Seeds (Regulation of Standards) Act, 1973 (Act No. 29 of 1973)

1973 packing forfeited to the Government. No. ).9 Seeds (Regulation of Standards) Vicarious crimina! responsi bility (0) require any person to produce for inspection or forthe ptirr-ose of obtaining copies thereof or extracts therefrom, any books. shipping bills, bills of lading or other documents or papers relating to any seed to which this Act applies, (3) The owner or person in charge of any place, described ill this section and every person found therein shall give an inspector all reason able assistance in his power to enable the inspector 1.0 car-v out his duties and functions under this Act and shall furnish him 'with such information with respect to the administration at this Aot and the: regulations and orders made hereunder as the inspector may reasonably require. (4) Whenever an inspector believes on reasonable grounds that any of the prOY~SiOIlS of,this Act or of regulations or orders made.hereunder has been VIOlated. he may seize or stop sale the seed' or package by means of or .in relation to which he reasonably believes the violation was committed: Provided that any seed or package seized or placed under stop sale persuant to this subsection shall not be detained after (a) the provisions of this Act and the regulations and orders have, in the opinion of the inspector, been complied with: or (b) the expiration of six months from the day of seizure or stop sale unless before thut time proceedings have been instituted in respect of the violation, in which event the seed or package may be detained until the proceedings are finally concluded: (5) Any person who (a) obstructs an inspector "in the exercise of his powers 'conferred upon him by this section. or who neglects or refuses to produce to tbeinspector any book or record which the. inspector'mny request to be produced for his inspection; or (b) wilfully makes -.<1 false' or misleading statement either verbally or in writing to' an inspector or other olliciaJ engaged in carrying out his duties or functions under this Act. shall be guilty of an offence, 9.-(1) Any act which if done by an individual would be an ofIcnee , against this Act or any regulations or orders made hereunder slJall, if done by a body corporate. be an offence by every director, secretary and manager thereof unless he proves that the otlcnce was committed without his consent or connivance and that he exercised all such diligance to prevent the commission of the oJfence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. (2) If an offence against this Act or any regulations or orders made: hereunder has been committed by a partner in a firm. every person who at the time of (he commission of the offence was a partner jll: that firm. or was purporting to act in that capacity. shall be deemed: to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised' all such diligance to prevent the COlli mission of the ollence a~ -lie ought to have exercised having regard to tile nature of his, fimctions' in that capacity and to all the circumstances. 370' No. 29 Seeds (Regulation of Standards) 1973 10. No proceedings in respect of an offence under this Act or any Limitation subsidiary legislation made hereunder shall be instituted more than two years after the time when the subject matter of the proceedings arose, where tho offence is a misrepresentation of the variety name or purity of variety of a seed. 11. In any proceedings for a contravention of any of the provisions lhidenco of this Act or of any subsidiary legislation made hereunder a document purporting to be a certificate signed by an analyst stating that he has examined a substance or a sample submitted to him by an inspector and stating the result of his examination shall be admissible as evidence of the matters stated therein, but any party to the proceed ings may require the person by whom the examination was made to be called as witness, 12. Any person guilty of an offence against the provisions of this P~nalti01 Act or of any subsidiary legislation made hereunder shall, except as otherwise provided, be liable on conviction to a fine not exceeding fourteen thousand shillings or to imprisonment for a term not execeed ing one year, or to both such fine and imprisonment, and in addition to any penalty imposed under this Act the Court may order any article in respect of which such offence has been committed or which has been used for the commission of such offence to be forfeited. 13. Without prejudice to the provisions of section 284A of Penal Indemnity Code. no matter or thing done by any person exercising or purporting Cal'. 16 to exercise any function under this Act or under any subsidiary legisla tion made hereunder shall, if done in good faith in the execution or purported execution of his functions under any of the provisions of this Act or such subsidiary legislation. subject any such person as aforesaid to any action. liabJity, claim or damand whatsoever, Passed in the Natjonal Assembly on tho twenty-second day of November, 1973. M. f-fWINDADI, Acting Clerk of the National Assembly 1!J73No. 13 &ed.s (Regula/ion of Standards} THE SEEDS (REGULATION OF STANDARDS) ACT, 1973 AAMNGEMEm' OF SECTIOnS Section Title 1. Short title and commencement. 2. Interpretation. 3. General restrictions as to sale, Importation and cxportaticn of seed. 4. General prohibition on sale, importation or exportation of .seed except in accordance with prescribed requirements. 5. Regulations. 6. Matters in respect of which Ministcr.may make orders. 7. Appointment of inspectors and analysts. 8. Powers of inspectors. 9. Vicarious criminal respousibilty, 10. Limitation. 11. Evidence. 12. Fenalties.u 13. Indemnity.