Indian Parliamentary Research Service Legislative Summaries

Bill Summary

The Seeds Bill, 2004

· The Seeds Bill, 2004 was introduced in the Rajya Sabha on December 9, 2004.  The Bill was referred to the Department-related Parliamentary Standing Committee on Agriculture (Chairperson: Prof Ram Gopal Yadav).

· The Bill seeks to (a) repeal the Seeds Act, 1966; (b) establish the Central Seed Committee; and (c) maintain a National Register of Seeds for all varieties of seed.

· The Central Seed Committee

- Would consist of a Chairperson, seven ex officio members and thirteen members nominated by the Central Government;

- Would advise the Central and State Government on matters related to seed programming and planning, seed development and production, export and import of seeds, standards for registration, certification and seed testing, and seed registration and its enforcement;

- May specify the minimum limits of germination, genetic and physical purity, and maximum seed health of any variety of seed.  The Committee can also specify the label on the container to indicate that a seed conforms to minimum standards.

· A Registration Sub-Committee would register the varieties of seeds after scrutinizing their claims in the prescribed manner.  No seed of any kind can be sold unless it has been registered by the Sub-Committee.  The main powers and functions of the Registration Sub-Committee are as follows:

- Maintain a National Register of Seeds in order to register all kinds of seeds and publish the list of seeds registered under it at appropriate intervals;

- Issue directions to protect the interest of a producer against any abusive act committed by any third party during the period between the date of filing an application for registration and the date of the Committee’s decision on the application;

- Register a seed on such conditions as may be specified after satisfying itself that the variety of seed conforms to the claims made by the importer or seller, as regards the efficacy of the variety and its safety to human beings and animals.  No transgenic variety of seed would be registered unless the applicant has obtained clearance under the provisions of the Environment (Protection) Act, 1986;

- Cancel the registration of any seed if the holder of certificate has violated any terms of the registration, if the registration has been obtained by misrepresenting or concealing essential data, if the variety of seed is not performing according to the claims of the producer etc.

· Every seed producer and seed dealer has to be registered with the State Government.  Every seed processing unit and horticulture nursery also has to be registered with the State Government.

· A person cannot sell, keep for sale, offer to sell, barter, import or export or otherwise supply seed of any registered variety unless the variety is identifiable, conforms to the minimum prescribed limit of germination, physical purity and maximum seed health.

· A person aggrieved by the decision of the Registration Sub-Committee or the State Seed Certification Agency can make an appeal to such authority as constituted by the Central Government.  The appellate authority may consist of a single person or three persons, as decided by the Central Government.

· The Central and State Seed Testing Laboratories, established by the Central and State Government respectively, would analyse all varieties of seed.  The State Government would appoint a Seed Inspector to take samples of seeds, send for analysis, and exercise such powers as necessary to enforce the Act.

· Import of seeds, along with conforming to prescribed standards under the Act, would be subject to the Plant Quarantine (Regulation of Import into India) Order, 2003 or any corresponding order under the Destructive Insects and Pests Act, 1914.

· Any person who contravenes any provisions of the Act or imports, sells or stocks seeds deemed to be misbranded or not registered, can be punishable by a fine of not less than Rs 5,000 which may extend to Rs 25,000.  The penalty for giving false information is a prison term which may extend to six months or a fine which may extend to Rs 50,000 or both. 

Kaushiki Sanyal

kaushiki@prsindia.org

April 4, 2006

Parliamentary Research Service n Centre for Policy Research n Dharma Marg n Chanakyapuri n New Delhi – 110021

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