The proposed Seeds Act of 2019 aims to repeal the Seeds Act of 1966 and establish a Central Seed Committee to regulate seed production, certification, and sales in India. Some key points:
- It will maintain a National Register of seed varieties and require registration of all commercial seed varieties except those produced and saved by farmers for their own use.
- A Central Seed Committee will be formed with representatives from the central and state governments as well as seed industry and farmers to advise on seed policy and regulation.
- State governments will also form State Seed Committees to register state varieties and enforce regulations.
- Seed producers, processors, dealers and nurseries must register with relevant authorities.
- Se
1. PROPOSED SEEDS ACT:
The Seeds Bill 2019 (draft)
Contents
Seeds Bill (2019)
Comparison of Seeds Act 1966 & Seeds Bill 2019
Comparison of Seeds Bill 2019 & PPV&FR Act 2001
2. The Ministry of Agriculture and Farmers’ Welfare
released the revised draft Seeds Bill 2019 in the public
domain on October 28, 2019 for views and comments.
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.
Draft Seed Bill has 10 Chapters and 53 Clauses
3. CHAPTER - I
PRELIMINARY
Short title, extent, application and commencement
Sec. 1. This Act may be called the Seeds Act, 2019; extends to the
whole of India and shall apply to (a) every dealer; and (b)
every producer of seed, other than farmer, except when
the seed is produced by him for his own use and not for
sale.
Provided that nothing contained in this Act shall restrict the
right of the farmer to grow, sow, re-sow, save, use,
exchange, share or sell his farm seeds and planting
materials except when he sells such seeds or planting
material under a brand name.
4. Sec. 2: - Definitions:
"Agriculture" includes horticulture, forestry and cultivation of
plantation, medicinal and aromatic plants.
“Farmer” means any persons who owns cultivable land or any
other category of farmers who are doing the agricultural work
as may be notified by the Central/State Govt.
“Seed” means any type of living embryo or propagule
including seedlings, tubers, bulbs, rhizomes, roots, cuttings, all
types of grafts, tissue culture plantlets, synthetic seeds and
other vegetatively propagated material capable of
regeneration and giving rise to a plant of agriculture which is
true to such type.
6. CHAPTER II
THE CENTRAL SEED COMMITTEE, REGISTRATION AND
OTHER SUB-COMMITTEES
3. The Central Government shall, constitute a Committee to be called the
Central Seed Committee for the purpose of this Act at New Delhi.
4. Composition of the Committee:
The Secretary, DAC&FW, MoA&FW – Chairman (Ex-officio)
Members- Agric. Commissioner (DAC&FW), DDG (Crop Sci. & Hort.
Sci.); Jt. Secy (Seeds), Hort. Comm.; representatives of DBT; Min. of
Env., Forest and Climate Change, Director (National Centre for
Aromatic and Med. Plants), Chairperson (PPF&RA), Chairperson
(NBA) “[ex-officio]”; And, Secretary (Agric.) from 5 States (on
rotation basis from the Five Geographical zones); Director, State
Seed Cert. Agency (from one state); Managing Director, State Seeds
Corporation (from one state); two representatives of farmers; two
representatives of seed industry; two specialists or experts in the
field of seed development (nominated by Central Govt.).
7. Zone-I : AP, Telangana, Kar., Kerala, Lakshadeep, Puducherry and
Tamil Nadu
Zone-II: A&N Island, Bihar, Chhattisgarh, Jharkhand, MP, Odisha
and West Bengal
Zone III: Arunachal Pradesh, Assam, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim and Tripura
Zone- IV: Dadar and Nagar Haveli, Daman and Diu, Goa, Gujarat,
Rajasthan and Maharashtra
Zone-V: Chandigarh, Haryana, H.P., J&K, NCR of Delhi, Punjab,
Uttarakhand and Uttar Pradesh
Geographical Zones
8. The Committee may associate any person whose
assistance or advice it may desire in complying with
any of the provisions of the Act– the person shall have
the right to take part in discussion but NO right to
vote (entitled for TWO years; eligible for re-
nomination)
The Central Government may, at any time, remove
from office any member other than ex-officio
member, after giving him a reasonable opportunity of
showing cause against the proposed removal.
9. 5. Powers and functions of the Committee:
The Committee shall be responsible and shall have the powers for
the effective implementation of this Act and shall advise the
Central Govt and the State Govts on matters relating to-
(a) seed programming and planning;
(b) seed development and production;
(c) export and import of seeds;
(d) standards for registration, certification and seed testing;
(e) seed registration and its enforcement;
(f) such other matters, as may be prescribed.
10. 6. Powers of Committee to specify minimum limits of
germination, purity, seed health, etc.
On the recommendation of the Committee, the Central Govt. may,
by notification, specify –
a) The minimum limits of germination, genetic and physical purity,
seed health and additional standards including transgenic
events and corresponding traits for transgenic seeds, with
respect to any kind or variety;
b) The mark or label on the packet or container to indicate that
such seeds conforms to the specifications mentioned above in
Clause (a) and other particulars such as expected performance
of the seed in accordance with information provided by the
producer under Sec. 15.
11. The duty of the Registration Sub-Committee shall be to
register kinds and varieties of seeds after scrutinizing their
claims as made in the application and to perform such other
functions as are assigned to it by the Committee.
The Committee may appoint as many other Sub-Committees
including a Sub-Committee on Seed Certification to exercise
such powers and perform such duties as may be delegated to
them.
7. Registration and other Sub-Committees of
the Committee and their functions
12. Procedure of the Committee and its Sub- Committees
8. The Committee may, subject to the previous approval of
the Central Govt., make regulations for the purpose of
regulating its own procedure and procedure of any Sub-
Committee thereof.
Secretary and other officers of the Committee
9. The Central Govt. shall
a) appoint a person to be the Secretary of the Committee,
b) provide the committee with technical and other officers
and employees for the efficient performance of the functions
of the Committee under this Act.
13. 10. Meetings of the Committee
(1) The Committee shall meet as and when necessary as per
the provisions of the regulations.
(2) The Chairperson or, in his absence, the Agri. Commissioner
or, in the absence of both, any member chosen by the
members present from amongst themselves, shall preside
meeting of the Committee.
(3) All questions at a meeting of the Committee shall be
decided by a majority of votes of the members present and
voting, and in the case of an equality of votes, the
Chairperson or the person presiding, shall have and
exercise a second or casting vote.
14. Every State Government shall establish a State Seed Committee to –
a) Register State seed varieties;
b) Keep a register of State seed varieties to be called as State Register of
Seeds;
c) Advise the State Govt. on registration of seed producing units, seed
processing units, seed dealers and fruit (horticulture) nurseries;
d) Maintain, in each district, a list of seed dealers, seed producers, seed
processing units and fruit nurseries;
e) Seek information from persons engaged in the production, supply,
distribution, trade or commerce in seeds of any kind or variety
regarding stocks, prices, sales and other information;
f) Advise the State Govt. and the Committee on all matters arising out
of the administration and implementation of this Act; and
g) Carry out other functions assigned to, by, or under this Act.
11. State Seed Committee
15. CHAPTER III
REGISTRATION OF KINDS AND VARIETIES OF SEEDS, ETC.
12. Maintenance of National Register of Seeds of kinds and
varieties
For the purposes of this Act, a National Register of Seeds, for all
kinds and varieties of seed shall be kept by the Registration Sub-
Committee wherein all specifications shall be maintained
(provided that the farmers shall not be required to register the
farmers’ varieties of seeds in the said register)
Subject to the directions of the Committee, the Register shall be
kept under the control and management of the Registration
Sub-Committee.
The Registration Sub-Committee shall, publish the list of kinds
and varieties of seed which have been registered during that
interval.
16. 13. Registration of National Seed Varieties and
State Seed Varieties
The national seed varieties shall be registered by the
Registration Sub-Committee and State seed varieties
shall be registered by the State Seed Committee.
The State Seed Committee shall furnish the information
regarding the State seed varieties registered by it to the
Registration Sub-Committee for maintenance of the
National Register of Seeds.
17. No seed of any kind or variety, except farmers’ variety, shall, for the
purpose of sowing or planting by any person, be sold unless such seed
is registered by the Registration Sub-Comm.
The seed varieties which are available in the market on the date of the
commencement of this Act shall be deemed to be registered under this
Act and the information related to those varieties shall be furnished by
the concerned person to the Reg. Sub-Committee or the State Seed
Comm., as the case may be, within the period of two years from the
date of commencement.
Registration made under this Act shall be valid for a period of 10
years in the case of annual and biennial crops, and 12 years for long
duration perennials.
At the expiry, the kind or variety of seed may be re-registered for a like
period by the Registration Sub-Committee or the State Seed Comm., on
the basis of the results of such trials as may be prescribed to re-
establish the performance of the kind or variety of seed.
14. Registration of any kind or varieties of Seed
18. 15. Procedure for registration
On receipt of application for the registration of a kind or variety
of seed, the Registration Sub-Committee or the State Seed
Comm., as the case may be, shall after enquiry and satisfying
itself that the seed to which the application relates conforms to
the claims, with regards to the efficacy of the kind or variety of
seed and its safety to human and animals, register the seed on
such conditions as may be specified by it and allot a registration
number and issue a certificate of registration.
The Registration Sub-Comm. may, having regard to the efficacy of
the seeds and its safety to human beings and animals, vary the
conditions subject to which a certificate of registration has been
granted and may, for that purpose, require the certificate holder
by notice to deliver the certificate to it, within specified time.
19. 16. Special provision for registration of transgenic
varieties
•No seed of any transgenic variety shall be registered
unless the applicant has obtained clearance in respect of
the same as required by or under the provisions of the
Environment (Protection) Act, 1986:
•Provided that the Registration Sub-Committee has
granted provisional registration, for a period of two
years on the basis of information furnished by the
producer on the results of MLT conducted in
prescribed manner.
20. 17. Cancellation of registration of seeds of kinds and varieties
The Registration Sub-Committee or the State Seed Comm. may
cancel any registration granted on following grounds, namely:
(a) That the holder of the certificate has violated any of the terms
and conditions of the registration; or
(b) That the registration has been obtained by misrepresentation
or concealment of essential data; or
(c) That the variety is not performing in accordance with the
information furnished or has become obsolete or has outlived
its utility; or
(d) That prevention of commercial exploitation of such variety of
seeds is necessary in the public interest.
21. No order of cancellation of registration under this section
shall be made unless the holder thereof or the affected
person concerned has been given a reasonable opportunity
of showing cause in respect of the grounds for such
cancellation.
18. Notification of cancellation of registration of any kinds
and varieties seeds
The Registration Sub-Committee or the State Seed Comm.,
shall notify the cancellation of registration of any kind or
variety of seed made in the Official Gazette and also publish
the said cancellation of registration in prescribed manner.
22. 19. Exclusion of certain kinds or varieties of
seeds from registration
No registration of any kind or variety of seed shall be made
under this Act, if prevention of commercial exploitation of such
kind or variety is necessary to protect public order or public
morality or human, animal or plant life and health, or to avoid
serious prejudice to the environment; and
A kind or variety of seed containing any technology (GURT or
Terminator), which is harmful, or potentially harmful, shall not
be registered.
23. 20. Evaluation of Performance
The Committee may, for conducting trials to assess the performance,
accredit centers of the Indian Council of Agricultural Research, State
Agricultural Universities and such other organizations fulfilling the
eligibility requirements as may be prescribed, to conduct trials to
evaluate the performance of any kind or variety of seed.
21. Compensation to Farmer
Where the seed of any registered kind or variety is sold to a farmer, the
producer, distributor or vendor, as the case may be, shall disclose the
expected performance of such kind or variety to the farmer under given
conditions, and if, such registered seed fails to provide the expected
performance under such given conditions, the farmer may claim
compensation from the producer, dealer, distributor or vendor under
the Consumer Protection Act, 1986.
24. 22. Seed producers and seed processing
units to be registered
No producer or his sponsor shall grow or organize the production of seed
or maintain a seed processing unit, unless he is registered under this Act
by the respective State Government under this Act.
Every seed producing unit and every seed processing unit shall furnish
periodic returns on the quantity of seeds of different kinds or varieties
produced or processed by it, to the State Govt. in prescribed format.
The State Government may, after giving the holder of certificate of
registration, suspend or cancel the registration if –
(a) such registration has been obtained by misrepresentation as to a
material particular relating to the specification in terms of
infrastructure, equipment or availability of qualified manpower; or
(b) any of the provisions of this Act or the rules made thereunder has been
contravened.
25. 23 Seed Dealers to be Registered
Every person who desires to carry on the business of selling, keeping
for sale, offering to sell, import or export or otherwise supply any
seed by himself, or by any other person on his behalf, shall obtain a
registration certificate as a dealer in seeds from the State Govt.
Every dealer registered under this section shall furnish to the State
Government such information and returns regarding seed stocks, seed
lots, expiry date of seed lots and other related information at such
interval, as may be prescribed.
The State Government may, after giving the dealer an opportunity of
being heard, suspend or cancel a certificate granted under this Act if-
such registration had been obtained by misrepresentation of any
material fact;
contravenes any of the provisions of this Act or the rules made
thereunder.
26. 24. Fruit Nursery to be Registered
No person shall conduct or carry on the business of fruit nursery
in area exceeding one hectare for any of the purposes of this Act
unless such nursery is registered with the State Government.
25. Duties of registration holders of Fruit nursery
Every holder of a registration of a fruit nursery shall-
• Keep a complete record of the origin or source of every planting
material and performance record of mother trees in the nursery;
• Keep a layout plan showing the position of the root-stocks and
scions used in raising the horticulture plants;
• Keep the nursery plants and parent trees used for the propagation of
fruit plants free from infectious or contagious insects, pests or
diseases affecting plants; and
• Furnish prescribed information to the State Govt. on the production,
stocks, sales and prices of planting material in the nursery.
27. 26. Regulation of sale of seeds of registered
kinds and varieties
CHAPTER- IV
No person shall himself, or by any other person on his behalf, carry
on the business of selling, keeping for sale, offering to sell, import
or export or otherwise supply any kind of seed of any registered
kind or variety unless-
• Such seed is identifiable as to its kind or variety;
• Such seed conforms to the minimum standards of germination
and genetic, physical purity, seed health, transgenic traits;
• The container of such seed bears in the prescribed manner, the
mark or label bearing the correct particulars thereof;
• The container of such seed, in the case of transgenic varieties,
bears a declaration to this effect.
28. 26. Regulation of sale price in emergent conditions
In emergent situations like scarcity of seeds, abnormal rise in
prices, monopolistic pricing or profiteering in respect of a
particular variety:
a) The Central Govt. may regulate the sale price of such
variety of seeds in prescribed manner (National seed
varieties)
b) The State Govt. may, in respect of Sate Seed varieties,
regulate the sale price of such varieties in such manner as
may be prescribed.
29. 28. State Seed Certification Agency
The State Govt. or the Central Govt. may, in consultation with the State
Government, establish a State Seed Certification Agency for the State to
carry out the functions entrusted to the State Seed Certification Agency
under this Act.
29. Accreditation of Seed Certification Agencies
The State Govt. may, with previous approval of the Central Govt.
accredit – organizations of the Central Govt. or State Govt. to carry
out certification, in the prescribed criteria.
The accredited organizations shall be subject to prescribed
inspection and control of the concerned State Govt. and State Seed
Certification Agency.
The accreditation may be withdrawn by the State Govt., for reasons
to be recorded in writing and after giving to the concerned
organization a reasonable opportunity of being heard.
30. 30. Grant of certificate by the State
Seed Certification Agency
Any person selling, keeping for sale, offering to sell, or otherwise supplying any
seed of any registered kind or variety, desires to have such seed certified by
the SSCA, may apply to that Agency for grant of a certificate for the purpose.
The SSCA, after enquiry and satisfying itself that the seed to which the
application relates conforms to the prescribed standards, grant a certificate in
prescribed conditions : provided that the seed meet the minimum limit of
standards.
31. Revocation of certificate
The State Seed Certification Agency may, after giving the holder of the
certificate an opportunity of showing cause, revoke the certificate -
If the certificate granted by it has been obtained by misrepresentation of
essential fact; or
The holder of the certificate has failed to comply the conditions subject to
which the certificate has been granted or has contravened any of the
provisions of this Act.
31. 32. Recognition of seed certification
agencies in territory outside India
The Central Government may, on the
recommendation of the Committee, and by
notification, recognize any seed certification agency
established in a country other than India , for the
purposes of this Act.
32. CHAPTER -V
33. APPEALS
Any person aggrieved by a decision of the Registration Sub-
Committee or State Seed Comm. or the State Seed Certification
Agency may appeal in prescribed format to the appellate
authority (constituted by the Central Govt.) within thirty days
from the date of decision communicated to him.
An appellate authority shall consist of a single person or 3
persons as the Central Government may think fit, to be
appointed by that Government.
On receipt of an appeal, the appellate authority shall, after
giving the appellant and the other party an opportunity of
being heard, dispose of the appeal as early as possible.
33. 34. Central and State Seed Testing Laboratories
CHAPTER VI
The Central Government may, by notification, establish a CSTL
or declare any seed-testing laboratory as the CSTL to carry out
the functions entrusted to the CSTL in the prescribed manner.
The State Govt. may, by notification, establish one or more
State Seed Testing Laboratories (SSTL) or declare any seed
testing laboratory in the Government or non-Government
sector as a SSTL, where analysis of seed of any kind or variety
shall be carried out under this Act in the prescribed manner.
Every CSTL or SSTL shall have as many Seed Analysts as the
Central Govt. or the State Govt. may consider necessary .
34. Sec. 35-37 - Seed Analysts
The concerned Government (Central or State) may appoint a
person having the prescribed qualifications to be Seed Analysts
and define the local limits of their jurisdiction.
Every CSTL and SSTL may have as many Seed Analysts as the
Central Govt. or the State Government, consider necessary.
In case, the report of SSTL and CSTL vary, the report of CSTL shall
prevail over the SSTL report.
Where the report sent by the CSTL is produced in any
proceedings, it shall not be necessary to produce the sample or
part thereof taken for analysis.
35. 38. Seed Quality Monitoring Officer and Seed
Inspectors
The Central Govt. may, by notification, appoint such
person having prescribed qualifications, to be Seed
Quality Monitoring Officer and define their jurisdiction.
The State Govt. may appoint a person having the
prescribed qualifications, to be Seed Inspectors and
define the areas within which they shall exercise
jurisdiction.
Every Seed Inspector shall be subordinate to such
authority as the State Govt. may specify in this behalf.
36. 39. Powers of Seed Quality Monitoring
Officer and Seed Inspectors
The Seed Quality Monitoring Officer and Seed Inspector may -
Take samples of any seed of any kind or variety from - any
person selling such seed; or any person who is in the course of
conveying, delivering such seed to a purchaser or a consignee;
or a purchaser or a consignee after delivery of such seed to him.
Send such sample for analysis to the Seed Analyst of that area.
Enter and search (with prior permission), at all reasonable
times, with such assistance, if any, as he considers necessary,
any place in which he has reason to believe that an offence
under this Act has been or is being committed and order in
writing the person, not to dispose of any stock of such seed for a
specific period not exceeding 15 days or, unless the alleged
offence is such that the defect may be removed by the
possessor of the seed and seize the stock of such seed.
37. The Inspectors may Examine any record, register, document or any
other material found and seize the same if he has reason to believe
that it may furnish evidence of the commission of an offence
punishable under this Act; and exercise powers for carrying out the
purposes of this Act or any rule or regulation made thereunder.
The power of this section includes the power to break-open any
container in which any seed of any kind or variety may be contained or
to break-open the door of any premises where any such seed may be
kept for sale [if the owner is present and refuses to open]. Presence of
two independent person from same locality is required and take their
signature on a prescribed manner.
The provisions of the Code of Criminal Procedure, 1973, shall apply to
any search or seizure as they apply to any search or seizure made
under the authority of a warrant issued under section 94 of the said
Code, or under the corresponding provisions of the said law.
38. Import and Export of Seeds
CHAPTER VII
40. Import of seeds-
All import of seeds shall be subject to the provisions of the Plant
Quarantine (Regulation of Import into India) Order, 2003, or any
corresponding order made under section 3 of the DIP Act, 1914;
Shall conform to minimum limits of germination, genetic and
physical purity, and seed health, transgenic traits; and
Shall be subject to registration on the basis of information
furnished by the importer on the results of MLT for prescribed
period.
All import of Transgenic varieties shall also be subject to EPA,
1986.
The Central Government may, by notification, permit to import an
unregistered variety in such quantity and subject to fulfilling
conditions specified in notification for research purposes.
39. 41. Export of seeds
The Central Government may, on the advice of the
Committee, restrict the export of seeds of any kind or
variety if it is deemed that such export may adversely
affect the food security of the country, or if it is felt
that the reasonable requirements of the public will
not be met, or on such other grounds as may be
prescribed.
40. CHAPTER VIII
42. Offences and Punishment
If any person –
Contravenes any provision of this Act or any rule made thereunder; or
imports, sells, stocks, or exhibits for sale, or supplies any misbranded seed or
without having a certificate of registration; or obstructs the State Seed
Comm., or Seed Certification Agency or SQMO, or Seed Inspector or Seed
Analyst or any other authority in the exercise of its powers or discharge of
their duties under this Act or the rules made thereunder,
The person shall, on conviction, be punishable – with fine which shall not be
less than 25 Thousand Rupees but which may extend to One Lakh Rupees.
The above shall also apply to the person selling any seed which does not
conform to the minimum prescribed standards.
If any person furnishes any false information relating to the standards of genetic
purity, misbrands any seed or supplies any spurious seed or spurious transgenic
variety, sells any non-registered seeds he shall be punishable with imprisonment
for a term which may extend to One Year or with fine which may extend to Five
Lakh Rupees or with both.
41. 43. Forfeiture of property
When any person has been convicted under this Act for the
contravention of any of the provisions of this Act or the rules made, the
seed in respect of which the contravention has been committed shall be
forfeited to the Central Govt.
44. Offences by companies
Where an offence has been committed by a company, every person
who was in charge of, and was responsible to the company as well as
the company, shall be deemed to be guilty of the offence and shall be
liable to be punished accordingly; provided that
any person liable to any punishment shall be rendered if he proves
that the offence was committed without his knowledge and that he
exercised all due diligence to prevent the commission of such
offence.
42. CHAPTER IX
45. POWER OF CENTRAL GOVERNMENT
The Central Govt. may give such directions to any State Govt. as
necessary for carrying into execution in the State any of the
provisions of this Act or of any rule made thereunder.
46. Without prejudice to the foregoing provisions of this Act, the
Committee shall be bound by such directions on questions of
policy as the Central Govt. may give in writing to it from time
to time.
47. Exemption from Provision of Act
The Central Govt. may, by notification, and subject to such
conditions as it may specify therein, exempt any educational,
scientific or research or extension organization from all or any of
the provisions of this Act or rules made thereunder.
43. CHAPTER X
MISCELLANEOUS
48. No suit, prosecution or other legal proceeding shall lie against the
Government or any person for anything which is done or intended to be
done in good faith under this Act.
49. If any difficulty arises during execution of the provisions of this Act, the
Central Govt. may make necessary provisions for removing the difficulty:
Provided that no order shall be made under this section after the
expiry of two years from the date of commencement of this Act.
50. Power of Central Govt. to make rules: The Central Government may by
notification, make rules and regulations to carry out the provisions of
this Act in all or any of the matters related in the Act.
51. Power of Committee to make regulations: The Committee may, with the
previous approval of the Central Govt., by notification, make regulations
in consistent with the provision of this Act.
44. Every rule and every regulation made under this Act shall be
laid before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one
session or in two or more successive sessions.
52. Notification, rule, etc. to be laid before Parliament
45. 53. Repeal and savings
The Seeds Act, 1966 is hereby repealed.
No such repeal shall affect –
the previous operation of the repealed law; or
any right, privilege, obligation or liability acquired, accrued or
incurred under the repealed law; or
any penalty, forfeiture or punishment incurred in respect of any
offence committed against the repealed Act, or
any investigation, proceeding, legal proceeding or remedy in
respect of any right, privilege, obligation, liability, penalty,
forfeiture or punishment shall continue as if this Act had not
been passed.
Seeds registered, Agencies established under the Seeds Act
1966, shall be deemed to be have been registered and
established or recognized under this Act.
46. Availability of true to type seeds to Indian farmers and check on sale of
spurious and poor quality seeds;
Increase in the proportion of quality seed available for sowing and
increase in the seed replacement rate resulting in higher productivity;
Increased private participation in seed production, distribution,
certification and seed testing; Establishment of Central Seed
Committee (CSC) as a permanent body for effective monitoring of the
seed development programme in the country;
Regulation of import and sale of transgenic seed and planting material;
Liberalized import of seeds and planting materials;
Provision of farmers’ exemption for registration, etc.
Provide compulsory registration based on agronomic performance
data thereby regulating quality and genetic purity of seeds; Establish
Central Seed Committee (CSC);
Provision for compensation.
Expected benefits from the revised legislation
47. Comparison of Seeds Act, 1966 & Seeds Bill, 2019
Seeds Act, 1966 Seeds Bill, 2019
Definitions “Agriculture” includes
horticulture
“Agriculture” includes horticulture,
forestry, cultivation of plantation,
medicinal and aromatic plants.
Definitions of “Seed” and “Variety”
have been changed to make them
more specific and technical
Does not define these terms (as
in 2019)
Defines terms such as “Dealer”,
“Essentially Derived Variety”, “Extant
Variety”, “Farmer”, “Horticulture
Nursery”, “Misbranded”, “Spurious
Seed”, and “Transgenic Variety”
Registration Only varieties notified by the
government need to be
registered
All seeds for sale must be registered
Seed
Committee
Constitutes Central Seed
Committee. The central
government, after consulting
with the CSC, may notify a seed
in order to regulate the quality
of seed.
Constitutes Central and State Seed
Committees. A Registration Sub-
Committee would register seeds of all
varieties
48. Seeds Act, 1966 Seeds Bill, 2019
Transgen
ic
Varieties
No provision for
transgenic varieties of
seeds
Special provisions for
registration of transgenic
varieties of seeds
Export
and
Import
A person is restricted
from exporting or
importing notified
variety of seed unless
it conforms to
minimum limits of
germination etc.
All seed imports are regulated
by the Plant Quarantine
(Regulation of Import into
India) Order, 2003 or any
corresponding order of the
Destructive Insects and Pests
Act, 1914; shall conform to
minimum limits of germination
etc. Exports can be restricted if
it adversely affects the food
security of the country
49. Seeds Act, 1966 Seeds Bill, 2019
Compensat-
ion
to Farmers
No specific provision for
compensation mentioned in
the Act.
Provides for compensation to
farmers under the Consumer
Protection Act, 1986 in the
event of underperformance of
seeds
Penalties Any person who contravenes
any provisions of the Act,
prevents a Seed Inspector
from taking samples etc. shall
be punished for the first
offence with a fine which
may extend to Rs 500. If the
offence is repeated he may
be imprisoned for a
maximum term of six months
and/or fined up to Rs 1,000.
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 Rs
25,000 to Rs One Lakh. The
penalty for giving false
information is a prison term up
to One Year and/or a fine up to
Rs 5 Lakhs.
50. Comparison of Seeds Bill, 2019 & PPVFR Act, 2001
PPVFR Act, 2001 Seeds Bill, 2019
Definitions “Farmer” means any person who
cultivates crops by cultivating the
land himself or cultivates crops by
directly supervising the cultivation
or land through any other person;
or conserves and preserves,
severally or jointly, with any other
person any wild species or
traditional varieties or adds value
to such wild species or traditional
varieties through selection and
identification of their useful
properties
“Farmer” means any
person who cultivates
crops either by cultivating
the land himself or
through any other person
but does not include any
individual, company,
trader or dealer who
engages in the
procurement and sale of
seeds on a commercial
basis
51. PPVFR Act, 2001 Seeds Bill, 2019
Registration Establishes a Plant Varieties
Registry, which would
maintain a National Register
of Plant Varieties
Establishes a Registration Sub-
Committee, which would
maintain a National Register of
Seeds
Specifies details under which
a variety may be registered
such as a complete passport
data of the parental lines from
which a variety has been
derived
No specifications regarding
parentage of variety
Registration is for 15 years for
annual/biennial crops and 18
years for long duration
perennials. Registration
cannot be renewed
Registration is for 10 years for
annual/biennial crops and 12
years for long duration
perennials. On expiry,
registration can be renewed for a
similar
period.
52. PPVFR Act, 2001 Seeds Bill, 2019
Compens
ation
If a breeder of a propagating material or
a variety registered under the Act sells his
product to a farmer, he has to disclose
the expected performance under given
conditions. If the propagating material
fails to perform, the farmer can claim
compensation in the prescribed manner
before the Protection of Plant Varieties
and Farmers’ Rights Authority
The seed producer, distributor
or vendor will have to disclose
the expected performance of a
particular variety of seed under
certain given conditions. If the
seed fails to perform to
expected standards, the farmer
can claim compensation from
the dealer, distributor or vendor
under the Consumer Protection
Act, 1986.
Penalties Penalty for applying false denomination
to a variety is imprisonment up to two
years and/or a fine between Rs 50,000
and Rs Five lakh. Penalty for falsely
representing a variety as registered is
imprisonment up to three years and/or a
fine between Rs one lakh and Rs five lakh
or both. Penalty for subsequent offence is
imprisonment up to three years and/or a
fine between Rs Two lakh and Rs 20 lakh.
Any person, who contravenes
any provisions of the Act,
prevents a Seed Inspector from
taking samples etc. shall be
punished for the offence with a
fine up to Rs 5 lakhs or
imprisonment of One year or
Both.