Subject NOT available

click here for IIIF manifest

REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 497] NEW DELHI, FRIDAY, DECEMBER 30, 1983/PAUSA 9, 1905

Separate Paging is given to this Part in order that it may be filed as A separate

compilation

1246GI/83-1

(1)

Act, 1955 (10 of 1955), the Central Government hereby makes the following order, namely :—

MINISTRY OF AGRICULTURE

(Department of Agriculture & Cooperation)

ORDER

New Delhi, the 30th December, 1983

G.S.R. 932(E).—In exercise of the powers con- ferred by section 3 of the Essential Commodities PRELIMINARY

1. Short title and extent :

(i) This Order may be called the Seeds (Control) Order, 1983.

(ii) It extends, to the whole of India.

(iii) It shall come into force on the 30th December, 1983.

2. Definitions :

In this Order, unless the context otherwise re- quires,

(a) "Act" means the Essential Commodities Act, 1955 (10 of 1955).

(b) "Controller" means a person appointed as Controller of Seeds by the Central Government and includes any person empowered by the Central Government to exercise all or any functions of the Controller under this Order;

(c) "Dealer" means a person carrying on the business of selling, exporting or im- porting seeds, and includes an agent of a dealer;

(d) "Export" means to tate or cause to be taken out from any place in India to a place outside India;

(e) "Form" means a form appended to this Order;

(f) "Import" means to bring or cause to be brought to any place in India from out- side India.

(g) "Inspector" means an Inspector ot seeds appointed under clause 12;

(h) "Registering authority" means a licens- ing authority appointed under clause 11;

(i) "Seeds" means the seeds as defined in the Seeds Act, 1966 (54 of 1966).

(j) "State Government" in relation to a Union Territory means the Administra- tor thereof by whatever designation known.

DEALER IN SEEDS TO BE LICENSED

3. Dealer to obtain licence :

(1) No person shall carry on the business of selling exporting or importing seeds at any place except under and in accord- ance with the terms and conditions of licence granted to him under this order.

(2) Notwithstanding anything contained in sub-clause (1), the State Government may, by notification in the Official Gazette, exempt from the provisions, of that sub-clause such class of dealers in such areas and subject to such conditions as may be specified in the notification.

4. Application for licence :

Every person desiring to obtain a licence for selling, exporting or importing seeds shall make an application in duplicate in Form 'A' together with a fee of rupees fifty for licence to licensing authority.

5. Grant and refusal of licence :

(1) The licensing authority may, after mak- ing such enquiry as it thinks fit, grant a licence in Form 'B' ta any person who applies for it under clause 4:

Provided that a licence shall not be issued to

a p e r s o n-

fa) whose earlier licence granted under this Order is under suspension, dur- ing the period of such suspension;

(b) whose earlier licence granted under this Order has been cancelled, with- in a period of one year from the date of such cancellation.

(c) who has been convicted under the Essential Commodities Act, 1955 (10 of 1955) or any order issued there- under within three years preceding the date of application.

(2) When the licensing authority refuses to grant licence to a person who applies for it under clause 4, lie shall record his reasons for doing so.

6. Period of validity of licence :

Every licence under this Order, shall, unless previously suspended or cancelled, re- main valid for three years from the date of its issue.

7. Renewal of licence :

(1) Every holder of licence desiring to re- new the licence, shall, before the date of expiry of the licence, make an appli- cation for renewal in duplicate, to the licensing authority in Form *C* together with a fee of rupees twenty for re- newal. On receipt of such application, together with such fee, the licensing authority may renew the licence.

(2) If any application for renewal is not made before the expiry of the licence.

but is made within one month from the date of expiry of the licence, the licence may be renewed on payment of addi- tional fee of rupees twenty five, in addi- tion to the fee for renewal of licence,

8. Dealers to display stock and price list :

Every dealer of seeds shall display in his place

of business :

(a) the opening and closing stocks, on daily basis, of different seeds held by him;

(b) a list indicating prices or rates of

different seeds.

9. Dealers to give memorandum to purchaser:

Every dealer shall give a cash or credit me- morandum to a purchaser of seeds.

10. Power to distribute seeds :

Where it is considered necessary to do so in public interest, the Controller may, by an order in writing direct any producer or dealer to sell or distribute any seed in such manner as may be specified therein.

NFORCEMENT AUTHORITY :

11. Appointment of licensing authority :

The State Government may by notification in the Official Gazette appoint such number of persons as it thinks necessary ta be licensing authority and may also define in that notification the area with- in which each such licensing authority shall exercise his jurisdiction.

12. Appointment of Inspectors :

The State Government may by notification in the Official Gazette appoint such number of persons as it thinks necessary to be Inspectors and may in such noti- fication define the local area within which each such Inspector shall exer- cise his jurisdiction.

13. Inspection and Punishment :

O) An Inspector may with a view to secur- ing compliance with this Order—

fa) require any dealer to give :my informa- tion in his possession with respect to purchase, storage and sale of seeds by him:

(b) enter upon and search any premises where any seed is stored or exhibited for sale to ensure compliance with the provision of this Order;

(c) draw samples of seeds meant for sale, export and seeds imported, and send the same in accordance with the pro- cedure laid down in Schedule 1. to a laboratory notified under the Seeds Act, 1966 (54 of 1966) to ensure the sample conforms to standard of quality claimed;

(d) seize or detain any ssed in respect of which he has reason to believe that a contravention of this Order has been committed or is being committed;

(e) seize any books of accounts or docu- ment relating to any seed in tQSpect of which he has reason to believe that a contravention of the Order has been committed or is being com- mitted.

Provided that the Inspector shall give a receipt, in respect of the books of accounts or documents seized, to the person from whom they have been

seized.

Provided further that the seized books of accounts or documents shall be returned to the person from whom the same had been seized after copies thereof or extracts therefrom as certified by such person have been taken.

(2) Subject to the provision of paragraph (d) of sub-clause (1), the provision, of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall, so far as may be, apply to searches and seizures under this clause.

(3) Where any seed is seized by an Inspec- tor under this clause, he shall forthwith report the fact of such seizure to a Magistrate whereupon the provisions of sections 457 and 458 of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to the custody and disposal of such seed.

(4) Every person, if so required by an Ins- pector, shall be bound to offer all neces- sary facilities to him for the purpose of enabling him to exercise his power under this clause.

14. Time limit for analysis :

The laboratory to which a sample has been sent by an Inspector for analysis under this Order shall analyse the said samp- les and send the analysis report to the

1246 GT/83—2

concerned Inspector within 60 days from the date of receipt of the sample in the laboratory.

15. SuspensionjCancellation of licence :

The licensing authority may, after giving the holder of the licence an opportunity of being heard, suspend or cancel the licence on the following grounds, name- ly :—

(a) that the licence had been obtained by misrepresentation as to a material particular; or

(b) that any of the provisions of this Order or any condition of licence has been contravenea.

16. Appeal :

Any person aggrieved by an order—

(a) refusing to grant, amend¹ or renew the licence For sale, export or import of seeds;

(b) suspending or cancelling any licence, may within sixty days from the date of the order, appeal to s\jch authority as the State Government may specify in this, behalf, and the decision of such authority shall be final ;

Provided that an application for appeal shall accompany an appeal fee of rupees fifty.

MISCELLANEOUS :

17. Amendment of licence :

The licensing authority may, on receipt of a request in writing together with a fee of rupees ten from a dealer, amend the licence of such dealer.

18. Maintenance of tecords and submission or

returns, etc. :

Cl) Every dealer shall maintain such boolcs, accounts and records relating to his business as may be directed by the State Government.

(2) Every dealer shall submit monthly re- turn relating to his business for the pre- ceding month in Form 'C to the licens- ing authority by the 5th day of every month.

rNo. 24-22J82-SD]

R. K. SRIVASTAVA, Jt. Secy.

EMBLEM

FORM 'A'

(See clause 4)

FORM OF APPLICATION TO OBTAIN

DEALERS' LICENCE

To

The Registering Authority,

(Place)

State oflU.T. of

1. Full name and address of the applicant

(a) Name and postal address :

(b) Place of business (please give exact

address):

(i) for sale

(ii) for storage

2. Is it a proprietary (partnership |Limited Com- .

pany|Hindu undivided family concern ? Give the Naine(s) and address(es) of properitor|partnerj Manager|Karta.

3. In what capacity this application is made :

(i) Proprietor

(ii) Partner

(iii) Manager

(iv) Karta

4. Was the applicant ever convicted under the Essential Commodities Act, 1955 (10 of 1955), or any order issued thereunder during the last three years preceding the date of application ? If so, give details.

5. Give the details of seeds to be handled

S. No; Name of Seed

6. I]We have deposited the licence fee of rupees fifty vide challan No. dated • in treasury|bank .

7. Declaration :

(a) I|We declare that the information given

above is true to the best of my | our know- ledge and belief and no part thereof is false.

(b) 11We have carefully read the terms and conditions of the licence given in Form 'B' appended to the Seeds (Control) Order, 1983, and agree to abide by them.

Signature of Applicant

Date :

Place :

Note : (1) Where the business of sellings|export- ing | importing seeds is intended to be carried on at more than one place, a separate licence should be obtained for each such place.

For use in the office of Licensing Authority

Date of receipt

Name and designation of officer

receiving the application.

EMBLEM

FORM 'B'

(See clause 5)

LICENCE TO CARRY ON THE BUSINESS OF A DEALER IN SEEDS

LICENCE No.

Date :

Subject to the provisions of the -Seeds (Control) Order, 1983 and to the terms and conditions of -— this Licence ShrilMJs. is hereby granted licence to sell, export, import and store for the said purposes of seeds.

2. The licencee shall carry on the aforesaid (Place for business at- storage and place for sale) (Tehsil or District)

Date :

Seal :

Licensing Authority

State of

Terms and conditions of licence :

0) The licence shall be displayed at a pro- minent and compicuous place in a part of the business premises open to the public.

(ii) The holder of the licence shall comply with the provisions of the Seeds (Cont- rol) Order, 1983 and the notifications issued thereunder qnd for the time being in force.

(iii) This licence comes into force with im- mediate effect and shall be valid upto unless previously cancelled

or suspended-

(iv) rhe holder ot the licence shall trom time to time report to the licensing authority any change in the premises where he carries on his business of sale, export, import or storage for the said purposes seeds.

(v The licencee shall give every facility to the licensing authority or any other Officer acting under his Authority for the purpose of inspecting his stock in any shop, depot or golden or ther place| places used by him or the purpose of storage, sale or export of seeds.

EMBLEM

FORM 'C

(See clause 7)

APLICATION FOR RENEWAL OF LICENCE TC CARRY ON THE BUSINESS OF A DEALER IN SEEDS

Tc

The Licensing Authority

(place)

State of|U.T. of

I|We hereby apply for renewal of the Licence to carry on the business of dealer in seeds under the name and style of Shri|M|s. The licence, desired to be renewed, was granted by the Licensing Authority for the State of and allotted Licence No. on the day of 19

Signature of applicant^)

Full name and address of the applicant(s) Date and Place :

Certified that the Licence bearing No. granted on—• to carry on the business of a dealer in seeds at the premises situated

is hereby renewed upto , unless previously can- celled or suspended under the provisions of the Seeds (Control) Order, 1983.

Licensing Authority

State of

Date :

Renewal No.

Seal :

FORM 'D'

(See clause 18)

1. Nonth and Year :

2. >ame and designation of Licensee:

(Quantity ia Quintals)

"rop/Varicty Class of Opening Quantity Total Total Total Total Closing

seed stock on purchased quantity quantity quantity stlock on

the first during the imported sold exported the lust day of month the month

day of the month

1 2 3 4 5 6 7 89

" -HI — " ~ ~ ^ (3+4+5; ~ ~'~~ ' 6—Q+&)

SCHEDULE—I

(See clause 13)

Signature of dealer :

Name :

Address :

ciently tight to prevent leakage and entrance of moisture and shall be care-> fully sealed.

baling Fastening, Destfatdi and Analysis of n g^^g ^^ .

Samples Bulk Sampling—When sampling seed lots are stored in bulk (heaps, bins, I. Manner of taking Samples : w a g o n s> e t c.) ^ fonOwing sampling in-

Samples of any seed for the purpose of tensity should be regarded as a mini- analysis shall be taken in a clean dry m u rn requirement for obtaining the container which shall be closed suffi- "bulk sample".

(a) up-to 500 kilograms—at least 5 in- dividual samples except in case of small lots upto 50 kilograms where a smaller number of samples is sufficient, not less than, 3 samples need be taken.

(b) 501 to 3,000 kilograms—one indi- vidual sample for each 300 kilograms, but not less than 5 individual samples.

(c) 3,001 to 20,000 kilograms—one in- dividual samples for each 500 kilograms but not less than 10 individual samples.

For seed in bulk the individual samples should be distributed at random all over the bulk and the samples drawn from varying depths. Bag sampling—For seed lots in bags or other contain- ers the following sampling intensity should be regarded as a minimum requirement :

(d) upto 5 containers—sample each con- tainer but always take at least 5 indivi- dual samples.

(e) from 6 to 30 containers—sample at least one in every three containers but never less than 5.

(f) 31 containers or more—sample at least one in every five containers but never less than 10.

Unless doubt exists about the homogeneity of a lot, all such primary samples should be combined to make a composite sample of the lot for sub- mitting to the seed testing laboratory. If the in- dividual or primary samples are not sufficiently homogenous, they may be sent to the laboratory for a heterogeneity test.

II. Containers to be labelled and addres- sed—All containers containing samples for analysis shall be properly labelled and the parcels shall be properly addres- sed. The label on any sample of seed sent for analysis shall bear—

(a) serial number;

(b) name of the sender with ofiical de- signation, if any ;

(c) name of the person from when the sample has been taken;

{d) date and place of taking the saiple;

(e) kind or variety of the seed forma- lysis;

(f) nature and quantity of preservave, if any, added to the sample.

IV. Manner of Packing, Fastening ad Sealing the Samples—All samples of seeds sent for analysis shall be packd, fastened and sealed in the followig manner ;

(a) The stopper shall first be secure* fastened so as to prevent leakage of tie containers in, transit.

(b) The container shall then be conpJe- tely wrapped in fairly strong ti^k, paper. The ends of the paper shall be neatly folded in and affixed by means of gum or other adhesive.

(c) The paper cover shall be further secured by means of strong twine or thread both above and across the con- tainer, and the twine or thread slall then be fastened on the paper cover by means of sealing wax on which thlre shall be at least four distinct and cl

NdNTBB BY THE MANA0E*. OOVT. OF INDIA P U S S, HKQ ROAD, NEW BHLHI-110064

AND PUBLISHED BY THB CONTROLLER OP PUBUCATIONS, BEtOT-110054, 1 9 83