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(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)
Short title, extent and
commencement
(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.
2)
Definitions
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 (1) of section 4;
(3)
Certification agency means the
certification agency established under section 8 or recognized
under section 18;
(4)
"Committee" means the Central Seed
committee constituted under sub-section (1) of section 3;
(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 or collectively known by one common name such as
cabbage, maize, paddy and wheat;
(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 :-
i.
Seeds of food crops including edible oil
seeds and seeds of fruits and vegetables;
ii.
Cotton seeds;
iii.
Seeds of cattle fodder;
iv.
Jute seeds. (The Seeds (Amendment) Act,
1972, dated 9th September, 1972.)
And
include seedlings, and tubers, bulbs rhizomes, roots, cutting,
all types of grafts and other vegetative 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; and
(16)
"Variety" means a sub-division of a kind
identifiable by growth , yield, plant, fruit, seed, or other
characteristic.
3)
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:
1.
A Chairman to be nominated by the Central
Government;
2.
Eight persons to be nominated by the
Central Government to represent such interests as that
Government thinks fit, of whom not less than two persons shall
be representatives of growers of seed;
3.
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 re-nomination.
(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, as it thinks fit, for the purpose
of discharging such of its functions as may be delegated to such
sub-committee or sub-committees by the Committee.
(6)
The functions of the Committee or any
sub-committee thereof may be exercised not-withstanding 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.
4)
Central Seed Laboratory and State
Seed Laboratory
(1)
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.
(2)
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.
5)
Power to notify kinds or varieties
of seeds
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 this Act and different kinds or varieties may be
notified for different States or for different kinds or
varieties may be notified for different States or for different
areas there of.
6)
Power to specify minimum limits of
germination and purity, etc
The Central Government may, after consultation with the
Committee and by notification in the Official Gazette specify -
(a) The minimum limits of germination and
purity with respect to any seed of any notified kind or variety
(b)
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 such mark
or label may contain.
7)
Regulation of sale of seeds of
notified kinds or varieties
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 or otherwise supplying any
seed of any notified kind or variety, unless -
a)
Such seed is identifiable as to its kind
or variety;
b) Such seed conforms to the minimum limits
of germination and purity specified under clause (a) of section
6;
c) 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;
and
d)
He complies with such other requirements
as may be prescribed.
8)
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.
The Central Seed Certification Board
(8A to 8E is as per The
Seeds (Amendment) Act, 1972, dated 9th September, 1972.)
"8 A
(1)
The Central Government shall, by
notification in the Official Gazette, establish a Central Seed
Certification Board (hereinafter referred to as the Board) to
advise the Central Government and the State Government on all
matters relating to certification and to co-ordinate the
functioning of the agencies established under section 8.
The Board shall consist of the following members,
namely:
i.
A Chairman, to be nominated by the
Central Government
ii.
Four members, to be nominated by the
Central Government from out of the persons employed by the State
Governments as Director of Agriculture;
iii.
Three members, to be nominated by the
Central Government from out of the persons employed by the
Agricultural Universities as Directors of Research;
iv.
Thirteen persons, to be nominated by the
Central Government to represent such interests as that
Government thinks fit, of whom not less than four persons shall
be representatives of seed producers or tradesmen.
v.
A member of the Board shall, unless his
seat becomes vacant earlier by resignation or otherwise, be
entitled to hold office for two years from the date of his
nomination;
Provided that a person nominated under clause
(ii) or clause (iii) of sub-section (2) shall hold office only
for so long as he holds the appointment by virtue of which his
nomination was made.
Other Committees
8 B
Board may appoint as many Committees as it
deems fit consisting wholly of the members of the Board or
wholly of other persons or partly of members of the Board and
partly of other persons as it thinks fit to exercise such powers
and perform such duties as may be delegated to them, subject to
such conditions as it may think fit, by the Board.
Proceedings of Board or Committee not to be invalid by reason of
any vacancy therein
8 C
No proceeding of the Board or any Committee
thereof shall become invalid merely by reason of the existence
of any vacancy therein or any defect in the constitution
thereof.
Procedure for Board
8 D
The Board may, subject to the previous
approval of the Central Government, make bye-laws for the
purpose of regulating its own procedure and the procedure of any
Committee thereof and the conduct of all business to be
transacted by it or such Committee.
Secretary and other
officers
8 E
The Central Government shall -
Appoint a person to be the Secretary of the
Board, and
Provide the Board with such technical and
other staff as the Central Government considers necessary."
9)
Grant of certificate by
certification agency
(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 (1)
shall be made in such form, shall contain such particulars and
shall be accompanied by such fees as may be prescribed.
(3)
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
prescribed standard (The Seeds (Amendment) Act, 1972, dated 9th
September, 1972.) 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 limits of germination and purity
specified for that purpose under clause (a) of section 6. (The
Seeds (Amendment) Act, 1972, dated 9th September, 1972.)
10)
Revocation of 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 has contravened
any of the provisions of this Act or the rules made there under;
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.
11)
Appeal
(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 appellant 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 which section shall be final.
12)
Seed Analysts
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.
13)
Seed Inspectors
(1)
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.
(2)
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 official subordinate
to such authority as the State Government may specify in this
behalf.
14)
Powers of Seed Inspector
(1)
The Seed Inspector may -
(a) Take
samples of any seed of any notified kind or variety from -
i)
Any person selling such seed; or
ii)
Any person who is in the course of
conveying, delivering or preparing to deliver such seed to a
purchaser or a consignee; or
iii)
A purchaser or a consignee after delivery
of such seed to him.
(b)
Send such sample for analysis to the Seed
Analyst for 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 offense 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 offense
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 offense is such that the defect may be
removed by the possessor of the seed, seize the stock of such
seed.
(d)
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 offense 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
made there under.
(2)
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.
(4)
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.
15)
Procedure to be followed by Seed
Inspectors
(1)
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.
(2)
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 there upon 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;
He shall use all dispatch in ascertaining
whether or not the seed contravenes any of the provisions of
section 7 and if it 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;
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;
Without prejudice to the institution of any
prosecution, if the alleged offense 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 a 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.
16)
Report of Seed Analyst
(1)
The Seed Analyst shall, as soon as may be
after the receipt of the sample under sub-section (2) of section
15, analyses 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 dispatch
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).
4)
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.
17)
Restriction on export and import
of seeds of notified kinds or varieties
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.
18)
Recognition of seed certification
agencies of foreign countries
The Central Government may, on the recommendation of the
Committee and by notification in the Official Gazette, recognize
any seed certification agency established in any foreign
country, for the purposes of this Act.
19)
Penalty
If any person -
a.
Contravenes any provision of this Act or
any rule made there under; 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 offense with fine which may
extent to five hundred rupees, and
ii. In the event of such person having been
previously convicted of any offense under this section, with
imprisonment for a term which may extent to six months, or with
fine which may extend to one thousand rupees, or with both.
20)
Forfeiture of property
When any person has been convicted under this
Act for the contravention of any of the provisions of the Act or
the rules made there under, the seed in respect of which the
contravention has been committed may be forfeited to the
Government.
21)
Offenses by companies
(1)
Where an offense under this Act has been
committed by a company, every person who at the time the offense
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 offense 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 offense was
committed without his knowledge and that he exercised all due
diligence to prevent the commission of such offense.
2)
Notwithstanding anything contained in
sub-section (1), where an offense under this Act has been
committed by a company and it is proved that the offense 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 offense 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.
22)
Protection of action taken in good
faith
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.
23)
Power to give directions
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
there under.
24)
Exemption
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.
25)
Power to make rules.
(1)
The Central Government may, by
notification in the Official Gazette, make rules to carry out
the purposes of this Act.
(2)
In particular and without prejudice to
the generality of the fore-going power, such rules may provide
for -
a.
The functions of the Committee and the
traveling and daily allowances payable to members of the
Committee and members of any sub-committee appointed under
sub-section (5) of section 3.
b.
The functions of the Central Seed
Laboratory.
c.
The functions of a certification agency;
d.
The manner of marking or labeling the
container of seed of any notified kind or variety under clause
(c) of section 7 and under clause (b) of section 17.
e.
The requirements which may be complied
with by a person carrying on the business referred to in section
7;
f.
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. (ff) the standards to which seeds should conform.( The
Seeds (Amendment) Act, 1972, dated 9th September, 1972.)
g.
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;
h.
The qualifications and duties of Seed
Analysts and Seed Inspectors;
i.
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 analyzing such samples;
j.
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);
k.
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.
(3)
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 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 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.
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