SEED ACT, 1976
( XXIX OF
1976)
[11th
May, 1976]
An
Act
to provide for
controlling and regulating the quality of seeds of various varieties of crops
WHEREAS it is expedient to
provide for controlling and regulating the quality of seeds of various
varieties of crops and for matters connected therewith;
AND WHEREAS the
Provincial Assemblies of the Punjab, Sind, the North-West Frontier
Province and Baluchistan have
passed resolutions under Article 144 of the Constitution of the Islamic
Republic of Pakistan to the effect that Parliament may by law regulate and
control the quality of seeds of various varieties of crops; It is hereby
enacted as follows:—
1.
Short title,
extent and commencement.— (1) This Act may be called the Seed Act, 1976.
(2)
It extends to the whole of Pakistan.
(3)
It shall come into force at once.
2.
Definitions.—
In this Act, unless there is anything repugnant in the subject or contest,—
(a)
“approved seed” means seed true to species as approved
by the Federal Seed Certification Agency;
(b)
“basic seed” means seed produced by an organization set
up by a Provincial Government for the purpose;
(c)
“certified seed” means seed certified by the Federal
Seed Certification Agency;
(d)
“Federal Seed Certification Agency” means the Federal
Seed Certification Agency established under section 5;
(e)
“National Registration Agency” means the National
Registration Agency established under section 7;
(f)
“National Seed Council” means the National Seed Council
established under section 3 ;
(g)
“notified variety or species” means a variety or
species which has been notified as such under section 10;
(h)
“post-control” means a trial to check on varietal
authenticity and purity of the certified seed;
(i)
“pre-basic seed” means seed of high genetic purity
produced by a plant breeder;
(j)
“prescribed” means prescribed by rules;
(k)
“Provincial Seed Council” means a Provincial Seed
Council established under section 9;
(l)
“registered variety” means a variety registered by the
National Registration Agency under section 8;
(m)
“registered grower” means a person or group of persons
engaged in producing seed and registered as such under this Act;
(n)
“released variety” means a registered variety having
agricultural value for growing in a Province and approved by the Provincial
Seed Council;
(o)
“rules” means rules made under this Act;
(p)
“seed” means any of the following classes of seeds used
for sowing or planting namely—
(i)
Seeds of food crops including edible oil seed and seeds
of fruits and vegetables;
(ii)
cotton seed;
(iii)
seeds of fodder; and includes seedlings, tubers, bulbs,
rhizomes, roots, cuttings, all types of grafts and other vegetatively
propagated material of food crops or fodder.
(q)
“Seed Analyst” means a Seed Analyst appointed under
section 17;
(r)
“Seed Certification Officer” means a Seed Certification
Officer appointed under section 18;
(s)
“Seed Inspector” means a Seed Inspector appointed under
section 19;
(t)
“species” means a group of plants representing a crop
known by a common name, such as, wheat, paddy and cotton belonging to one
species sub-species or forma ; and
(u)
“variety” means a group of plants belonging to a
species which for cropping purpose is considered as an individual unit and can
be distinguished from other varieties of the same species.
3.
Establishment
of National Seed Council.— As soon as may be after the commencement of this
Act, the Federal Government shall establish a National Seed Council under the
Chairmanship of the Federal Minister-in-Charge of Agriculture for the
performance of such functions as may be entrusted to it under this Act.
4.
Functions of
the National Seed Council.— The functions of the National Seed Council
inter-alia shall be—
(i)
to advise on policy for the development, operation and
regulation of the Provincial seed industries;
(ii)
to maintain a watch on the operation of the provisions
of this Act;
(iii)
to guide in administering the seed quality control
service;
(iv)
to direct initiation of Provincial Seed Projects;
(v)
to ensure and protect investment in the seed industry;
(vi) to approve and sanction seed
standards;
(vi)
to regulate inter-Provincial seed movement;
(viii)
to advise on import of seeds;
(ix)
to co-ordinate multiplication and supply of seeds of
approved varieties;
(x)
to co-ordinate the arrangements for the maintenance of
genetic potential ; and
(xi)
to assist in developing approved seed production farms
5.
Establishment
of Federal Seed Certification Agency.— As soon as may be after the
commencement of this Act, the Federal Government shall establish a Federal Seed
Certification Agency for the performance of such functions as may be entrusted
it under this Act.
6. Functions of Federal Seed Certification Agency.— The Federal Seed Certification
Agency shall perform the following
functions, namely—
(a)
controlling the quality of seeds ;
(b)
registering growers in such manner and subject to such
conditions as may be prescribed ;
(c)
certification of seeds ;
(d)
field inspection of the crops of registered varieties
and released varieties intended for sale as basic seed or certified seed ;
(e)
sampling and testing of seed lots intended for sale in
order to ascertain their purity, viability, germination capacity and health
status in the prescribed manner ;
(f)
issuing certificates in respect of seeds which meet the
prescribed standards of particular category of seeds ;
(g)
carrying out post-control trials on pre-basic, basic
and certified seeds ;
(h)
sampling and analysing seed lots delivered to the
processing plants to establish a basis for the purchase of such lots ;
(i)
arranging training courses for seed Certification
Officer ; and
(j)
providing technical and specialist advice and
assistance to the National Seed Council in the performance of its functions.
7.
Establishment
of National Registration Agency.— As soon as may be after the commencement
of this Act, the Federal Government shall establish a National Registration
Agency for the performance of such
functions as may be entrusted to it under this Act.
8.
Functions of
National Registration Agency.— The National Registration Agency shall
perform the executive functions of the National Seed Council and shall:—
(i)
conduct pre-registration checking of varieties
submitted for the purpose of—
(a)
determining suitability for registration as a variety ;
(b)
providing definitive botanical description of crop
varieties, and
(c)
providing information on genetic suitability and
adaptability of varieties ;
(ii)
register seed varieties after conducting
pre-registration checking under clause (i) ;
(iii)
publish a list of registered seed varieties ; and
(iv)
perform such other functions as the National Seed
Council may entrust to it.
9.
Establishment
of Provincial Seed Council.— As soon as may be after the commencement of
this Act, each Provincial Government shall establish a Provincial Seed Council
for the performance of such functions for the purposes of this Act as may be
entrusted to it by the Federal Government, in consultation with the Provincial
Government.
10.
Power to
notify varieties or species of seed.— The Federal Government may, by
notification in the official Gazette, specify:—
(a)
the varieties or species of seed approved for
production in a Province or any part thereof ;
(b)
the minimum limits of germination and purity standards
to which such seed shall conform ; and
(c)
the mark and label to indicate that such seed conforms
to the minimum limits of germination and purity standards and the particulars
which such mark or label may contain.
11.
Regulation
of sale of seeds of notified varieties and species.— No person shall, sell,
offer for sale, or advertise or hold in stock for sale, or barter or otherwise
supply, any seed of any notified variety or species unless :—
(a)
such seed is identifiable as to its variety or species
;
(b)
such seed conforms to the minimum limits of germination
and purity standards as laid down under section 10 ;
(c)
the container of such seed bears the mark and label
containing correct particulars thereof in the prescribed manner ; and
(d)
he complies with such other requirements as may be
prescribed ;
12.
Appointment
of registered growers.— The Federal Seed Certification Agency may, on the
recommendation of a Provincial Seed Council, register any farmer or grower as a
registered grower to produce seed in the prescribed manner.
13.
Grant of
certificate by Federal Certification Agency.— (1) Any person intending to
produce notified varieties or species of seed, or stock for sale, or offer for
distribution or otherwise supply seed, of a notified variety or species may, if
he desires to have such seed certified or tested by the Federal Seed
Certification Agency, apply to the said Agency for the grant of a certificate
for this purpose.
(2)
Every application under sub-section (1) shall be in
such form and be accompanied by such fee and contain such information as may be
prescribed.
(3)
On receipt of an application under sub-section (1), the
Federal Certification Agency, may after such enquiry as it thinks fit and after
satisfying itself that the seed to which the application relates conforms to
the minimum prescribed standards, grant a certificate in such form and on such
conditions as may be prescribed.
14.
Period for
which registration and certification shall be effective.— (1) The
registration of a grower for producing seeds shall be effective for such
period, not exceeding five years, as may be prescribed.
(2) The
certification of the notified varieties and species of seeds shall be effective
for such period as may be prescribed.
15.
Cancellation
of certification.— If, at any time after certification under sub-section
(3) of section 13, the Federal Seed Certification Agency is
satisfied, either on a reference made to it in this behalf or otherwise, that
:—
(i)
the certificate granted by it has been obtained by
misrepresentation or suppression of an essential fact ; or
(ii)
the holder of the certificate has, without reasonable
cause, failed to comply with the conditions subject to which the certificate
has been granted or has contravened any of the provisions of this Act or the
rules, then, without prejudice to any other penalty to which the holder of the
certificate may be liable under this Act, the Federal Seed Certification Agency
may, after giving the holder an opportunity of showing cause, cancel the
certificate.
16.
Appeal.—
(1) Any person aggrieved by a decision of the Federal Seed Certification Agency
under section 15 to cancel a certificate may, within thirty days from the date
on which the decision to cancel the certificate is communicated to him and on
payment of such fee as may be prescribed, prefer an appeal to the Federal
Government or any other authority as it may determine from time to time.
(2)
On receipt of an appeal under sub-section (1), the
appellate authority shall, after giving the appellant an opportunity of being
heard, dispose-off the appeal as expeditiously as possible.
(3)
The order of the appellate authority under this section
shall be final.
17.
Seed
Analyst.— The Federal Seed Certification Agency may, by notification in the
official Gazette, appoint any person to be a Seed Analyst to test the quality
and purity of seed produced at the seed farms before it is given out, for,
commercial cultivation.
18.
Seed
Certification Officer.— The Federal Seed Certification Agency may, by
notification in the official Gazette, appoint such person as it thinks fit to
be a Seed Certification Officer for such area as may be specified in the
notification.
(2) A Seed Certification Officer
shall perform the same functions as are assigned to a Seed Inspector and also
supervise the work of the Seed Inspectors in the area for which he is
appointed.
19.
Seed
Inspector.— The Federal Seed Certification Agency may, by notification in
the official Gazette, appoint such persons as it thinks fit to be Seed
Inspectors for such areas as may be specified in the notification.
20.
Power of
Seed Inspectors.— (1) A Seed Inspector may, within the area for which he is
appointed, inspect and take samples of any seed in labelled containers
purporting to contain seed of a notified variety or species of seed from any
person producing, selling, delivering, stocking or distributing seed and send
such samples for analysis to the nearest laboratory of the Federal Seed
Certification Agency.
(2)
The Seed Inspector may—
(a)
enter and search at all times, with such assistance as
he may consider 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 in possession of any seed in respect of which the offence has been or is
being committed not to dispose-off any stock of such seed for a specified
period not exceeding thirty days or, unless the alleged offence is such that
the defect may be removed by the
possessors of seed, seize the stock of such seed ;
(b)
examine any record, register, document or other
material object found in any place mentioned in clause (a) and seize the same
if he has reason to believe that it may furnish evidence of the commission of
any offence punishable under this Act ; and
(c)
exercise such powers as may be necessary for carrying
out the purposes of this Act or any rule.
(3)
Where any sample of any seed of any notified variety or
species is taken under subsection (1), its cost, calculated at the rate at
which such seed is usually sold in the market, shall be paid on demand to the
person from whom it is taken.
(4)
The power conferred by this section includes power to
break open any labelled container in which any seed of any notified variety or
species may be kept and to break upon the door of any premises where any such
seed may be kept for sale ;
Provided that the
power to break open the door shall be exercised only after the owner or any
other person in occupation of the premise, if he is present therein, refuses to
open the door on being called upon to do so.
(5)
Where the Seed Inspector takes any action under
sub-section (1), he shall, as far as possible, call not less than two persons
of the locality to be present at the time when such action is taken and take
their signature on a memorandum to be prepared in the prescribed form and
manner.
(6)
The provisions of the Code of Criminal Procedure, 1898
(Act V of 1898), shall, so far as may
be, apply to any search or seizure made under this section as they apply to any
search or seizure made under the authority of a warrant issued under section 98
of the said Code.
21.
Procedure to
be followed by Seed Inspector.— (1) Whenever a Seed Inspector intends to
take a sample from the crop of any seed of any notified variety or species for
analysis, he shall
—
(a)
give notice in writing of his intention to do so to the
person from whom he intends to take sample ; and
(b)
except in special cases provided by rules, take three
representative samples in the prescribed
manner and mark and seal or fasten up each sample in such manner as its nature
permits.
(2)
When samples of any seed of any notified variety or
species are taken under subsection (1), the Seed Inspector shall—
(a)
deliver one sample to the person from whom it has been
taken ;
(b)
send, in the prescribed manner, another sample for
analysis to the Seed Testing Laboratory of the area within which such sample
has been taken ; and
(c)
retain the remaining sample in the prescribed manner
for production in case any legal
proceedings are taken.
(3)
Where a Seed Inspector makes an order under clause (a)
of sub-section (2)of section 20.
(a)
he shall use all dispatch in ascertaining whether or
not the seed contravenes any of the specifications laid down under section 10,
and, if it is ascertained that the seed does not so contravene, forthwith
revoke the order passed under the said
clause or, as the case may be, take such action as may be necessary for the
return of the stock of the seed seized thereunder ;
(b)
if the stock of the seed seized under that clause does
not conform to the aforesaid specifications, he shall, as soon as may be,
report the matter to a Magistrate and take his orders as to the custody thereof
; and
(c)
without prejudice to the institution of any
prosecution, if the alleged offence is such that the defect may be removed by
the possessor of the seed, he shall, on being satisfied that the defect has
been so removed, forthwith revoke the order passed under the said clause.
(4)
Where a Seed Inspector seizes any record, register,
documents or any material object under clause (b) of sub-section (2) of section
20, he shall, as soon as may be, report
the matter to a Magistrate and take his orders as to the custody thereof.
22.
Report of Seed
Testing Laboratory.— (1) The Seed Testing Laboratory shall, as soon as may
be after the receipt of the sample under section 21, analyse the sample and
deliver, in such form as may be prescribed, one copy of the report of the
result of the analysis to the Seed Inspector and another copy thereof to the
person from whom the sample has been taken.
(2)
The production in any inquiry, trial or other
proceedings under this Act of a report under the hand of a Seed Analyst in the
form prescribed shall, until the contrary is proved, be sufficient to prove the
facts stated therein.
(3)
When any person is accused of an offence under this
Act, the court may, if it considers necessary in the interest of justice and
the accused deposits in the court a sum of money in accordance with the scale
prescribed, summon as a witness the Seed Analyst who analysed the sample in
respect of which such person is accused of having committed an offence, and, if
such person is acquitted, any sum of money so deposited shall be refunded to
him.
23. Offences
and penalty.— Whoever—
(i)
contravenes any provision of this Act or any rule ; or
(ii)
prevents a Seed Certification Officer or a Seed
Inspector from taking a sample or inspecting seed under this Act ; or
(iii)
prevents any official from exercising any power conferred
on him by or under this
Act, shall be punishable—
(a)
for the first offence, with fine not exceeding one
thousand rupees ;
(b)
where the offence continues after conviction, with a
further fine of one hundred rupees for each day during which the offence continues
; and
(c)
for a subsequent offence, with imprisonment for a term
which may extend to six months, or with fine or with both.
24.
Power of
court to order forfeitures.— If any person is convicted of an offence
punishable under this Act in respect of any notified variety or species of
seed, the court convicting him shall further direct that the seed shall be
forfeited to the Federal Government.
25.
Cognizance
of offence, etc.— (1) No court inferior to that of a Magistrate of the
first class shall try an offence punishable under this Act.
(2) No court
shall take cognizance of an offence punishable under this Act except upon a
complaint in writing made by the Federal Seed Certification Agency or a person
authorised by it in this behalf by an order in writing.
26.
Presumption
as to order.— Where an order purports to have been made and signed by an
authority in exercise of any power conferred by or under this Act a court shall
presume within the meaning of the Evidence Act, 1872 (I of 1872), that such
order was so made by that authority.
27.
Indemnity.—
No suit, prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done under this Act or
the rules.
28.
Delegation
of powers.— The Federal Government may, by notification in the official
Gazette, direct that all or any of its powers under this Act or the rules
shall, in such circumstances and under such conditions, if any,as may be
specified in the notification, be exercisable also by—
(a)
a Provincial Government ; or
(b)
an officer or authority subordinate to the Federal
Government.
29.
Power to
make rules.— (1) The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular
and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a)
the functions of the Seed Testing Laboratory ;
(b)
the requirements which shall be complied with by the
registered growers or a person carrying on the business of seed production,
processing or distribution ;
(c)
the form of application for the grant of a certificate
under section 13, the particulars it shall contain, the fees which shall
accompany it, the form of the certificate and the conditions subject to which
the certificate may be granted ;
(d)
the records to be maintained by a registered grower or
a person carrying on the business referred to in sub-section (1) of section 13,
and the particulars which such records shall contain ;
(e)
the from and manner in which and the fee on payment of
which, an appeal may be preferred under section 16 and the producer to be
followed by the appellate authority in disposing of the appeal ;
(f)
the qualifications and duties of a Seed Certification
Officer ;
(g)
the qualifications and duties of a Seed Inspector ;
(h)
the manner in which samples may be taken by the Seed
Inspector, the procedure for sending such samples to the Seed Testing
Laboratory and the manner of analysing such samples ;
(i)
the form of report of the result of the analysis under
sub-section (1) of section 22 and the fees payable in respect thereof ; (j) the powers and functions of a
Seed Analyst ; and
(k) any other matter which is to be or may be
prescribed.
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