REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART I- Section 2
PUBLISHED BY AUTHORITY
No. 29 ] NEW DELHI , MONDAY , 7 SEPTEMBER , 1964/ BHADRA 16, 1886
Separate paging is given to this Part in order that it may be filed as a separate compilation
RAJYA SABHA
The following Bill was introduced in the Rajya Sabha on the 7th September , 1964:-
BILL NO . XII OF 1964
a bill to provide for regulating the quality of certain seeds for sale , and for matters connected therewith .
Be it enacted by Parliament in the Fifteenth Year of the Republic of India as follows: --
1. (1 ) This Act may be called the Seeds Act , 1964.
(2 ) It extends to the whole of India except the State of Jammu and Kashmir .
Short title, extent and mence com- ment.
(3) It shall come into force on such date as the Central Gov- ernment 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.In this Act , unless the context otherwise requires,-
Defini- tions, ( 1) " agriculture" includes horticulture;
(2 ) "breeder seed" means the seed multiplied by any per- son who is engaged in the production of new varieties ;
(3) " Central Seed Laboratory " means the Central Seed Laboratory established under sub -section ( 1 ) of section 4 ;
(4) " certification agency " means the certification agency established under section 8 ;
(5) " certified seed " means the seed multiplied from regis- tered seed;
(419) 420
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(6) " Committee" means the Central Seed Committee cons tituted under sub-section ( 1) of section 3;
(7) " 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;
(8) " export" means taking out of the territories to which this Act extends to a place outside those territories;
(9) " foundation seed" means the seed multiplied from breeder seed;
(10) "hybrid" means the first generation of a cross , made under prescribed conditions , between different varieties;
(11) " Import" means bringing into the territories to which this Act extends from a place outside those territories;
(12) "kind" , in relation to a notified seed, means one or more related species or sub -species of crop plants each indi- vidually or collectively known by one common name such as cabbage, maize , rice and wheat;
(13) "licensing officer " means a licensing officer appointed under section 10 ;
(14) " notified seed" means any seed declared under section 5; such
( 15) "prescribed" means prescribed by rules made under this Act;
(16) " registered seed" means the seed multiplied from foundation seed;
(17) " seed" means any of the following classes of seeds :-
(1) seeds of food crops including edible oil seeds and seeds of fruits and vegetables ;
(ii ) cotton seeds;
( iii) seeds of cattle fodder ,
and includes seedlings , and tubers , bulbs , rhizomes , roots , cut- tings and other vegetatively propagated material , of food crops or cattle fodder;
(18) " Seed Analyst " means a Seed Analyst appointed under section 15;
(19) " Seed Inspector " means a Seed Inspector appointed under section 16;
(20) "State Government " , in relation to a Union territory , means the administrator thereof;
(21 ) " State Seed Laboratory " , in relation to any State, means the State Seed Laboratory established under sub -section (2) of section 4 for that State; and THE GAZETTE OF INDIA EXTRAORDINARY
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421
(22) " variety" means a sub- division of a kind identifiable by growth, yield , plant , fruit , seed , or other characteristic .
Com- Central Seed mittee .
3. ( 1 ) The Central Government shall , as soon as may be after the commencement of this Act , constitute a Committee called the Cen- tral 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 Govern- ment;
(tt ) four persons to be nominated by the Central Gov- ernment to represent respectively-
(a) the Central Seed Laboratory;
1 of 1966 .
( b ) the National Seeds Corporation , a company regis- tered under the Companies Act , 1956;
(c) growers of seeds ; and
(d) plant breeders ;
( iii) two persons to be nominated by the Central Govern- ment to represent dealers in seeds;
(iv) one person to be nominated by the Government of each of the States in the three groups of States mentioned below, each group of States being taken in rotation in the fol- Iowing order, namely:-
(a) Kerala , Madhya Pradesh , Mysore , Nagaland , Uttar Pradesh;
(b) Assam, Madras , Maharashtra , Orissa , Rajasthan ;
(c) Andhra Pradesh , Bihar , Gujarat , Punjab , West Bengal.
(3) The members of the Committee shall , unless their seats be- come vacant earlier by resignation, death or otherwise, be entitled to hold office for one year 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 regulat- ing its own procedure and the conduct of all business to be transac- ted by it.
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(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 - com- mittees by the Committee .
(6) The functions of the Committee or any sub -committee there- of 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.
4. (1 ) The Central Government may , by notification in the Off- cial Gazette , establish a Central Seed Laboratory to carry out the functions entrusted to that Laboratory by or under this Act .
Central Seed Labora- toryand State Seed Labora- tory.
(2) The State Government may, by notification in the Official Gazette, establish a State Seed Laboratory where analysis of noti- fied seeds shall be carried out by Seed Analysts under this Act in the prescribed manner .
Power to notify seeds.
5. If the Central Government , after consultation with the Com- mittee , is of opinion that it is necessary or expedient to regulate the quality of any seed to be sold for purposes of agriculture , it may , by notification in the Official Gazette , declare such seed as a noti- fied seed for the purposes of this Act .
6. (1 ) The Central Government may , after consultation with the Committee and by notification in the Official Gazette , publish a list of names of varieties or hybrids of notified seeds and maintain such list in the prescribed manner .
List of varieties and hybrids of noti- fied seeds.
(2) The Central Government may , on the recommendation of the Committee and by like notification, add to or omit from such list, the name of any variety or hybrid of any notified seed and there- upon such list shall be deemed to be amended accordingly .
7. 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 notified seed;
Power to specify minimum limits of germina- tion and purity, etc.
(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;
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(c) the minimum standards of pedigree , crop purity and seed quality of foundation seed , registered seed or certified seed of any such variety or hybrid of any notified seed as is included in the list published under section 6 ;
(d) the form of tag or label to be used for identifying foundation seed , registered seed or certified seed of any such variety or hybrid .
Certifica. tion Agency.
8. The State Government may establish a certification agency for the State to carry out the functions entrusted to the certification agency by or under this Act.
9. ( 1 ) No person shall , himself or by any other person on his be- half, sell , offer to sell or keep for sale any notified seed-
Regulation ofsale of noti- fled seeds .
(a) unless such seed is identifiable as to its kind ;
(b ) under any variety or hybrid name other than one which is for the time being included in the list published under sec- tion 6;
(c) unless such seed conforms to the minimum limits of germination and purity specified under clause ( a) of section 7 ;
(d) unless the container of such seed bears in the prescrib- ed manner, the mark or label containing the correct particulars thereof , specified under clause ( b ) of section 7 ; and
( e) except under and in accordance with a licence granted under this Act .
(2) No person shall , himself or by any other person on his behalf , sell , offer to sell or keep for sale any such variety or hybrid of any notified seed as is included in the list published under section 6, as a foundation seed , registered seed or certified seed-
(a) unless the provisions of sub -section ( 1 ) are complied with;
(b) unless the foundation seed, registered seed or certified seed , as the case may be, conforms to the standards specified under clause ( c) of section 7 and its container bears the tag or label specified under clause ( d) of that section ; and
(c) except under and in accordance with a certificate grant- ed under this Act .
10. The State Government may , by notification in the Official Licensing Gazette, appoint such persons as it thinks fit , to be licensing officers officers.
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for the purposes of this Act and define the areas within which they shall exercise jurisdiction .
11. ( 1) Any person desiring to sell or keep for sale any notified seed may make an application to the licensing officer for the grant of a licence .
(2) Every application under sub-section ( 1 ) shall be made in such form and shall contain such particulars as may be prescribed.
(3) On receipt of any such application for the grant of icence, the licensing officer may , after such enquiry as he thinks fit , grant the licence in such form , on such conditions and on payment of such fees as may be prescribed .
(4) A licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fees as may be prescribed.
Grant of certificate.
12. ( 1 ) Any person desiring to sell or keep for sale any such variety or hybrid of any notified seed as is included in the list pub- lished under section 6 , as a foundation seed , registered seed or certified seed, may apply to the certification agency for the grant of a certificate in this behalf .
(2) Every application under sub- section ( 1 ) shall be made in such form and contain such particulars as may be prescribed.
(3) On receipt of any such application for the grant of a certifi- cate, the certification agency may , after such enquiry as it thinks fit and after satisfying itself that the seed to which the application re- lates conforms to the standards specified under clause ( c) of section 7, grant a certificate in such form, on such conditions and on pay- ment of such fees , as may be prescribed .
13. (1) If the licensing officer , in the case of a licence granted under section 11 , or the certification agency , in the case of a certin- cate granted under section 12 , is satisfied , either on a reference made to him or it in this behalf or otherwise, that
(a) the licence or the certificate has been obtained by misrepresentation as to an essential fact ; or
Revoca- tion, sus- pension, varia- tion and amend- ment of licences and certifi- cates
(b) the holder of the licence or the certificate has , without reasonable cause , failedto comply with the conditions subject to- which the licence or the certificate , as the case may be, 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 licence or the certificate may be liable under this Act, the licens- ing officer or the certification agency may , after giving the holder of the licence or the certificate , as the case may be, an opportunity of showing cause, revoke or suspend the licence or the certificate.
Masc . 17
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(2) Subject to any rules that may be made in this behalf, the licensing officer , in the case of a licence granted under section 11 , or the certification agency , in the case of a certificate granted under section 12 , may also vary or amend such licence or certificate .
Appeal.
14. ( 1 ) Any person aggrieved by a decision of a licensing officer or a certification agency under section 11 or section 12 or section 13 , may , within thirty days from the date on which the decision is com- municated 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 .
Analysts. Seed 15. 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 .
Inspectors . Seed 16. (1 ) The State Government may , by notification in the Off- clal Gazette, appoint such persons as it thinks fit, having the pres- cribed qualifications , to be Seed Inspectors and define the within which they shall exercise jurisdiction . areas
(2 ) Every Seed Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and shall be officially subordinate to such authority as the State Government may specify in this behalf .
17. (1) The Seed Inspector may-
Powers ofSeed Inspector.
(a) take samples of any notified seed from-
(1) any person selling such seed;
(ii ) any person who is in the course of conveying , delivering or preparing to deliver such seed to a purchaser or a consignee; от
(iii ) a purchaser or a consignee after delivery of such seed to him;
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(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 posses- sion of any notified seed in respect of which the offence has been or is being committed , not to dispose of any stock of such notified 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 notified seed , seize the stock of such notified 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 carry- ing out the purposes of this Act or any rule made thereunder .
(2) Where any sample of any notifled seed 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 notified seed may be contained or to break - open the door of any premises where any notified 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 pre- mises , 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 of 1898 .
(5) The provisions of the Code of Criminal Procedure , 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.
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18. ( 1 ) Whenever a Seed Inspector intends to take sample of any notified seed for analysis , he shall-
Procedi to be followee by Seed Inspector (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 notified seed 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 analy- sis to the Seed Analyst for the area within which such sample has been teken ; 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 19 , 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 17 ,--
(a) he shall use all despatch in ascertaining whether or not the notified seed contravenes any of the provisions of section 9 and if it is ascertained that the notified seed does not so contra- vene , 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 notified seed seized;
(b ) if he seizes the stock of the notified seed , he shall , as soon as may be , inform a magistrate and take his orders as to the custody thereof;
409 G. of I. Ex. 2 THE GAZETTE OF INDIA EXTRAORDINARY РАГТ 11 428
( 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 notified seed , he shall , on being satisfied that the defect has been so removed , forthwith revoke the order passed under the sail clause.
(5) Where a Seed Inspector seizes any record , register , document or any other material object under clause ( d) of sub - section ( F) of section 17 , he shall , as soon as may be , inform a magistrate and take his orders as to the custody thereof.
Report of Seed Analyst
19. ( 1 ) The Seed Analyst shall , as soon as may be after the re- ceipt of the sample under sub - section ( 2 ) of section 18 , 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 prescrib- ed fee , make an application to the court for sending any of the sam- ples mentioned in clause ( a) or clause ( c ) of sub - section ( 2 ) of sec- tion 18 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 18 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 ) .
(4) Where the report sent by the Central Seed Laboratory under sub - section ( 2 ) is produced in any proceedings under section 22. it shall not be necessary in such proceedings to produce any sample or part thereof taken for analysis .
20. No person shall , for the purpose of sowing or planting by any person ( including himself ) ,---
( a) export or import or cause to be exported any notified seed ; or iniported Restriction on export , import an -1 inter- State of noti . movement
(b ) take or cause to be taken , any notified seed from any place within a State to any place within any other State,
fied seeds , unless 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 7.
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Recogni- tion of seed tion certifica- -- 21. ( 1 ) The Central Government may, on the recommendation of the Committee and by notification in the Official Gazette , recognise any seed certification agency established in the State of Jammu and Kashmir or in any foreign country , for the purposes of this Act .
agencies of foreign (2 ) Where any seed certification agency is recognised under sub- section ( 1 ) , nothing in section 7 [ except clauses ( a ) and ( b ) ], count- section 9 Lexcept sub - section ( 1 ) ] , section 12 and section 13 ( in so rides , far as it relates to revocation , suspension , variation and amendment of ceruficates ) shall apply to the sale of any notified seed certified by that agency .
Penalty.
22. 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 Acc,
he shall , on conviction , be punishable-
(1) for the first offence , with imprisonment which may ex- tend to three months , or with fine which may extend to five hundred rupees , or with both ; and
( ii ) in the event of such person having been previously con- victed of an offence under this section , with imprisonment which may extend to six months , or with fine which may extend to one thousand rupees , or with both .
23. When any person has been convicted under this Act for the Forfei- contravention of any of the provisions of this Act or the rules made ture of thereunder , the notified seed in respect of which the contravention property, has been committed may be forfeited to the Government .
24. ( 1 ) Where an offence under this Act has been committed Offences by a company , every person who at the time the offence was com- by com- panies. mitted 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 .
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[PART 11
--- (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 ol, 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 .
25. No suit , prosecution or other legal proceeding shall lie against the Government or any officer of the Government for any- thing which is in good faith done or intended to be done under this Act .
Protec- tion of action taken in good faith .
Power to give direc- tions .
26. The Central Government may give such directions to any State Government as may appearto the Central Government to be necessary for carrying into execution in the State any of the provi- sions of this Act or of any rule made thereunder .
Exemp- tion.
27. Nothing in this Act shall apply to any notified seed sold or kept or offered for sale-
( i) by a plant breeder as breeder seed ;
( ii ) by any producer thereof, subject to such conditions as may be prescribed ;
( in) by any other person otherwise than for the purpose of sowing or planting and subject to such conditions as may be prescribed .
28. ( 1 ) The Central Government may , by notification in the Official Gazette , make rulesto carry out the purposes of this Act .
Power to make rules
(2) In particular and without prejudice to the generality of the foregoing power , such rules may provide for-
(a) the functions of the Committee and the travelling 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 ;
SEC . 1 ]
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( c) the manner in which the list of names of varieties or hybrids of notified seeds may be maintained under sub - section ( 1 ) of section 6 ;
(d) the functions of a certification agency ;
( e) the manner of marking or labelling the contamer of any notified seed under clause ( d ) of sub - section ( 1 ) of section 9 and section 20 ;
(f) the form of application for the grant or renewal of a licence under section 11 and the particulars it may contain ;
(g) the form of licence which may be granted or renewed under section 11 , the conditions subject to which , the period for which and the fee on payment of which , the licence may be granted or renewed ;
(h) the form of application for the grant of a certificate under section 12 , the particulars it may contain , the form of the certificate , the conditions subject to which and the fee on pay- ment of which the certificate may be granted ;
( i) the circumstances under which licences or certificates may be varied or amended under sub - section ( 2 ) of section 13 ;
(1 ) the form and manner in which and the fee on payment of which an appeal may be preferred under section 14 and the procedure to be followed by the appellate authority in disposing of the appeal ;
(k) the qualifications and duties of Seed Analysts and Seed Inspectors;
(1) 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 ;
(m) the form of report of the result of the analysis under sub - section ( 1 ) or sub - section ( 2 ) of section 19 and the fees payable in respect of such report under the said sub - section ( 2 ) ;
(n) the conditions that may be imposed under section 27 ;
(o) the records to be maintained by a dealer in notified seeds and the particulars which such records shall contain ; and
(p ) 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 De 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 ex- piry of the session in which it is so laid or the session immediately PART II THE GAZETTE OF INDIA EXTRAORDINARY
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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 modifi- cation or annulment shall be without prejudice to the validity of anything previously done under that rule.
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==
STATEMENT OF OBJECTS AND REASONS
In the interest of increased agricultural production in the coun- try , it is considered necessary to regulate the quality of certain seeds , such as seeds of food crops , cotton seeds , etc. , to be sold for puposes of agriculture ( including horticulture ) .
The methods by which the Bill seeks to achieve this object are-
( a) constitution of a Central Seed Committee consisting of representatives of the Central Government and the State Gov- ernments, the National Seeds Corporation and other interests , to advise those Governments on all matters arising out of the proposed legislation ;
( b ) fixing minimum standards for germination , purity and other quality factors ;
( c ) testing seeds for quality factors at the seed testing labo- ratories to be established by the Central Government and the State Governments ;
(d) creation of seed inspection and certification service in cach State and grant of licences and certificates to dealers in seeds;
( e) compulsory labelling of seed containers to indicate the quality of seeds offered for sale ; and
( f ) restricting the export , import and inter - State move- ment of non - descript seeds .
In order to eliminate undue hardship , provision has been made in the Bill for exempting the sale of seed by ( i ) plant breeders , ( ii ) certam classes of producers , and ( iii ) any other persons for pur- poses other than for the purpose of sowing or planting .
C. SUBRAΜΑΝΙΛΜ .
NEW DELHI ;
The 26th July , 1964.
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FINANCIAL MEMORANDUM
The Bill empowers the Central Government to constitute a Committee called the Central Seed Committee to advise the Central Government and State Governments on matters arising out of the administration of the Act and to carry out the other functions assigned to it by or under the Act . It also empowers the Central Government to appoint a Secretary and supporting staff . It is pro- posed to create a cell in the Ministry of Food and Agriculture for handling the Seed Control and Seed Certification work. The expen- diture on the creation of the cell is estimated at about Rs . 50,000 per annum . Some expenditure would also be involved in the payment of travelling allowance to the members of the Committee for attend- ing its meetings and a sum of Rs . 6,000 per annum is estimated to be spent on this and other contingent expenditure .
The Bill also provides for the establishment of a Central Seed Laboratory . It is intended to utilize the existing Seed Testing Laboratory at the Indian Agricultural Research Institute , New Delhi , by strengthening it with the addition of a laboratory building and by the appointment of some additional staff. The expenditure on this account is estimated at Rs 1,70,000 on the construction of the building and Rs . 14,000 per annum on the appointment of the staff .
The financial requirements will , thus , come to Rs . 70,000 per annum recurring and Rs . 1,70,000 non - recurring.
The Bill also contemplates the appointment of Licensing Officers . Seed Analysts and Seed Inspectors by the State Governments and expenditure involved thereon would be charged to the Consolidated Funds of the respective States . The expenditure involved on the appointment of these officers in Union territories would be met trom the Consolidated Fund of India . It is intended that the functions of the said Officers in the Union territories would be performed by their existing Officers . However , the possibility of an Officer being appointed exclusively for the purpose cannot be ruled out , and in that contingency some expenditure may be involved from the Consolidated Fund of India , the extent of which cannot be estimated at present . Moreover , the Government may derive some small revenue in the shape of fees for granting licences or for testing samples , which is expected to be nominal THE GAZETTE OF INDIA EXTRAORDINARY
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MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 28 of the Bill empowers the Central Government to make rules for carrying out the purposes of the Act . The matters in res- pect of which such rules may be made are specified in that clause . They inter alia , relate to the functions of the Central Seed Com- mittee , Central Seed Laboratory and Certification agencies ; the manner of publication of the list of names of varieties or hybrids of notified seeds ; the manner of marking or labelling the containers of notified seeds ; the form of application for the grant of licences and certificates ; the qualifications and duties of Seed Analysts and Seed Inspectors ; and the form of report of the result of analysis to be furnished by the Seed Analyst and the Central Seed Labora- tory . These are matters of procedure and detail . The rule - making power is thus of a normal character .
B. N. BANERJEE ,
Secretary .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1964