Short title, extent and commencement
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 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.
Definitions
2. In this Act, unless the context otherwise requires,
(1) “Agriculture” includes horticulture;
(2) “Central Seed Laboratory” means the Central Seed Laboratory established or
declared as such under sub-section (1) of section 4;
(3) “Certification agency” means the certification agency established
(4) “Committee” means the Central Seed Committee constituted under sub-section
(1) 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 or packed;
(6) “Export” means taking out 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 as cabbage,
maize, paddy and wheat;
(9) “notified kind or variety” , in relation to any seed, means any kind or variety
thereof notified under Section 5;
(10) “Prescribed” means prescribed by rules made under this act;
(11) “seed” means any of the following classes of seeds used for sowing or
planting-
(i) 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, cuttings, 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 Seed
Laboratory established 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.
Central Seed Committee
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 this Act.
(2) The Committee shall consist of the following members, namely:-
(i) a Chairman to be nominated by the Central Government;
(ii) eight persons to be nominated by the Central Government to
represent such interests that Government thinks fit, of whom not less
than two persons shall be representatives of growers of seed;
(iii) 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 be eligible for renomination.
(4) The Committee may, subject to the previous approval of the Central
Government, make bye-laws fixing the quorum and regulating its own
procedure and the conduct of all business to be transacted by 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-committees 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.
Central Seed Laboratory and State Seed Laboratory
4. (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.
Power to notify kinds or varieties of seeds
5. 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 the Act and different kinds or
varieties may be notified for different States or for different areas thereof.
Power to specify minimum limits of germination and purity, etc.
6. The Central Government may, after consultation of 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 marks or label may contain.
Regulation of sale of seeds of notified kinds or varieties
7. 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.
Certification agency
8. 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.
Grant of certificate by certification agency
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 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 minimum limits of germination and purity specified for that seed under
clause (a) of section 6, grant a certificate in such form and on such
conditions as may be prescribed.
Revocation of certificate
10. If the certification agency is satisfied, either on a reference made to it in
this behalf or otherwise, that-
(a) the certificate granted by it under section 9 has been obtained by
misrepresentation as to an essential fact; or
(b) the holder of the certificate has, without reasonable cause, failed to
comply with the conditions subject to which the certificate has been
granted or has contravened any of the provisions of this Act or the
rules made thereunder;
then, without prejudice to any other penalty to which the holder of the
certificate may be liable under this Act, the certification agency may,
after giving the holder of the certificate an opportunity of showing
cause, revoke the certificate.
Appeal
11. (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 appellate
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.
Seed Analysts
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.
Seed Inspectors
13. (1) The State Government may, by notification in the Official Gazette, appoint
such persons as it thinks fit, having the prescribed qualifications, to be
Seed Inspectors and define the areas within which they shall exercise
jurisdiction.
(2) Every Seed Inspector shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (45 of 1860) and shall be
officially subordinate to such authority as the State Government may
specify in this behalf.
Powers of Seed Inspector
14. (1) The Seed Inspector may-
(a) take samples of any seed of any notified kind or variety from-
(i) any person selling such seed; or
(ii) any person who is in the course of conveying, delivering or
preparing to deliver such seed to a purchaser or a consignee; or
(iii) a purchaser or a consignee after delivery of such seed to him;
(b) send such sample for analysis to the Seed Analyst for the area within
which such sample has been taken;
(c) enter and search at all reasonable times, with such assistance, if any, as
he considers necessary, any place in which he has reason to believe
that an offence under this Act has been or is being committed and
order in writing the person in possession of any seed in respect of
which the offence has been or is being committed, not to dispose of
any stock of such seed for a specific period not exceeding thirty days
or, unless the alleged offence is such that the defect may be removed
by the possessor of the seed, seize the stock of such seed;
(d) examine any record, register, document or any other material object
found in any place mentioned in clause (c) and seize the same if he has
reason to believe that it may furnish evidence of the commission of an
offence punishable under this Act; and
(e) exercise such other powers as may be necessary for carrying out the
purposes of this Act or any rule made thereunder.
(2) Where any sample of any seed of any notified kind or variety is taken
under clause (a) of sub-section (1), its cost, calculated at the rate at which
such seed is usually sold to the public, shall be paid on demand to the
person from whom it is taken.
(3) The power conferred by this section includes power to break-open any
container in which any seed of any notified kind or variety may be
contained or to break-open the door of any premises where any such seed
may be kept for sale:
Provided that the power to break-open the door shall be exercised only
after the owner or any other person in occupation of the premises, if he is
present therein, refuses to open the door on being called upon to do so.
(4) Where the Seed Inspector takes any action under clause (a) of sub-section
(1), he shall, as far as possible, call not less than two persons to be present
at the time when such action is taken and take their signatures on a
memorandum to be prepared in the prescribed form and manner.
(5) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall,
so far as may be, apply to any search or seizure under this section as they
apply to any search or seizure made under the authority of a warrant issued
under section 98 of the said Code.
Procedure to be followed by Seed Inspectors
15. (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.
(2) When samples of any seed of any notified kind or variety are taken under
sub-section (1), the Seed Inspector shall-
(a) deliver one sample to the person from whom it has been taken;
(b) send in the prescribed manner another sample for analysis to the Seed
Analyst for the area within which such sample has been taken; and
(c) retain the remaining sample in the prescribed manner for production in
case any legal proceedings are taken or for analysis by the Central Seed
Laboratory under sub-section (2) of section 16, as the case may be.
(3) If the person from whom the samples have been taken refuses to accept
one of the samples, the Seed Inspector shall send intimation to the Seed
Analyst of such refusal and thereupon the Seed Analyst receiving the
sample for analysis shall divide it into two parts and shall seal or fasten up
one of those parts and shall cause it, either upon receipt of the sample or
when he delivers his report, to be delivered to the Seed Inspector who shall
retain it for production in case legal proceedings are taken.
(4) Where a Seed Inspector takes any action under clause (c) of sub-section (1)
of section 14:
(a) he shall use all despatch in ascertaining whether or not the seed
contravenes any of the provisions of section 7 and if it is ascertained that
the seed does not so contravene, forthwith revoke the order passed under
the said clause or, as the case may be, take such action as may be
necessary for the return of the stock of the seed seized;
(b) if he seizes the stock of the seed, he shall, as soon as may be, inform a
magistrate and take his orders as to the custody thereof;
(c) without prejudice to the institution of any prosecution, if the alleged
offence is such that the defect may be removed by the possessor of the
seed, he shall, on being satisfied that the defect has been so removed,
forthwith revoke the order passed under the said clause.
(5) Where as 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.
Report of Seed Analyst
16. (1) The Seed Analyst shall, as soon as may be after the receipt of the sample
under sub-section (2) of section 15, analyse the sample at the State Seed
Laboratory and deliver, in such form as may be prescribed, one copy of the
report of the result of the analysis to the Seed Inspector and another copy
thereof to the person from whom the sample has been taken.
(2) After the institution of a prosecution under this Act, the accused vendor or
the complainant may, on payment of the prescribed fee, make an
application to the court for sending any of the samples mentioned in clause
(a) or clause (c) of sub-section (2) of section 15 to the Central Seed
Laboratory for its report and on receipt of the application, the court shall
first ascertain that the mark and the seal or fastening as provided in clause
(b) of sub-section (1) of section 15 are intact and may then despatch the
sample under its own seal to the Central Seed Laboratory which shall
thereupon send its report to the court in the prescribed form within one
month from the date of receipt of the sample, specifying the result of the
analysis.
(3) The report 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.
Restriction on export and import of seeds of notified kinds or varieties
17. 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.
Recognition of seed certification agencies of foreign countries
18. The Central Govt. may, on the recommendation of the Committee and by
notification in the Official Gazette, recognise any seed certification agency
established in any foreign country, for the purposes of this Act.
Penalty
19. If any person-
(a) contravenes any provision of this Act or any rule made thereunder; or
(b) prevents a Seed Inspector from taking sample under this Act;
or
(c) prevents a Seed Inspector from exercising any other power conferred on
him by or under this Act;
he shall, on conviction, be punishable-
(i) for the first offence with fine which may extend to five hundred
rupees, and
(ii) in the event of such person having been previously convicted of an
offence under this section, with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand
rupees, or with both.
Forfeiture of property
20. When any person has been convicted under this Act for the contravention of
any of the provisions of this Act or the rules made thereunder, the seed in
respect of which the contravention has been committed may be forfeited to the
Government.
Offences by companies
21. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and
was responsible to the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment under this Act if he proves that the
offence was committed without his knowledge and that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary
or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
Explanation. – For the 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.
Protection of action taken in good faith
22. 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.
Power to give directions
23. The Central Government may give such directions to any State
Government as may appear to the Central Government to be necessary for
carrying into execution in the State any of the provisions of this Act or of
any rule made thereunder.
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.
Power to make rules
25. (1) The Central Government may, by notification in the Official Gazette,
make rules to carry out the purpose of this Act.
(2) In particular and without prejudice to the generality of the fore-going
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 subcommittee 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 business referred to in section 7;
(f) 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 conditions 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 Seed Analysts and Seed Inspectors;
(i) 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;
(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 respect 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
(l) 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 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 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
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.