Agriculture Department,

Uttar Pradesh

Pardarshi Kisan Seva Yojna,

Kisan ka Adhikar Kisan ke Dwaar

Seed

14. Powers of Seed Inspector

  • The Seed Inspector may –
    • Take samples of any seed of any notified kind or variety from-
      • Any person selling such seed; or
      • Any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee; or
      • A purchaser or a consignee after delivery of such seed to him;
    • Send such sample for analysis to the Seed Analyst for the area within which such sample has been taken;
    • Enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days or, unless the alleged offence is such that the defect may be removed by the possessor of the seed, seize the stock of such seed;
    • Examine any record, register, document or any other material object found in any place mentioned in clause (c) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act; and
    • Exercise such other powers as may be necessary for carrying out the purposes of this Act or any rule made there under.
    • Where any sample of any seed of any notified kind or variety is taken under clause (a) of sub-section (1), its cost, calculated at the rate at which such seed is usually sold to the public, shall be paid on demand to the person from whom it is taken.
    • The power conferred by this section includes power to break-open any container in which any seed of any notified kind or variety may be contained or to break-open the door of any premises where any such seed may be kept for sale;
      Provided that the power to break-open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein, refuses to open the door on being called upon to do so.
    • Where the Seed Inspector takes any action under clause (a) of sub-section (I), he shall, as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures on a memorandum to be prepared in the prescribed form and manner.
    • The provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said Code.

15. Procedure to be followed by Seed Inspectors

  • Whenever a Seed Inspector intends to take sample of any seed of any notified kind or variety for analysis, he shall-
    • Give notice in writing, then and there, of such intention to the person from whom he intends to take sample;
    • Except in special cases provided by rules made under this Act, take three representative samples in the prescribed manner and mark and seal or fasten up each sample in such manner as its nature permits.
  • When samples of any seed of any notified kind or variety are taken under sub-section (I), the Seed Inspector shall-
    • deliver one sample to the person from whom it has been taken;
    • send in the prescribed manner another sample for analysis to the Seed Analyst for the area within which such sample has been taken; and
    • retain the remaining sample in the prescribed manner for production in case any legal proceedings are taken or for analysis by the Central Seed Laboratory under sub-section (2) of section 16, as the case may be.
  • If the person from whom the sample have been taken refuses to accept one of the samples, the Seed Inspector shall send intimation to the Seed Analyst of such refusal and thereupon the Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Seed Inspector who shall retain it for production in case legal proceedings are taken.
  • Where a Seed Inspector takes any action under clause (c) of sub-section (I) of section 14’
    • he shall use all despatch in ascertaining whether or not the seed contravenes any of the provisions of section 7 and if it is ascertained that the seed does not so contravene, forthwith revoke the order passed under the said clause or, as the cause may be, take such action as may be necessary for the return of the stock of the seed seized;
    • if he seizes the stock of the seed, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof;
    • without prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the seed, he shall, on being satisfied that the defect has been so removed, forthwith revoke the order passed under the said clause.
  • Where as Seed Inspector seizes any record, register, document or any other material object under clause (d) of sub-section (I) of section 14, he shall, as soon as may be, inform a magistrate and take his orders as to the custody thereof.