Seed act

Introduction to Seed Act 1966- An
Overview
Manimurugan, C
Scientist
ICAR-IIVR-RRS, Sargatia

The Seeds Act, 1966
To control the quality of seed during production and marketing , Govt. of
India enacted Seed Act in 1966. For effective implementation of the act,
major provisions are
 Central Seed Committee
 Power to notify kind or variety of seeds
 Minimum Seed Certification Standards
 Certification voluntary but labeling is compulsory
 Label should contain necessary information
 Central Seed Testing Laboratory
 State Seed Testing Laboratories

 Central Seed Certification Board
 Central Seed Certification Agency
 State Seed Certification Agencies
 Seed Inspectors
 Seed Analysts
 Appellate Authority
 Recognition of Seed Certification Agencies of Foreign Countries
Seeds Act, 1966 consist of 25 clauses

1) This Act may be called the Seeds Act, 1966.
2) It extends to the whole of India.
3) It shall came 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.
1. Short title, extent and commencement

2. Definitions
 “agriculture” includes horticulture;
 “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
 “notified kind or variety”, in relation to any seed, means any kind or
variety thereof notified under section 5

 seed” means any of the following classes of seeds used for
sowing or planting—
(i) seed of food crops including edible oil seeds and seeds of fruits
and vegetables;
(ii) cotton seeds;
(iii) seeds of cattle fodder;
(iv) jute seeds,
and includes seedlings, and tubers, bulbs, rhizomes, roots, cuttings,
all types of grafts and other vegetative propagated material, of food
crops or cattle fodder;

3. Central Seed Committee
To advice 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.
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

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

http://www.seednet.gov.in/SeedGO/Index.htm

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.

keeping for sale, offering to sell, bartering or otherwise supplying
any seed of any notified kind or variety
 is identifiable as to its kind or variety
 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
7. Regulation or sale of seeds of notified kinds or varieties.

 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 - 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.
8. Certification agency

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:
[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.]

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.
10. Revocation of certificate.

(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
(2) On receipt of an appeal under sub-section (1), the appellate authority
shall, after giving the appellate 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.
11. Appeal

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
12. Seed Analysts

(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
13. Seed Inspectors

14. Powers of Seed Inspector
(1)The Seed Inspector may— (a) take samples of any seed in
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 or 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.

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, 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 send 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.

The Central Government 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.
18. Recognition of seed certification agencies of foreign
countries

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.
19. Penalty

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
20. Forfeiture of property

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
21. Offences by companies

(2) 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. Explanation.—For the
purposes 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.

Not 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.
22. Protection of action taken in good faith
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 thereunder.

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.
24. Exemption

(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 foregoing
power.
25. Power to make rules

Lacunae in Seed Act 1966
 The farmers’ traditional seed system is left outside the Act.
 Seed marketing is linked neither to plant breeders' rights nor to any
established ownership on variety.
 Not prescribe the declaration of pedigree, particularly in the case of
TLVs, secrecy on pedigree is used to create a commercial monopoly
on seeds.
 In the seed chain involving producers, processors and
stockists/traders, license for the transaction is required only for the
stockist/trader

 No provision for transgenic varieties
 No provision related to Environment and labour standard
 No provision for seed price monitoring
 No encouragement for organic seed production
 No specific provision for compensation to farmers
 The enforcement of the law is weak and the prescribed penalty is
soft.
 Excludes horticultural nurseries

Seed act

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