Seeds Division

THE SEEDS (CONTROL) ORDER, 1983

THE SEEDS (CONTROL) ORDER, 1983
Government of India
Ministry of Agriculture
(Department of Agriculture & Cooperation)

New Delhi, dated the 30^th Dec., 1983

ORDER

GSR 932 (E) In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the following order, namely:-

1. Short title and extent:

(i) This Order may be called the Seeds (Control) Order, 1983.

(ii) It extends to the whole of India.

(iii) It shall come into force on the 30^th December 1983.

2. Definitions:

In this Order, unless the context otherwise requires,

(a) Act means the Essential Commodities Act, 1955 (10 of 1955).

(b) 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;

(c) Dealer means a person carrying on the business of selling, exporting or importing seeds, and includes an agent of a dealer;

(d) Export means to take or cause to be taken out from any place in India to a place outside India;

(e) Form means a form appended to this Order;

(f) Import means to bring or cause to be brought to any place in India from outside India;

(g) Inspector means an inspector of seeds appointed under clause 12;

(h) Registering authority means a licensing authority appointed under clause 11;

(i) Seeds means the seeds as defined in the Seeds Act, 1966 (54 of 1966).

(j) State Government in relation to a Union Territory means the Administrator thereof by whatever designation known.

DEALER IN SEEDS TO BE LICENSED

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 to 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 as may be specified in the notification.

4. Application for license :

Every person desiring to obtain a license for selling, exporting or importing seeds shall make an application in duplicate in Form A together with a fee of rupees fifty for license to licensing authority.

5. Grant and refusal of license :

(1) The licensing authority may, after making such enquiry as it thinks fit, grant a license in Form B to any person who applies for it under clause 4:

Provided 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 thereunder within three years preceding the date of application.

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

6. Period of validity of license:

Every license under this Order, shall, unless previously suspended or cancelled, remain valid for three years from the date 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 fee, the licensing authority may renew 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 renewed on payment of additional fee of rupees twenty five, in addition to the fee for renewal of license.



8. Dealers to display stock and price list :

Every dealer of seeds shall display 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 or rates of different seeds.

9. Dealers to give memorandum to purchaser :

Every dealer shall give a cash or credit memorandum to a purchaser 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 manner as may be specified therein.

ENFORCEMENT AUTHORITY :

11. Appointment of licensing authority :

The State Government may by notification in the Official Gazette appoint such number of persons as it thinks necessary to be licensing authority and may also define in that notification the area within which each such licensing authority shall exercise his jurisdiction.

12. Appointment of Inspectors :

The State Government may by notification in the Official Gazette appoint such number of persons as it thinks necessary to be inspectors and may in such notification define the local area within which each such Inspector shall exercise his jurisdiction.

13. 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 premises 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 contravention of this Order has been committed or is being committed;

(e) seize any books of accounts or document relating to any seed in respect of which he has reason 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 documents 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 person from whom the same had been seized after copies thereof or extracts therefrom as certified by such person have been taken.

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

(3) Where any seed is seized by an Inspector 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, apply 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 his power under this clause.

14. Time limit for analysis :

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

15. Suspension/Cancellation of license :

The licensing authority may, after giving the holder of the license an opportunity of being heard, suspend or cancel the license on the following grounds, namely:-

(a) that the license had been obtained by misrepresentation as to a material particular; or

(b) that any of the provisions of this Order or any condition of license has been contravened.

16. Appeal :

Any person aggrieved by an order-

(a) Refusing to grant, amend or renew the license for sale, export or import of seeds;

(b) Suspending or canceling any license, may within sixty days from the date of the order, appeal of such 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 fee of rupees fifty.

MISCELLANEOUS:

17. Amendment of license:

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

18. Maintenance of records and submission of returns, etc. :

(1) Every dealer shall maintain such books, the State Government may direct accounts and records relating to his business as.

(2) Every dealer shall submit monthly return relating to his business for the preceding month in Form C to the licensing authority by the 5^th day of every month.

Sd/-
R.K. Srivastava
Joint Secretary to the Govt. of India