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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 30th 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.
(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.
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.
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 5th day of every month.
Sd/-
R.K. Srivastava
Joint Secretary to the Govt. of India
(See clause 4)
The Registering Authority,
_________________ (Place)
State of/ U.T. of
(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.
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
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.
Name and designation of officer receiving the application
2.
The licensee shall carry on the aforesaid business at
_______________________ (Place for storage and place for sale)
_______________________ (Tehsil or District) ____________________
Seal:
(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.
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)
Date and Place:
_____________________________________________________
Date:
________________
Licensing Authority
Renewal No.
__________
State of ______________
Seal:
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)
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.
Bag
sampling – For seed lots in bags or other containers the
following sampling intensity should be regarded as a minimum
requirement:
(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.
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.
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