👮🏼 Seed Legislation

Seeds Act, Seed (Control) Order, National Seed Programme

The seed is an important agricultural input and it plays vital role in increasing production and productivity. There is a need to safeguard the farmers with the supply of genetically pure and quality seeds. Any new variety produced by the Scientist has to be multiplied many times to meet the needs of the farmers. In order to ensure the availability of quality seeds, Government of India have enacted Seeds Act, 1966 and Seed Rules, 1968.
The Seed (Control) Order, 1983 was promulgated under Essential Commodities Act, 1955 in order to ensure the production, marketing and equal distribution of the seeds.

Seeds Act, 1966

The object of Seed Act is to regulate the quality of certain notified kind / varieties of seeds for sale and for matters connected therewith. The seed act passed by the Indian Parliament in 1966 was designed to create a ‘Climate’ in which the seeds man could operate effectively and to make good quality seed available to cultivators.
Seeds rule under the act were notified in September 1968 and the act was implemented throughout the India in 2nd October, 1969. This act extent to the whole of India and it has 25 sections.

👉🏻 Seed legislation could broadly be divided into two groups: 1. 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. 2. Regulatory legislation
Regulatory Legislation controls the quality of seeds sold in the market including suitable agencies for regulating the seed quality. On quality control basis, the Seeds Act could conveniently be divided into the following: I. 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 II. Seed Certification III. Restriction of Import and Export of Seeds

Seed was declared as an essential commodity under the Essential Commodities Act (1955)
All GM crops will be tested for environment and bio safety before commercial release as per EPA (1986).

Issue of License to Dealers

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 Order. The refusal to grant license shall be accompanied by clear recording of reasons for such refusal.

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.

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.

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.

Was launched to – provide intellectual property protection to new varieties; usher this sector into planned development; protect the interest of farmers and encourage conservation of agro-biodiversity. Import of seeds and planting material. Export of seeds. Promotion of Domestic Seed.
India raise seed export from present level of less than 1% to 10% by 2020.

The Seed Bill was proposed to replace the Seed Act (1966), however, owing to several shortcomings it was not passed. The 2019 draft version tries to overcome the drawbacks of the 2004 Bill.