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Act No. of Year: ACT NO. 54 OF 1966
Enactment Date: [29th December, 1966.]
Act
Objective: An Act to provide for regulating the quality of certain
seeds for sale, and for matters connected therewith.
ACT YEAR NO: 196654
Section Text:
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 1* 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 recognised 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
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1 Sections 1 to 6, 8 to 11, 18 and 22 to 25 came into force in the
whole of India on 2-9-1968: vide S. O. 3122, dated the 29th August,
1968, Gazette of India, Extraordinary, Pt. II, Sec. 3 (ii), p. 965.
Sections 7, 12 to 17 (both inclusive) and 19 to 21 (both
inclusive) came into force in the whole of India on 1-10-1969: vide
S. O. 4049, dated the 24th September, 1969, Gazette of India,
Extraordinary, Pt. II, Sec. 3(ii), p. 1317.
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;
1*[(iv) Jute seeds,]
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; 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:--
(i) a Chairman to be nominated by the
Central Government;
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1 Ins. by Act 55 of 1972, s. 2 (w.e.f. 16-1-1973).
(ii) 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;
(iii) 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 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 stem 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 areas thereof.
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.
1*[8A. The Central Seed Certification Board. (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 Governments on
all matters relating to certification,
and to co-ordinate the functioning of the agencies established under
section 8.
(2) 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 Directors of
Agriculture;
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1 Ins. by Act 55 of 1972, s. 3 (w.e.f. 16-1-1973).
(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.
(3) 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.
8B.
Other Committees. The 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.
8C. Proceedings of Board or Committee not to be invalid by
reason of any vacancy therein. 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.
8D. Procedure for Board. 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.
8E. Secretary and other
officers. The Central Government shall--
(i)
appoint a person to be the Secretary of the Board, and
(ii) 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 1*[prescribed standards], grant a certificate in such form and
on such conditions as may be prescribed:
2*[Provided that such standards shall not be lower than the minimum
limits of germination and purity specified for that seed under
clause (a) of section 6.]
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 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
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1 Subs. by Act 55 of 1972, s. 4, for certain words (w.e.f. 16-1-
1973).
2 Ins. by s. 4, ibid. (w.e.f. 16-1-1973).
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 this
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 officially 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 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;
(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 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 made thereunder.
(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 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.
(4) 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.
(5) 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.
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