The Gujarat Cotton Seeds (Regulation of Supply, Distribution. Sale and Fixation of Sale Price) Act. 2008.

Extra No. 21 REGISTERED No. G/G)..'R/2 
'Cltbt d9ujarat d9obtmment @a;tttt 
EXTRAORDINARY 
PL"BLISHED BY AUTHORITY 
Vol. XLIXJ TUESDAY, SEPTEMBER 30, 2008/ASVINA 8, 1930 
10of 1955. 
54 ofl006. 
Separate paging is given to this Part i11 order thnt it mav be filed as a Separate Compilation. 
PART IV 
Aces of Gujara t Ugisl ature and Ordilw> ces prom ulgated and 
Regulations mad e by the Governor. 
The follo\\ing Ac1 of the Gujarat Legislruure. ha\ing been asscotoo to b) the 
Go\·emor on the 30 September. 2008 i~ hereby published for general information. 
H. D. VYAS, 
Secretary to the Government of Gujarat, 
Legislati\'e and Parliamentary Affairs Dcpartm~>nt. 
GUJARAT ACT NO. 20 OF' 2008. 
(First pubhshed. after having received the assent of the Governor, in the "Gujarat 
Go~-emmenr Gazene" on the 3011 September, 2008). 
AN ACT 
to regulate the supply. distribution, sale and fixation of sale price of canon seeds and for 
the maners connected there\\ith and incidental thereto. 
WHEREAS cotton seeds of certain \'arieties arc not notified under section 5 of 
the Seeds Act. 1966 and consequently no sale of such seeds are regulated under section 
7 of the said Act, 
AND WHEREAS cotton seeds is not · an essentjal commodity within the 
meaning of the Essential Commodities Act. 1955 as amended by the Essential 
Commodities (Amendment) Act. 2006; 
IV-Ex., 21-1 21-1 
Short title 
and commtn-
CHn~nL 
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21-2 GUJARAT GOVERKME\T GAZE! IE, EX,. 30-9-2008 {PART IV 
A.~"D WHEREAS the provisions of lhe Seeds (Control) Order, 1983, issued 
under section 3 of the Essential Commodities Act, 1955 arc not applicable in so far as 10or1~. 
they relate to lhc cotton seeds with effect from 12'h February. 2007; 
AND WHEREAS there is no provi sions in the Enviromn cnt (Protection) AcL, 
1986 to regulate the supply, distribution and sale of transgenic and genetically modified 29ofI980 . 
cotton seeds and to control the sale price of such cotton seeds in the State; 
A. '10 WHEREAS the traders in cotton seeds including transgenic cotton seedJ> 
are exploiting poor farmers by collecting exorbitant price; 
A. ~D \\ HEREAS there IS oo provision to regulate the supply. distribution, sale 
of cotton seeds and to control the sale price of such cotton seeds in the State; 
Ai'1D WHEREAS it bas become imperative on the part of the State Government 
to reglllate the supply, distribution and sale of cotton seeds by fixing the sale price in the 
interests of the farmei:s in the State. 
It is hereby enacted in the Fifty-ninth Year of the Republic of India as follows: -
1. (1) This Act may be called the Gujarat Cotton Seeds (Regulation of Supply, 
Distribution. Sale and Fixation of Sale Price) Act. 2008. 
(2) It shall be deemed to ha'e come into force on I !Ill June. 2008. 
Ddiaiboas. 2. In this AeL unless the context othen.nsc requires,-
(!) '·Agronomic Performances" means distinguishable agronomic qualitative and 
quantitative characteristics of any conon seeds variety considered for evaluation of 
performance as claimed by the producer on label; 
(2) "Controller" means the Cotton Seeds Controller appointed under section 3; 
(3) "Cotton Seeds" means cotton seeds of any variety and includes transgenic and 
genetically modified cotton seeds varieties used for sowing; 
(4) -·Farmer" means any pcr:.on "'<ho raise..~ cotton crops dther by cultivating the 
land by himsdf or through any other person but shall not include person- , companies . 
traders, dealen; who arc engaged in the commercial procurement and sale of seeds; 
(5) ··Misbranded .. the seeds >hall be deemed to be misbranded, if -
(i) it is a substitute for, or resembles in a manner likely to deceive, another 
variety of seed under the name of which it is sold, and is not plainly and 
conspicuollSly labe!cd so as to indicate its true nature; or 
(ii) it is falsely stated co be the produce of any place or country: or 
(iii) it is sold by a name which belongs to another kind or variety of seeds; or 
(iv) false claims are made for it upon the label or othel'\\ise; or 
(v) i.old in a package which bas been sealed or prepared by, or at the 
instance, of the dealer and which bears his name and address, the contents of 
each package are not conspicuously and correctly stated on the outside thereof 
within Lhe limits of variability prescribed under this Act; or 
(vi) the package containing it or the label on the package bears any statement , 
design or device regarding the quality of cotton seeds contai ned therein, which is 
false or misleading in any material particular or if the package is otherwise 
deceptive with respect oi ns contentS: or 
54 ofl966. 
10 ofl'5S. 
29 ofl986. 
PART IV] GUJARAT GOVbRNMENT GAZETTE, EX,. 30-9-2008 21-3 
(vii) it is not registered in the manner required by or under the provisions of 
this Act; or 
(viii) its label does not contain a warning or caution, which may be necessary 
and sufficient, if complied with to prevent risk to human beings or animals; or 
(ix) the package containing it or the label on the package bears the name of a 
fictitious individual or company as the dealer of the kind or variety; or 
(x) it is not labeled in accordance v.ith the requirement of the provisions of 
this Act or the rules made thereunder; 
(6) "prescribed" means prescribed by rules made under this Act; 
(7) ''producer" means a person, group of persons, firm or company or organisation 
who grov.-s or organises the production of canon seeds: 
(8) "Spurious Seeds- means the cotton seeds "'hicb is not genuine or true to its 
type; 
(9) "State Seeds Test ing Laboratory" means a I aboratory established or declared as 
such by the State Government by a notification published in the Official Gazette: 
(10) ''sub-standard seeds" means conon seeds which does not meet with the 
prescribed standards for the cotton seeds; 
(11) '·Transgenic Variety" means seeds or planting material synthesised or developed 
by modifying or altering the genetic composition by means of genet ic engineering; 
( 12) "V aricty" means a plant grouping except micro-organi~m within a 
single botanical taxon of the lowest known rank. which can be -
(i) defined by the expression of the cbar<1eteristics resulting from a given 
genotype of that plant grouping; 
(ii) distinguished from any other plant grouping by expression of at least one 
of the said characteristics; 
(iii considered as a unit v.ith regard to Its suitability for being propagated 
which remains unchanged after such propagation; 
and includes propagating material of such variety, extant variety, transgenic 
variety, farmers ' variety and essentially derived variety; 
(13) The words and expressions US<.~ in this Act but 001 defined shall have the same 
meaning assigned to them in the Seeds Act, 1966, the Essential Commodities Act, 1955, 
Seeds (Control) Order, 1983 issued there under and the Environment (Protection) Act, 
1986. 
3. The State Government may, by notifica tion published in the Official Gazelle, Appointment 
appoint an officer to be the Conon Seeds Controller for the State. or Controller. 
4. {l) Subject to the conrrol of the State Government, the ControUcr, if it appears to Powers or 
him to be necessary or expedient for regulating. maintaining or increasing the supply or Controller. 
distribution or sale of cotton seeds, may, by order in writing, -
{a) require any person holding stock of cotton seeds to sell the whole or 
specified part thereof at such prices as may be fixed by the State Government 
from time to time aod to such persons in such circumstances as may be specified 
in the said order; 
License ror 
vendor. 
Functions of 
Controlle r. 
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:!1-4 GLJARAT C.OVERX\fE'IT GAZETTE, EX .. 30-9-2008 [PARTlV 
(b) require any person engaged in the supply, distribution and sale of conon 
seeds to comply with such directions as may be specified in the order as to the 
variety, quality or quant ity of the cotton seeds to be sold or delivered by him 
from time to time. 
(2) Any person to v.iiom an order is issued under sub-section {I) shall comply with 
such order. not\\ithstanding anything inconsis tent there\\;th contained in any contract or 
other instrument to which he !s a pany. 
5. (1) Every person desirous to carry on the business of sale in corton seeds shall 
apply to the Controll er for grant of licence in such form as may be presc ribed. 
(2) Such app lication shall be accompanied by such fees and such other documents . 
as ma} be prescribed. 
(3) The Controller shall, after making such enquiry as he deems fiL either grant the 
apphcation or TCJect it. 
(4) If the Controller grants the application, be shall issue a licence to carry on the 
business of sale in cotton seeds, subject to such tem1s and conditions and in such form 
a~ may be prescribed. 
6. The Controller appointed under this Act shall perform the following functions. 
oamel) :-
(a) a=ge for mandatory registration of cotton seeds finns which are 
engaged m the trade of cotton seeds duly indicattng the production 
aspects and areas of operation etc; 
(b) arrange for payment of compensation to the fanncrs; 
(c) advice the State Government on matters relating to regulation of sale of 
cotton seeds by way of compulsory D~A finger printing test or genetic 
purit~ test; and 
(d) such other matters as assigned to him by the State Government. 
St~" Sec<b 7. The State Government may in consultation with the Controller and by 
Tcs1ini notification in the Official Gazelle, -Laboratory. 
Compen~:t1ion 
to farmer"· 
(a) establish one or more State Seeds Tes ting Laboratories or declare any seeds 
testing laboratory in the Government or non-Government sector a.~ the State Seeds 
Testing Laboratory where analysis of cotton seeds shall be carried out in the prcscrib...'CI 
manner: 
(b) recogni:tc one or more seeds testing labora1orics as referral seeds testing 
laboratories for the purpose of referral analysis in the prescribed manner. 
8. (I) The prod ucer or distributor or vendor of cotton seeds or, as the case may be, 
whose address appears on the label shall disclose the expected performance of such 
sc...'CI~, under given conditions to the Controller and if ~uch seeds fails to provide the 
expected performance under si:ch given conditions. the State Gov .. -mment or farmer 
may claim compensation in such manner as may be prescribed. In respect of transgenic 
seeds alJ the conditions that are imposed by Genetic Engineering Approval Committee 
has to be complied. 
(2) In case the claim of expected performance is found fictitiOlL~, the producer 
whose address appears on the label. shall be responsible for payment of all such claims 
related to agronomic pcrfonnance as specified in sub-section (1). 
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PART fV) GUJARJ\ T GOVE&"JMENT GAZETTE. cX .. 30-9-2008 21-5 
(3) The compensation payable under sub-sections (I) and (2) shall be assessed and 
fixed by the comminee appointed for each agro-climatic zone separately, consisting of 
crop experts and representatives of the State Gowmment, as may be notified by the 
State Government. 
9. (I) The State Government may, by notification published in the Official Gazette, s-is 
appoint such person as it thinks fit to be Seeds Inspector and specify tbc areas within Inspector. 
which he shall exercise his jurisdiction. 
(2) The Seeds InspectOr, if he bas information that any person dealing in the trade of 
conon seeds has contravened any of the conditions issued by the Controller, or 
suspecting the quality of the cotton seeds or any person is about to commit an offence in 
respect of cotton seeds, he may enter in any premises for the purpose of search, and 
draw samples and detain or seize tbe stock of cotton seeds and records and after 
recehing the reports of Seeds Analysts, shall take all further actions in accordance v.ith 
the. p•ovisions of this Act. 
10. The State Government may, by notification published in the Official Ga::ette, 
appoint such person a:. it thinks fit, to be the Seeds Analyst and speci~ the areas ..._;thin 
which he shall exeTCise his jurisdiction. 
11. (1) The Seeds Analyst shall, as soon as may be after the receipt of the sample 
from the s~eds Inspector. analyse the sampk at the State Seeds Testing Laboratory and 
furnish a report on the result of the analysis to the Seeds Inspector. "'ithm thiny days of 
receipt of the sample to the laboratOry. 
(2) The Seeds Inspector shall on the basis of the report of the Seeds Analyst under 
sub-section {I). institute proceedings for the prosecution on the producer or. as the case 
may be, vendor of the said seeds. 
(3) After institution of prosecution under this Act, the accused producer or vendor 
or, as the case may be, the complainant rnay on payment of the prescribed fees, make an 
application to the Court for sending any of the sample retained with Seeds Inspector or 
producer or vend er as per discretion of Magistrate to any of the laborator)' referred to in 
section 7 of this Act, for its report. The Court shall first ascertain the mark or seal or the 
fastening as may be prescribed or the intact. On receipt of the application, the Court 
may dispatch the sample under its own seal to any of the referral laboratory specified 
for the pwpose. "'il.ieh shall thereupon send its report to the Court in the prescribed 
form specifying the result of the analysis within a period of thirty days from the date of 
reoeipt of the sample. 
( 4) The report sent by the referral laboratory under sub-section (3) shall supersede 
the report given by the Seeds Analyst under sub-section {I). 
(5) 'When the report sent by the referral laboratory under su!rsection (3) is produced 
in any proceedings, it shall not be necessary to produce any such sample or part thereof 
taken for analysis in any proceedings. 
AHlyst. 
R<port of 
Sftds AnatysL 
12. (I) The State Government may, after taking into consideration of tbe cost of Pow•r to 
production, etc. including trait value and other related factors wherever necessary, fix th• prict. 
obtained from various agencies concerned, fix maximum sale price from time to time, 
of all types of cotton seeds. 
(2) Every such price shall be published in the Official Gazeue and shall be effecti\'e 
from such date as may be specified therein. 
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21-6 Gt;JARA T GOV ERNME~'T GAZETTE, EX,. 30-9-2008 [PART IV 
Pn121Ua. 13. (I) If any person contravenes any of the provisions of this Act or the rules or 
the order issued to him by the Controller under this Act, he shall be punishable with 
imprisonment for a tem:1 which ma) extend to three years or with fine which may 
extend up to rupees five thou.c;and or "'ith both. 
(2) If any person commits any act of misbranding, sale of spurious and 
substandard conon seeds shall be punishable with imprisonment for a term which may 
extend to three years or with fine which may extend to rupees five thousand or with 
both. 
Offences by 14. (!)Whe re an offence under this Act or the rules thereunder has been commined 
companies. by a company, every person who, at the time the offence v:as committed, was in-<:harge 
of, and was responsible to the company, for the conduct ofthc business of the company, 
as \'lell as the company shall be deemed to be guilty of the offence and shall be liable to 
be proceeded against and punished accordingly : 
Provided that nothmg contained in th!s sub-section shall render any such person 
liable to any punishment provided in this Act if he proves that the offence was 
committed without his knowledge oc that he had exercised all due diligence to prevent 
the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (I), where an offence under 
this Act, has been committed by a company and it is proved that the offence has been 
committed with the consent or connivance of, or is attribut able to any neglect on the 
part of any director, manager, secretary or other officer of the company, such director, 
manager. secretary or other officer shall also be deemed to be guilty of that offence and 
shall be liable to be proceeded against and punished accordingly. 
E.rplanation - For the purpose of this section. -
(a) ··company" mct1.'1S a body corporate. and includes a firm or other 
association of pe:i.ons; and 
(bj "director~ in relation to a firm means a partner in the firm. 
C01:•aoncc 15. No coun shall take cognizance of any offence punishable under this Act except 
or offences. on a report in writing of the facts constituting such offence made by the Controller or 
any other authority authorized by him. 
Appeal . 16. (I) Any person aggrieved by a decision of the Controller under section 4 or 5 
Forfriture 
or cotton 
seeds. 
may. within thirty days from Lhc date on which the decision is communicated to him 
and on payment of such fees as may be prescribed, prefer an appeal to the State 
Government: 
Provided that the appellate authority may admit an appeal after the expiry of the 
said period of thiny days if it is satisfied that the appellant was prevented by sufficient 
cause from filing the appeal in time. 
(2) On receipt of an appeal under sub-section (1) the appellate authority shall, after 
giving the appellant an opportunity of being heard, dispose of the appeal as 
expeditiously as po:>sible. 
(3) Every order of the appellate authority under this section shall be final. 
17. When any person has been convicted for the contravention of any of the 
provisions of this Act or the rules made thereunder, the cotton seeds in respect of which 
the contravention has been committed may be forfeited to the State Government. 
45 ort860. 
Cuj. Ord. 
No. I of 
2008. 
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PART IV] GLJ \RAT GOVER.'-.~ffi.' T GAZE;ITF_ EX .. 30-9-2008 21-7 
18. Nothing in this Act shall apply to any cotton seeds grown by a fanner and sold Exemption. 
or delivered by him on his own premises directly to another farmer for being used by 
that farmer for the purpose of sowing. 
19. The Controller and all other officers appointed under this Act shall be deemed to Oflittrs to 
be a public servant \\ithin the meaning of section 2 I of the Indian Penal Code. M p•bhc 
SUVUL 
20. No suit, prosecution or other legal proceedings shall lie against the State 
Government or the Controller, the Seeds Inspector, the Seeds Analyst or an officer or 
employee of the State Government for anything which is done or intended to be done in 
pursuance of any of the provisions of this Act or rules made thereunder. 
2 I. The State Government may give such directions to th<! Controller. the Seeds 
lnspector or the Seeds Analyst as may appear to it to be necessary for carrying out the 
provisions of this Act or of any rules made thereunder. 
Protection 
of action 
taken in 
&O<>d faith. 
Powuor 
Statt Govern. 
mmt togt'-t 
direction s. 
22. ( 1) The State Government may, by notification in the Official Gazelle, make Power to 
rules for carrying out the purposes of this Act. m~ke rule>. 
(2) In particular and v.ithout prejudice to the generality of the foregoing power, such 
rules may provide for all or any of the matters, v.ilich under any pro'vision of this Act. 
arc required to be prescribed or to be pro'vided for b) rules. 
(3) All rules made under this section shall be laid for not Jess than thirty days before 
the State Legislarurc as soon as possible afler they arc made and shall be subject to 
rescission by the State Legislature or to such modification as the State Legislature may 
make during the session in which they are so laid or the session immediately following. 
(4) Any rescission or modification so made by the State Legislature shall be 
published in the Offic1al Gtcelte and shall thereupon take effect. 
23. (!) If any difficulty arises in giving effect to the provisions of th.is Act, the Power to 
State Government may, by order publi~hed in the Official Gazeue, make such remove 
provisions not inconsistent with the provisions of this Act, as appears it to be necessary diffi<ulty . 
or expedient for removing the difficulty : 
Provided that no order under sub-section (1) shall be made after the expiry of 
two years from the date of commencement of this Act. 
(2) Every order made under this section shall be laid. as soon as may be after it is 
made, before the State Legislature. 
24. (!) The Gujarat Cotton Seeds (Regulation of Supply, Distribution, Sale and R•p••l 
Fixation of Sale Price) Ordinance, 2008 is hereby repealed. •11d 
savings. 
(2) Notwithstanding such repeal, anything done or any action taken under the said 
Ordinance shall be deemed to bave been done or taken under th.is Act. 
Government Cenual Press. Gandlunagar. 

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