The Jammu and Kashmir Vegetable Seeds Act, Svt. 2009

Short title, extent and commencement.

1. (1) This Act may be called the Jammu and Kashmir Vegetable Seeds Act, Svt. 2009.
2. (2) It shall extend to the whole of the Jammu and Kashmir State.
3. (3) It shall come into force in the Kashmir Province from the date it is published in the Government Gazette and in any other part of the State from such date as the Government may, by notification appoint in this behalf and different dates may be appointed for different areas.

Definitions.--In this Act, unless there is anything repugnant in the subject or context--

1. (a) "Director of Agriculture" means Director of Agriculture, Jammu and Kashmir State;
2. (b) "export" means taking out from the area of the State in which this Act is in force to any place outside the area;
3. (c) "foreign matter" means foreign seeds and any matter other than the vegetable seeds;
4. (d) "foreign seeds" means seeds not of the type, variety and kind of the vegetable seed in which such seeds are contained;
5. (e) "prescribed" means prescribed by rules made under this Act;
6. (f) "registered seed dealer" means a seed dealer registered by the Director of Agriculture in the prescribed manner;
7. (g) "registered seed farm" means a seed farm registered by the Director of Agriculture in the prescribed manner;
8. (h) "registered seed grower" means a seed grower registered by the Director of Agriculture in the prescribed manner;
   • (i) "seed dealer" means a person engaged in or carrying out trade in vegetable seeds;
9. (j) "seed farm" means an area of agricultural land kept and fit for production of vegetable seeds;
10. (k) "seed grower" means a person who is engaged in production of vegetable seeds; and
11. (l) "standard quality" means the quality which vegetable seeds possess in respect of their viability, germination period, performance, weight and their being free from foreign matter and foreign seed.

Regulation of sowing of vegetable seeds of standard quality in areas in which Act is in force.--In an area in which this Act is in force, the Government may regulate the cultivation and production of vegetable seeds of standard quality and for this purpose make arrangements for the registration of seed farms in the manner prescribed by rules made under this Act and--

1. (1) no person shall keep or maintain a registered seed farm unless he is a registered seed grower;
2. (2) no registered seed grower shall sow in a farm seeds which are not of the type, variety and kind approved by the Director of Agriculture for such farms or class of farms;
3. (3) no registered seed grower shall sow in a farm vegetable seeds unless he has produced before the Director of Agriculture proof of procurement of the seed;
4. (4) no registered seed grower shall sow vegetable seeds in a farm or land other than a registered seed farm; and
5. (5) no registered seed grower shall sow vegetable seeds except at the prescribed distance from the nearest boundary line of registered farms mentioned below:
   • (i) All varieties and types of cabbage, cauliflower, knol-khol, brussel sprout One hundred yards
   • (ii) All varieties and types of taka (including wild carrot), parsnip, swedes, mangels, turnip, turnip rape, radish, spinach, cress Four hundred yards
   • (iii) All varieties and types of lettuce, onion, leek, tomatoes, capsicum, chillies, brinjals, parsley Fifty yards

Regulation of stocking, sale and export of vegetable seeds of standard quality in areas in which Act is in force.--

1. (1) In an area in which this Act is in force, the Government shall regulate stocking, sale and export of vegetable seeds of standard quality produced in a registered seed farm and for this purpose, make arrangement for the registration of seed dealers in the manner prescribed by rules made under this Act and in such areas--
   • (i) no person who is not registered seed grower or registered seed dealer shall export vegetable seeds and no person who is not registered seed grower or registered seed dealer shall stock or sell vegetable seeds produced in a registered seed farm;
   • (ii) no registered seed grower or registered seed dealer shall sell or export vegetable seeds unless the consignment for sale or export is accompanied by a certificate prescribed in this behalf and in the case of export, an export permit prescribed in this behalf and issued by the Director of Agriculture or any person authorised by him in this behalf; and
   • (iii) no registered dealer shall sow, purchase, sell or export vegetable seeds which are not produced in a registered seed farm and are not of standard quality.
2. (2) Notwithstanding anything contained in this Act, the Director of Agriculture may appoint employees of the Agriculture Department as registered seed dealers in the parts of the Jammu and Kashmir State in which this Act is not in force, for selling locally vegetable seeds of registered seed farms, in order to meet the requirements of local population.

Registered seed grower to follow prescribed method of cultivation.--A registered seed grower shall follow the methods of cultivation of vegetable crops for production of vegetable seeds of standard quality as may be prescribed by rules under this Act. In making rules under this section the Government may be advised by a Committee consisting of the Director of Agriculture and four members--three elected by registered seed growers and one by registered seed dealers and the Director of Agriculture shall be the Chairman of the Committee.

Power to destroy or dispose of vegetable plants, crop or seeds not of standard quality in a registered seed farm.--If the Director of Agriculture is of the opinion that any vegetable plant or crop in the registered seed farm is not suitable for production of vegetable seeds of standard quality or seeds produced or stocked with a registered seed grower or the registered seed dealer are not true to registered seed grower and the shall comply with it within the grower or the registered seed plants, crops or vegetable seeds, as the case the Director of Agriculture on his authorised crops or seed seized and disposed of and recover the cost thus incurred seed dealers as arrears of land revenue.

Power to dispose of vegetable seed crop in a non-registered seed farm.--If the Director [of Agriculture is of the opinion that a] vegetable seed crop in a non-registered seed farm [contains] vegetable or vegetable seeds and not registered order is addressed shall the order.

Supervision, inspection etc. of vegetable seed crops by Director of Agriculture Supervision, inspection etc. of vegetable seed crops by Director of Agriculture.--The Director of Agriculture or his authorised representative on his behalf may supervise, inspect and advise upon vegetable seed crops and winnowing, cleaning and disposal of vegetable seeds raised at registered seed farms.

Power of the officers of Agriculture to enter upon land or premises and seize vegetable seeds of a registered seed grower or dealer which are not of standard quality.--(1) An officer of the Agriculture Department above the rank and grade of Seed Supervisor or Agriculture Inspector may, for effective enforcement of the provisions of this Act, enter upon any land, premises, vessel or vehicle in which vegetable seeds are grown, stocked or transit, situate in the area in which this Act is in force.

1. (2) An officer of the Agriculture Department above the rank and grade of Seed Supervisor or Agriculture Inspector may, if owned or occupied by a vegetable seed grower or dealer in which this Act is in force, to inspect the seeds exposed by him or for the purpose of verifying whether this Act or Rules made thereunder have been followed.

Price to be fixed by Government.--The Government shall fix, from time to time, the purchase and sale prices of vegetable seed raised at a registered seed farm.

Penalties.--Any person contravening the provisions contained in sections 3 and 4 or any person abetting a breach of such provisions and any person purchasing or selling vegetable seeds raised at a registered seed farm for prices other than those fixed by the Government under section 10 shall be liable to punishment with a fine which may extend to one thousand rupees.

Offence.--(1) No person for an offence under this Act shall be instituted except on a complaint in writing made by the Director of Agriculture in this behalf.

1. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1989, an offence under this Act shall not be tried by a Court with powers less than a Judicial Magistrate of the first class.

Bar of suit or other legal proceedings.--No suit, prosecution or any other legal proceeding shall lie against a public servant in respect of anything in good faith done or intended to be done under this Act.

Power to make rules.-(1) The Gav-t may make rules lltbr the of carrying into effect the provisions of this Act.

1. (2) ' In grmdar and without prqjuke to the @ity dthe fbrelgoingm rubs under this section may provide for-
   • (a) registration of seed fBt.mq seed growers and seed dealers ;
   • (b) description of vegetable seeds of standard quality ;
   • (c) description of type, variety and kind of land to be wxl for sbwing and pnodudion of vegetable seeds and typ, variety and kind of vegetable seeds to be mn in particular lands ; \
   • (d) mPnrrrinwkhvegdabls&d~dqdtyanddthe~ typeP varkty and kind are to be procured by registered powers and the way in which such seeds are to be produced be&xe the Diredm of Agrim to satisfy him that these are of standard quality or of prescribed type, variety or kind ;
   • (e) manner in which registered seed growers and regi&ered seed dealers shall maintain account of vegetable crop area productipn, stock, d&pod, purchase and sale of such seed, form of register to be maintain4 for tly purpose of ixtqx%%on of such register by the officers of the -nt of Agriculture ; the edge of the bed ; I of Ue &late fre and the nude of ia mllection ;] seeds of standard quality undet section 5 ;
2. (3) All rules made under this Act shall be praious publication. that a breach of the rule shall, when no other by punishable with fine which may ex3end to one