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09seedact-171209171909 Flipbook PDF
09seedact-171209171909
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Indian Seed Act 1966
Assignment Subject : GPB811 Plant Genetics Resources and their Utilization Presented by : Mr. Indranil Bhattacharjee Student I.D. No.: 17PHGPB102
Sam Higginbottom University of Agriculture, Technology & Sciences Allahabad-211007
Why Seed Regulation and Legislation is required?????
For whom Seed Regulation and Legislation is required?????
To ensure a healthy monopoly free seed supply chain Seed Regulation and Legislation is required !!!!!!!!
For ensuring Safeguards and Checks / Balance at every stage Seed Regulation and Legislation is required
Stake holders differ, so are their needs and expectations…… Seed Regulation and Legislation provide a level playing field
Stakes are High,,,,,,,,,,,,,,,
Risks are Plenty, So are the returns******
Moving towards a solution……………….. Through proper Seed Regulations and Legislations
Indian Seed Act 1966 The parliament had passed to Seeds Act 1966 to provide legal framework around seed certification and make good quality seeds available to the cultivators. Under this act Seed rules were framed and notified in1968 and systematic Seed Certification started in India in 1969. This act provided for establishment of a Central Seed Committee to advise the states in seed related matters. It also provided for establishment of Seed Certification Agencies in the states; Seed certification Boards and State Seed Testing Laboratories. To meet with the current requirements, the bill needed to be amended. A new bill was introduced in 2004 (Seed Bill 2004) but so far that bill has not seen the light of the day. The Government is now proposing to introduce a fresh seed act amendment bill.
The Seeds Act 1966 has total 25 clauses which are summarized below: 1.This act applies to whole of India including Jammu & Kashmir. 2.It covers seeds of food crops, oil crops, cotton seeds, seeds of cattle fodder and all types of vegetative propagating material. 3.It provides for establishment of a Central Seed Committee (comprising eight members) to advise the Central and State Governments on matters arising out of the administration of this act and carry out other functions assigned to it by the Act 4.It provides establishing a Central Seed Laboratory as well as State Seed Laboratory to carry out seed analysis of notified variety
5.It empowers the Central Seed Committee to notify any variety found suitable as per the Act after notification in the Official Gazette 6.It empowers the committee to fix the minimum limits of germination and purity of seed for a variety to be notified as well as for marking or labelling a seed lot to be sold commercially 7.Regulation of sale of seeds of notified varieties by compulsory truthful labeling revealing the true identity of the variety, germination as well as purity 8.Constituting a certification agency for undertaking the process of certification
9.Power of certification agency to recommend notification of suitable variety and grant of notification certificate provided the seed meets minimum limits of germination and purity. 10.Empowerment to the agency for revocation of certificate if the agency is convinced that holder has obtained certificate by misrepresentation or not complied with the conditions 11.Provision for an appeal by the holder on payment basis to express before an appellate in India authority, his limitations for not complying with the conditions 12.Appointment of a seed analyst to undertake seed testing. 13..Appointment of seed inspector who is deemed to be a public servant within the meaning or section 21 of the Indian Penal Code (45 of 1860)
14.Empowerment of seed inspector to draw samples from any seller or a purchaser and verify the quality by sending samples to a seed analyst in the seed testing laboratory 15.Laying-out of procedure for seed sample collection and other rules. The clause also entrust inspector with the power to break open any seed container or door of any premises where such seed may be kept for sale, under those circumstances when owner refuses to cooperate. The whole operation has to be done in presence of two witnesses with their signatures on a memorandum 16.Responsibility of Seed analyst to report the results in a specified format after analysis of the seed samples to Seed Inspector as well as the seller/ purchaser. Complainant if dissatisfied with the result can apply to the court for sending samples to Central Seed Testing Laboratory. Central seed laboratory shall thereupon send its report to the court in the prescribed format within one month from the date of receipt of the sample.
17.Restriction on import and export of seeds of notified varieties. Any variety imported or exported should meet the minimum limits of seed germination and purity marked or labeled on the container truly 18.Recognition of seed certification agencies of foreign countries for the purpose of this act. 19.Penalty or punishment or both for those who do not comply with the provisions of the act and also prevent seed inspectors from executing his power 20.Forfeiture of property (seeds) belonging to any person convicted under this act due to contravention of the procedures under this act
21.Punishment for offences committed by companies or anybody corporate. All who was in-charge of, when the time the offence was committed and was responsible to the company shall be deemed to be guilty of the offence and punished accordingly 22.Protection of Government action taken in good faith that is no prosecution or legal proceeding will lie against Government or any Government Officer for anything that is done in good faith 23.Power for Government to give directions for smooth conduct of the act 24. Non-application of the act to the seed exchange by the farmers without any brand name 24.Power of Government to make rules to carry out various functions of Central Seed Committee, Central Seed Laboratory, Certification Agency and Seed Inspectors
Key features of the Seed Bill, 2004 Registration and certification 1. The bill proposes to establish Central Seed Committee and sub committees. Any type of seed which is for sale has to be registered with Registration subcommittee. The registration is valid for 18 years for long duration perennial crops and for 15 years for annual/biennial crops 2. All registered seed has to meet the minimum standard with respect to the proportion of seed that must germinate, the level of physical and genetic purity and the permitted proportion of diseased seeds. 3. A verity of seed containing any technology considered harmful or potentially harmful to environment and ecology shall not be registered. These transgenic seeds can only be registered after the applicant has obtained clearance from Environment (Protection) Act, 1986. 4. Every seed producer and dealer, and horticulture nursery has to be registered with state government.
This Bill ensures a level playing field
Rights of farmers The bill protects the rights of farmer to use, sell, share, exchange or save his farm
seeds and planting material. However, farmer cannot sell his seed under a brand name, also seeds must meet the minimum standard mentioned above. If the seeds fail to perform to expected standard than farmer can claim compensation from the vendor or dealer under the Consumer Protection Act, 1986.
Import and Export Import of seed would be subject to Plant Quarantine order, 2003 or any corresponding order under Destructive Insect and Pest Act, 1914. Such seeds should also conform to the minimum standard mentioned above. The government can restrict export of seed if it feels food security of India is affected.
Current Scenario of Seed & PGRFA Sector Currently, agriculture is growing at the rate of 1.2% much lower than the GDP growth rate of approximately 7.5. The proposed Seed Bill is expected to give a boost to the agriculture sector. The passage of this bill is quintessential for the government to fulfil its commitment of doubling farmer’s income. The bill is important as it will bring competition among players in the sector and promote healthy crops. The bill seeks to update Seeds Act, 1966 in order to address change in technology and structure of seed sector.
Key Issues with this Seed Bill This bill should be seen in the context of Seed Act 1966 and the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR). PPVFR Act set up a framework to protect the intellectual property rights of breeder and on the other hand safeguarding the rights of farmers. The seed sold by farmers has to conform to the minimum standards. This provision could be difficult to implement. Physical infrastructure would be required to test these standards. Such testing would increase the cost of seeds. Whereas in PPVFR act there is only one requirement that farmers cannot sell branded seeds which is easier to implement.
Key Issues with this Seed Bill Farmers have to approach consumer court in order to claim compensation. This in contradiction with PPVFR act which permits farmers to claim compensation through the Authority established under this act. Because of the various factors that affect the performance of crops like climate, fertilizers, water etc. It would be difficult to prove that underperformance of crop was on account of the poor quality of seeds. The bill does not provide for the mechanism to trace back the packet of seed to the vendor or dealer. There is no specification of the quality assurance systems. Self-certification may lead to false declaration by companies. To prevent this, only government agency should be allowed to conduct trials and grant certificates.
Suggestions
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Current Status The bill was revived in 2014 after a decade but was again put on hold in 2015 after the backlash against the provisions relating to genetically modified (GM) seeds. This bill if passed has the potential to boost the agricultural growth. Recently NITI aayog advocated for massive research in the field of improving seeds verities including GM ones.