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Krishi Utpadan Mandi Samiti and ors. Vs. Pillibhit Pantnagar Beej Ltd. ...

Court : Supreme Court of India

Reported in : 2004(1)AWC605(SC); JT2003(9)SC548; 2003(10)SCALE43; (2004)1SCC391; (2004)1UPLBEC855

..... secretary, government of uttar pradesh to the commissioner, trade tax department, government of uttar pradesh directing that instructions be issued to the taxation officers that when the growers or the distributors (sic) certification machinery sell the seeds in sealed containers after producing themselves after certification along with the tag of the uttar pradesh certification agency affixed as under the central seed act, 1966 then in such circumstances, no liability of purchase tax is attracted under section 3 aaaa(4). ..... it is not in dispute that the respondents are engaged in production and sale of 'seeds' which is governed by a parliamentary act, known as the 'seeds act, 1966' (1966 act). ..... laws governing seeds business:2.1 the seed industry for production and sale is regulated under the seeds act, 1966 and rules and seed control order, 1983. ..... the breeder seeds ar sown and are germinated under strict supervision of the statutory seeds certification agency, set up under the seeds act, 1966 (hereinafter referred to as 'the act'). ..... we have also referred to the objects and reasons for enacting the seeds act, 1966 and the seeds rules, 1968. ..... learned senior counsel appearing for the parties also drew our attention to the relevant provisions of the seeds act, 1966 (act no. .....

Seeds Man Association, Hyderabad and ors. Vs. Principal Secretary to G ...

Court : Supreme Court of India

Reported in : AIR2004SC1690; JT2004(2)SC247; 2004(2)SCALE385; (2004)9SCC56

..... in the affidavit filed in support of the writ petition, it is averred that seeds man association, hyderabad is an association registered under the societies act for looking after the interest and welfare of the members who are organizing seed production, processing and marketing seeds under the provisions of seeds act, 1966 and the seeds (control) order, 1983. ..... learned counsel for the appellants has submitted that the parliament has enacted the seeds act, 1966 to provide for regulating the quality of certain seeds for sale and for matters connected therewith and this act makes detailed provisions for regulating sale of seeds of notified kinds and varieties. ..... the purpose and object of seeds act, 1966 enacted by the parliament and the seeds (control) order, 1983 made by the central government is entirely different, namely, to maintain the quality of seeds meant for sale. ..... the preamble of the seeds act, 1966 shows that it has been enacted to provide for regulating the quality of certain seeds for sale and for matters connected therewith. ..... the breeder seeds are sown and are germinated under strict supervision of the statutory seeds certification agency, set up under the seeds act, 1966 . ..... since the seeds are not meant for direct human consumption, they do not fall within the definition of the 'consumer seeds' as notified under the andhra pradesh (agricultural produce and livestock) markets act, 1966 (hereinafter referred to as 'the act'). .....

Sai Seed Agricultural Farms, Rep. by Its Prop. Sambari Shankar and ors ...

Court : Andhra Pradesh

Reported in : 1997(6)ALT32

..... was suspected to be spurious cotton intended for sale and that too, without licence and necessary documents and as such, they fall within the ambit of seeds act, 1966 and can be proceeded only in the manner indicated under the seeds act, 1966 and the rules titled 'seeds rules, 1968' and that the prosecution launched under seeds (control) order, 1983, which had been promulgated in exercise of the powers contained under section 3 of the essential commodities ..... which reads as follows:'2(11) 'seed' means any of the following classes of seed used for sowing or planting -(i) seeds of food crops including edible oil seeds and seeds of fruits and vegetables;(ii) cotton seeds;(iii) seeds of cattle fodder;(iv) jute seeds, and includes seedings, and tubers, bulbs, rhizomes, roots, cuttings, all types of grafts and other vegetatively propagated material, of food crops or cattle fodder;'reading the scheme of seeds act, 1966 leaves no doubt that the special act has been enacted only for ..... the purpose of ensuring the quality of the seeds for .....

iTC Zeneca Limited, Sec'bad Vs. Govt. of A.P. and others

Court : Andhra Pradesh

Reported in : 2000(6)ALD76; 2000(5)ALT427

..... but, they dispute their liability to pay market fee on the premise that the seeds meant for germination are not the agricultural produce and their transactions are governed by the seeds act, 1966 (a central enactment), hereinafter referred to as the 'seeds act' and not under the a.p. ..... 10, appeal against action under section 10 is provided under section 11, analysis under section 12, for effectual implementation of the act, seeds inspectors are to be appointed under section 13 and empowering them to take samples, and for that purpose exercise all incidental powers under section 14, penal provisions under sections 19 and 20, are the salient features of seeds act and seeds act does not touch upon the payment of any fee akin to market fee or entitlement to levy and collect ..... their common stand is that after the seeds are treated chemically, are preserved for sale for germination purposes after satisfying the requirements of the seeds act and rules framed thereunder including that of conforming to the standards set under the above statute and the rules, they are obliged to take the permission from the authorities under the seeds act and are not obliged to take any permit or pay market fee under the ..... exigibility of market fee on the sale of seeds, which are inedible and meant for germination under the provisions of the andhra pradesh (agricultural produce and livestock) markets act, 1966 (hereinafter referred to as 'a.p. .....

C. Vidyasagar Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2003(2)ALD150; 2003(2)ALT216

..... the seeds act, 1966 (central act no. ..... analysis of the rival contentions:--the act of 1966 as initially enacted, provided only for establishment of state seed certification agencies to carry out the functions entrusted to them under the act. ..... the government of india, ministry of agriculture addressed a letter dated 23-12-1996 to the 2nd respondent stating that the central seed certification board is an apex statutory board constituted under section 8-a of the act to advice the central and state governments on all matters relating to seed certification and to co-ordinate the functioning of the agencies such as the 2nd respondent-agency; that the board at it's 13th meeting held on 13-6-1996 had taken some important decisions of far reaching significance ..... 54 of 1966 and the statutory obligations that the state seed certification agencies and the central seed certification board are ordained to perform; and having further regard to the impact of these agencies and the board, on the public and on public interest, it must be held that having regard to the functions mandated on them by the act, the public interest impact of thefunctioning of these agencies the composition of the governing boards of these agencies, these agencies do constitute instrumentalities ..... 54 of 1966) (for short 'the act') is an enactment for regulating the quality of certain seeds for sale and matters connected therewith. .....

Shakthi Seeds Pvt. Ltd. Vs. Dy. Commnr. (Ct) and anr.

Court : Supreme Court of India

Reported in : JT2007(9)SC288; 2007(8)SCALE431; (2007)6SCC176; (2007)7VST769(SC)

..... seeds' is defined in section 9 of the seeds act, 1966 (in short the 'seeds act ..... or label shall be responsible for the accuracy of the information required to appear on the mark or label so long as seed is contained in the unopened original container:provided, however, that such person shall not be responsible for the accuracy of the statement appearing on the mark or label if the seed is removed from the original unopened container, or he shall not be responsible for the accuracy of the germination statement beyond the ..... no 604 dated 9.4.1981, the claimant should establish and prove that the seeds in question are certified seeds as well as truthfully labelled seeds and that the appellant-dealer has failed to adduce any satisfactory material and evidence to establish these two conditions for ..... the appellant had clarified its stand as follows:in this regard, we would like to bring to your kind notice, that we have purchased processed chilli seed, paddy seed and sunflower seed from farmers, and not chillies, paddy or sunflower commodities. ..... act 6 of 1957) the governor of andhra pradesh hereby exempts from the tax payable under the said act the sales or purchases of all varieties of certified and truthfully labelled seeds for agricultural purposes.sales of certified and truthfully labelled seeds in the course of ..... issued orders exempting from the tax payable under the a.p.g.s.t.act the sales or purchases of all varieties of certified and truthfully labelled seeds for agricultural purposes. .....

R.S. Arora Vs. State

Court : Delhi

Reported in : 1986(11)DRJ314

..... 3 of the essential commodities act, 1955 and not under the seeds act, 1966 and the scope and the fields of the two are quite different and distinct from each other, inasmuch as the provisions of this order pertain to the great/refusal/renewal of the license and its period of validity or with the dealers displaying the stocks and price-list whereas the seeds act and the rules made there ..... under talk of altogether other things including the standard of the seeds ..... the learned magistrate ordered the issuance of notice under section 250 of the code after rejecting the application of the petitioner for discharge in the complaint filed under sections 7/19 of the seeds act, 1966 (in short the act). ..... the aforesaid period of 30 days stood amended in view of the time limit of 60 days prescribed for the analysis in section 14 of the seeds control order, 1983 issued by the government of india, ministry of agriculture (department of agriculture and cooperation) dated 30-12-1983 issued under section 3 of the essential commodities act, 1955 which reads as follows : - 'time limit for analysis the laboratory to which a sample has been sent by an inspector for analysis .....

Ms. National Seeds Corpn. Ltd. Vs. M. Madhusudhan Reddy and anr.

Court : Supreme Court of India

..... and the district forums mainly on the following grounds: (a) the district forums did not have the jurisdiction to entertain complaints filed by the respondents because the issues relating to the quality of seeds are governed by the provisions contained in the seeds act, 1966 (for short, `the seeds act') and any complaint about the sale or supply of defective seeds can be filed only under the seeds act and not under the consumer protection act, 1986 (for short, `the consumer ..... 23.it can thus be said that in the context of farmers/growers and other consumer of seeds, the seeds act is a special legislation insofar as the provisions contained therein ensure that those engaged in agriculture and horticulture get quality seeds and any person who violates the provisions of the act and/or the rules is brought before the law and punished. ..... learned counsel emphasized that the seeds act is a special legislation enacted for regulating the quality of seeds and if the respondents had any grievance about the quality of the seeds then the only remedy available to them was to either file an application under section 10 of the seeds act or to approach the concerned seed inspectors for taking action under section 19 read with section 21 of that act. ..... section 2 of the seeds act contains definitions of various terms including central seed laboratory, certification agency, committee, seed, seed analyst, seed inspector and state seed laboratory. .....

S.A. Jayanarayana and ors. Vs. State of Karnataka, by Its Seed Inspect ...

Court : Karnataka

Reported in : ILR2003KAR2395

..... petitions filed by different petitioners pertain to the prosecution of the petitioners for having committed the offence punishable under section 19(a) of the seeds act, 1966 (hereinafter referred to as 'the act') by the respective assistant director of agriculture and seeds inspector. ..... court has already noted, our country is mainly an agricultural based country and, no doubt, quality seeds are the essence for growing good crop and a such the authorities under the act are empowered to take action against the erring seed producers or the seed sellers, who produce and sell sub-standard seeds to the innocent and mostly illiterate farmers. ..... in the present case also, having looked into the provisions of the act especially section 8 which provides for setting up a certification agency by the central or the state government and section 9 of the act which provides for grant of certificate by the certification agency as to the seeds conform to the prescribed standard as well as rule 17 of the rules make it quite clear that as the certificate issued by the certification agency protects the accused from any prosecution as ..... were received at the earliest, the filing of the complaints is belated, in the sense, by the time the complaints were filed before the learned magistrate or the sessions judge, the shelf life of the seeds had expired and especially even after the issuance of the summons, as per section 16(2) of the act the accused could not exercise the statutory right provided under the .....

Shailaja Vs. State of Karnataka

Court : Karnataka

Reported in : 2002CriLJ761; 2002(1)KarLJ247

..... the seeds act, 1966, was to regulate the quality of seeds sold, by providing for compulsory labelling and voluntary certification as well as to maintain the quality of seeds. ..... as per section 6 of the seeds act a specific minimum limit of germination and purity is fixed as well as the mandatory requirement of mark or label to indicate such seed conforms to the minimum limit of germination and purity ..... as per section 19 of the seeds act which is the penal provision, the maximum punishment prescribed is fine of rs ..... thus, in my view, 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 ..... 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. ..... on receipt of the same, as the analyst reported that the seeds were found to be sub-standard as not meeting the minimum requirement or conditions, the seeds inspector has proceeded to prosecute the petitioner in the present case. ..... no doubt, in the present case, seeds were seized on 5-6-1997 and immediately thereafter they were subjected to ..... on inspection of his shop on 5-6-1997 by the seeds inspector, samples of maize were seized after following due procedure and the same were sent to the analyst for seed analysis at dharwar. .....