THE SEEDS (CONTROL) ORDER, 1983
Government of India
Ministry of Agriculture
(Department of Agriculture & Cooperation)
New Delhi, dated the 30th 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
Emblem
FORM A
(See clause 4)
FORM OF APPLICATION TO OBTAIN DEALERS
LICENCE
To,
The Registering Authority,
_________________ (Place)
State of/ U.T. of
1. Full name and address of the applicant:
(a) Name and postal address:
(b) Place of business (please give exact address):
(i) for sale
(ii) for storage
2. Is it a proprietary/partnership/Limited Company/Hindu undivided
family concern? Give the Name(s) and address (es) of
proprietor/partner/Manager/Karta.
3. In what capacity this application is made:
(i) Proprietor
(ii) Partner
(iii) Manager
(iv) Karta
4. Was the applicant ever convicted under the Essential Commodities
Act, 1955 (10 of 1955), or any order issued thereunder during the last
three years preceding the date of application? If so, give details.
5. Give the details of seeds to be handled.
S.No. Name of
Seed
6. I/we have deposited the license fee of rupees fifty vide challan
No. ________dated _____in treasury/bank ____
7. Declaration:
(a) I/we declare that the information given above is true to the
best of my/our knowledge and belief and no part thereof is false.
(b) I/we have carefully read the terms and conditions of the license
given in Form B appended to the Seeds (Control) Order, 1983, and agree
to abide by them.
Signature of Applicant
Date: _____________
Place: _____________
Note: (1) Where the business of selling/exporting/importing
seeds is intended to be carried on at more than one place, a separate
license should be obtained for each such place.
For use in the office of Licensing Authority
Date of receipt ________________
Name and designation of officer receiving the
application
Emblem
FORM B
(See clause 5)
LICENCE TO CARRY ON THE BUSINESS OF A DEALER
IN SEEDS
License No. __________ Date: ________
Subject to the provisions of the Seeds (Control) Order, 1983 and to
the terms and conditions of this License Shri/M/s ____________is
hereby granted license to sell, export, import and store for the said
purposes of seeds.
2. The licensee shall carry on the aforesaid business at
________________ (Place for storage and place for sale) __________
(Tehsil or District) _______
Date: ________________
Seal:
Licensing Authority
State of ______________
Terms and conditions of license
(i) The license shall be displayed at a prominent and
conspicuous place in a part of the business premises open to the
public.
(ii) The holder of the license shall comply with the
provisions of the Seeds (Control) Order, 1983 and the notifications
issued thereunder and for the time being in force.
(iii) This license comes into force with immediate effect
and shall be valid unto _____________ unless previously cancelled or
suspended.
(iv) The holder of the license shall from time to time
report to the licensing authority any change in the premises where he
carries on his business of sale, export, import or storage for the
said purposes of seeds.
(v) The licensee shall give every facility to the licensing
authority or any other officer acting under his Authority for the
purpose of inspecting his stock in any shop, depot or godown or other
place/places used by him for the purpose of storage, sale or export of
seeds.
Emblem
FORM C
(See clause 7)
APPLICATION FOR RENEWAL OF LICENCE TO CARRY ON THE
BUSINESS OF A
DEALER IN SEEDS
To,
The Licensing Authority
___________ (Place)
State of/U.T. of
I/We hereby apply for renewal of the License to carry on the
business of dealer in seeds under the name and style of Shri/M/s.
______ The license, desired to be renewed, was granted by the
Licensing Authority for the State of _____ and allotted License No.
____on the ____ day of ______19
Signature of applicant(s)
Full name and address of the applicant(s) ______
Date and Place: ___________
Certified that the License bearing No. __________granted on
_______to carry on the business of a dealer in seeds at the premises
situated _______ is hereby renewed up to _____________, unless
previously cancelled or suspended under the provisions of the Seeds
(Control) Order, 1983.
Date: _____________ Licensing Authority
Renewal No. _______ State of __________
Seal:
Emblem FORM D
(See clause 18)
1. Month and year:
2. Name and designation of Licensee:
|
|
|
|
|
|
|
|
(Quantity in quinatals) |
| Crop/ variety |
Calss of seed |
Opening stock on the first day |
Quantity purchased during the month |
Total quantity Impoted |
Total |
Toatl Qauntity Sold |
Total quantity expoted |
closing stock on the last day of the month |
| 1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
|
|
|
|
|
(3+4+5) |
|
|
6-(7+8) |
Signature of dealer
Name: _______________
Address: _____________
____________________
SCHEDULE I
(See clause 13)
Sealing, Fastening, Dispatch and Analysis of Samples
I. Manner of taking Samples
Samples of any seed for the purpose of analysis shall be taken in a
clean dry container which shall be closed sufficiently tight to
prevent leakage and entrance of moisture and shall be carefully
sealed.
II. Sampling Intensity
Bulk Sampling When sampling seed lots are stored in bulk (heaps,
bins, wagons, etc.), the following sampling intensity should be
regarded as a minimum requirement for obtaining the bulk sample.
(a) upto 500 kilograms at least 5 individual samples except in case
of small lots upto 50 kilograms where a smaller number of samples is
sufficient, not less than, 3 samples need be taken.
(b) 501 to 3,000 kilograms one individual sample for each 300
kilograms, but not less than 5 individual samples.
(c) 3,001 to 20,000 kilograms one individual sample for each 500
kilograms but not less than 10 individual samples.
For seed in bulk the individual samples should be distributed at
random all over the bulk and the samples drawn from varying depths.
Bag sampling For seed lots in bags or other containers the following
sampling intensity should be regarded as a minimum requirement:
(d) upto 5 containers sample each container but always take at least
5 individual samples.
(e) from 6 to 30 containers sample at least one in every three
containers but never less than 5.
(f) 31 containers or more sample at least one in every five
containers but never less than 10.
Unless doubt exists about the homogeneity of a lot, all such primary
samples should be combined to make a composite sample of the lot for
submitting to the seed testing laboratory. If the individual or
primary samples are not sufficiently homogenous, they may be sent to
the laboratory for a heterogeneity test.
III. Containers to be labelled and addressed All containers
containing samples for analysis shall be properly labelled and the
parcels shall be properly addressed. The label on any sample of seed
sent for analysis shall bear-
(a) serial number;
(b) name of the sender with official designation, if any;
(c) name of the person from whom the sample has been taken;
(d) date and place of taking the sample;
(e) kind or variety of the seed for analysis;
(f) nature and quantity of preservative, if any, added to the
sample.
IV. Manner of Packing, Fastening and Scaling the Samples All samples
of seeds sent for analysis shall be packed, fastened and sealed in the
following manner:
(a) The stopper shall first be securely fastened so as to prevent
leakage of the containers in transit.
(b) The container shall then be completely wrapped in fairly strong
thick paper. The ends of the paper shall be neatly folded in and
affixed by means of gum or other adhesive.
(c) The paper cover shall be further secured by means of strong
twine or thread both above and across the container, and the twine or
thread shall then be fastened on the paper cover by means of sealing
wax on which there shall be at least four distinct and clear
impressions of the seal of the sender, of which, one shall be at the
top of the packet, one at the bottom and the other two on the body of
the packet. The knots of the twine or thread shall be covered by means
of sealing wax bearing the impression of the seal of the sender.
