The Punjab Tissue Culture Based Seed Potato Act, 2020

  
 
 
 
 
The Punjab Tissue Culture Based Seed Potato Act, 2020 
 
Act 18 of 2020 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, NOVEMBER 6, 2020
(KARTIKA 15, 1942 SAKA)
( ciii )
LEGISLATIVE  SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab Tissue Culture Based Seed
Potato Act, 2020.
(Punjab Act No. 18 of 2020)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Notification No. G.S.R. 92/C.A.61/1986/S.
18/Amd./2020, dated the 15th October, 2020,
containing the draft rules, namely the Punjab
Child Labour (Prohibition and Regulation)
Amendment Rules, 2020.
Part - IV Correction  Slips,  Republications and
Replacements
Nil
                           ______
  157--172
..    593--600
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
PART I
DEPARTMENT OF LEGAL  AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICA TION
The 6th November, 2020
No.21-Leg./2020.- The following Act of the Legislature of the State of
Punjab received the assent of the Governor of Punjab on the  30th  day of
October, 2020, is hereby published for general information:-
THE PUNJAB TISSUE CULTURE BASED SEED POT ATO BILL, 2020
(Punjab Act No. 18 of 2020)
AN
ACT
to provide for regulating the quality of potato seeds produced through
tissue culture plants in aeroponics or nethouse and for matters connected
therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the
Seventy-first Year of the Republic of India, as follows:-
1.  (1) This Act  may be called  the Punjab Tissue Culture Based Seed
Potato Act, 2020.
(2) It shall extend to the whole of the State of Punjab.
(3) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2.  In this Act, unless the context otherwise requires,-
(a) “Agriculture” includes horticulture;
(b) "Appellate Authority" means Director, Department of Horticulture,
Punjab;
(c) “certification agency” means the Punjab State Seed Certification
Authority or any other such agency as may be notified by the State
Government;
(d) “Committee” means the Tissue Culture Based Seed Potato
Committee constituted under section 3 of this Act;
(e) "Licensing Authority" means the Department of Horticulture, Punjab
which shall issue the license for seed potato production through
157
Short title, exlent
and commence-
ment.
Definitions.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
tissue culture based aeroponics or nethouse facility in the State of
Punjab;
(f) “notified variety”, in relation to seed potato, means a variety thereof
notified under section 5 of the Seeds Act, 1966;
(g) “prescribed” means prescribed by rules made under this Act;
(h) "Schedule" means the Schedule appended to this Act;
(i) “seed potato” means potato minitubers or tubers raised through
tissue culture based aeroponics or nethouse technology and its
successive field generations used for sowing or planting;
(j) ''seed potato grower'' means the Farmer Producer Organisation
(FPOs) or Society or group of farmers or seed producing company
or individual grower;
(k) 'State Government' means the Government of the State of Punjab
in the Department of Agriculture and Farmer Welfare;
(l) “State Seed Laboratory”, means the State Seed Laboratory
established under sub-section (2) of section 4 of the Seeds Act,
1966 or any other laboratory notified as such by the State
Government; and
(m) "variety" means a sub-division or grouping of plants within the
cultivated potato identifiable by growth, yield, plant, fruit, seed or
other characteristics.
3.  (1) The State Government shall, as soon as may be after the
commencement of this Act, constitute a Committee to be called the Tissue
Culture Based Seed Potato Committee to advise the State Government on
matters arising out of the administration of this Act and matters related thereto
and to carry out such other functions as may be assigned to it by the
Government.
(2) The Committee constituted under sub-section (1) may appoint one
or more Sub-Committees consisting wholly of members of the Committee or
wholly of other persons or partly of members of the Committee and partly of
other persons, as it thinks fit, for the purpose of discharging such of its functions
as may be delegated to such Sub-Committee or Sub-Committees by the
Committee.
158
Tissue Culture
Based Seed
Potato
Committee.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
159
4. The specified minimum seed certification standards shall be as per
the Schedule appended to this Act.
5. The Punjab S tate Seed Certification Authority established under
Section 8 of the Seeds Act, 1966 or any other agency, as may be notified by
the State Government shall be the certification agency for certification and
traceability for such other purposes.
6.  (1) Any seed potato grower involved in the production, multiplication
of tissue culture based seed potato, if he desires to have such seed certified by
the certification agency, may apply to the certification agency for the grant of
a certificate for the purpose.
(2) Every application under sub-section (1) shall be made in such form,
and shall contain such particulars and shall be accompanied by such fees, as
may be prescribed.
(3) On receipt of any such application for the grant of a certificate, the
certification agency may, after such enquiry as it thinks fit and after satisfying
itself that the seed to which the application relates conforms to the minimum
seed certification standards specified for that seed under section 4 of this Act,
grant a certificate in such form and subject to such conditions, as may be
prescribed.
(4) The certification agency shall ensure full traceability of each certified
class of seed and that the material being initiated for producing mini-tubers is
of notified variety and confirmed identity, including all documentation with respect
to its origin.
7. If the certification agency is satisfied, either on a reference made
to it in this behalf or otherwise, that,-
(a) the certificate granted by it under section 6 has been obtained by
misrepresentation as to an essential fact; or
(b) the holder of the certificate has, without reasonable cause, failed to
comply with the conditions subject to which the certificate has been
granted or has contravened any of the provisions of this Act or the
rules made there under,  then, without prejudice to any other penalty
to which the holder of the certificate may be liable under this Act,
the certification agency may, after giving the holder of the certificate
an opportunity of showing cause, revoke the certificate.
Minimum seed
certification
standards.
Certification
agency .
Grant of
certificate by
certification
agency.
Revocation of
certificate.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
8. (1) Any person aggrieved by a decision of a certification agency under
section 6 or section 7, may , within thirty days from the date on which the
decision is communicated to him and on payment of such fees, as may be
prescribed, prefer an appeal to Appellate Authority:
Provided that the Appellate Authority may entertain an appeal after
the expiry of the said period of thirty days, if it is satisfied that the appellant
was prevented by a sufficient cause from presenting the appeal within the said
period of thirty days.
(2) On receipt of an appeal under sub-section (1), the Appellate Authority
shall, after giving the appellant an opportunity of being heard, pass such order
as it thinks fit.
(3) Every order of the Appellate Authority under this section, shall be
final.
9. The Additional Chief Secretary (Development) may, suo moto or
on the application of the person to a reference, call for and examine the record
of any proceedings in which no appeal under section 8 of this Act lies before
the Appellant Authority, as the case may be, for the purpose of satisfying
himself as to the legality or propriety of any decision or order passed and if in
any case appears to the Additional Chief Secretary (Development) that any
such decision or order should be modified, annulled or revised, the Additional
Chief Secretary (Development), as the case may be, may, after giving persons
affected thereby an opportunity of being heard, pass such order thereon, as he
may deem fit.
10.  (1) If any seed potato grower contravenes any of the provisions of this
Act or any rule made there under, he shall be liable,-
(a) to pay for the first offence with fine which may extend to fifty
thousand rupees, and
(b) in the event of such person having been previously convicted of an
offence under this section, to undergo imprisonment for a term which
may extend to six months, or with fine which may extend to one
lakh rupees, or with both.
(2) The Sub-Committee constituted under sub-section (2) of section 3
of this Act shall recommend the licensing authority to cancel the license and
Penalty.
160
Review of order.
Appeal.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
blacklist the person restricting him for dealing with any kind of seed production
for a minimum period of three years.
11. When any person has been convicted under this Act for the
contravention of any of the provisions of this Act or the rules made there
under, the seed in respect of which the contravention has been committed shall
be forfeited and destroyed.
12. No suit, prosecution or other legal proceedings shall lie against the
Government or any officer of the State Government for anything which is
done in good faith or intended to be done in good faith under this Act or the
rules made thereunder.
13.  (1) The State Government may, by notification in the Official Gazette
make rules for carrying  out the purposes of this Act.
(2)    In particular and without prejudice to the generality of the fore-
going power, such rules may provide, for all or any of the following matters,
namely:-
(a) the functions of the committee referred in section 3 of this Act;
and
(b) any other matter, which is to be or may be prescribed, under  this
Act.
(3) Every rule made under this section, shall be laid, as soon as may be,
after it is made, before the house of the State Legislature while it is in session
for a total period of ten days, which may be comprised in one session or in two
or more successive sessions and if, before the expiry of the session in which,
it is so laid or the successive sessions as aforesaid, the house agrees in making
any modification in the rules or the house agrees that the rules should not be
made, the rules shall thereafter have effect only in such modified form or be of
no effect, as the case may be, so however , that any such modification or
annulment shall be without prejudice to the validity of anything previously done
or omitted to be done under that rule.
14. If any difficulty arises in giving effect to the provisions of this Act,
the State Government may, by order,  published in the Official Gazette, make
such provision not inconsistent with the provisions of this Act, as appears to
161
Protection of
action taken in
good faith.
Forfeiture of
seed.
Power to make
rules.
Power to remove
difficulties.
PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
the Government to be necessary or expedient for the purpose of removing the
difficulty:
Provided that no such order shall be made under this section, after
the expiry of a period of three years from the date of commencement of this
Act.
SCHEDULE
(see section 4)
DRAFT OF MINIMUM SEED CER TIFICATION ST ANDARDS
FOR TISSUE CULTURE BASED SEED POT ATO
I. Application and Amplification of General Seed Standards for tissue
culture based potato seed
(a) The general seed standards are applicable to tissue culture raised
mini-tubers (G-0) multiplied through aeroponics or nethouse
conditions and further multiplied in the field for four generations
(G1-G4) as shown below:
Stages of 'T issue Cultur e Based Potato Pr oduction System'
Mother Plant
Multiplication through Tissue Culture (8-12) Cuttings/Subculture)
G0 Aeroponics G0 Net House
G1 Open Field G1 Open Field
G2 Open Field G2 Open Field
G3 Open Field G3 Open Field
G4 Open Field G4 Open Field
I.    Eligibility requirements for tissue culture based mini-tubers (G-0)
The mini-tubers to be eligible for certification shall be from a source
meeting the following standards aeroponics or nethouse facilities.
(i)  Laboratory and aeroponics or nethouse facilities used for production
of plantlets/micro-tubers or mini-tubers shall be maintained free of
potato pests or vectors of potato pathogens. Failure to keep such
pests under control may cause rejection of all lots maintained in the
facility. All potting or growth media shall be sterile. Water to be
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(KRTK 15, 1942 SAKA)
used in a laboratory or aeroponics or nethouse operation should be
free from impurities.
(ii) Hygienic conditions like maintenance of air purity , sub culturing
under laminar flow only , use of pure tissue grade chemicals for
media preparation, proper autoclaving of cultured media, proper
disposal of contamination etc. shall be strictly observed during micro
propagation, potting, planting, irrigating, movement and use of
equipment and other laboratory practices to guard against the spread
of diseases or pests in the facilities used for seed multiplication.
(iii) All micro propagation and aeroponics or nethouse facilities must be
approved by authorised S tate or Central Govt agency , as per the
standard/guidelines. These facilities must have a changing area
between the double doors.
(iv) The aeroponics facility used for mini-tuber production from micro-
plants shall be approved by Central Potato research Institute, Shimla
(v) The net house must be "insect proof" and be equipped with a double-
door entrance, provision for footwear disinfection prior to entering
the net house and insect proof ventilation screening on intakes and
exhaust openings. The persons entering the aeroponics or nethouse
facility should use Wellington boots (Plastic boots) and change lab-
coat in the changing area to reduce the chances of inadvertent
introduction of vector insects clinging to clothes.
(vi) The material being initiated for producing mini-tubers must be of
Notified variety and confirmed identity. It must be duly documented
with respect to origin.
(vii) The plants of a potato varieties being initiated for tissue culture
should be tested in an accredited laboratory for freedom from the
following PVA (Potato Virus A), PVS (Potato Virus S), PVM (Potato
Virus M), PVY  (Potato Virus Y), PVX (Potato Virus X), PLRV
(Potato Leaf Role Virus), PALCV (Potato Apical Leaf Curl Virus),
GBNV (Groundnut Bud Necrosis Virus), PSTVd (Potato Spindle
Tuber Viroid) entophytic and Phytoplasma or epiphytic bacteria and
fungi. Tests must be carried on a minimum of ten plantlets of each
variety selected at random. For virus testing ELISA or an equivalent
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(KRTK 15, 1942 SAKA)
method should be used, for viroid RT-PCR should be used, and for
fungi and bacteria light microscopy and culturing on media should
be used.
2. Sources of seed
(i) The tissue culture facility should use recognized aseptic
initiation and propagation procedures (i.e. follow procedures and
use equipment, which will maintain sterile conditions as per standard
tissue culture norms).
(ii) The initiating facility must maintain following information on
each variety for review and audit by the competent authority once
in a year: variety identification, date of initiation, origin and testing
results from accredited laboratory.
(iii) Tests must be carried out on a minimum of ten plantlets (lot
size as per SOP of Department of Biotechnology, GOI) selected at
random, for each variety by an accredited laboratory. No plant should
contain PVA, PVS, PVM, PVY , PVX, PLR V, PALCV, GBNV,
phytoplasma, PSTVd and other endophytic or epiphytic bacteria
and fungi.
(iv)  Valid pathogen testing results are required prior to the initiation
of micro tuber production cycle or planting of test tube plantlets in
the aeroponics or nethouse facility.
(v) Mini-tubers/micro-tubers shall be produced and multiplied from
approved source in vitro plants as per the requirements.
(vi) Aeroponics or nethouse produced mini-tubers must be certified
as G0 by the Punjab State Seed Certification Authority.
(vii) G0 shall be used for further production of G1 to G4 certified
classes of seed as prescribed in proposed seed standards. The
certificates shall be issued by the Punjab State Seed Certification
Authority.
II. Aeroponics or nethouse Environment Requirements
(a) All micro propagation and aeroponics or nethouse facilities must
meet the standards given above under eligibility requirements.
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(KRTK 15, 1942 SAKA)
(b) The soil used for mini-tuber production should not be infested with
pathogen and pests of potato, particularly the following:
• wart (Synchytrium endobioticum (Schilb.) Perc.) and or cyst forming
nematodes;
• brown rot (Ralstonia solanacearum (E.F . Sm.) E.F. Sm.) or non-
cyst forming nematodes within the previous three years;
• common scab (Streptomyces scabies (Thaxt.) Waks. & Henrici).
• Black scurf (Rhizoctonia Solani Kuehn).
(c) The nutrient medium used for aeroponics shall be prepared in clean
water free from all potato pathogens.
III. Inspection of Aeroponics or nethouse facility used for  production
of mini-tubers (G-0).
a. The seed potato grower must notify the competent authority
of his production plans 30 days prior to the recommended
planting date.
b. The crop must be grown from approved basic source in vitro
plants which were produced, in an aseptic environment.
c. The tissue plantlets in the aeroponics or nethouse facility will
be planted at 15x15cm and 30x15 cm, respectively.
d. A minimum of three inspections shall be made as follows:
i. The first inspection shall be made at 30-35days to verify growing
conditions, extent of disease infection and off types;
ii. The second inspections shall be made at 60-65 days after planting
to verify off types, disease infection if any and pathogen testing, on
a representative sample, comprising of 1% of the plants with a
minimum of 5 and a maximum of 25 plants sampled for each variety:
iii. The third inspection shall be made immediately after haulms cutting/
destruction in the net house crop in order to verify that haulms have
been cut/destroyed by the prescribed date and proper manner.
iv. In case the crop is grown under aeroponics, third inspection can be
after the crop has been finally terminated.
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
(KRTK 15, 1942 SAKA)
v. Effective sanitation practices including insect and disease monitoring
and prevention must be adhered to.
vi. The aeroponics or nethouse must be free from all potato and
solanaceous plant debris before planting.
vii. No field-produced seed potatoes (including pathogen tested clonal
selections), non-seed potatoes, nor any other solanaceous species
of plants can be grown in the net house while used to produce
minitubers.
viii. Varieties must be separated by appropriate partitioning of net house
to prevent varietal mixture.
ix. If testing performed by an accredited laboratory reveals the presence
of banned virus (es), fungus or bacteria, all the crops in the net
house will be ineligible for multiplication and the entire material will
be destroyed.
x. In the eventuality of detection of insect (particularly aphids, thrips
and white flies) vectors (for which yellow sticky traps should be
put at least at three places in the net house) by competent Authority,
the grower must provide post harvest test results to this authority. A
representative sample, representing each variety grown in the net
house must be post harvest tested and if the results are negative for
PVA, PVS, PVM, PVY , PVX, PLR V GBNV, phytoplasma, and
PALCV, the crop will be assigned G0 status or otherwise rejected.
IV.  Land Requirements
A crop of seed potato (G1-G4) shall not be eligible for certification if
grown on land infested with:
(a) Wart ( Synchytrium endobioticum  (Schilb.) Perc. And or cyst
forming nematodes;
(b) Brown rot (Ralstonia solanacearum (E.F. Sm.) E.F. Sm.) Or non-
cyst forming nematodes within the previous three years;
(c) Common scab (Streptomyces scabies (Thaxt.) Waks. & Henrici).
(d) Crop rotation schedule as per seed plot technique.
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(KRTK 15, 1942 SAKA)
V . Field Inspection
A minimum of four inspections shall be made as follows:
(a) the first inspection shall be made about 30-35 days after planting
the mini-tubers to verify isolation, offtypes and the extent of disease
infection with specific reference to mild and severe mosaics, leaf
roll, PACLV, GBNV, phytoplasma, brown rot late blight and other
relevant factors;
(b) the second inspection shall be made about 60-65 days after planting
the mini-tubers to check isolation, off types and extent of disease
infection with specific reference to mild and severe mosaics, leaf
roll, yellow, brown rot and other relevant factors;
(c) the third inspection shall be made immediately after haulms cutting/
destruction in order to verify that haulms have been cut/destroyed
by the prescribed date and in proper manner;
(d) the fourth inspection shall be made about 10 days after haulms
cutting/destruction and before harvesting in order to verify that no
re-growth of haulms has taken place.
VI. Seed Standards
A.  Standards for mini-tuber (G-0) production in the aeroponics/
nethouse facility
(1) General requirements
(i) Isolation: Minimum 1 meter between the different varieties
grown in net house, so as to avoid mechanical admixture. In
aeroponics facility separate grow boxes shall be used for each
variety and two varieties cannot be grown in the same grow
box.
(ii) All micro propagation and aeroponics or nethouse facilities
must be approved by competent authority set up by the state
Govt., as per the standards given above under eligibility
requirements.
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(2) Specific requirements
Maximum permissible limits
Factor Maximum permissible limit
*Off type 0.001%
*Plants showing symptoms of mild 0.001%
mosaic
*Plants showing symptoms of severe Nil
mosaic, leaf roll, PACLV, GBNV,
phytoplasma and apical leaf curl
**Plants infected with brown rot Nil
(Ralstonia solanacearum )
* At the time of crop termination
**Maximum permitted at final inspection in the net house raised crop
(3) Seed Standards for mini-tuber
Factor Permissible limit
Weight of minituber (minimum) 1.0 g (minimum)
Germination (minimum) 90% (minimum)
Varietal purity (percent plants) 99% (minimum)
Virus infestation (percent plants) 0.001% (maximum)
B. Field standards for G1 to G4 Crop raised out of Potato Tissue
Culture based mini-tuber .
(1) General requirements
Isolation: The fields of seed potato shall be isolated from the contaminants
shown in column 1 of the Table below by the distances specified in columns
2-6 of the said Table
Containments Minimum distance (meters)
G1 G2 G3 G4
Fields of other varieties 5 5 5 5
Fields of same variety not conforming 5 5 5 5
to requirement for certification
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PUNJAB GOVT. GAZ. (EXTRA), NOVEMBER 6, 2020
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      (2)   Specific requirements
Factor Maximum Permissible limits
G1 G2 G3 G4
Off types (%)(1st and 2nd 0% 0% 0.05% 0.05%
inspection)
Plants showing symptoms of mild 0% 0% 1.0% 2.0%
mosaic (1st and 2nd inspection)
Plants showing symptoms of 0% 0% 0.5% 0.75%
severe mosaic, leaf roll, PACLV ,
GBNV, phytoplasma (1st and
2nd inspection)
*Total virus 0% 0% 1.0% 2.0%
Plants infected by brown rot None None None None
(syn Bacterial wilt) Ralstonia
solanacearum (1st and 2nd
inspection)
**Regrowth of plants after 0% 0% 0.5% 0.5%
destruction of haulms
(4th inspection)
*Of the two inspections, the higher virus percentage will be considered
for the purpose of the specified limits of tolerance.
**Standards for re-growth after destruction of haulms shall be met at
fourth inspection to be conducted about 10 days after haulms cutting.
Note:
(i) All off types and diseased plants should be rouged out along with
the tubers and destroyed.
(ii) Gaps in the seed plot should not be more than 10.0%.
(iii) Haulms must be destroyed as close to the ground as possible before
the date specified by the Certification Agency. Failure to destroy
haulms in time shall render the crop liable for rejection.
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C. Seed Standards (G1 to G4)
(1)    Size and weight Specification
Size Mean length and two widths Corresponding
at the middle of tuber weight
Seed Size 30-55 mm 25-125 g
Large size Above 55 mm Above 125 g
Note:
(i) The size of tuber will be decided either on the basis of mean of two
widths of a tuber at the middle and that of length or on the basis of
corresponding weight of tuber.
(ii) In a seed lot, tubers not conforming to specific size of seed shall not
exceed more than 5.0% (by number).
(iii)  The seed material shall be reasonably clean, healthy, firm and shall
conform to the characteristics of the variety . The tubers not
conforming to the varietal characteristics shall not exceed 0.050%
for G1 and G2 class of seed and 0.10% (by number) for G3, G4 and
G4 class of seed.
(iv) Cut, bruised, unshapy, cracked tubers or those damaged by insects,
slugs or worms shall not exceed more than 1.0% (by weight).
(v) Greenish pigmentation on tubers will not be a disqualification for
certification.
(2) Maximum tolerance limit of tubers showing visible symptoms
caused by the diseases mentioned below will be as follows:
Disease Maximum Permissible
limits (By number)
G1 G2 G3 G4
Late blight ( Phytophthora infestations 0.1% 0.1% 0.5% 1.0%
(Mont.) de Bary), dry rot ( Fusarium
caeruleum (Lib.) Sacc.) or Charcoal
rot ( Macrophomina phaseoli  (Tassi)
G. Goidanich).
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Wet rot ( Scierotium rolfsii) Sacc.) None None None None
*Common scab (Streptomyces  1.0% 1.0% 2.0% 3.0%
scabies (Thaxt) Waks. & Henrici)
Brown rot ( Ralstonia solanacearum 0.0 0.0 0.0 0.0
(E.F. Sm.) E.F. Sm.)
**Black scurf ( Rhizoctonia solani 2.0% 3.0% 5.0% 5.0%
Kuehn. )
Total diseases 3.1% 4.1% 7.5% 9.0%
*Even if a single tuber infected with common scab is detected in a seed
lot, the entire seed lot shall be treated with approved chemical before
seed lot is declared fit for certification. Seed lots having infected tubers
more than the prescribed limits will not be certified even after treatment.
**(i) A tuber carrying 5% or above scuffed surface will be considered
as one infected unit.
(ii) Seed lots having black scurf infection more than the prescribed
limits (5-10%) could be certified after treatment with approved
chemical/fungicide.
(iii) For all diseases, the higher disease percentage will be considered
for the purpose of the specified limits of tolerance.
3. Traceability
(i) Producer of any class of seed must keep written record of the
source of seed used for producing next class of seed.
(ii) At the time of certification, information like name, address, phone
number and email of the producing agency shall be clearly mentioned
on the seed label.
(iii) Only certified seed of one class can be used to produce certified
seed of next class. This rule shall apply from G0 to G4 to ensure full
traceability.
(iv) The label must have a QR code containing all the information printed
on the label.
171
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4. Labelling of Seed G0 to G4
Seed tubers shall be supplied in sealed containers. A cloth-lined label of
12 cm x 6 cm containing following information shall be affixed on the
container.
Label Number Crop   Potato
Variety Class of Seed
Lot No.
Germination/sprouting (Minimum)
Producing agency (Name, address, phone #, email)
Approving authority Signature and stamp
QR Code
Tag colour: G0 (Grey), G1 (Pink), G2 (Brown), G3 (Orange), G4 (Red)
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2148/11-2020/Pb. Govt. Press, S.A.S. Nagar
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF LABOUR
(LABOUR BRANCH)
NOTIFICATION
The 15th October, 2020
No. G.S.R. 92/C.A.61/1986/S.18/Amd./2020.- The following draft of rules, further to amend the Punjab
Child Labour (Prohibition and Regulation) Rules, 1997, which the Governor of Punjab proposes to make in
exercise of the powers conferred by section 18 of the Child Labour and Adolescent Labour (Prohibition and
Regulation) Act, 1986 (Central Act 61 of 1986), and all other powers enabling him in this behalf, is hereby
published as required under sub-section (1) of the said section, for the information of the persons likely to be
affected thereby.
Notice is hereby given that the said draft of rules will be taken into consideration by the State Government
after the expiry of a period of thirty days from the date of publication of this notification in the Official Gazette
together with any objection or suggestion, which may be received by the Additional Chief Secretary to Government
of Punjab, Department of Labour, Punjab Civil Secretariat-2, Sector-09, Chandigarh, from any person before the
expiry of the period so specified with respect to the said draft, namely:-
DRAFT RULES
1. These rules may be called the Punjab Child Labour (Prohibition andRegulation) Amendment Rules, 2020.
2. In the Punjab Child Labour (Prohibition and Regulation) Rules, 1997 (hereinafter referred to as the said
rules), in rule 1, in sub-rule (1), for the words “Child Labour”, the words “Child and Adolescent Labour”
shall be substituted.
3. In the said rules, in rule 2,-
(i) for clause (a), the following clauses shall be substituted, namely:-
‘(a) “Act” means the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986
(Central Act No. 61 of 1986); and
(aa) “Committee” means the Technical Advisory Committee constituted under sub-section (1) of
section 5 of the Act;
(ii) After clause (b), the following clauses shall be inserted, namely:-
‘(ba) “Fund” means the Child and Adolescent Rehabilitation Fund constituted under sub-section
(1) of section 14B of the Act;
(bb) “Inspector” means the Inspector appointed by the State Government under section 17 of
the Act;
(bc) Municipality” means an institution of self-Government constituted under article 243Q of
the Constitution; and
‘(bd) “Panchayat” means a Panchayat constituted under article 243B of the Constitution;’;
(iii) In clause (d), the word ‘and’ occurring at the end shall be omitted; and
(iv) In clause (e), the word ‘and’ shall be added at the end and thereafter, the following clause shall
be added, namely:-
"(f) words and expressions used in these rules, but not definedtherein and defined in the
Act, shall have the meanings as assigned to them in the Act. ”.
4. In the said rules, after rule 2, the following rules shall be inserted, namely:-
‘2A. Awareness on prohibition of employment of child and adolescents in contravention to Act.-
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The State Government, to ensure that the children and adolescents are not employed or permitted to work
in any occupation or process in contravention to the provisions of the Act, through appropriate measures,
shall, -
(a) arrange public awareness campaigns using folk and traditional media and mass media including
television, radio, internet based application and the print media to make the general public, including
the employers and the children and adolescents who may be employed in contravention to the
provisions of the Act, aware about the provisions of the Act, and thereby discourage employers or
other persons from engaging children and adolescents in any occupation or process in contravention
of the provisions of the Act;
(b) promote reporting of enterprises or instances of employment of children or adolescents in
contravention to the provisions of the Act, by developing and advertising easily accessible means
of communication to authorities specified by the State Government;
(c) display to the possible extent the provisions of the Act, these rules and any other information
relating thereto in railway coaches, at railway stations, major bus stations, toll plazas, airports and
other public places including shopping centers, markets, cinema halls, hotels, hospitals, Panchayat
offices, police stations, resident welfare association offices, industrial areas, schools, educational
institutions, court complexes, and offices of all authorities authorized under the Act;
(d) promote through appropriate method the inclusion of the provisions of the Act in learning material
and syllabus in school education; and
(e) promote inclusion of training and sensitization material on the provisions of the Act and
responsibilities of the various stakeholders thereto, in State Labour Service, police, judicial and civil
service academies, teachers training and refresher courses and arrange sensitization programmes for
other relevant stakeholders including, Panchayat members, doctors and concerned officials of the
Government.
2B. Child to help his family without affecting education.- (1) Subject to the provisions of section 3, a
child may without affecting his school education, in any manner,-
(a) help his family in his family enterprise, subject to the condition that such help,--
(i) shall not be in any hazardous occupation or process listed in Part A and Part B of the
Schedule to the Act;
(ii) shall not include work or occupation or process at any stage of the manufacturing, production,
supply or retail chain that is remunerative for the child or his family or the family enterprise;
(iii) shall only be allowed to help in his family, or in a family enterprise, where his family is the
occupier;
(iv) shall not perform any tasks during school hours and between 7 P.M. and 8 A.M.;
(v) shall not be engaged in such tasks of helping which hinders or interferes with the right to
education of the child, or his attendance in the school, or which may adversely affect his
education including activities which are inseparably associated to complete education such
as homework or any extracurricular activities assigned to him by the school;
(vi) shall not be engaged in any task continuously without rest which may make him tired and
shall be allowed to take rest to refresh his health and mind,and a child shall not help for more
than three hours excluding the period of rest in a day;
(vii) shall not include in any way substitution of the child for any adult or adolescent while
helping his family or family enterprise; and
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(viii) shall not be in contravention to any other law for the time being in force; and
(b) aid or assist his family in such manner which is not incidental to any occupation, work, profession,
manufacture or business, or for any payment or benefit to the child or any other person exercising
control over the child, and which is not detrimental to the growth, education and overall development
of the child.
Explanation 1.-For the purpose of this rule, only,-
(a) biological brother and sister of the child;
(b) brother or sister of the child through lawful adoption by parents of the child; and
(c) biological brother and sister of parents of the child, shall be included for comprising the family of a
child.
Explanation 2.- For the purposes of Explanation 1, it is hereby clarified that preliminarily , any doubt as to
whether a person is a biological brother or sister, may be removed by examining the pedigree of such
person issued by the concerned Municipality or Panchayat, as the case may be, or any other legal
document issued by concerned authority of the appropriate Government.
(2) Where a child receiving education in a school remains absent consecutively for thirty days without
intimation to the Principal or Head Master of the school, then the Principal or Head Master shall report such
absence to the concerned nodal officer referred to in clause (i) of sub-rule (1) of rule 12 for information.
2C. Child to work as an artist.  (1) Subject to the  provisions of section 3, a child may be allowed to work
as an artist subject to the following conditions, namely:-
(a) no child shall be allowed to work for more than five hours in a day , and for not more than three hours
without rest;
(b) any producer of any audio-visual media production or any commercial event involving the participation of
a child, shall involve a child in participation only after obtaining the permission from the District Magistrate
of the district where the activity is to be performed, and shall furnish to the District Magistrate before
starting the activity an undertaking in Form C and the list of child participants consent of parents or
guardian, as the case may be, name of the individual from the production or event who shall be responsible
for the safety and security of the child, and ensure that all screening of his films and television programmes
shall be made with a disclaimer specifying that if any child has been engaged in the shooting, then, all the
measures were taken to ensure that there has been no abuse, neglect or exploitation of such child during the
entire process of the shooting;
(c) the undertaking referred to in clause (b) shall be valid for six months and shall clearly state the provisions
for education, safety, security and report of child abuse in consonance with the guidelines and protection
policies issued by the State Government from time to time for such purpose including ,-
(i) ensuring facilities for physical and mental health of the child;
(ii) timely nutritional diet of the child;
(iii) safe, clean shelter with sufficient provisions for daily necessities; and
(iv) compliance to all laws applicable for the time being in force for the protection of children, including
their right to education, care and protection, and against sexual offences;
(d) appropriate facilities for education of the child to be arranged so as to ensure that there is no discontinuity
from his lessons in school and no child shall be allowed to work consecutively for more than twenty-seven
days;
(e) one responsible person be appointed for maximum of five children for the production or event, so as to
ensure the protection, care and best interest of the child;
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(f) at least twenty per cent, of the income earned by the child from the production or event to be directly
deposited in a fixed deposit account in a nationalized bank in the name of the child which may be credited
to the child on attaining majority; and
(g) no child shall be made to participate in any audio visual and sports activity including informal entertainment
activity against his will and consent.
(2) For the purposes of clause (c) to the Explanation to sub-section (2) of section 3, the expression
“such other activity” contained therein, shall mean,-
(i) any activity where the child himself is participating in a sport competition or training for such
sports competition or event;
(ii) cinema and documentary shows on television including reality shows, quiz shows, talent shows;
radio and any programme in or any other media;
(iii) drama serials;
(iv) participation as anchor of a show or events; and
(v) any other artistic performances which the State Government permits in individual cases, which
shall not include street performance for monetary gains.
5. In the said rules, for rule 3, the following rule shall be substituted, namely:-
"3. Hours of work.- Subject to the provisions of section 7, no adolescent shall be required or permitted
to work in an establishment in excess of such number of hours of work as is permissible under the law for
the time being in force regulating the hours of work of the adolescent in such establishment.".
6. In the said rules, in rule 4, in sub-rule (1), for the word “children”, the word “adolescents” shall be
substituted.
7. In the said rules, after rule 4, the following rule shall be inserted, namely:-
“4A. Payment of amount to child or  adolescent fr om and out of Child and Adolescent Labour
Rehabilitation fund. (1) The amount credited, deposited or invested, as the case may be, under
sub-section (3) of section 14B to the Child and Adolescent Labour Rehabilitation Fund and the
interest accrued on it, shall be paid to the child or adolescent in whose favour such amount is
credited in the following manner, namely:-
(i) the inspector or the nodal officer having jurisdiction shall, under his supervision, ensure that
an account of such child or adolescent is opened in a nationalized bank and inform the bank
in which the amount of the Fund is deposited or, as the  case may be, to the officer
responsible to invest the amount of the Fund under sub-section (3) of section 14B;
(ii) the interest accrued on the proportionate amount of the Fund in favour of the child or
adolescent shall be transferred every six months to the account of the child or adolescent, as
the case may be, by the bank or officer responsible to invest the amount under information
to the Inspector;
(iii) when the concerned child or adolescent completes the age of eighteen years, then, as soon as
may be possible forthwith or within a period of three months, the total amount credited,
deposited or invested in favour of the child along with interest accrued thereon remaining in
the bank or remaining so invested under sub-section(3) of section of 14B, shall be transferred
to the said bank account of child or adolescent, as the case may be; and
(iv) the Inspector shall prepare a report of the amount transferred under clauses (ii) and (iii) with
particulars of the concerned child or adolescent sufficient to identify him and send a copy of
the report annually to the State Government for information.
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(2) Any amount recovered by way of fine or for composition of offences in pursuance of an order or
judgment of a Court in favour of a child or adolescent for the contravention of the provisions of the Act,
shall also be deposited in the Fund and shall be spent in accordance with such order or judgment.”.
8. In the said rules, for rule 5, the following rule shall be substituted, namely:-
"5. Certificate of age.-   (1) Where an Inspector has an apprehension that any adolescent has been
employed in any of the occupation or processes in which he is prohibited to be employed under section
3A of the Act, he may require the employer of such adolescent to produce to the Inspector a certificate of
age from the appropriate medical authority.
(2) The appropriate medical authority shall, while examining an adolescent for issuing the certificate of
age under sub-rule (1), take into account, –
(i) the Aadhar card of the adolescent, and in the absence thereof;
(ii) the date of birth certificate from school or the matriculation or equivalent certificate from the
concerned examination Board of the adolescent, if available, and in the absence thereof;
(iii) the birth certificate of the adolescent given by a corporation or a municipal authority or a
Panchayat;
and only in the absence of any of the methods specified in clauses (i) to (iii), the age shall be
determined by such medical authority through an ossification test or any other latest medical age
determination test.
(3) The ossification test or any other latest medical age determination test shall be conducted on the
order of the appropria

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