. T.

        1. Full name and address of the applicant

        2. Name and postal address

        3. Place of business (Please give exact address)

          • For sale

          • for storage

        4. Is it a proprietary/ partnership/ Limited Company/Hindu undivided family concern? Give the name (s) and address (es) of the proprietor/partner/Manager/Karta.

        5. In what capacity this application is made

          • Proprietor

          • Partner

          • Manager

          • Karta

        6. Was the applicant ever convicted under the Essential Commodities Act,1955(10 of 1955) or any order issued there under during the last three years preceding the date of application? If so, give details.

        7. Give the details of seeds to be handled.

        8. Sr. No. Name of seed


        I /We have deposited the license fee of rupees fifty vide challan

        No.______________ dated __________ in treasury/bank ____________________

        Declaration:

        I/We declare that the information given above is true to the best of my/our knowledge and belief and no part thereof is false.

        I /We have carefully read the terms and conditions of the license given in the form "B" appended to the Seeds (Control) Order, 1983, and agree to abide by them.

        Signature of Applicant

        Date _______________

        Place________________


        Note:

        1. Where the business of selling /exporting /importing seeds is intended to be carried on at more than one place, a separate license should be obtained for each place

        2. For use in the office of Licensing Authority

          Date of receipt : ____________

          Name and designation of officer receiving the application:


          FORM "B"

          (See Clause 5)

          LICENSE TO CARRY ON THE BUSINESS OF A DEALER IN SEEDS

          LICENSE No.: __________ Date: _____________

          Subject to the provision of the Seeds (Control) Order, 1983 and to the terms and

          conditions of the License Shri/ M/s. ____________________________ is hereby

          granted license to sell, export, import and store for the said purposes of seeds.

        3. The license shall carry on the aforesaid business at ______________ (Place for storage and place of sale) ____________________ (Tehsil or District) ______________________.

        Date

        Seal

        Licensing Authority

        State of ____________

        Terms and conditions of license

        1. The license shall be displayed at a prominent and conspicuous place in a part of the business premises open to the public.

        2. The holder of the license shall comply with the provisions of the Seeds (Control) Order, 1983 and the notifications issued there under and for the time being in force.

        3. This license comes into force with immediate effect and shall be valid unto _________________ unless previously cancelled or suspended.

        4. The holder of the license shall from time to time report to the licensing authority any change in the premises where he carries on his business of sale, export, import or storage for the said purposes of seeds.

        5. The licensee shall give facility to the licensing authority or any other officer acting under his Authority for the purpose of inspecting his stock in any shop, depot or godown or other place/places used by him for the purpose of storage, sale or export of seeds.


        FORM "C"

        (See Clause 7)

        Application for renewal of license to carry on the business of a dealer in seeds

        To,

        The Licensing Authority

        ______________ (Place)

        State of /U. T. of _______

        I/We hereby apply for renewal of the License to carry on the business of dealer in

        seeds under the name and style of Shri./M/s. ________________

        ___________________________. The license, desired to be renewed, was granted by

        the Licensing Authority for the State of _____________________ and allotted License

        No._________________ on the ________________ day of

        ______________________19

        Signature of Applicant (s)

        Full name and address of the applicant (s) :___________________

        Date and Place:

        Certified that the License bearing No.__________________ granted on to carry

        on the business of a dealer in seeds at the premises situated ________________ is

        hereby renewed up to ________________________, unless previously cancelled or

        suspended under the provisions of the Seeds (Control) Order, 1983.

        Date: ____________

        Renewal No._____________

        Seal:

        Licensing Authority

        State of _________________


        FORM "D"

        Format of submitting Monthly Return relating to the seed business by seed

        dealer

        (See Clause 18)

        Month and year

        Name and designation of Licensee:

        (Quantity in Quintals)

        Crop/variety Class of seed

        Opening Stock on the first day of the month

        Quantity purchased during the month

        Total quantity imported

        Total Total quantity sold

        Total quantity exported

        Closing stock on the last day of the month

        formula

        1 2 3 4 5 6 7 8 9

        3+4+5 6-(7+8)


        Signature of Dealer

        Name:-

        Address:-

        SCHEDULE I

        (See Clause 13)


        SEALING, FASTENING, DISPATCH AND ANALYSIS OF SAMPLES

        1. Manner of taking samples

        2. Samples of any seed for the purpose of analysis shall be taken in a clean dry container which shall be closed sufficiently tight to prevent leakage and entrance of moisture and shall be carefully sealed.

        3. Sampling Intensity

        4. Bulk sampling: When sampling seeds lots are stored in bulk (heaps, bins, wagons, etc.) the following sampling intensity should be regarded as a minimum requirement for obtaining the "bulk sample".

          • Up to 500 kilograms- at least 5 individual samples except in case of small lots up to 50 kilograms where a smaller number of samples is sufficient not less than, 3 samples needs be taken.

          • 501 to 3,000 kilogram- one individual samples for each 300 kilograms, but not less than 5 individual samples. c. 3,001 to 20,000 kilograms- one individual sample for each 500 kilogram not less than 10 individual samples.

          For seed in bulk the individual samples should be distributed at random all over the bulk and the samples drawn from varying depths. Bag sampling- For seed lots in bags or other containers the following sampling intensity should be regarded as a minimum requirement:

          • Up to 5 containers- sample each container but always take at least 5 individual samples.

          • From 6 to 30 containers- samples at least one in every three containers but never less than 5.

          • 31 containers or more- samples at least in every 5 container but never less than 10.


          Unless doubt exists about the homogeneity of a lot, all such primary samples should be combined to make a composite sample of the lot for submitting to the seed testing laboratory. Of the individual or primary samples are not sufficiently homogenous, they may be sent to the laboratory for a heterogeneity test.

        5. Containers to be labeled and addressed- All containers containing samples for analysis shall be properly labeled and the parcels shall be properly addressed.

        6. The label on any sample of seed sent for analysis shall bear-

          1. Serial number

          2. Name of the sender with official designations, if any

          3. Name of the person from whom the samples has been taken

          4. Date and place of taking the sample;

          5. Kind or variety of the seed for analysis

          6. Nature and quantity of preservative, if any, added to the sample.

        7. Manner of Packing, Fastening and sealing the samples- All samples of seed sent for analysis shall be packed, fastened and sealed in the following manner-

          • The stopper shall first be securely fastened so as to prevent leakage of the container in transit.

          • The container shall then be completely wrapped in fairly strong thick paper. The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive.

          • The paper cover shall be further secured by means of, strong twine or thread both above and across the container, and the twine or thread shall then be fastened on the paper cover by means of sealing wax on which there shall be least four distinct and clear impressions of the seal of the sender, of which, one shall be at the top of packet one at the bottom and the other two on the body of the packet. The knots of the twine or thr4ad shall be covered by means of sealing wax bearing the impression of seal of the sender.


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