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SEEDS RULES, 1968
G.S.R. 1632, dated 29th August, 19681.-In exercise of the powers conferred by Section 25 of the Seeds Act, 1966 (54 of 1966), the Central Government hereby makes the following rules, namely.-
PART 01 PRELIMINARY
RULE 01: SHORT TITLE
These rules may be called the Seeds Rules, 1968.
RULE 02: DEFINITIONS
-In these rules, unless the context otherwise requires.-
(a)"Act" means the Seeds Act, 1966 (54 of 1966) :
(b)"advertisement" means all representations other than those on the label, disseminated in any manner or by any means relating to seed for the purposes of the Act;
(c) "certification sample" means a sample of seed drawn by a certification agency or by a duly authorised representative of a certification agency established underSec. 8-or recognized under Sec. 18-of the Act;
(d)"certification tag" means a tag or label of certain design to be specified by the certification agency and shall constitute the certificate granted by the certification agency ;
(e) "certified seed" means seed that fulfils all requirements for certification provided by the Act and these rules and to the container of which the certification tag is attached;
(f) "certified seed producer" means a person who grows or distributes certified seed in accordance with the procedure and standards of the certification agency ;
(g)"complete record" means the information which relates to the origin, variety, kind, germination and purity of seed of any notified kind or variety offered for sale, sold or otherwise supplied;
(h)"form" means a form appended to these rules;
(i) "origin' means the State, Union Territory or foreign country where the seed is grown and in case seeds of different origin are blended the label shall show the percentage of seed of each origin;
(j)"processing" means cleaning, drying, treating, grading and other operations which would change the purity and germination of the seed and thus requiring re-testing to determine the quality of the seed, but does not include operations such as packaging and labelling;
(k) "section' means a section of the Act;
(L)'service sample' means a sample submitted to the Central Seed Laboratory or to a State Seed Laboratory for testing, the results to be used as information for seeding, selling or labelling purposes;
(m) "treated" means that the seed has been subjected to an application of a substance or process in such a manner as to reduce, control or repel certain disease, organisms, insects, or any other pests attacking such seeds or seedlings growing there- from and for other purposes.
PART 02 CENTRAL SEED COMMITTEE
RULE 03: FUNCTIONS OF THE CENTRAL SEED COMMITTEE
-In addition to the functions entrusted to the Committee by the Act, the Committee shall -
(a) recommend the rate of fees to be levied for analysis of samples by the Central and State Seed Testing Laboratories and for certification by the certification agencies;
(b) advise the Central or State governments on the suitability of Seed Testing Laboratories;
(c) send its recommendations and other concerning records to the Central Government ;
(d) recommend the procedure and standards for certification, tests and analysis of seeds; and
(e) carry out such other functions as are supplemental, incidental or consequential to any of the functions conferred by the Act or these rules.
RULE 04: TRAVELLING AND DAILY ALLOWANCES PAYABLE TO MEMBERS OF THE COMMITTEE AND ITS SUB-COMMITTEES
,-The members of the committee and its sub-committees shall be entitled to draw travelling and daily allowances as specified below when they are called upon to attend a meeting of the committee or a sub-committee thereof :
(a) An official member of the committee or its sub-committee shall be entitled to draw travelling and daily allowances in accordance with the rules of the Government under which he is for the time being employed and from the same source from which his pay and allowances are drawn ;
(b) A non-official member shall be allowed travelling and daily allowances in accordance with the general orders issued in this behalf by the Central Government from time to time.
PART 03 CENTRAL SEED LABORATORY
RULE 05: FUNCTIONS
-In addition to the functions entrusted to the Central Seed Laboratory by the Act, the Laboratory shall carry out the following functions, namely :-
(a) initiate testing programmes in collaboration with the State Seed Laboratories designed to promote uniformity in test results between all seed laboratories in India ;
(b) collect data continually on the quality of seeds found in the market and make this data available to the Committee; and
(c) carry out such other functions as may be assigned to it by the Central Government from time to time.
PART 04 SEED CERTIFICATION AGENCY
RULE 06: FUNCTIONS OF THE CERTIFICATION AGENCY
-In addition to the functions entrusted to the certification agency by the Act, the Agency shall,-
(a) certify seeds of any notified kinds or varieties :
(b) outline the procedure for submission of applications and for growing, harvesting, processing, storage and labelling of seeds intended for certification till the end to ensure that seed lots finally approved for certification are true to variety and meet prescribed standards for certification under the Act or these rules;
(c) maintain a list of recognised breeders of seeds;
(d) verify, upon receipt of an application for certification that the variety is eligible for certification, that the seed source used for planting was authenticated and the record of purchase is in accordance with these rules and the fees have been paid ;
(e) take sample and inspect seed lots produced under the procedure laid down by the certification agency and have such samples tested to ensure that the seeds conform to the prescribed standards of certification ;
(f) inspect seed processing plants to see that the admixtures of other kinds and varieties are not introduced;
(g) ensure that action at all stages, e. g. field inspection, seed processing plant inspection, analysis of samples taken and issue of certificates (including tags, marks labels and seals) is taken expeditiously ;
(h) carry out educational programmes designed to promote the use of certified seed including a publication listing certified seed growers and sources of certified seed;
(i) grant certificates (including tags, labels, seals, etc.) in accordance with the provisions of the Act and these rules;
(j) maintain such records as may be necessary to verify that seed plants for the production of certified seed were eligible for such planting under these rules ;
(k) inspect fields to ensure that the minimum standards for isolation, roguing (where applicable) use of male sterility (where applicable) and similar factors are maintained at all times, as well as ensure that seed borne diseases are not present in the field to a greater extent than those provided in the standards for certification.
PART 05 MARKING OR LABELLING
RULE 07: RESPONSIBILITY FOR MARKING OR LABELLING
-When seed of a notified kind or variety is offered for sale under Sec. 7-, each container shall be marked or labelled in the manner hereinafter specified. The person whose name appears on the mark or label shall be responsible for the accuracy of the information required to appear on the mark or label so long as seed is contained in the unopened original container:
Provided, however, that such person shall not be responsible for the accuracy of the statement appearing on the mark or label if the seed is removed from the original unopened container, or he shall not be responsible for the accuracy of the germination statement beyond the date of validity indicated on the mark or label.
RULE 08: CONTENTS OF THE MARK OR LABEL
-There shall be specified on every mark or label.-
(i) particulars, as specified by the Central Government under Cl. (b) ofSec. 6-of the Act;
(ii) a correct statement of the net content in terms of weight and expressed in metric system ;
(iii) date of testing ;
(iv) if the seed in container has been treated,-
(a) a statement indicating that the seed has been treated ;
(b) the commonly accepted chemical or abbreviated chemical (generic) name of the applied substance and
(c) if the substance of the chemical used for treatment, and present with the seed is harmful to human beings or other vertebrate animals, a caution statement such as "Do not use for food, feed or oil purposes." the caution for mercurials and similarly toxic substance shall be the word "Poison" which shall be in type size. Prominently displayed on the label in red ;
(v) the name and address of the person who offers for sale, sells or otherwise supplies the seed and who is responsible for its quality.
(vi) the name of the seed as notified under Sec. 5-of the Act.
RULE 09: MANNER OF MARKING OR LABELLING THE CONTAINER UNDER CL. (C) OF SECTION 7-AND CL. (B) OF SECTION 17-
(1) The mark or label containing the particulars of the seed as specified under Cl. (b) of Section 6-shall appear on each container of seed or on a tag or mark or label attached to the container in a conspicuous place on the innermost container in which the seed is packed and on every other covering in which that container is packed and shall be legible.
(2) Any transparent cover or any wrapper, case or other covering used solely for the purpose of packing of transport or delivery need not be marked or labelled.
(3) Where by a provision of these rules, any particulars are required to be displayed on a label on the container, such particulars may, instead of being displayed on a label be etched, painted or otherwise indelibly marked on the container.
RULE 10: MARK OR LABEL NOT TO CONTAIN FALSE OR MISLEADING STATEMENT
,-The mark or label shall not contain any statement, claim, design, device, fancy name or abbreviation which is false or misleading in any particular concerning the seed contained in the container.
RULE 11: MARK OR LABEL NOT TO CONTAIN REFERENCE TO THE ACT OR RULES CONTRADICTORY TO REQUIRED PARTICULARS
-The mark or label shall not contain any reference to the Act, or any of these rules or any comment on, or reference to, or explanation of any particulars or declaration required by the Act or any of these rules which directly or by implication contradicts, qualifies or modifies such particulars or declaration.
RULE 12: DENIAL OF RESPONSIBILITY FOR MARK OR LABEL CONTENT PROHIBITED
- Nothing shall appear on the mark or label or in any advertisement pertaining to any seed of any notified kind or variety which shall deny responsibility for the statement required by or under the Act to appear on such mark, label or advertisement.
PART 06 REQUIREMENTS
RULE 13: REQUIREMENTS TO BE COMPLIED WITH BY A PERSON CARRYING ON THE BUSINESS REFERRED TO IN SECTION 7.
(1) No person shall sell, keep for sale, offer to sell, barter or otherwise supply any seed of any notified kind or variety, after the date recorded on the container, mark or label as the date up to which the seed may be expected to retain the germination not less than that prescribed under Cl. (a) of Section 6-of the Act.
(2) No person shall alter, obliterate or deface any mark or label attached to the container of any seed.
(3) Every person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of notified kind or variety under Section 7-, shall keep over a period of three years a complete record of each lot of seed sold except that any seed sample may be discarded one year after the entire lot represented by such sample has been disposed of. The sample of seed kept as part of the complete record shall be as large as the size notified in the Official Gazette. This sample, if required to be tested, shall be tested only for determining the purity.
RULE 14: CLASSES AND SOURCES OF CERTIFIED SEED
(1) There shall be three classes of certified seed, namely, foundation, registered and certified, and each class shall meet the following standards for that class,-
(a) foundation seed shall be the progeny of breeder's seed, or be produced from foundation seed which can be clearly traced to breeder's seed. Production shall be supervised and approved by a seed certification agency and be so handled as to maintain specific genetic purity and identity and shall be required to meet certification standards for the crop being certified ;
(b) registered seed shall be the progeny of foundation seed that is so handled as to maintain its genetic identity and purity according to standard specified for the particular crop being certified ;
(c) certified seed shall be the progency of registered or foundation seed that is so handled to maintain genetic identity and purity according to standards specified for the particular crop being certified.
(2) At the discretion of the certification agency (when considered necessary to maintain adequate seed supplies) certified seed may be the progency of certified seed provided this reproduction may not exceed three generations and provided further that it is determined by the seed certification agency, that the genetic purity will not be significantly altered.
PART 07: CERTIFICATION OF SEEDS
RULE 15: APPLICATION FOR THE GRANT OF A CERTIFICATE
-Every application for the grant of a certificate under sub-section (1) ofSection 9-shall be made in Form I in accordance with the procedure outlined by the certification agency for submission of applications and contain the following particulars, namely,-
(a) the name, profession, and place of residence of the applicant ;
(b) the name of the seed to be certified ; its notified kind or variety ;
(c) class of the seed ;
(d) source of the seed ;
(e) limits of germination and purity of the seed ;
(f) mark or label of the seed.
RULE 16: FEES
-Every application under sub-section (1) of Section 9-shall be accompanied by a fee of Rs. 25 in cash.
RULE 17: CERTIFICATE
-Every certificate granted under sub-section (3) of Section 9-shall be in Form II and shall be granted by the certification agency, after making enquiries and satisfying itself in accordance with the provisions of the said sub-section on the following conditions, for the period to be specified by the certification agency, namely :-
(i) The person to whom the certificate is granted under sub- section (3) of Section 9-shall attach a certification tag to every container of the certified seed and shall follow the provisions in respect of marking or labelling provided by or under the Act;
(ii) The certification tag shall contain the following particulars, namely:-
(a) name and address of the certification agency ;
(b) kind and variety of the seed ;
(c) lot number or other mark of the seed ;
(d) name and address of the certified seed producer ;
(e) date of issue of the certificate and of its validity ;
(f) an appropriate sign to designate certified seed ;
(g)an appropriate word denoting the class designation of the seed.
(iii) The colour of the certification tag shall be white for foundation seed, purple for registered seed and blue for certified seed;
(iv) The container of the certified seed shall cany a seal of such material and in such form as the certification agency may determine and no container carrying a certification tag shall be sold by the person if the tag or seal has either been tampered with or removed.
(v) The certification tag on the container shall specify,-
(a) the period during which the seed shall be used for sowing or planting ;
(b) that the use of seed after the expiry of the validity period by any person is entirely at his risk and the holder of the certificate shall not be responsible for any damage to the buyer of the seed ;
(c) that on one should purchase the seed if the seal or the certification tag has been tampered with.
(vi)The holder of the certificate shall keep record of the details of each lot of the seed which is issued for sale in such form as to be available for inspection and to be easily identified by reference to the number of the lot as shown in the certification tag of each container and such records shall be retained in the case of a seed for which expiry date is fixed for a period of two years from the expiry of such date ;
(vii) The holder of the certificate shall allow any Seed Inspector, authorised in writing by the certification agency in that behalf, to enter with or without prior notice the premises where the seeds are grown, processed and sold and to inspect premises, plant and the process of processing at all reasonable hours :
(viii) The holder of the certificate shall allow the Seed Inspector, authorised in writing by the certification agency, to inspect all registers and records maintained under these rules and to take samples of the seeds and shall supply to the Seed Inspector such information as he may require for the purposes of ascertaining whether the conditions subject to which the certificate has been granted, have been complied with ;
(ix) The holder of the certificate shall on request furnish to the certification agency from every lot of the seed or from such lot or lots as the said agency may from time to time specify, a sample of such quantity as the agency may consider adequate for any examination required to be made ;
(x) If the certification agency so directs, the holder of the certificate shall not sell or offer for sale any lot in respect of which a sample is furnished under the preceding clause until the agency authorises the sale of such lot.
(xi) The holder of the certificate shall on being directed by the certification agency that any part of a lot has been found by the said agency not to conform to prescribed standards of quality or purity specified by or under the Act, withdraw the remainder of that lot from sale and so far as may, in the particular circumstances of the case, be practical, recall all issues already made from that lot;
(xii) The holder of the certificate shall comply with the provisions of the Act and these rules and with the directions given after not less than one month's notice by the certification agency to such holder.
RULE 17A:
The Certification agency shall, before granting the certificate, ensure that the seed conforms to the standards laid down in the Manual known as "Indian Minimum Seed Certification Standards" published by the Central Seed Committee, as amended from time to time.]
PART 08 APPEALS
RULE 18: THE FORM AND MANNER IN WHICH AND THE FEE ON PAYMENT OF WHICH THE APPEAL MAY BE REFERRED
-
(1) Every memorandum of appeal under sub-section (1) of Section 11-shall be in writing and shall be accompanied by a copy of the decision of the certification agency against which it has been preferred and shall set forth concisely and under distinct heads the grounds of objection to such decision without any argument, or narrative.
(2) Every such memorandum of appeal shall be accompanied by a treasury receipt for a sum of Rs. 100/-.
(3) Every such memorandum of appeal may be presented either in person or through an agent duly authorised in writing in this behalf by the appellant or may be sent by the registered post.
RULE 19: PROCEDURE TO BE FOLLOWED BY THE APPELLATE AUTHORITY
- In deciding appeals under the Act the appellate authority 1[ * *] shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original Court under the Code of Civil Procedure, 1908 (5 of 1908).
PART 09 SEED ANALYSTS AND SEED INSPECTORS
RULE 20: QUALIFICATIONS OF SEED ANALYSTS
-A person shall not be qualified for appointment as Seed Analyst unless he,-
(i) possesses a Master's or equivalent degree in Agriculture or Agronomy or Botany or Horticulture of a University recognised for this purpose by the Government and has had not less than one year's experience in seed technology ; or
(ii) possesses a Bachelor's degree in Agriculture or Botany of a University recognised for this purpose by the Government and has had not less than three years experience in seed technology.
RULE 21: DUTIES OF A SEED ANALYST
-On receipt of a sample for analysis the Seed Analyst shall first ascertain that the mark and the seal or fastening as provided in Cl. (b) of sub-section (1) of Section 15-are intact and shall note the condition of the seals thereon.
2[(2) The Seed Analyst shall analyse the samples in accordance with the procedures laid down in the Seed Testing Manual published by the Indian Council of Agricultural Research as amended from time to time.
(3) The Seed Analyst shall deliver in Form VII, a copy of the report of the result of analysis to the persons specified in sub-section (1) of Section 16-, as soon as may be but not later than 30 days from the date of receipt of samples sent by the Seed Inspector under sub-section (2) of the Section 15-
(4) The Seed Analyst shall from time to time forward to the State Government the reports giving the result of analytical work done by him.
RULE 22: QUALIFICATIONS OF
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