SEED RELATED LEGISLATIONS IN INDIA

Environmental Law

Submitted by

Aviral Vinayak Jaroliya

SM0115008

3rd Year (6th Semester)

National Law University, Assam

 Table of Contents:

Table of Casesii
Table of Statutes ii
Table of Abbreviations iii

Abstract 1

Introduction 2

Aim 3

Objectives 3

Scope and Limitations 3

Review of Literature 4

Research Questions 4

Research Methodology 5

Seed Legislations in India 6

Seed Act, 1966 6

Seed Rules, 1968 10

Seed Control Order, 1983 13

New Policy on Seed Development, 1988 14

Plants, Fruits and Seeds Order (Regulation of Import into India order) 1989 14

Protection of Plant Varieties and Farmers Right Act, 2001 15

Protection of Plant Varieties Rules, 2003 17

National Seed Policy, 2002 17

Seed Bill, 2004 18

Recommendations of the Standing Committee on Agriculture 20

Conclusion 22

i
Bibliography iv

Table of Cases

1. Gadamsetty Sriramulu v. Assistant Director of Agriculture,

2. Hariyali Kisaan Bazaar v. State of Haryana
3. Shailaja v. State of Karnataka
4. Shamsundar Agrawal v. State Of Rajasthan And Anr.
5. State of Rajasthan v. Sanjay Kumar & Ors

Table of Statues

1966 - Seeds Act

1968 - Seed Rules
1972 - The Seeds (amendment) Rules
1973 - The Seeds (amendment) Rules
1974 - The Seeds (amendment) Rules
1981 - The Seeds (amendment) Rules
1983 - Seeds (Control) Order
1989 - Plants, Fruits and Seeds Order (Regulation of Import into India order)
2001 - Protection of Plant Varieties and Farmers Right Act
2003 - Protection of Plant Varieties Rules
1986 - Environment Protection Act
1973 - Criminal Procedural Code

ii
Table of Abbreviation

NSC National Seed Committee

Indian Council of Agriculture Research

ICAR
DAC Department of Agriculture and Cooperation

PPV & FR Protection of Plant Varieties and Farmers Right

TRIPS Trade Related Aspects of Intellectual Property Rights

Agreement

GM Genetically Modified

NBPGR National Bureau of Plant Genetic Resources

GEAC Genetic Engineering Appraisal Committee

OGL Open General License

PSCA Parliament Standing Committee on Agriculture

EPA Environment Protection Act

VCU Value for Cultivation and Use

Cr.P.C Criminal Procedural Code

Ed. Edition

Ltd. Limited

Vol. Volume

Or. Order

R. Rule

iii
Abstract

The purpose of this research paper is to analyze the various seed related legislations in India
unions in India. The Government of India in order to regulate the production and distribution of
quality seeds to the farming community framed and enacted various rules and legislations. .
The first legislation with respect to protection of seeds was enacted in 1966 when the Seed Act
was formed which was then followed by Seed Rules in 1968. Further with the coming up of new
varieties of seeds, in 1983, the Government came up with the seeds control order, 1983 which
insisted on compulsory licensing of the dealer. Also in 1955 India became a signatory of the
World Trade Organization which paved the way for development of varieties of seeds. So, in
order to regulate such varieties of seeds, the Protection of Plant Varieties and Farmers' Right
Act was passed in 2001 which was followed by National Seed Policy, 2002 and Seeds Bill, 2004.
This research paper starts from analyzing the 1966 Seed Act and analyze all the seed related
orders, rules and legislations framed and enacted by the Government till the recent Seed Bill of
2010.

1
Introduction

Seeds are the fundamental units around which agriculture relies across India and the world.
Seeds form a basic reason for having provided farmers a degree of autonomy on their lives in
terms of cultural, economic and social mandates. Seed is the primary input which is put into the
farming process and complimenting it are other inputs in the categories of fertilizers, manures
and pesticides. Seed is the common entity that shares its identity with the farming community
across the world and all have their unique methods to save, store and implant seeds. The primary
factor determining the physical, pharmaceutical and physiological aspects related to a crop is its
seed and good quality seeds can increase farmer’s production by about 15-20%.1 Thus, the use of
good quality seeds2 is a pre-requisite to achieve higher yield and have successful agricultural
production. Further seeds are the key components in the conservation of biodiversity. 3 Therefore
it is imperative to maintain the purity and quality of seeds 4 and provide for sustainable supply of
seeds and to maintain their diversity and engulfing the factors to secure the seeds.

The onus of governing the factors and security of seeds fall on the Government to frame rules
that govern the production and distribution of quality seeds to the farming community, since in a
traditional agrarian economy like India, farming community is supposed to be either illiterate or
semi-literate. In India, the Government besides framing rules had also enacted various
legislations to protect the seeds and other materials related to crop production in India. The first
legislation with respect to protection of seeds was enacted in 1966 when the Seed Act was
formed which was then followed by Seed Rules in 1968. Subsequently, amendments were made
for the Seeds Act during the years 1972, 1973, 1974 & 1981. Further with the coming up of new
varieties of seeds, the seeds control order, 1983 was passed insisting on compulsory licensing of
the dealer. This was made even more rigorous when the issue of seeds was brought under the
Essential Commodity Act, 1955. Further in order to help multinational corporations with seed
related issues, the Plants, Varieties and Fruits Order was passed during 1989 and was amended

1
MG Mula, CVS Kumar and RP Mula, ‘Seed System: The Key for a Sustainable Pulse Agriculture for Smallholder
Farmers in the Dryland Tropics’, 2013. Also see MSP Annual Report 2006- 07.
2
Good quality seeds are those seeds which have genetic and physical purity; health standards; high germination and
moisture percentage.
3
Suresh Prasad Singh, Debdutt Behura, Saurabh Kumar, ‘Harmonizing Seed Policies for better Cooperation in Rice
Seed Trade between India and Bangladesh’, 2015
4
Which can be done through various stages of seed production i.e. breeder, foundation, registered and certified seed,

2
subsequently during 1998, 2000 and 2001 and finally in 2003 the order was revised by another
order, Plant Quarantine (Regulation of import into India) Order. Furthermore, in 1955 India
became a signatory of the World Trade Organization which paved the way for development of
varieties of seeds. So, in order to regulate such varieties of seeds, the Protection of Plant
Varieties and Farmers' Right Act was passed in 2001 which was followed by National Seed
Policy, 2002 and Seeds Bill, 2004.

The present project would try to analyze the aforementioned legislations and rules with an
imperative look towards the greater debate of Free Competition in this particular field up against
the preservation of our fundamental unit of economic employment.

Aim

The aim of the research paper is to analyze the existing seed related legislations in India.

Objectives

1. To analyze the legislations enacted to protect the production and distribution of quality seeds
in India.

2. To examine various rules framed by the Government to implement such seed legislations.

3. To find out why there is a need to replace the first Seed legislation of India, i.e., Seed Act of
1966.

4. To analyze the Seed Bill of 2004 and examine why the government did not enact this bill and
came up with a new bill in 2010.

Scope and Limitations

The scope of this project is only limited to the study of Central Rules, Legislations and Orders
passed with respect to the regulation of seeds and other related matters in India, the researcher
will not be dealing with the various state legislations.

3
Review of Literature
1. Premjit Sharma, SEED LEGISLATIONS, GeneTech Books, New Delhi, 2008.

This book guides the researcher on the various seed production schemes and certifications
validated by the Government of India in order to improve the farmers' working capacity in the
field. It introduces the various standards in seed legislation, and elaborates on those standards
deemed necessary by the Government to regulate registration, selection, storage, transfer and use
of seed. It also explains the various legislatives, acts and laws passed by the Government for
testing, inspection, quality and sale of seeds.

2. K Ramamoorthy, K Sivasubramaniam, A Kannan, SEED LEGISLATION IN INDIA,

Agrobios Publishers, 2006.

This book made an attempt to bring all the seed related statutes together to provide a glimpse of
the vast legalities involved in seed production and distribution in India. The book provides the
researcher with case studies quoted as an example only. This is an essential guide to the
researcher while preparing her project.

3. V. Santhy, P.R. Vijaya Kumari, Anshu Vishwanathan & R.K. Deshmukh, ‘Legislations
For Seed Quality Regulation In India’

This article by V. Santhy, P.R. Vijaya Kumari, Anshu Vishwanathan & R.K. Deshmukh helps
the researcher throughout her project. The article covers the analysis of all the relevant
provisions of seed related legislations, rules and order in India. Starting from the first seed
legislation of India, i.e., Seed Act 1966 to the recent Seed Bill of 2010, it provides the detailed
examination of each provision under each statute.

Research Question
1. How far the seed legislations in India help in achieving the development agriculture and
horticulture sectors of economy?

2. What are the necessities of a semi open economy like India while dealing with an extensive
Agrarian Based employment?

4
3. What are the limitations that the India legislators have put upon the global competitors with
respect to seed regulation and benefit of farmers and vice versa?

Research Methodology

Types of Research

The researcher conducted Doctrinal type of research to collect proper data and to gather
appropriate information. The use of library sources and internet sources has greatly
supplemented our research. Various books, articles, journals pertaining to the subject (as
mentioned in the Literature Review and Bibliography) have been immensely helpful in guiding
our research.

Types of Data

To ensure a quality study of the subject matter, the researchers collected the following two types
of data: -

Primary Data- The researchers collected the primary data by going into statutory laws such as
The Seeds Act 1966, The Seed Rules, 1968, etc.

Secondary Data: Though primary data is very valuable and precious; still the importance of the
secondary data cannot be overlooked. So, the researchers also collected secondary data through
various books, articles, reports, journals and other sources.

5
Seed Legislations in India

Seed laws are designed to aid in the orderly marketing of seed. The laws relating to seed
provides protection to both buyers and sellers by establishing the regulations governing the sale
of seed. The basic purpose of seed laws is also to regulate the quality of seeds sold to farmers. It
is justified to enact the laws relating to seed and regulate the quality because seed is the
fundamental pillar of food production and is vital input for successful agricultural production in
every society. Further with the technological advancement and the application of science to
agriculture, it is necessary to regulate and provide assurance for the quality of seeds through
legislations.

Until mid-sixties, there was no legislation in India governing the quality of seeds sold to farmers.
It was only after the introduction of hybrid varieties of seeds which result in the rapid
development of agriculture production that necessitate the enactment of seed legislation in order
to regulate the quality and quantity of the seeds in India. 5 Measures of seed legislation with
respect to quantity and quality were initiated in the country by establishment of National Seed
Corporation during 1963 under Ministry of Agriculture. The National Seed Corporation was the
Central Body to produce seeds of superior dwarf varieties in rice, wheat and, superior hybrids in
maize, pearl millet and sorghum.6 This was followed by various seed legislations enacted by
Government of India which are as follows:

Seed Act, 1966

The Seed Act in India was passed on 29th December, 1966 and came into force throughout the
country from 2nd October, 1969. The Act was enacted is to regulate the quality of certain notified
varieties of seeds for sale and to ensure that farmers get good quality seeds. The main feature of
the Seed Act, 1966 are7:

5
P.K. Agrawal, PRINCIPLES OF SEED TECHNOLOGY, Indian Council of Agricultural Research, 2006
6
V. Santhy P.R. Vijaya Kumari Anshu Vishwanathan R.K. Deshmukh, ‘Legislations For Seed Quality Regulation
In India’
7
Ibid

6
1. Applicability: The Act is applicable only to notified varieties of seeds which include seeds of
food crops, oil crops, cotton seeds, seeds of cattle fodder and all types of vegetative propagating
material used for sowing

2. Sanctioning Provisions: The Act provides for the formation of an apex advisory body namely:

a.) Central Seed Committee8, comprise of 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. The Central Seed Committee is also empowered by the Act to notify
any variety found suitable as per the Act after notification in the Official Gazette, to fix the
minimum limits of germination and purity of seed for a variety to be notified as well as for
marking or labeling a seed lot to be sold commercially.

b.) Seed Certification Agency9 to undertake the process of certification. The Agency is
empowered to recommend and grant notification certificate to suitable variety of seeds provided
the seed meets minimum limits of germination and purity and also to revoke the certificate
issued in case the Agency finds that the holder has obtained certificate by misrepresentation or
has not complied with the conditions.

c.) Central Seed Laboratory10 as well as State Seed Laboratory11 to carry out seed analysis of
notified variety.

3. The Act also provides for the appointment of seed analyst to undertake seed testing and seed
inspector12 who is empowered by the Act to collect samples from any seller or a purchaser and
verify the quality by sending samples to a seed analyst in the seed testing laboratory.13

8
Section 3(1) of the Seed Act, 1966
9
Section 8 of the Seed Act, 1966
10
Section 4(1) of the Seed Act, 1966
11
Section 4(2) of the Seed Act, 1966
12
The State Government, under section 13 of the Act may appoint such a person as it thinks fit, having prescribed
qualification (Clause 22 part IX of Seed Rule) through notification, a Seed Inspector and define the areas within
which he shall exercise jurisdiction for enforcing the seed law. He will be treated as a public servant within a
meaning of section 21 of the Indian Penal Code, 1860.
13
The whole operation of the seed inspector has to be done in presence of two witnesses with their signatures on a
memorandum

7
4. The Act envisage the appointment of an appellate authority through an official notification in
the Gazette by the State Government to look into the grievances of certified seed producers seed
certificate agencies, of seed traders against seed law enforcement officers, etc.

a.) Regulatory Provisions:

i.) The Act provides regulation of sale of seeds of notified varieties. 14 The Act under Section 7
provides that the seeds of notified varieties can be sold in container only if they are labeled 15 or
certified16 or meet the minimum prescribed requirement.17

ii.) The Act restrict any person to sell, keep for sell or offer to sell or otherwise supply any seed
of any notified varieties of seed after the validity period recorded on the container, mark or label
has expired.

5. Imposed restriction on the import and export of seeds of notified varieties. Any variety of seed
imported or exported should meet the minimum limits of seed germination and purity marked
and labeled on the container truly.18

a.) Penalty: If any person, contravenes any provision of the Act, or prevents a seed inspector
from taking sample under this Act or prevents a Seed Inspector from exercising any other power
conferred on him could be punished under section 19 of the act with a fine of five hundred
rupees for the first offence. Further if such person continues to do such act for which he has been
convicted earlier under Section 19 of the Seed Act shall be punished with imprisonment for a
term, which may extend to six months or with fine, which may extent to one thousand rupees or
with both. In case an offence under this Act has been committed by a company then every person
who, at the time the offence was committed, was in charge of, and was responsible to the
14
Any kind/varieties of seed can be notified by the Central Government after consultation with the Central Seed
Committee and its sub committees under Section 5 of the Act
15
Compulsory labeling of the notified varieties is to be done revealing the true identity of the variety, germination as
well as purity.

16
Seed certification is to be maintained and make available to the public high quality propagating material of
notified kind / varieties so grown and distributed as to ensure genetic identity and genetic purity.
17
The Act under section 6 provides for minimum limits for germination, physical purity and genetic purity of
varieties for crops have been prescribed and notified for labelling seeds of notified kind / varieties. Section 6(b) also
provides for the size (10 cm x 15 cm), color (opal green) and content of the label.
18
Section 17 of the Seed Act, 1966

8
company for the conduct of the business of the company as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly.19

Further Section 468 of the Criminal Procedural Code provides that the period of limitation for
filling the case is six months, if the offence is punishable with fine only. The Seed Act, 1966 also
prescribe imposition of fine only for the first offender. Thus the period of limitation shall be
reckoned as six months in the case of first offender under the Seed Act, 1966.20

Further in the case of State of Rajasthan v. Sanjay Kumar & Ors21, the Supreme Court held that
the period of limitation for the prosecution under Section 19(a)22 of the Seeds Act, 1966 for
contravention of Section 17(a)23 and Section 7(b)24 of the Seeds Act, 1966, would not start when
the samples were taken since at that time it is not certain whether the offence alleged is
committed or not. It will be known only when the Seed Analyst under Section 16(1) of the Act
submits his report regarding the quality and if such report shows that the seed is sub-standard
only then such merchant or dealer of the said seeds can be prosecuted. Thus, the date of
submission of the report by the Seed Analyst as per Section 16(1) of the Act is the starting point
for calculation of the limitation as prescribed under Section 468 of the Cr. P.C. The same was
followed in the case of Shailaja v. State of Karnataka25in the year 2002 and in Hariyali Kisaan
Bazaar v. State of Haryana26 in 2012.

19
Shamsundar Agrawal v. State Of Rajasthan And Anr, 2007 CriLJ 749
20
Held in the case of Gadamsetty Sriramulu v. Assistant Director Of Agriculture, 2003 (2) ALD Cri 4
21
AIR 1998 SC 1919
22
Section 19(a) of the Seed Act, 1966 provides for the penalty if any person contravenes any provision of this Act or
any rule made thereunder.
23
No person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale,
offering to sell, bartering or otherwise supplying any seed of any notified kind or variety, unless such seed is
identifiable as to its kind or variety.
24
No person shall, himself or by any other person on his behalf, carry on the business of selling, keeping for sale,
offering to sell, bartering or otherwise supplying any seed of any notified kind or variety, unless such seed conforms
to the minimum limits of germination and purity specified under clause (a) of section 6.
25
2002 (1) KarLJ 247
26
2011 CriLJ 6615

9
Seed Rules, 1968

In order to implement the various provisions of the Seed Act, 1966, certain rules have been
framed by the Government in 1968, i.e., Seed Rules 1968, which contains 11 sections. The main
features of the Rules are27:

a.) The Rules describes the specific functions entrusted to the Central Seed Committee 28, Central
Seed Laboratory29, and Certification Agency30 by the Act.

b.) The Rules provides that the label should contain name of the person or agency that produced
the seed, name and address of the person offering the sale of the seed, name of the variety,
germination and purity level of the seed, net weight of the seed, date of seed testing and a
statement if the seed is treated.

c.) The Rules provides three classes of certified seeds namely:

1. Foundation (progeny of breeder seed)

2. Registered (progeny of foundation seed) and

3. Certified (progeny of registered / foundation seed) provided each class shall meet the specific
standards.31

d.) Procedure for seed Certification32:

27
V. Santhy P.R. Vijaya Kumari Anshu Vishwanathan R.K. Deshmukh, ‘Legislations For Seed Quality Regulation
In India’
28
Rule 2 of the Seed Rules, 1968 describes functions of the Central Seed Committee: recommendation for Seed
Testing fees, to advice on the suitability of seed testing laboratory, recommendation for the procedure and standards
for seed certification and testing. The Rules also provide the details of traveling and daily allowances that will be
payable to the members of the Committee.
29
Rule 3 of the Seed Rules, 1968 describes functions of the Central Seed Laboratory: coordinating with State Seed
Laboratories, collecting data on quality of seeds available in the market and any other function assigned to it by the
Central Government.
30
Rule 4 describes the functions of the Certification Agency: framing the procedure for submission of applications,
growing, harvesting and processing and storage of seeds indented for certification, maintaining a list of recognized
nucleus seed breeders, inspections of seed production fields, seed processing plant and seed stores and grant of
certificates.
31
Rule 6 of the Seed Rules, 1968
32
Rule 7 of the Seed Rules, 1968

10
1. Application has to be submitted to the certification agency containing the name and details of
the applicant, the name of the seed to be certified, class & source of the seed, germination and
purity and mark or label.

2. A fee of Rs. 25 is levied for certification.

3. Once certified, the certification tag will be given to designate certified seed containing
information such as name and address of the certification agency, name of variety, lot number,
name and address of the producer, date of issue of its certificate and its validity.

4. The color of the tag shall be white for foundation, purple for registered and blue for certified
seed.

e.) The Rules empowers the appellate court constituted under Seed Act to exercise all the powers
which a court has, while deciding appeal under the code of civil procedure, 1908 and provides
that an appeal can be made by submitting a memorandum accompanied by a treasury receipt for
Rs. 100.

f.) The 1968 Rules also provides the specific qualifications required for the post of the seed
analyst33 and seed inspectors.34

g.) It also obliges the seller to maintain the records of stock of seed and of sale of seed.

The Seed (Amendment) Rule, 1972

The Seed Rule amendment of 1972 incorporated two new provisions to the Seed Act35:

1. Firstly it includes the ‘jute seeds’ to the Seeds Act, 1966

2. Secondly, it establishes the Central Seed Certification Board to deal with all the matters
relating to seed certification and to co-ordinate the work of State Seed Certification Agencies.
The Board consists of a chairman, 13 employees, 3 Directors of Research of Agricultural
33
Seed analyst should possess a Master Degree in Agriculture/ Agronomy/ Botany/ Horticulture from a recognized
University with at least one year experience in Seed Technology or possess a Bachelors degree in
Agriculture/Botany from a recognized university with a minimum of three years experience in Seed Technology for
this purpose.
34
Seed Inspector shall be a graduate in agriculture with at least one year experience in Seed Technology.
35
V. Santhy P.R. Vijaya Kumari Anshu Vishwanathan R.K. Deshmukh, ‘Legislations For Seed Quality Regulation
In India’

11
Universities and 4 Directors of Agriculture in a State to be nominated by the Central
Government besides a nominated Secretary. The Board was empowered to fix minimum
standards of germination and purity with which seeds should confirm.

The Seeds (Amendment) Rules, 1973

The 1973 amendment of Seed Rules made changes in the Seed Act with regard to powers of
appellate authority and duty of seed analyst.36

1. Judicial powers of the appellate authority with regard to appeals provided in the Seed Rules,
1968 has been omitted by this amendment.

2. Seed analyst shall analyze samples in accordance with the procedures laid down in the Seed
Testing Manual published by the Indian Council of Agriculture Research.

3. Time period has been specified by the amendment, i.e., 30 days after the receipt of the
samples, within which the seed analyst has to report the results after analysis of the seed samples
to Seed Inspector as well as the seller/ purchaser.

4. Further the State Government has been empowered by the amendment to assign any duty to
Seed Inspector.

The Seeds (Amendment) Rules, 1974

The seed inspector has been conferred with more power during crop failure through the 1974
amendment. In case of crop failure, action is to be taken by the seed inspector and the inspector
shall investigate the causes of failure of crops by sending seed samples for detailed analysis.
Further if he finds that crops failed due to low quality seeds, not meeting the minimum standard
notified by the Central Government, he shall then take legal action against the supplier of seed.37

The Seeds (Amendment) Rules, 1981

36
Ibid
37
V. Santhy P.R. Vijaya Kumari Anshu Vishwanathan R.K. Deshmukh, ‘Legislations For Seed Quality Regulation
In India’

12
The amendment added new rule to the seed certification and provided that the certification
agency shall ensure that the seed standards confirm to the minimum seed certification standards
laid down in the Indian Minimum Seed Certification Standards published by the Central Seed
Committee.38

Seeds (Control) Order, 1983

In February 1983, the Ministry of Civil Supplies 39 through an order had declared that the seed for
sowing or planting of food crops, fruits, vegetables, cattle fodder and jute are essential
commodity items under the Essential Commodity Act, 1955. This was followed by the issue of
Seed (Control) Order by the Ministry of Agriculture, Department of Agriculture and Co-
operation40 on 30th December 1983. The order was challenged by a number of seed dealers’
association on the ground that the categories of seeds which were included in the Essential
Commodity Act, 1955 do not constitute essential commodities. However, in 1993 the Supreme
Court upheld the validity of the Seeds (Control) Order and decided that the order was to be
implemented by the state governments from 01 July 1994.41 Essential elements of the Order are:

1. The Order of 1983 requires the seed dealers to obtain a license, which is valid for 3 years, in
order to operate and has to essentially display the stock position (opening and closing) on daily
basis along with a list indicating prices or rates of different seeds to the licensing authority.

2. The state government is empowered to appoint a licensing authority and seed inspectors 42 and
may take any mode of action for supply regulation.

3. Licensing Authority can cancel the license so granted on the ground of misrepresentation or
contravention with the provision of the Order.

38
Ibid
39
In exercise of power conferred by Section 2(a)(viii) of Essential Commodities Act, 1955.
40
In exercise of powers contained in Section 3 of Essential Commodities Act which deals with Central
Government’s power to control and regulate production, supply and distribution of essential commodities.
41
K Ramamoorthy, K Sivasubramaniam, A Kannan, SEED LEGISLATION IN INDIA, 2006, Agrobios Publishers.

42
The state government may appoint such number of persons as it thinks necessary to be inspector and define the
area of such inspector’s jurisdiction through notification in the official gazette.

13
4. Further the Order increased the time period for completion of seed analysis by Seed Testing
Laboratory to 60 days as compared to 30 days under Seed Rules.

5. The Order requires the dealer to maintain the records of stock and sale and submit monthly
returns to the authority.

New Policy on Seed Development, 1988

Later in the year 1988, in order to privatize the Indian seed industry, the National Seed Policy
was formulated. The policy in order to promote privatization and give away with public sector
hold of Indian seed industry restricted the import of only high quality seeds.43

1. The policy permits the import of selected seeds such as seeds of oilseed crops, pulses, coarse
grains, vegetables, flowers, ornamental plants, tubers, bulbs, cuttings and saplings of flowers
under Open General License (OGL) to make available to farmers high quality seeds to maximize
yields and increase productivity.44

2. While the import of horticultural crops including flowers need recommendation from
Directors of Horticulture, import of crop seeds require permission from Indian Council of
Agriculture Research (ICAR).45

3. Further evaluation of important traits such as yield, pest resistance etc. needs to be done within
3 months of harvest after which importer shall apply to the Department of Agriculture and
Cooperation (DAC) for permit. Within a month, DAC will process it and thereafter controller of
Imports and Exports will issue a license.46

43
Seema Sehgal and N K Dadlani, SEED INDUSTRY HANDBOOK, National Seed Association of India, New
Delhi, 2011
44
V. Santhy P.R. Vijaya Kumari Anshu Vishwanathan R.K. Deshmukh, ‘Legislations For Seed Quality Regulation
In India’
45
Ibid
46
Ibid

14
4. Private seed producing firms should compulsorily register with NSC before importing the
seeds.47

The Government of India soon after the policy was formulated passed an order, i.e., Plants,
Fruits and Seeds Order in 1989 for the purpose to regulate the import of agricultural items into
India.

Plants, Fruits and Seeds Order (Regulation of Import into India order) 1989

The Order of 1989 mainly provides the regulations for import based on post entry quarantine
checks. The important provisions of the order are:

1. Post entry quarantine facilities shall be established that shall be permissible to

be discharged by designated examination Authority.

2. Import of any kind of seed for consumption or sowing should carry a permit issued by the
competent authority.

3. The consignment shall be inspected by the Plant Protection consultant.

Various amendments have been made for the above order by the Government, i.e., amendment of
1998, 2000 and 2001. Finally in 2003, the Plants, Fruits and Seeds order of 1989 was replaced by
the new Plant Quarantine (Regulation of import into India) Order, 2003. The new order has
expanded the scope of plant quarantine activities and has made pest risk analysis compulsory for
imports. Further the order includes provision for regulating the import of soil, moss, insects,
microbial cultures and bio-control agents, timber and wooden logs and prohibits import of
commodities contaminated with weeds, alien species, and packaging material of plant origin.

Protection of Plant Varieties and Farmers Right Act, 2001

47
Ibid

15
Soon after India became signatory to the Trade Related Aspects of Intellectual Property Rights
Agreement (TRIPS) in the year 1994 48, Government of India felt the need to offer protection to
plant varieties that have remarkable commercial value. Thus, in 2001, the Protection of Plant
Varieties and Farmers Right Act, 2001 was enacted. Salient features of the Act are:

1. The Act covers all categories of plants except microorganisms.

2. In order to be eligible for protection, a variety must be new, distinct, uniform and stable Period
of protection is six years in case of crops and may be renewed on condition that the total period
of validity does not exceed 15 years.

3. Provides legal protection to a breeder, farmer and researcher.

a.) Breeder with a registration certificate has an exclusive right to produce, sell, market,
distribute, import or export the variety.49

b.) Researchers are not prevented for conducting research using the registered variety or using
the same for creating newer varieties provided an authorization is given by the breeder indicating
the necessity of use of protected variety.

c.) Farmers have been provided right to avail protection of varieties conserved or developed by
them and they can save, re-sow, exchange, share and sell farm produce of any protected variety
except its commercial marketing with brand name. Various other rights of the farmers as
provided in the Act are right to get rewards and recognition from Gene Fund, 50 right not to pay
any fees for registration, right for protection against innocent infringement, etc.

4. The legislation contains provisions for compulsory licensing in the public interest, for
producing and distributing the seeds to public at a reasonable price, in case the seeds of protected
varieties are unavailable.
48
The TRIPS agreement required the member countries to offer for protection of plant varieties both by way of a
patent or by means of a sui generis system or by any combination thereof. The sui generis system for protection of
plant varieties was evolved in India incorporating the rights of breeders, farmers, and village communities.
49
But the Breeder has to pay an annual fee based on the royalty gained by the variety for retention of registration of
the same.
50
A National Gene Fund has been constituted which will be utilized for payment as rewards to farmers who has
preserved a variety and which has been used as donor of genes in development of a new variety by any breeder. The
gene fund is also utilized for providing compensation to farmers if the variety does not perform to the expected
performance of the variety.

16
5. The Central Government shall establish a Protection of Plant Varieties and Farmers Right
(PPV & FR) Authority with a Chairman and 15 members to implement the various functions of
the Act.

Protection of Plant Varieties Rules, 2003

The rules have been enforced for the easy implementation of the Act, 2001. The regulations
provide detailed procedures for applying protection, ways of administering the countrywide gene
fund, procedure on application for compensation, procedure to regulate the denomination of a
registered variety, procedure for cancellation of certificate and all other procedures to be
implemented as in keeping with the provisions given in the Protection of Plant Varieties and
Farmers Right Act, 2001.

National Seed Policy, 2002

The Seed Act 1966, seed control order 1983 and New Policy on Seeds Development, 1988 form
the base of promotion and regulation of the Indian Seed Industry. Far reaching changes have
been taken place in the national economic and agricultural scenario and in the international
environment since the enactment of the existing seed legislation. New technology has been used
in the agriculture sector to improve the living standards, such as biotechnology sector promises
the extreme production Genetically Modified (GM) crops.

In order to further this development in this new era, National seeds policy was formulated in the
year, 2002 which provides an appropriate climate for the seed industry to utilize available and
prospective opportunities, safeguarding the interest of farmers and conservation of the
biodiversity. The policy ensures India’s participation in the global seed trade by facilitating
advanced scientific aspects, for instance, the first transgenic BT cotton was approved for
commercial cultivation in India in 2002. Further liberalization has been targeted towards certain
components of the policy and permits foreign and domestic firms to participate on equal terms.51

Main features of the policy are:

51
Naiyya Saggi, ‘Seed Bill in India: Policy Analysis and Implications’, 2006

17
1. The policy encourages private sector participation in research and development of new plant
varieties.

2. The policy retained the rights empowered to various bodies for regulating the quality of seeds
produced, distributed and for providing variety protection provided in the Seeds Act, 1966 and
PPV & FR Act, 2001.

3. Establishment of seed banks for ensuring supply in times of calamity and storage facility at
village level

4. Establishment of a National Seed Board in place of Central Seed Committee and Central Seed
Certification Board to undertake seed certification and advising Government on all matters
related to seed planning and development.

5. Setting up of National Seed Research and Training Centre to impart training in seed
technology

6. Development of a National Seed Grid to provide information on availability of different

varieties of seeds with production details.

The policy retained certain provisions of the PPV & FR Act, 2001 such as maintenance of a
National Register on seeds of varieties, establishing a national gene fund, disclosure of the
variety's expected performance and provision for farmer to claim compensation in case of crop
failure.

Seed Bill, 2004

The Seed Bill, 2004 was proposed to replace the Seed Act, 1966. Since the enactment of the
1966 Seeds Act, far reaching changes have occurred in the agriculture and horticulture areas with
crop diversification and biotechnology emerging as vital elements of such changes. So,
constructing of a conducive environment for enhanced investment in research and development

18
and quality seed production are sought to be established under the Seed Bill, 2004. 52 The main
elements of the 2004 Seed Bill are:

1. Compulsory registration of seeds that are to be offered for sale through test for Value for
Cultivation and Use (VCU).

2. Seed certification will continue to be voluntary

3. Enable provisional registration based on the information filed by the applicant relating to trials
over one season to tide over the stipulation of testing over three seasons before the grant of
registration. The provisional registration will be for a period not exceeding two years.

4. All registered seeds should meet the minimum limits of germination, purity and seed health
and the seed lots on sale should be compulsorily labeled. In transgenic varieties, the label should
carry the name of transgene.

5. Any registered varieties offered for sale can also be certified by the State Certification
Agency.

6. Compulsory disclosure of the expected performance of a variety sold to a farmer. In case of

the failure of the crops, the farmers may claim compensation under the Consumer Protection Act,
1986

7. Compulsory registration of seed producer or any seed production organization, horticultural

nurseries engaged in such business

8. A Central Seed Committee along with National Seed Board provided in the Seed Policy, 2002
will be the apex body to fix or set the minimum standards for the seeds and decide which seeds
are harmful or dangerous to the environment and public health.

9. Empowerment of Central Government to declare any Seed testing laboratory as the Central
Seed Testing laboratories which will also serve as referral lab in case of disputes.

52
B L Manjunatha, D U M Rao , M B Dastagiri , J P Sharma and R Roy Burman, ‘New Indian Seeds Bill:
Stakeholders’ Policy Advocacies to Enact’, Vol 21, 2016. Also see PSCA, ‘Twenty second report of Standing
Committee on Agriculture (2006-07) on the Seeds Bill, 2004: Fourteenth Lok Sabha, Ministry of Agriculture’,
Department of Agriculture and Cooperation, Lok Sabha Secretariat, New Delhi, (2006)

19
10. Empowerment of State Government in establishing one or more State Seed testing
laboratories.

11. In case of importation of seeds, the seeds imported can be subject to registration granted
based on the results of multi-locational trials and the import of transgenic seeds to be done only
through NBPGR(National Bureau of Plant Genetic Resources) after approval from GEAC
(Genetic Engineering Appraisal Committee) as per the Environment Protection Act, 1986.
Further During import to the country all seeds are required to be accompanied by a certificate
from competent authority regarding their transgenic character.

12. Plant quarantine procedure need to be strictly followed during import of seed material with a
permit from Plant Protection Adviser.

13. Appointing Seed inspectors with more powers unlike that mentioned in Seed Act, 1966.

14. Strengthening of testing and certification facility with international standards.

15. Encouraging seed production in non-traditional areas and subsidy to take up seed production
in marginal lands

The Seed Bill, 2004 was never enacted as it was found that the provisions of the Seed Bill, 2004
are contradictory to the Protection of Plant Varieties and Farmers Right Act, 2001. Such as in
2004 Bill, Farmer has to claim compensation from a consumer court and redressal under the
Consumer Protection Act, 1986 whereas under PPV & FR Act, 2001, farmers get compensation
from the PPV authority which is all the simpler. Further 2004 Bill does not require the
declaration of origin of variety along with pedigree details whereas under PPV & FR Act
requires the declaration of origin of variety along with pedigree details. Also 2004 Bill does not
grant any recognition to the contribution of farmers whereas 2001 Act provides rewards for
farmers’ contribution. So, the bill was handover to the Parliament Standing Committee on
Agriculture to analyze and recommend on the same.

Recommendations of the Standing Committee on Agriculture

20
Some of the recommendations given by the Parliament Standing Committee on Agriculture for
the amendment to the Bill of 2004 are53:

1. The Committee suggested for expansion of the definition of the “farmers”.

2. The Committee recommend for deletion of the restriction imposed on the farmers’ seed to
conform to the minimum standards required to be maintained by the commercial producers for
registering their seeds as it will seriously affect the rights of the farmers.

3. The Committee discourages for private participation in the Seed Certification since it seriously
conflict the interest of the farmers who practice traditional system of exchange and sale of seeds.
Thus it strongly recommends for deletion of the self certification provisions.

4. Further the Committee recommended for introduction of price regulatory mechanism in the
Bill to ensure that the farmers should not be charged with arbitrary prices by the seed producers
and sellers.

5. The Committee recommends for enhancement of the penalties mentioned in the Bill. The
Committee suggests to increase the penalty for contravention of provisions of law as a fine of
Rs.50,000/- which may be extended up to Rs.2,00,000/- and imprisonment which may be
extended up to 3 months. Likely, the penalty for supply of spurious and mis-branded seeds must
be an amount of Rs. 2,00,000/- which may be extended up to Rs.10,00,000/- and imprisonment
of three months which may be extended up to one year.

6. Recommends for introduction of machinery to deal with the compensation matters in the Bill
itself instead of empowering Consumer Forums constituted under the Consumer Protection Act
to deal with the compensation related matters. The Committee also suggested providing Seed
Crop Insurance for compensating to the farmers whose seeds do not give the desired yield.

7. The Committee opined to lessen the power given to the seed inspector and suggested for
effective regulatory machinery over the powers of the seed inspector. The seed inspector can

53
Y.V. Anil Kumar, ‘Seed Bill 2010:An Analytic View’, Centre for Sustainable Agriculture

21
exercise his power of search and seizure with the prior permission of the District Collector
or/and Magistrate.54

8. The Committee further recommends that for reduction of the registration period 10 and 12
years instead of 15 and 18 years. The Committee suggests for deletion of the provisions of re-
registration since it will tend to monopoly among certain seed producers.

9. The Committee further recommends that the Bill should include provision for declaring the
origin of the variety and its parental details by the person sought for registration to ensure that
farmers exempted variety should not be misused by the said companies.

Incorporating many of this above mentioned Parliament Standing Committee on Agriculture

(PSCA) recommendations, the government had further drafted the bill and proposed the
amendments to the Bill in April 2010 and November 2010 which is still under consideration.

54
The Committee also recommends for exemption of farmers from the provisions of search and seizure since they
are not selling branded seeds except the farm seeds saved from their own production.

22
Conclusion

Seeds are one of the primary and foremost factor determining the success and profitability of a
crop season not only in India but the world as a whole, the quality and the nature of the seed
plays an even important role when the land is not compatible or productive enough to support
any kind of crop to sustain, or in cases where there is an imminent risk of crops being infested by
disease or germ attack or any other kind of infestation. With the advent of globalization, the
employment of science and technology to breed and cross breed has yielded amazing results
when countering such aforesaid problems, the same crucial role is played by the Global
Multinational organizations who actively employ their resources to continually develop and
innovate in the field of agriculture and making it a more profitable business to do.

Over the course of the past century, the great debate has initiated whether the rights of the
inventor are to be prioritized or the rights of the producer, the debate is specific with reference to
India, wherein the producer itself is hardly able to sustain his livelihood through the means of the
product he produces, then how will he even manage to meet the commercial requirements of the
cost costumer relation that the multinationals aim to establish. The Indian legislative structure
has produced a very balanced approach to the same, thereby ensuring an equilibrium to the
producers as well as the inventors.

The future might demand for a more liberal approach to the same but the present seems
contended with the soft corner that the Government has adopted towards the producers instead of
the inventors, who happen to be commercially viable anyway.

23
Bibliography

List of Books

K Ramamoorthy, K Sivasubramaniam, A Kannan, SEED LEGISLATION IN INDIA, Agrobios

Publishers, 2006

P.K. Agrawal, PRINCIPLES OF SEED TECHNOLOGY, Indian Council of Agricultural

Research, 2006
Premjit Sharma, SEED LEGISLATIONS, GeneTech Books, New Delhi, 2008

Seema Sehgal and N K Dadlani, SEED INDUSTRY HANDBOOK, National Seed Association
of India, New Delhi, 2011

List of Journal

Anchal Arora and Sangeeta Bansal, ‘Price Controls on Bt Cotton Seeds in India: Impact on Seed
Providers,’ 2012, Centre for International Trade and Development, Jawaharlal Nehru University,
India

B L Manjunatha, D U M Rao , M B Dastagiri , J P Sharma and R Roy Burman, ‘New Indian

Seeds Bill: Stakeholders’ Policy Advocacies to Enact’, Vol 21, 2016.

PSCA, ‘Twenty second report of Standing Committee on Agriculture (2006-07) on the Seeds
Bill, 2004: Fourteenth Lok Sabha, Ministry of Agriculture’, Department of Agriculture and
Cooperation, Lok Sabha Secretariat, New Delhi, (2006)

List of Websites

www.jstore.com

www.indiaagronet.com

www.navdanya.org

www.seednet.gov.in

www.shodhganga.com

iv