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Current Category » Principles of Seed Technology

The Seeds (Control) Order, 1983

Government of India
Ministry of Agriculture
(Department of Agriculture and Cooperation)

New Delhi Dated the 30 th December, 1983.

Order:

GSH 932 (E) – In exercise of the powers conferred by section 3 of the Essential commodities Act. 1955 (10 of 1955). The central Government herby makes the following order namely.

Notification:

The following notification of the government of India, Ministry of Civil supplies, dated 24.2.1983.

S.O 140 ( E ) – In exercise of the powers conferred sub-clause (xi) of clause (a) section 2 of the essential commodities Act, 1955 ( 10 of 1955). The central Government herby declare the following seeds used for sowing or planting ( including seedlings and tuber, bulbs, rhizomes, roots, cuttings and all types of graft and other vegetatively propagated material of food crops or cattle fodder) to be essential commodities for the purpose of the said Act, namely.

a) Seeds of food crops and seeds of fruit and vegetables.
b) Seeds of cattle fodder and
c) Jute seeds.

Preliminary:

1. Short Title and Extent:

This order may be called the seeds (control) order, 1983.
It extends to the whole of India.
It shall come into force on the 30 th December of 1983.

2. Definitions:

1. Act means the Essential Commodities Act. 1955 ( 10 of 1955).
2. Controller means a person appointed as Controller of seeds by the Central Government and includes any person empowered by the central Government to exercise all or any functions of the controller under this order.

3. Dealer means a person carrying on the business of selling, exporting or importing seeds, and includes seeds, and includes an agent or a dealer.

4. Export means to take or cause to be taken out from any place in India to a place outside India.

5. Form means a form appended to this order.

6. Import means a form appended to this order.

7. Inspector means to bring or cause to be brought to any place in India from outside India.

8. Registering Authority means a licensing authority appointed under clause.

9. Seeds mean the seeds as defined in the seeds Act. 1966 (54 of 1966).

10. State Government in relation to a union Territory means the Administry thereby whatever designation known.

3. Dealer to Obtain License:

1. No person shall carry on the business of selling exporting or importing seeds at any place except under and in accordance with the terms and conditions of license granted him under this order.

2. Notwithstanding anything contained in sub-clause (1) the state Government may by notification in the Official Gazette, exempt from the provisions of that sub-clause such class of dealers in such areas and subject to such conditions may be specified in the notification.

4. Application for License:

Every person desining to obtain a license for selling, exporting or importing seeds shall make an application in duplicate in form A together with a fee of ruppes fifty for license to the licensing Authority.

5. Grant and Refusal of License:

1. The licensing authority may after making such inquiry as it think. It grant a license in form B to any person who applies for it under clause for provide that a license shall not be issued to a person.

A. Whose earlier license granted under this order is under suspension during the period of such suspension.

B. Whose earlier license granted under this order has been cancelled within a period of one year from the date of such cancellation.

C. Who has been convicted under the essential Commodities Act. 1955 (10 of 1955) or any order issued there under within three years proceeding the date of application.

2. When the licensing authority refuse to grant a license to a person who applies for it under clause 4, the shall record his reasons for doing so.

6. Period of Validity of License :

Every license granted under this order shall unless previously suspended or cancelled remain valid for three years from the dare of its issue.

7. Renewal of License:

1. Every holder of license desiring to renew the license shall before the date of expiry of the license, make an application for renewal in duplicate, to the licensing authority in form C together with a fee of rupees twenty for renewal. On receipt of such application , together with such lee the licensing authority may the license.

2. If any application for renewal is not made before the expiry of the license, but is made within one month from the date of expiry of the license, the license may be renewal on payment of additional fee of rupees twenty- five in addition to the feel for renewal of license.

8. Dealers to Displays Stock and Price List:

Every dealer of seeds shall diaply in his place of business.

A. The opening and closing stocks, on daily basis of different seeds held by him.

B. A list indicating prices of rate of different seeds.

9. Dealers to Give Memorandum to Purchase:

Every dealer shall give a cash or credit memorandum to a purchase of seeds.

10. Power to distribute Seeds:

Where it is considered necessary to do so in public interest the Controller may by an order in writing direct any producer or dealer to sell or distribute any seed in such a manner as may be specified therein.

Enforcement Authority:

11. Appointment of Licensing Authority:

The State Government may after notification in the Official Gazatte appoint such number of persons as it thinks necessary as the inspectors and may in such notification define the local area within each such Inspector shall exercise his justifications.

12. Inspection and Punishment:
 
1. An inspector may with a view to securing compliance with this order-

A. Require any dealer to give any information in his possession with respect to purchase storage and sale of seeds by him.

B. Enter upon and search any premise where any seed is stored or exhibited for sale to ensure compliance with the provisions of this order.

C. Draw samples of seeds meant for sale, export and seeds imported and send the same in accordance with the procedure laid down in Schedule I to a laboratory notified under the Seeds Act. 1966 (54 of 1966) to ensure that the sample conforms to standard of quality claimed.

D. Seize or detain any seed in respect of which he has reason to believe that a contractive of this order has been committed or is being committed.

E. Seize books of accounts or document relating to any seed in respect of which he has to believe that a contravention of this order has been committed or is being committed. 

Provided that the inspector shall give a receipt in respect of the books of accounts or document seized to the person from whom they have been seized.

Provided further that the seized books of accounts or documents shall be returned to the persons from which the same had been seized after copies there of extracts there from as certified by such person have been taken.

2. Subject to the provision of paragraph of sub-clause (1) the provision of section 100 of the code of Criminal procedure 1973 (2 of 1974) relating to search and seized shall so far as may be apply to searches and seizures under this clause.

3. Where any seed is seized by an inspect under this clause, he shall forthwith report the fact of such seizure to a Magistrate where upon the provisions of sections 457 and 458 of the code of criminal procedure 1973 (2 of 1974) shall so far as may be applied to the custody and disposal of such seed.

4. Every person , if so required by an inspector shall be bound to offer all necessary facilities to him for the purpose of enabling him to exercise power under this clause.

13. Time Limit for Analysis:

The laboratory to which a sample has been sent by an inspector for analysis under this order shall analysis the said sample and send the analysis report to the concerned inspector within 60 days from the date of receipt of the sample in the laboratory.

14. Dispensation / Cancelation of Licence:

The licensing authority may after giving the holder of licence an opportunity of being heard suspend or cancel the licence on the following grounds.

A. That the licence had been obtained by misrepresentation as to the material particular or

B. The any of the provision of this order or any condition of licence has been contravened.

15. Appeal:

Any person aggrieved by an order:

A. Refusing to grant amend or renew the licence for sale export or import of seeds.

B. Suspending or cancelling any licence may within sixty days from the date of order, appeal to the authority as the state Government may specify in this behalf and the decision of such authority shall be final provided that an application for appeal shall accompany an appeal feel of rupees fifty.

16. Miscellaneous:

Amendment of Licence:

The licensing authority may on receipt of a request in writing together with a fee of rupees ten from a dealer amend the licence of such dealer.

17. Maintenance of Records and Submission of Returns etc:

Every dealer shall maintain such book accounts and records relating to his business as may be directed by the state Government.

Every dealer shall submit monthly returns relating to his business for the preceding month in form D to the licensing authority by the 5 th day of every month.

Current Category » Principles of Seed Technology