AF
agriguru
100
agri
+91 8590 753 947 | agriguru@[Link]
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Seed Act
Seed act passed by the Indian Parliament in 1966 . It was designed to create a 'Climate' in which
the seeds man could operate effectively and to make good quality seed available to cultivators.
The Act extent to the whole of India and it has 25 sections.
Seed legislation is of two types
Sanctioning legislation
Sanctioning legislation authorizes formation of Advisory bodies, Seed Certification Agencies,
Seed Testing laboratories, Foundation and Certified Seed Programmes, Recognition of Seed
certification Agencies of Foreign countries , Appellate authorities etc.
Regulatory legislation
Regulatory Legislation controls the quality of seeds sold in the market including suitable
agencies for regulating the seed quality. Regulatory legislation include:
Minimum limit and labeling of the notified kind / varieties of seed
✓ Power to notify the kind / variety
✓ Labeling provisions
✓ Seed testing
✓ Seed analyst
✓ Seed inspectors
✓ Penalty
✓ General provisions
Seed Certification
Restriction of Import and Export of Seeds
Minimum limit and labeling of the notified kind / varieties of seed
Voluntary certification and compulsory labeling of the seeds of notified kind / varieties
Power to notify the kind / varieties
New varieties evolved by the State Agricultural Universities and ICAR institutes are notified and
released /notified respectively under section 5 of the seeds act. It is done in consultation with the
central seed committee and its sub committees constitute under section 3 and 3(5) of the Seeds
Act.
Labeling provision
Minimum limits for germination, physical purity and genetic purity of varieties / hybrids for crops have
been prescribed and notified for labeling seeds of notified kind / varieties under section 6(a) of the
Seeds Act. Size of the label, colour of the label and content of the label were also notified under sub
clause (b) of Section 6 of Seed Act. Section 7 of the Seed Act regulates the sale of notified kind or
varieties. Accordingly no person shall keep for sale, offer to sell, barter or otherwise supply any seed
of any notified kind or variety, after the dates recorded on the container mark or label as the date unto
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
which the seed may expected to retain the germination not less than prescribed under clause (a) of
section 6 of the Act.
Seed Testing
There is a provision to set up a central seed laboratory and state seed laboratory to discharge functions
under section 4(1) and 4(2) of the Seed Act
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Seed Analysts
State Government could appoint the Seed Analysts through notification in the Official Gazette under
Section 12 of the Seed Act defining his area and his jurisdiction
Seed Inspector
The State Government, under section 13 of the Act may appoint such a person as it thinks fit, as a Seed
Inspector and define the areas within which he shall exercise jurisdiction for enforcing the seed law.
He will be treated as a public servant within a meaning of section 21 of the I.P.C. (45 of 1860). He has
power to examine records, register document of the seed dealer. He will also exercise such other powers
as may be necessary for carrying out the purposes of this Act or rule made there under. He can issue,
stop sale order in case the seed in question contravenes the provision of relevant Act and rules for
which he can use form [Link]. When he seizes any record, register documents or any other material ,
he should inform a magistrate and take his order for which he can use form [Link].
Penalty
If any person, contravenes any provision of the Act or Rule, or prevents a seed inspector from taking
sample under this Act or prevents a Seed Inspector from exercising any other power conferred on him
could be punished under section 19 of the act with a fine of five hundred rupees for the first offence.
In the event of such person having been previously convicted of an offence under this section with
imprisonment for a term, may extend to six months or with fine, which may extent to one thousand
rupees or with both.
Restriction of Export and Import of Seeds
There is a provision to restrict export and import of seeds of notified kinds or varieties. The section
17 defines as under “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:
✓ It conforms to the minimum limits of germination and purity specified for that seed
under clause (a) of Section 6 and
✓ Its container bears in the prescribed manner the mark or label with the correct particular thereof
specified for that seed under clause (b) of section 6.
The Seed (control) order, 1983
It had been notified as per Gazette notification, G.S.R 832(E) dated 30. 12.1983. Joint Secretary
(Seeds), Government of India, Ministry of Agriculture, Department of Agriculture and
Cooperation has been appointed as Seed Controller for implementation of seed (control) order.
Seed control order 1983.
Issue of license to dealer
All persons carrying on the business of selling, exporting and importing seeds will be required to
carry on the business in accordance with terms and conditions of license granted to him for which
dealer has to make an application in duplicate in Form 'A' together with a fee of Rs.50/- for license
to licensing authority unless the State Government by notification exempts such class of dealers in
such areas and subject to such conditions as may be specified in the notification. Based on such
enquiry as it thinks fit for licensing authority may grant in form 'B' or refuse in provisions of the
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Order. The refusal to grant license shall be accompanied by clear recording of reasons for such
refusal. Validity of license- 3 years
Renewal of License
A holder of license shall be eligible for renewal upon and applicable being made in the prescribed
form 'C' (in duplicate) together with a fee of rupees twenty before the expiry of license or at the
most within a month of date of expiry of license for which additional fee of Rs.25/- is required to
be paid.
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Appointing of Licensing authority
The state government may appoint such number of persons as it thinks necessary to be
inspector and define the area of such Inspector’s jurisdiction through notification in the
official gazette.
Time limit for analysis of samples by Seed testing lab
Time limit for analysis of samples by seed testing lab and suspension / cancellation of
license may be done by Licensing authority after giving an opportunity of being heard to the
holder of license, suspend or cancel the license on grounds of mis-representation of a
material in particular or contravention in provision of the order.
Suspension / Cancellation of license
The Licensing authority may after giving an opportunity of being held to the holder of
license, suspend or cancel the license on grounds of mis-representation of material in
particular or contravention in provision of the Order.
Appeal
The state government may specify authority for hearing the appeals against suspension / cancellation
under this order and the decision of such authority shall be final. Any person aggrieved by an order of
refusal to grant or amend or renew the license for sale, export / import of seed may within 60 days
from the date of Order appeal to the designated authority in the manner prescribed in the Order.
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Miscellaneous
The licensing authority may on receipt of request in writing together with Rs.10/- can amend the license
of such dealer. Every seed dealer are expected to maintain such books, accounts and records to this
business in order and submit monthly return of his business for the preceding months in Form 'D' to
the licensing authority by 5th day of every month
SEED ACT, 1966 – Detailed notes
Section 1- 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.
Section 2- Defnitions
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 under Section 8 or
recognised under Section 18;
4. "Committee" means the Central Seed Committee constituted under sub-section (1) of
Section 3;
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
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-
seeds of food crops including edible oil seeds and seeds of fruits and vegetables;
cotton seeds;
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.
Section 3- Central Seed Committee
Main role is 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.
The Committee shall consist of the following members, namely:-
• a Chairman to be nominated by the Central Government;
• 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;
• 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.
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
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.
Section 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.
Section 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 areas thereof.
Section 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.
Section7- 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-
such seed is identifiable as to its kind or variety;
such seed conforms to the minimum limits of germination and purity specified under clause (a)
of section 6;
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
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
complies with such other requirements as may be prescribed.
Section 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.
Section 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 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.
Section 10- Revocation of certificate
If the certification agency is satisfied, either on a reference made to it in this behalf or
otherwise, that-
the certificate granted by it under section 9 has been obtained by misrepresentation as to an
essential fact; or
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.
Section 11- Appeal
(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.
Section 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.
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Section 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 officially subordinate to such
authority as the State Government may specify in this behalf.
Section 14- Powers of Seed Inspector
(1) The Seed Inspector may-
take samples of any seed of any notified kind or variety from-
❑ any person selling such seed; or
❑ any person who is in the course of conveying, delivering or preparing to deliver such
seed to a purchaser or a consignee; or
❑ a purchaser or a consignee after delivery of such seed to him;
❑ send such sample for analysis to the Seed Analyst for the area within which such sample
has been taken
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
Seed inspector can 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 exercise such other powers as may be
necessary for carrying out the purposes of this Act or any rule made thereunder.
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 [Link] 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.
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. 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.
Section 15- 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-
1. give notice in writing, then and there, of such intention to the person from whom he
intends to take sample;
2. 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-
1. deliver one sample to the person from whom it has been taken;
2. send in the prescribed manner another sample for analysis to the Seed Analyst for the
area within which such sample has been taken; and
3. 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.
4) Where a Seed Inspector takes any action under clause (c) of sub-section (1) of section 14:
1. 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;
2. 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;
agriguru@[Link] | +91 8590 753 947 agriguru
agriguru
3. 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.
4. 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.
agriguru@[Link] | +91 8590 753 947 agriguru
