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THE SEEDS RULES 1968

rules · 1966 · State unknown

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Parent: THE SEEDS ACT, 1966 (9b50aff01b5df09318cb4a9d9210b8bc3a8cc01f)

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THE SEEDS RULES 1968 PART I-Preliminary 1 _ Shert title _These rules may bc called the Seeds Rules, 1968. 2_ Definitions ~In these rules, unless the context otherwise requires, (a) "Act" mcans the Seeds Act; 1966 (54 of 1966); (b) "advertisement" mcans all representations other than those on the labcl, disseminated in any manncr or by any mcans relating to secd fr thc purposes ofthc Act; (c) "certification sample" means a sample of sccd drawn by a certification agency or by a duly authorised rcpresentativc of a ccrtification agency established under section & or recognized under section 18 of the Act; "certification tag" mcans a tag or labcl of certain design to be specified by the certi- fication agcncy and shall constitute the certificate granted by the certification agency; (e) ~ccrtificd sccd" means seed that fulfils all requirements for ccrtification provided by the Act and these rules and to the container of which the certifcation tag is attachcd; "ccrtified secd producer' mcans & person who grows or distributes certificd seed in accordancc with the proccdure and standards of the ccrtification agcncy; (g) "complete record" mcans thc 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) "for means a {orm zppended to these nules; (j) ~origin" mcans the State, Union Territory or foreign country where the seed is grown and in case Sccds of different origin are blended the label shall show the percentage of sced of cach origin; U) "processing" mcans clcaning; drying, treating; grading and other operations which would change the purity and germination of thc sced and thus rcquiring re-testing to detemmine thc quality of the seed, but does not include operat

Rule TOC

1 · _ Shert title _These rules may bc called the Seeds Rules, 1968.
7 · Responsibility for Marking or Labelling; When secd of & notified kind or variety is offered for sale under Section 7, each container shall bc marked or labelled in the manner herein- after specified, The person whosc name aPpcars on the mark or labcl shall be responsible [or the accuracy ofthe information required t0 appear On the mark or labcl so long as seed is contained in the unopcned original containcr: Provided, however, that such person shall not be responsible for the accuracy of the state- ment appearing On the mark or label if the secd is removed from the original unopened containe! or he shall not be responsible for the 1ccuracy of thc ecrmination statement bcyond the date of validity indicatcd on the mark Or label: 8 Contents of the mark or lebel There shall be specilied on every mark orlabel- (i) particulars, #5 spccified by the Central Government under clause (b) of section 6 of the Act: (ii) 3 correct statemeni ofthe net content in {CTIIS 0f weight anr ~xpressed in metric system; (iif) date of testing;
15 · Application for the Grant o 4 Certifcate _Every epplication for thc grant ofacertificate uoder sub-section (1) of section 9 shall be madc in Form [in accordance with the procrdure out- lined by thc' certification agency for ,submission of applications and contain the following particulars, namely: _ (a) the namc, profcssion, and placc of residence of the applicant; (D) thc namc Of the sced to be certified: its notified kind or variety; (c) class of thc seed; (d) sourcc of thc sced; (e) limits of germination and purity of thc seed; (f) mark or label of thc sced 16. Fees ~Every application under sb-section (1) of section 9 shall be accompanied by & fce of Rs, 25 in cash
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 specificd by the certification agency, namely: _ (i) The person to whom the certificate is granted under sub-scction (3) of section 9 shall attach a ccrtification tag to cvcry containcr of thc certified sced and shall follow the provisions in respect of marking or labelling provided by Or under the Act (ii) The certification tag shall contzin thc following particulars, namely: _ (4) namc and address of thc certification agcncy; (6) kind and variety o the secd; (c) lot number Or Other mark of the secd; (d) name and address of thc ccrtificd sccd producer; () date ol issuc of the ccrtificatc and of its validity; (0) an appropriate sign to designate certified sced; (g) an appropriate word denoting the ciass designation of the secd, (iii) Thc colour of the certification ta8 = shall be white for foundation cecd, purple for registered sccd and bluc for certified secd: (iv) The container of the certified sced shall carry a seal or such material and in such form 25 the certification agency may dctcrminc and no container carrying a ccrtification tag shall bc sold by thc person if the tag or seal has cither bcen tampered with Or removed The certification tag on the container shall specily _ (a) the period during which the sced shall bc used for sowing or planting; (6) that thc use of sced after the expiry of thc validity period by any person is cntirely at his risk and the holder of the certificate shall not bc responsible [or any damage to thc buycr of thc sccd; (c} that no one should purchase the sced if the scal or thc certification tag has bccn tampered with: (vi) The holder 0f thc certificatc shall kccp record of the details of each lot of thc sced which is issued for sale in such form a5 t0 bc availablc for inspection and to be easily identifed by refcrence to thc number of the lot as shown in the certification t2g of cach container ard such records shall be retaincd in the case Of a sced for which expiry datc is fixed for 2 pcriod of two ycars from the expiry of such date: (vii) The holdcr of the certificale shall allow any Sccd Inspector, authoriscd in writing by the certification agency in that behalf, to enler with Or without prior notice thc premises where the sceds are grown proccsscd and sold and to inspect premises, plant and thc process of processing at all rcasonable hours (viid) The holder of the certificate shall allow the Sccd Inspector, authorised in writing by the certification agency, to inspcct all registers and rccords maintained under thesc rules and to takc samples ofthe sceds and shall supply to the Sccd Inspector such information a5 he may require for the purposes of ascertaining whether thc conditions subject to which the cerificate has becn granted, have bcen complicd with_
18 · The form and Danner jo wbich end the fee on payment of which the @ppeal may be referred ,- (1) Every memorandum of appeal under sub-section (I) of section Il shall be in writing and shall be accompanied by & copy ofthe decision ofthe certification agency 2gainst which it has becn preferred and shall set forth concisely and under distinct heads the grounds 0f objection to such decision without any argument, Or narrative_ (2) Evcry such memorandum of appeal shall be accompanied by a trcasury receipt {or & sum of Rs. 10 _ (3)- Evcry such mcmorandum of appeal mzy be presented either in person or through an agent duly authoriscd in writing in this behalfbythe uppellant or may be sent by the registered pOSL. 19. Procedure to be followed by the Appellate Authority ~In deciding appeals under the Act thc appellatc authority shall exercise all the powcrs which a Court has and shall follow the same procedure which & Court follows in deciding appeals from the decree Or order of an original Court under the Code of Cvil Procedure, 1908 ($ of 1908)-
20 · Qualifications of Seed Analysis._A person shall not bc qualified {or appointmcnt as Seed Analyst unless hc possesscs Master' $ or equivalent degree in Agriculture or Agronomy or Botany or Horticulture of a (Jniversity rccognised [or this purpose by the Government and has bad not less than one year'$ experience in seed technology; Or (ii) Posscsses Bachelor's degree in Agriculture or Botany ofa University recognised for this purpose by the Government and has had not less thanthree vears' expcrience in seed technology
21 · Duties O[ & Seed Analyst~On receipt of a sample {or analysis the Seed Analyst shall first asccrtain that the mark and the seal or fastening a5 provided in clause (b) of sub-section (L) of section 15 are intact and shall notc the condition of the seals thereon, (2) The Seed Analyst shall analyse the samples according t0 the provisions of the Act and these rules (3) The Seed Analyst shall deliver the copy of the report of the result of the analysis to the persons specified in sub-section (1) of section 16. (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, 22 . Qualifications of Seed Inspectors~A person shall not be qualified for. appointment as Sced Inspector unless be is a graduate in Agriculturc of a University recognised for the purpose by the Government and has had not Iess than one years experience in sccd production, or secd deve- lopment Or seed analysis Or testing in & seed testing laboratory: 23. Duties of 2 Secd Inspector:-~In addition to the dutics specified by the Act the Seed Inspector shall _ (a) inspect as frequently as may be required by certification agency all places used for growing, storage Or salc of any secd of any notificd kind or variety; (b} satisfy himself that the conditions of the certifcates are being observed; (c) procedure and send for analysis, if necessary, samples of any seeds, which he has reason t0 suspect 3re bcing 'produced stocked or sold or exhibited for sale in contravention of the provisions ofthe Act orthese rules; (d) investigate ay complaint, which may be made to him in writing in respect of any contravention of the provisions of the Act or thcse rules; (e) maintain a Tecord of all inspections made and action taken by him in the performance ofhis duties including the taking of samples and the seizure of stocks and submit copics ofsuch rccord to the Director ofAgriculture Or thc certification agency 2s may be direcred in this behalf; I) when s0 authorised by the State Government detain imported containers which he bas Ieason ta suspect contain sccds, import of which is prohibited except and in accordance with the provisions of the Act and these rules; (g) institute prosecutions in respecr of breaches of the Act and thcse rules; #nd (h) perform such other dutics 45 may be entrusted to him by the competent authority.
34 · Form of Notice. _The notice to bc given under clausc (a) of sub-section (1) of section 15 t0 the person from whom thc Sced Inspector intends to take sample shall hc in Form VI:
35 · . Form of Report ~~The Teport of thc rcsult of thc analysis under sub-scction (I) or sub-section (2) of section 16 shall be delivered 05 sent in Form VII.
36 · Fees -_The fces payable in respcct of tbc rcport ftom thc Central Seed Laboratory under sub-scction (2) of scction 16 shall be Rs.. 10 - per sample of thc secd analyscd:
37 · Retaining of the Sample:--~The sample of any sccd shall, under clause (c) of sub-scction (2) of section 15, bc Ictained under a cool, dry environment to climinate thc loss of viability and insect proof or rat Proof container. The containers shall be dusted with suitable inscc- ticides and the storage TOOm fumigatcd to avoid infcstation of samples by insccts. The sample shall be packed in good quality containers of uniform shape and size beforc storage.
38 · Records-~A person carrying on thc busincss referred to jn scction 7 shall maintain thc following records, namcly:_
39 · , rorm of Memorandun_Thc memorandum to be preparcd undcr subscction (4) of scction 14 shall be in Form VIII.
3 · Ncarcst town its distance from your farm Highway No. or Routc 4 Name of varicty/kind of sccd offercd for certification: 5. Arca under cach variety/kind offercd for ccrtification: 6 Class of sced dcsired to bc produccd FoundationfRegistered Certified: 7 Source of sccd for Item 6 above (akso mention Tag No. and other particulars on the tag} 8 "Isolation distance" (in metres) from othcr varietics of thc samc crop: North to South East to West. 9_ Actual or proposcd date of planting: Signature. Datc