THE SEED ACT, 1966 (Act No. 54 of 1966)

The Act received the asscent of the President on 29th Dec., 66 and was published in issue No.66 of part II Sec. 1- extraordinary Gazette of India dated 30.12.66 and supplemented with Seeds Rules 1968 on 29.08.68. The total draft of seeds Act 1966 and seeds Rules 1968 were brought into effect on 01.10.1969.

 

OBJECT AND REASONS

In the interest of increased Agricultural production in the country, it is considered to regulate the quality of certain seeds, such as seeds of food crops, cotton, jute etc., to be sold for purpose of Agriculture (including horticulture)

 

METHOD TO ACHIEVE THIS OBJECT

1.       Constitution of central seed committee consisting of representative of the central government and the state governments, the National Seeds Corporation and other interests, to advise the governments on all matters arising out of the proposed legislation.

2.       Fixing minimum standards for Germination, Physical purity, varietal purity and maximum standard for moisture and ODV and other quality factors.

3.       Testing seeds for quality factors at the seed testing laboratories to be established by the central government and state governments.

4.       Creation of seed inspection and certification service in each state and grant of license’s and certificates to dealers in seeds.

5.       Compulsory labeling of seed container to indicate the quality of seeds offered for sales and

6.       Restricting the export, import and interstate movement of non-descriptive seed.

7.       In order to eliminate undue hardship, provision has been made in the draft of the Act, for example, the sale of seed by:

                     i.            Plant Breeder

                    ii.            Certain classes of producers

                  iii.            Any other person for purpose other than for the purpose of sowing or planting.

 

THE DRAFT OF SEEDS ACT, 1966 AND SEEDS RULES, 1968

The principle draft of Seeds Act 1966 contains 25 sections which are broadly classified into three groups as follows:

1.       General Sections.

2.       Sanctioning legislation.

3.       Regulating legislation.

The Seeds Rules, 1968 which has been promulgated as per powers conferred by section 25 of the Seeds Act 1966 contains XI parts and 39 rules. A key is given to refer the draft of legislation on seeds in a systematic manner for sorting out problems as and when come across.

 

KEY TO REFER THE DIFFERENT SECTIONS OF THE SEEDS ACT 1966 WITH CORRESPONDING SEED RULES 1968 ETC.

 

S.No.

Sections of Seeds Act

U/S

Applicable Seeds Rules etc.

 

I.

GENERAL

 

 

 

1.

Short Title, Extent and Commencement

1

 

 

2.

Definitions

2

Definitions

..2

 

II.

SANCTIONING LEGISLATION

 

 

 

1.

Central Seed Committee

3

Functions of the Central Seed Committee

..3

 

 

 

Traveling and daily allowances payable

..4

2.

Central and State Seed labs.

4

Function.

..5

3.

Certification Agency

8

Function of the Certification Agency

..6

 

A.

Central Seed Certification Board

 

 

 

 

B.

Other committees

 

 

 

 

C.

Proceedings of Board committee not to be invalid by reason of any vacancy therein

 

 

 

 

D.

Procedure for Board

 

 

 

 

E.

Secretary and other officers

 

 

 

4.

Recognition of Seed Certification Agencies of Foreign countries.

18

 

 

 

III

REGULATORY LEGISLATION

 

 

 

1.

Power to notified kinds on Varieties of seeds.

5

Hand book of cultivators may be referred

 

2.

Power to specify minimum limits of germination and purity etc.

6

Responsibility for marking or labeling

..7

 

 

 

Contents of the mark or label

..8

 

 

 

Manner of marking or labeling

..9

 

 

 

The container under clause (c) of section 7 and clause (b) of section 17 mark or label not to contain false or misleading statement.

..10

 

 

 

Mark or label not to contain reference to the Act or Rules contradictory to required particulars.

..11

 

 

 

Denial of responsibility for mark or label content prohibited.

..12

3.

Regulation of sale of seeds of notified kinds or varieties

7

7 to 13 & Records

..38

4.

Grant of certificate by Certification Agency

9

Application for grant of Certificate.

..15

 

 

 

Fees

..16

 

 

 

Certificate

..17

 

 

 

Certificate on ensuring conformity with standard

..17A

 

 

 

Form 1 application for seed production under Seeds Certification programme.

 

 

 

 

Form II Proforma for Certificates from Agency

 

5.

Revocation of certificate

10

 

 

6.

Appeal

11

The form and manner in which the fee and payment of which the appeal may be referred

..18

 

 

 

procedure to be followed by the appellate authority

..19

7.

Seed Analysts

12

Qualification of Seed Analysts

..20

 

 

 

Duties of a Seed Analyst

..21

8.

Seed Inspectors

13

Qualification of Seed Inspector

..22

 

 

 

Duties of Seed Inspector

..23

 

 

 

Action to be taken by the Seed Inspector if a complaint is lodged with him

..23A

 

 

 

(Section 210/IPC 1860)

 

9.

Power of Seed Inspector

14

Also refer section 15(1) (2) (3)

 

 

 

(a)

and Rules

 

 

 

 

Manner of taking sample

..24

 

 

 

Container to be labeled and addressed

..25

 

 

 

Manner of packing, fastening and sealing the samples

..26

 

 

 

Memorandum and Impression of seal to be sent separately

..30

 

 

 

Addition of preservatives

..31

 

 

 

Nature and quantity of preservative to be noted on the label

..32

 

 

(b)

Sample method to be sent to the Seed Analyst

..29

 

 

 

Form V memorandum Seed Analyst

 

 

 

(c)

Refer section 15(4) and Rule form of Receipt for records

..28

 

 

 

Form IV Memorandum of seizure

 

 

 

(4)

Form of Memorandum

..39

 

 

14

Form VIII Memorandum of Acknowledge.

 

 

 

(5)

Code of Criminal Procedure 1898 sec. 98.

 

10.

Procedure to be followed by Seed Inspector

15

Refer section 14(1)

 

 

 

 

Form of Notice

..34

 

 

 

Form VI Notice for drawing samples

 

 

 

(2)(c)

Retaining of samples

..37

11.

Report of Seed Analyst

16

Analysis of sample

..33

 

 

 

Form of report

..35

 

 

 

Form VII Analytical Report

 

 

 

(2)

Fees

..36

12.

Restriction on export and import of seeds of notified kinds or

17

Responsibility for marking or labeling

..7

 

 

 

Requirements to be compiled with by a person carrying on the business referred to in Section 7

..13

13.

Penalty

19

 

 

14.

Forfeiture of property

20

 

 

15.

Offences by companies

21

 

 

16.

Protection of action taken in good faith

22

IPC-Section 21

 

17.

Powers to give direction

23

 

 

18.

Exemption

24

 

 

19.

Powers to make rules

25