Seeds Act of Bhutan, 2000

~11r~:~"i~.i.tF't;'f'or.i.·~~~ ~oo1 THE SEEDS ACT Of 8HUTAN, 2000 ')'l'll''}l~~"-1 ~~a.r~lri"'llll Royal Government of Bhutan Ministry of Agriculture CONTENTS CHAPTER I PRELIMINARY 1 l Title, extent and commencement I 2 Odinilion ofTt:mtti 2 CHAPTER JI FRAME RULES AND PROCEDURES 4 3 Establishment of the Board 4 4 Powers to notify kinds or varieties of seeds 7 $ Powers to specify minimum Hmiw of gennination and purity 7 CHAPTER Ill REGULATION OF SEED SALE 8 6 Regulation of sale of seeds of notified kinds or varieties 8 CHAPTER Ii"/ CERTIFICATION 9 7 Seed certification agency 9 ~ Gram of certiticat~ 10 9 Revocation of certificates 10 10 Appeal 11 1 l Recognition of foreign seed certification agencies 12 CHAPTERV CENTRAL SEED TESTING LARORATORY 13 12 Central seed testing laboratory 13 13 Referee seed testing laboratory 14 CHAPTER VI ENFORCEMENT AND PENALTIES 14 14 Seed inspectors 14 15 Powers of seed inspectors 15 16 Procedures of inspection 17. 17 Report of seed testing laboratory 19 18 Penalty 20 19 Forfeiture of property 20 20 Liability of seed inspector 21. C8APTERVII MISCELLANEOUS 21 21 General powers Go.nctioned to Ministry of Agrit;,ulture 2 1 22 Genetic resources n THE SEEDS ACT OF BHUTAN, 2000 PREAMBLE An Act to regulate import and export of Agricultural seeds, to prevent introduction of plant pests and diseases and to promote seed industry in the country o.i\~ at ~nho.ncing rural income .and livelihood. CHAPTER-I PRELIMINARY 1 'I'iUe, extent and commfncement 1.1 This Act shall be called "The Seeds Act of Bhutan, 2000''. 1.2 This Act shall extend to the whole of the Kingdom of Bhutan 1 J It shall come into force on 16th day, 5th month ofthe Male Iron Drag<m Year coinciding with the 17th July of the Year 2000. 2 Defin•itions In this Act, unless the context otherwise requires: 2. l (~Agri<mlture" means field crops, horticulture, forestry and livestock. 2.2 "Board" means the National Seed Board. 2.3 "Central Seed Testing Laboratory" means the laboratory established or declared under Section 12. 2.4 "Seed Certification Agency,. means the c~~rtiticatioo agency established under Section 7 or recognized under Section 11. 2.5 "Conta~ner" means a box, bottle, sack,. ba~, wrilppet:or:ahy other thing used for the packing of seed. 2.6 .. He" implies to both gcndcl.'3 unless speoifically' stated otherwise. 2.7 "Kind" means one or more related species or sub-species ofc-rop plants each individually or collectively known by one common name such as paddy, mah.e, wheat, etc. 2,8 "Notified kind or variety'1 means any kind or variety notitied under Section 4. 2.9 °Prcscribcd'' means prescribed by rules made under this Act 2.10 «Referee Seed Testing Laboratory" means the laboratory established or· declared under Section 12. 2.11 "Seed" means any material used for sowirtg or planting and includes seed of food, feed, oilseed. forages1 fruits and vegetable crops. lt also includes seedlings and tubers, bulbs, rhi:zothP..,;,. roots, cuttings, an type of graft, and other vegetatively propagated material, of foOd1 fibre or forage crops or forest plants . 2.12 "Seed lnspector'' means a seed inspector appointed under Section 14. 2. 13.1 "Variety" means sub-division of a kind identifiable by growth, yi.c-lJ1 plant, fruit~ ~ccd 01" Qth~t' ohn-rMturittfoa. CHAPTER II FRAME RULES AND PROCEDURES 3 Establishment of the Board The Ministry of Agriculture shall establish a NationAl Seed Board to advice on matters arising out of the administration of thiS. Act and to carrv out the functions assigned to it. Tb.e Ministry of Agriculture shall appoint the Chairman and mem\jers ot the imara from· pub)lC organi:tations. 3. l Men1bership The !Board shall consist of the following members: a) Chainnan, b) Hbad1, of Deportments under MOA, c) Head of Quality Control and Regulatory Services, d) Managing Director, DSC, e) Two representatives of progressive farmers/ seed growers/farmers' organizations, f) 01;1e representative of Private Seed Industry, g) Three subject matter specialists, h) Chief Research Officer, ~ID as member l?ecret;u-y, The members will hold office for two years unless their seats become vacant due to resignation, death, or otherwise and shall be eligibl~ for re-nomination. 3.2 Functions of the National Seed Board The National Seed Board shall advise the Ministry of Agriculture on all inatters related to development of national.seed program in the country and the administration of this Act. 3.3 Making of bye- laws for the conduct of business of the Board. The Eoard may make by-laws, fixing the quorum and regulating its own procedure and conduct of all businesses that it will tran'l<lCt. 3.4 Consiitution ofCommittee(s) The Bo~mt m::i.y :ippoint one or more committees consisting wholly of members of the board, or wholly of other persons; or partly Of members of the Board and partly of other persons, as it may think fit, for the purpose of discharge of such of its functions, as may be delegated to such committees by the Board. The Board may also appoint committees in the manner -prescribed above purely for advice ·on specific issues. 3.5 Board attendance The Board shall convene a meeting only if a minimum of two-. third members is present. Oecis·ioru; ·lake11 outs id~ the, 1ninimum Board members required shall not be valid. 3.6 Staff/fa.ci\ities to the Board Tue Ministry of Agriculture will provide the Board with necessary clerical staff and other facilities Jor its smooth functioning. 4 Powerrs to notify kinds or varieties of seeds If the Minister of Agriculture, after consultation with the Board, is of the opinion that it is necessary or expedient· to regulate the quality of seed of any kind or variety to be sold for the purpose' of Agriculture, it may, by notification, declare such kind or variety to IJe utitifh::tl kind or variety for thc·purpo;;ic of th\.a Act and different kinds .or varieties may be notified for different n~giorts or areas,-· 5 Powers: to specify mjnimum l\mits of germination and purity The Ministry of Agriculture may, after t.onsultation with' the Board, specify hy notification: 5.1 the minimum limits of germination and purity with respect to seed ot any nottt,ed lund or variety. 5.2 the mark or label to indicate t hat seeds confonn to the minimum limitu of germination and purity "pecified under Sub-Section 5.1 and the ?artieu\a,s that such mark or label may contain. CHAJ'TERUI REGULATION OF SEEDS SALi[ 6 Regul,tion oi' :;a\e of seeds of notified kinds or varieties No pe,,on shall, himself or by any other poi.on on his behal~ carry on \he business of selling, keeping for sale, offering to sell, barteriri.g or otherwise supplying seeds of any notilkd kind. or variety~ un\ess: 6. 1 such. ::,et:d i& identifiable to its kind or variety: 62 such seed confonns to the minimum limits of gennination and purity ~pecified·undCr Sub.Section 5.1 of Section 5; 6.3 the container of such "Seed bears in the prescribed manner, the make or label containing the correct particulars. theteo f, sµe{".ified under Sub-Section S.2 of Section 5; and 6.4 he complies with such other requirements as may be prescribed. CHAPTER IV CERTIFICATION 7 Seed Certification Agency The Ministry of Agriculture, in consultation with the B@d, may by notification, establish a Seed Certification Ag,mcy to carry out the functions entn,sted to it by or under this Act. 8 Grant of Certificate 8.1 Any person selling, keeping -for sale, bartering or otherwise suppl~ing seeds of any notified kind or variety may, if he desires to have snch seed certified by the certification agency. apply to the certification agency for the grant of a certificate. 82 Every application under Sub-Section 8.1 shall be made in such form, contain such particulars and be accompanied by such fees as may be, prescribed. 8.3 Oa r«x:~ipt of an· applkation for thP. grant nf a certificate, the certification agency may, after enquiring and satisfying itself that the seed to which the application relates, . conforms to the minimum limits of germination and purity specified for that seed under S4,b-SectioI\ 5.1 or :Section 5, grant a cercJt1cate ;fn the furm and conditions as may be prescribed. Rc:vocatlon of certifie$ltes If the Certification Agency is satisfied, either on a reference made to it or otherwise, that: 9.1 the certificate granted by it under Section 8 was obtained by misrepresentation as to an essential fact or, 9.2 the holder of the certificate, without reasonable cause, failed to comp}~ with the conditions subj ect to which the certificate was granted• or contravened any of the provisions of this act or the rules made hereunder; then, without prejudice to any other penalty to which the holder of the certificl¾te may be Jlflble uOder this: Act: the ccrtificatfon agency may, after giving the holder of the certificate an opportunity of showing cause, revoke the certificate, 10 Appeal 10.1 Any per$on aggrieved by a decision of the ce,tiiication agency undet Se:ction 8 or 9 may, within thirty days from the date on which th¢ decision is communicateP. to him and on' payment Of prescrib6d fees, prefer ail appeal to such authOrity . as may ?,r specified by the Ministry of Agriculture on bis behalf; provided. that the appellate authonty may entertain an appeal even afi~r ~,. expiry of thirty days, if it is satisfied that the appellani was prevented by sufficient cause frorn filing the appeal in ti.me. 10,2 On receipt of an appeal under Sub-Section 10.l, the agpellate authority shall, after giving the appellant an opportunity of being heatd, dispose of the appeal as expeditiously as possible, . l 0.3 Every order of the appellate authority under this section shall be final. 11 RJ!cognitlon of Foreign Seed Certification Agencies On the recommendation of tl\e Board, the Ministry of Agriculture m.iy, by notificatlon, r,ecugui:ti: a seed ,~erti:fioc.tion aG,ency established in any foreign country, for the purpose ofthi, Act, CHAPTERV CENTRAL SEED TESTING LABORATORY 12 Central Seed Testing Laboratory The Ministry of Agriculture may, by notification, establi,sh a Central Seed Testing Laboratory or de:cl;u-e any seed·-te;.;tiog laboratory as the Central Seed Testing Laboratory for the purpose of this Act. It shall perfonn the following functions: 12.1 Analysis of samples sent by the Certification Agency for' the purpose of certification to meet the presc:ribt:d· minimum Seed standards. t 2.2 To analyze and communicate the results of the seed '5'MOpfos Sent by Se.ed Inspectors under Section 16. 13 Referee Seed Testing Laboratory The Ministry of Agriculture may, by notification. establ ish a Referee Seed Testing Laboratory or declare uny seed-testing laboratory as the referee laboratory for the analysis of the seed samples sent to lt under Section 17. CHAPTER VI ENFORCEMENT AND PENAL TIES 14 Seed lnspector.s 14. l The Ministry of Agriculture may, by notification, appoint Such persons having the prescribed qualifications to be Seed Inspectors and de.fine the areas within which they shall exercise jurisdiction. 14.2 A Seed Inspector shall be a public servant and shall be officially subordinate to such ai.1thority a,3 the Ministry of AgriCulture m.:iy notify. 15 Powers of Seed Inspectors The Seed Inspector may: 15. l take sample of any seed of any notified kind or variety from, a) any person selling such seed; or b) any person who is in the course of conveying, deliveiling or preparing to deliver such seed to a purchaser or a consignee~ or c) a purchaser or a consignee aiter delivery o.r such seed to htm, 15.2 enter and search at all reasonable times; any building p remi'ses or structure. in which h.e believes that the eviden~e Of r,Ornmi.<:i'linn of an offence under this Act is likely to be found, after obtaining a search warrant from the nearest court of law. 15.3 order in writing the person ln possession of ar1y seed iri i-esp~'ct of which the offence has been ~t is being committed, not to dlsl)Ose of any stock of such seed for a specific period not exceeding \hirty days or, unless thl! alleaed l;'lffence is such that the defect may be removed by the possessor of the· seed) seize the stock by giving receipt. 15.4 ex.amine any record, register, document or any other material object found in nny p1tice mentioned in Sub-Section 15.2' above and seize the same, if he has reason to btilieve that it lnay be helpful in establishing the commission of an offence punishable under this Act. He shall however infonn the appropriate/designate authority of such seizure. 15.5 \,reak-open any container in which any seed of any notified kind or variety may he contained or the door of any· premises. ~,here any such seed may be kept for sale; provid"d that the power to break-open the door shall be exercised only atler the owner dr any other person in occupation of the premises, refuses to open the door on being called upon to -do 'SO. 15.6 exercise sllch other powers as may be necessary for carrying out the funvtion5 a.ssigned under this Act. 16 Procedures of seed inspection 16.1 Whenever a Seed Inspector intends to take a sample of any ,seed of any notified kind or variety for analysis, he shall: a) give notice in writing of such intention to the pernon from whom he intends to take Sample; b) take three representative samples in the prescribed nianner and mark and seal or fasten up each sample in suCh manner as its nature may pennit. lti.2 Out of three samples taken under -Sub-Si::1.:don 16.1, t1ie Seed Inspector shall: a) ct~liver one sample to the person from whom it has been t~ken~ b) send in the prescribed manner one sample for a~alysis ~o the Central Seed Testing Laboratory for analysis; and c) retain the third sample in the prescribed manner for production in case any legal proceedings are taken under Sub-Section 17.3 of Section 17. 16.3 When a Seed Inspector .takes any action under Sub-Section IS. I of Section 15, he shall: a) ascertain whether or not any of the provisions of Section 6 has been contravened and if it is observed that the seed does not contravene the provisions of this section, he shal1 revoke the order passed and takt; ~Ul:)1 ai.:tiun a::; 111ay Le ncl.i:;.s,5zu-y fot: the return of seized stock; ' b) without 9rejudlce to the institution of any prosecution and on being &at.is.tied. that the possessor of the seed has rectified\ the defect, \f the alleged offence· is such that the defect ma,< be rectified by the possessor, revoke the order forthwith passed under this Act. 17 Repur-( uf St:t:d Te~ting Laburntory 17.1 After the receipt of samples under Sub•Section 16.2 of Section 16 in the laboratory, the analysis shall be done following the stahdard procedure. One copy of the analysis report shall be sent to the Seed Inspector and another copy to the person from whom the sample has been taken. 17.2 lf the report of the Central Seed Testing Laboratory reveals that the seed sample does not confonn to the prescribed seed i.tand::i.td!;, thr. ve.nrlor tn-1-Y be prosecuted in a court of law. 17.3 On request and upon payment of prescribed foe by tho accused, the sample mentioned under Sub-Section 16.2(c) of Section 16 can be sent to a designated referee laboratmytbr am1ly!ib by' tl1c court, proVi.ded it is satisfied tha t the sample is intact and- is ;,,not ternpered with. Such sample shall, be di.Spatched under the seal of court. 17.4 The report submitted· by the referee laboratory under Sub-Sec tion 17. 3 shall be tin al. 18 Penalty 13.1 If any person a) contravenes any provision of this Act or any rule made there under; or b) prevents a Seed Inspector from taking a sample under this Act; or c) prevents a Seed Inspector from exercising any other power conferred on him by or under this Act; 18.2 A person, who commits an offence against this Act, shall be liable. on convictipn thiough a court process, to imprisonmept or tines as per the rules oftb.e Ministry of Agriculture. 19 Forfeiture of Property When a person has .be-en ~onVicted under· this Act. the see<l in respect of which the c~ntraven~1o n .11.as been <:ommtuect may· oe forfeited to the Ministry of Agriculture or its designated organization. 20 Liability of Seed Inspector 20. l A Seed Inspector sha11 not be liable for anything done by him in good faith for the purposes of enforcing this Act or othfirwise acting in the course of duty. · 20.2 A Seed Inspector, who wrongfully and without reasonable cause seizes seeds, records or 1,my other material, shall be punishable in accordance with the Royn1 Civil Service Rules. CHAPTER VII MISCELLENOUS 21 Genera.I rowers sanctioned to Ministry of AttricuJturC 21.1 The Milli$'try of Agriculture may issue separate rules regulating the import and export of seed and other planting materials. 2 l.2 The Ministry of Agriculture may make suitable rules for the effective implement.a'ltion of the provisions of this Act. 22 l.-enetk resources The Seeds Act of Bhutan, 2000 does not cover the issue of genetic resourc:e~. ThP. Ministry of Agriculture shall issue rules regul\lting the collection, import, export and exchange of gertetic resources,