(Act No. 54 of 1966)
{29th December, 1966}
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) Short title, extent and commencement
- (1) This Act may be called the Seeds Act, 1966.
- (2) It extends to the whole of India.
- (3) It shall come into force on such date as the Central Government may , by notification in the Official Gazette, appoint , and different dates may be appointed for different provisions of this Act, and for different States or for different areas thereof.
2) Definitions
In this Act unless the context otherwise requires -
3) Central Seed Committee
4) Central Seed Laboratory and State Seed Laboratory
- (1) The Central Government may, by notification in the Official Gazette, establish a Central Seed Laboratory or declare any seed laboratory as the Central Seed Laboratory to carry out the functions entrusted to the Central Seed Laboratory by or under this Act.
- (2) The State Government may, by notification in the Official Gazette, establish one or more State Seed Laboratories or declare any seed laboratory as a State Seed Laboratory where analysis of seeds of any notified kind or variety shall be carried out by Seed Analysts under this Act in the prescribed manner.
5) Power to notify kinds or varieties of seeds
If the Central Government, after consultation with the Committee, is of opinion that it is necessary or expedient to regulate the quality of seed of any kind or variety to be sold for purposes of agriculture, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of this Act and different kinds or varieties may be notified for different States or for different kinds or varieties may be notified for different States or for different areas there of.
6) Power to specify minimum limits of germination and purity, etc
The Central Government may, after consultation with the Committee and by notification in the Official Gazette specify -
- (a) The minimum limits of germination and purity with respect to any seed of any notified kind or variety
- (b) The mark or label to indicate that such seed conforms to the minimum limits of germination and purity specified under clause (a) and the particulars which such mark or label may contain.
7) Regulation of sale of seeds of notified kinds or varieties
No person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety, unless -
- a) Such seed is identifiable as to its kind or variety;
- b) Such seed conforms to the minimum limits of germination and purity specified under clause (a) of section 6;
- c) The container of such seed bears in the prescribed manner, the mark or label containing the correct particulars thereof, specified under clause (b) of section 6; and
- d) He complies with such other requirements as may be prescribed.
8) Certification agency
The State Government or the Central Government in consultation with the State Government may, by notification in the Official Gazette, establish a certification agency for the State to carry out the functions entrusted to the certification agency by or under this Act.
The Central Seed Certification Board
(8A to 8Eis as perThe Seeds (Amendment) Act, 1972, dated 9th September, 1972.)
"8 A
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(1) The Central Government shall, by notification in the Official Gazette, establish a Central Seed Certification Board (hereinafter referred to as the Board) to advise the Central Government and the State Government on all matters relating to certification and to co-ordinate the functioning of the agencies established under section 8.
- The Board shall consist of the following members, namely:
- i. A Chairman, to be nominated by the Central Government
- ii. Four members, to be nominated by the Central Government from out of the persons employed by the State Governments as Director of Agriculture;
- iii. Three members, to be nominated by the Central Government from out of the persons employed by the Agricultural Universities as Directors of Research;
- iv. Thirteen persons, to be nominated by the Central Government to represent such interests as that Government thinks fit, of whom not less than four persons shall be representatives of seed producers or tradesmen.
- v. A member of the Board shall, unless his seat becomes vacant earlier by resignation or otherwise, be entitled to hold office for two years from the date of his nomination;
- Provided that a person nominated under clause (ii) or clause (iii) of sub-section (2) shall hold office only for so long as he holds the appointment by virtue of which his nomination was made.
Other Committees
8 B
Board may appoint as many Committees as it deems fit consisting wholly of the members of the Board or wholly of other persons or partly of members of the Board and partly of other persons as it thinks fit to exercise such powers and perform such duties as may be delegated to them, subject to such conditions as it may think fit, by the Board.
Proceedings of Board or Committee not to be invalid by reason of any vacancy therein
8 C
No proceeding of the Board or any Committee thereof shall become invalid merely by reason of the existence of any vacancy therein or any defect in the constitution thereof.
Procedure for Board
8 D
The Board may, subject to the previous approval of the Central Government, make bye-laws for the purpose of regulating its own procedure and the procedure of any Committee thereof and the conduct of all business to be transacted by it or such Committee.
Secretary and other officers
8 E
The Central Government shall -
Appoint a person to be the Secretary of the Board, and
Provide the Board with such technical and other staff as the Central Government considers necessary."
9) Grant of certificate by certification agency
- (1) Any person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of any notified kind or variety may, if he desires to have such seed certified by the certification agency, apply to the certification agency for the grant of a certificate for the purpose.
- (2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and shall be accompanied by such fees as may be prescribed.
- (3) On receipt of any such application for the grant of a certificate, the certification agency may, after such enquiry as it thinks fit and after satisfying itself that the seed to which the application relates conforms to the prescribed standard(The Seeds (Amendment) Act, 1972, dated 9th September, 1972.) 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 purpose under clause (a) of section 6. (The Seeds (Amendment) Act, 1972, dated 9th September, 1972.)
10) Revocation of certificate
If the certification agency is satisfied, either on a reference made to it in this behalf or otherwise, that -
- a. The certificate granted by it under section 9 has been obtained by misrepresentation as to an essential fact; or
- b. The holder of the certificate has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been granted or has contravened any of the provisions of this Act or has contravened any of the provisions of this Act or the rules made there under;
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.
11) Appeal
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(1) Any person aggrieved by a decision of a certification agency under section 9 or section 10, may, within thirty days from the date on which the decision is communicated to him and on payment of such fees as may be prescribed, prefer an appeal to such authority as may be specified by the State Government in this behalf.
Provided that the appellate authority may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
- 2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible.
- 3) Every order of the appellate authority under which section shall be final.
12) Seed Analysts
The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Analysts and define the areas within which they shall exercise jurisdiction.
13) Seed Inspectors
- (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Seed Inspectors and define the areas within which they shall exercise jurisdiction.
- (2) Every Seed Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and shall be official subordinate to such authority as the State Government may specify in this behalf.
14) Powers of Seed Inspector
15) Procedure to be followed by Seed Inspectors
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(1) Whenever a Seed Inspector intends to take sample of any seed of any notified kind or variety for analysis, he shall -
- (a) Give notice in writing, then and there, of such intention to the person from whom he intends to take sample;
- (b) Except in special cases provided by rules made under this Act, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits.
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(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 there upon 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.
Where a Seed Inspector takes any action under clause (c)of sub-section (1) of section 14;
He shall use all dispatch in ascertaining whether or not the seed contravenes any of the provisions of section 7 and if it 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;
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;
Without prejudice to the institution of any prosecution, if the alleged offense 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.
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, analyses 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 dispatch 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 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.
18) Recognition of seed certification agencies of foreign countries
The Central Government may, on the recommendation of the Committee and by notification in the Official Gazette, recognize any seed certification agency established in any foreign country, for the purposes of this Act.
19) Penalty
20) Forfeiture of property
When any person has been convicted under this Act for the contravention of any of the provisions of the Act or the rules made there under, the seed in respect of which the contravention has been committed may be forfeited to the Government.
21) Offenses by companies
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(1) Where an offense under this Act has been committed by a company, every person who at the time the offense 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 offense 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 offense was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offense.
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2) Notwithstanding anything contained in sub-section (1), where an offense under this Act has been committed by a company and it is proved that the offense 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 offense and shall be liable to be proceeded against and punished accordingly.
- Explanation - For the purpose 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.
22) Protection of action taken in good faith
No 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.
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 there under.
24) Exemption
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) Power to make rules.