The East Punjab Improved Seeds and Seedlings Act, 1949

1949 : East Pb. Act XVII] IMPROVED SEEDS AND 423 SEEDLINGS THE EAST PUNJAB IMPROVED SEEDS AND SEEDLINGS ACT, 1949. TABLE OF CONTENTS. ig

(1) This Act may be called the East Punjab Improved Seeds and Seedlings Act, 1949. (2) It shall extend to the whole of the Territory of Chandigarh. It shall come into force on such date or dates in such areas as the Central Government may, by notification, appoint in this behalf, and different dates may be appointed for different areas.

In this Act, unless there is anything repugnant in the subject or context,— (i) "Improved Seed" means the seed approved by the Department of Agriculture; (ii) "Seedlings" means the plants raised from improved seed; (iii) "Occupier" means the person having for the time being the right of occupation of any land as defined in the Punjab Tenancy Act and includes any person in actual occupation of such land or his agent; (iv) "Authorised Agent" means an agent authorised to sell improved seeds and seedlings only on behalf of the Department of Agriculture.

In such areas to which this Act is applied— (a) improved seeds or seedlings only shall be used by each and every occupier; (b) the movement of improved seeds or seedlings from one area to another may be prohibited or restricted.

(1) For the purposes of this Act improved seeds and seedlings shall be made available for sale by the Department of Agriculture, through its authorised agents who shall stock for sale only improved seeds or seedlings. (2) An authorised agent shall not withhold improved seeds or seedlings to any occupier.

(1) Any officer of the Agriculture or of the Revenue Department, not below the rank of Agricultural Assistant or Naib-Tehsildar, as the case may be, may enter upon any land situated in the area to which this Act extends, for the purpose of ascertaining whether improved seeds or seedlings have been grown in the land or not. (2) Any officer of the Agriculture or of the Revenue Department, not below the rank of Agricultural Assistant or Naib-Tehsildar, as the case may be, may enter upon any land or premises owned, or occupied by an authorised agent, to inspect the seed sold by him or to inquire if he is withholding any seed from sale to any occupier or to search, as far as may be necessary for that purpose, the aforesaid land or premises.

(1) If any occupier of land within the area to which this Act applies is found growing a variety of any crop other than a variety approved by the Department of Agriculture, he shall be liable to punishment with a fine which may extend to Rs. 100. (2) If an authorised agent withholds from sale or wilfully refuses to sell improved seeds or seedlings he shall be punishable with fine which may extend to Rs. 500. (3) Any abetment of a breach of the provisions of this Act shall be punishable with fine which may extend to Rs. 100. (4) No prosecution for any offence under this Act shall be instituted except on a complaint in writing made by the Deputy Commissioner within whose jurisdiction the land is situated or by an officer specially authorised by him in this behalf.

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

The Central Government may from time to time make rules for the purpose of carrying into effect the provisions of this Act.

The East Punjab Improved Seeds and Seedlings Ordinance, 1949, is hereby repealed, but it shall not affect the previous operation of the said Ordinance and any Order made, action taken or thing done in the exercise of any powers conferred by or under the said Ordinance, shall, for all purposes, be deemed to have been made, taken or done in the exercise of powers conferred by this Act.