The Seeds Bill, 2004
The seed quality regime in India is governed by the Seeds Act, 1966, the Seeds
Rules, 1968 and the Seeds (Control) Order, 1983 (issued in exercise of powers under the
Essential Commodities Act, 1955). In addition to these legal instruments, various
guidelines and policy parameters have been laid down in the National Seeds Policy, 2002
and the New Policy on Seed Development, 1988. During the last four decades seed
production technologies have changed and new technologies like transgenics, tissue
culture, soil-less agriculture etc. have emerged. There is greater emphasis on seed quality
assurance particularly to safeguard the interest of the farmers. The economy has been
substantially liberalised and the private sector is playing an increasing role in various
spheres including agriculture. In the liberalized and changed environment, India is
increasingly engaging in the import and export of seeds and planting materials. The
above necessitates up-gradation of seed production, quality and regulatory standards.
Therefore, a need has arisen for up-scaling the seed quality regime by enacting a new
legislation. Moreover, the following deficiencies have been noted in the existing Seeds
Act:-
Registration of seed variety not compulsory.
Non-notified varieties are not covered.
Commercial crops and plantation crops are not covered.
Certification only through State Seed Certification Agencies.
No provision for regulation of transgenic materials.
Penalties for infringement are very mild.
Based on the changes that have taken place in the seed sector since 1966, the
existing Seeds Act, 1966 is proposed to be replaced by a suitable legislation.
Accordingly, the Seeds Bill, 2004 was drafted in consultation with the various
stakeholders and introduced in the Rajya Sabha. The salient features of the Seeds Bill,
2004 is as follows:-
i. Compulsory registration of varieties. No person will be allowed to carry on
the business of selling or supplying any seed which is not of a registered
kind/variety. Farmers are to be exempted from compulsory registration.
Registration will be for a fixed period but can be pre-maturely cancelled for
stated reasons.
ii. Enhancement of penalties is proposed from Rs.500 / Rs.1000 with or
without imprisonment in the Seeds Act 1966 to Rs.25,000/ Rs.5,00,000 with
or without imprisonment.
iii. Provision for labeling of expected performance of seeds has been included
so that the farmers are assured of quality of seeds purchased by them.
iv. Provision for compensation to the farmer in case of seed failure has been
made.
v. The Bill proposes to emphasise the rights of the Farmers in conformity with
the Protection of Plant Varieties and Farmers’ Rights Act, (PPV & FR Act)
2001. The farmer will have the right to grow, sow, re-sow, save, use,
exchange, share or sell his farm seeds and planting materials except when he
sells such seed or planting material under a brand name.
vi. The Government will have the right to exclude certain kind or variety of
seeds from registration to protect public order or public morality or human,
animal and plant health or to avoid serious prejudice to the environment.
vii. Seed health has been added as an additional standard for quality seed.
viii. Provisions to regulate import and export of seeds have been largely
incorporated into the Seeds Bill itself as given below:-
a. All import of seed shall be subject to Plant Quarantine (Regulation of
Import into India) Order, 2003 and other relevant Acts.
b. All imported seeds shall conform to minimum standards of seed health
in addition to other conditions already in existence.
c. All imported seeds shall be subject to registration on the basis of
information furnished by the importer on the basis of multi-location
trials.
d. Exports can be restricted if such exports adversely affect the food
security of the country.
ii. GURT (Restriction technology including terminator technology) has
been prohibited. Any person intending to import seed or planting material
will declare that such material is, or is not, as the case may be a product of
transgenic manipulation or involves Genetic Use Restriction Technology.
