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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 66] NEW DELHI, FRIDAY, DECEMBER 30, 1966/PAUSA 9, 1888

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LAW (Legislative Department) New Delhi, the 30th December, 1966/Pausa 9, 1888 (Saka)

The following Act of Parliament received the assent of the President on the 29th December, 1966, and is hereby published for general information:—

THE SEEDS ACT, 1966 No. 54 OF 1966

[29th December, 19661

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. (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 Gov- ernment may, by notification in the Official Gazette, appoint, and

Short title, extent and com- mence- ment

(761)

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.

(7) "agriculture" includes horticulture;

(2) "Central Seed Laboratory" means the Central Seed Laboratory established or declared as such under suh-sectlon (i) 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 cons- tituted under sub-section (7) 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 m- pacl.-ed;

(6) "export" means taking nut 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 .is cabbage, maize, paddy and wheat;

{9) "notified kind or variety", in relation to any seed, meanB any kind or variety thereof notified under section 5;

(70) "prescribed" means prescribed by rules made under this Act;

(li) "seed" means any of the following classes of seeds used for sowing or planting—

(i) seeds of food crops including edible oil seeds and s"eda of fruits and vegetables;

III) cotton seeds;

(HI) seeds of cattle fodder,

and includes seedlings, and tubers, bulbs, rhizomes, rooti, cut- tings, 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 Steed Laboratory establiahed 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.

Cent ml Seed Com- mittee 3. (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 thia Act.

(2) The Committee shall consist of the following members, namely:—

(i) a Chairman to be nominated by the Central Govern- ment;

(ii) fight persons to be nominated by the Central Govern- ment to represent such interests as that Government thinks fit;

(Hi) 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 bo 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 i1s own procedure and the conduct of all business to be transacted bv 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-com- mittees 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 staff as the Central Government considers necessary.

4. (1) The Central Government may, by notification in the Offi- cial 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.

Central S"ed Labora- tory and State Seed Labora- tory.

(2) The State Government may, by notification in the Official Gazette, establish one or more State Seed Laboratories or declare nny 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.

Power to notify kinds or varieties of 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 "seed of any kind or variety to be sold for purposes of agriculture, it mav> by notification In the Official Gazette, declare such kind or variety to be a notified kind or variety for the pur- poses of this Act and different kinds or varieties may be notified for different States or for different areas thereof.

6. 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;

Power to specify minimum limits of germina- tion and purity etc.

(b) thf mark or label to indicate that such seed conforms to the minimum limits of germination nnrl puritv specified

under clause (a) and the particulars which such mark or label may contain.

7. No person shall, himself or by any other person on his be- half, carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying nny seed of any notified kind or variety, unless—

Regulation of sale of seeds of noti- fied kinds or varieties.

(a) such seed is identifiable as to its kind or variety;

(b) such seed conforms to the minimum limits of germina-

tion 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.

Certifica- tion agency.

8. The State Government or the Central Government in consulta- tion 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.

9. (1) Any person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety may, if he desires to have such seed certified by the certifi-

cation agency, apply to tho certification agency for the grant of a

Grant of certi- ficate by certifica- tion agency.

certificate for the purpose.

(2) Every application under sub-section (/) 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 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 minimum limits of germination and purity specified for that seed under clause (a) of section 6, grant a certi- ficate in such form and on such conditions as may be prescribed.

10. If the certification agency is satisfied, either on a reference made to it in this behalf or otherwise, that—

Revoca- tion of certificate.

(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 show- ing cause, revoke the certificate.

11. (1) Any person aggrieved by a decision of a certification Appeal.

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 be- half:

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 s e n a te authority shall, after giving the appellant an opportune of beinj heard, dispose of the appeal as expeditiously as possible.

(3) Every order of the appellate authority under this section shall be final.

Seed Ana- lysts.

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

13. (1) The State Government may, by notification in the Offi- Seed Inspectors.

cial Gazette, appoint such persons as it thinks fit, having the prescrib- ed qualifications, to be Seed Inspectors and define the areas within which they shall exercise jurisdiction.

4rjof 1800. (2) Every Seed Inspector shall be deemed to be a public servant within the meaning ot section 21 of the Indian Penal Code and shall be officially subordinate to such authority as the State Government may specify in this behalf.

14. (J) The Seed Inspector may—

(a) take samples of any seed of any notified kind or variety

Power* of Seed Inspector.

from—

(i) any person selling such seed; or

(ii) any person who is in the course of conveying, deli- vering or preparing to deliver such seed to a purchaser or a consignee; or

(Hi) a pui chaser 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 sue!

assistance, if any, as he considers necessary, any place in whicl he has reason to believe that an offence under this Aot has beer or is being committed and order in writing the person in posses sion of any seed in respect of which the offence has been or 1:

being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the allegeo 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 othei material object found m any place mentioned in clause (c) anc seize the same if he has reason to believe that it may furnisf evidence of the commission of an offence punishable under this Act; and

(e) exercise such other powers as may be necessary foi 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, calculatec 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 powor to break open any container in which any seed of any notified kind or varietj may be contained or to break-open the door of any premises when 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 (o) of sub-section (]), 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, shall, 5 of189fi 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 e warrant issued under section 98 of the said Code.

PlnceduiA 15 ( /) W h e n e v ei a Seed I n s p e c t or i n t e n ds to t a ke s a m p le of a ny

to be seed of any notified kind 01 vanctv toi analysis, he shall—

follow ed

by Sce.l (a) give notice in i\ntmg then and there, of such intention

Insjxc- U> the person from whrnn he intends to take sample,

(b) except in special eases provided by rules' made under this Act, take three lepreseutatn e samples in tht prescribed manner and mark and seal ur lasten up each sample m iuch man- ner as it-, nature permits

(2) When samples ot any KCIW ot any notified kind or varieH TO taken undet sub-section (I), the V ed Impeetnr -hall—

(a) deliver one sample to the person from whom it has li'_e:i taken;

(b) send m the pres-eii'i^d manner another sample for analysis to the Seed Analyst for the aiea within which such sample has been taken; and

(c) retain the remaining sample in the prescribed manner for production in case anv leyal proceedings are taken or for analysis by the Central Sevd Laboratory under sub-s-ection (3) 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 sample-!, the Seed Inspector shall send intimation TO the Seed Analyst of such reiusal 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 pioceedings are taken.

(J) Where a Seed Inspector takes any action under clause (c) of jub-section (/) of section 14 —

(a) he shall use all despatch in ascertaining whether or not the seed contravenes any ot 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 ur, as the case may be, take auch action as may be necessary for the leturn of the stock oi the seed seized.

(b) if he seizes the t,tock 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 proLecut>on, if the alleged offence is such that the defect may be removed DV the possessor of the seed, he shall, on being satisfied that the- detect 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 (/> of section 14, he shall, as soon as may be, inform a magistrate and iake his orders as to the custody thereof.

Hcport of Seed Analyst.

16. (7) The Seed Analyst shall, as soon as may be after the re- ceipt 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 pecused vendor or the complainant may, on payment of the prescribed fee, make an application to the court for sending any of the samples mentioned in clause (a) or clause (c) of sub-section (2) of section 15 to the Central Seed Laboratory for its report and on receipt of the application, the court shall first ascertain that the mark and the seal or fastening as provided in clause (b) of sub-section (1) of section 15 are intact and may then despatch the sample under its own seal to the Central Seed Laboratory which shall thereupon send its report to the court in the prescribed form within one month from the date of receipt of the sample, specifying the result of the analysis.

(3) The report sent by the Central Seed Laboratory under sub- section (2) shall supersede the report given by the Seed Analyst under sub-section (1),

(4) Where the report sent by the Central Seed Laboratory under sub-section (2) ig produced in any proceedings under section 19, it shall not be necessary in such proceedings to produce any sample or pert thereof taken far analysis.

17. No person shall, for the purpose of sowing or planting by any person (including himself), export or import or cause to be ex- ported or impurtcd any sr-ed of any notified kind or variety, unless—

Restuction on export and import of seeds of notified kinds or vorit;- (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 t he correct particulars thereof specified for that seed under clause (b) of section 6.

18. The Central Government may, on the recommendation 01

the Committee and by notification in the Official Gazette, recognise any seed certification agency established in any foreign country, for the Durooses of this Act.

Recogni- tion erf seed certifica- tion agencies of foreign count- ries.

Penalty.

IS. If any person—

(0) contravenes any provision of this Act or ttny rule m a d*

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—

(1) 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 lor a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

20. When any person has been convicted under this Act for the Forfei- ture of property.

contravention of any of the provisions of< this Act or the rules made thereunder, the seed in respect of which t he contravention hae been committed m ay be forfeited to the Government.

Ounces b¹. com- panies.

21. (1) Where an offence under this Act has bfen committed by a company, every person who at the time the offence was committed was m charge of and was responsible to, the company for the conduct of the business ot 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 ewitMSfd all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), where an offence under thw 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 nr othrr officer shall also be deemed to be guilty of that offence and .shall be liable to be proceeded against and punished accordingly.

Erplanation.—Fm the rairposes of this section,—

(a) "company" means any bodv 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. 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.

Piotec- Uon of action taken in good faith

Power to give duec-

tioili

2.1. 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 provi- sions of this Act or of any rule made thereunder.

Exemption. 24. Nothing in this Act shall apply to any seed of any notified kind or variety grown by a person and sold or delivered by him on his own premises direct to another person for being used by that person for the purpose of sowing or planting,

25. (7) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of thi3 Act.

SEC. 11 THS fiA^TT-P QP, INEftA EXTRA0BDJ-NARY 7 y3

12) 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;

(c) the functions of a certification agency;

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

(e) the requirements which may be complied with by a person carrying on the bupiness referred to in section 7;

(/) the form of application for the grant of a certificate under section 9, the particulars it may contain, the fees which should accompany it, the form of the certificate and the condi- tions subject to which the certificate may be granted;

(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 Se*>d Analysts and Seed Inspectors;

(i) the manner in whieh 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 ana- lysing 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 respec: 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'

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

(3) Every rule made under this Act shall be laid as roon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately follow- ing, both Houses agree in making any mcd flcation in the rule or both Housrr agree that the rule should not be made, that rule shall, there- after 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 thall be without prejudice to the validity of anything previously rtonp under that rule.

S. P. SEN-VARMA,

Secy, to the Govt. of India,

ERRATUM

In the Produce Cess (Amendment) Act, 1966 (No. 49 of 1966) aa published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 15th December, 1966, at page 646, in section 6, sub-section (1), against serial number 3, in column 4, for "per cent, of the tariff value", read "1 per cent, of the tariff value".

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