The Seeds Bill and its relevance today
Mildly put, the Seeds Bill, 2004 is a controversial one. Right from day one when the Bill appeared before the learned citizens of the country, it experienced furore from various quarters. The Bill is attached herewith for perusal of the members of CCI. It has been downloaded from prsindia.org (PRS= Parliamentary Research Service).
Highlights of the Bill along with Key issues and their analysis as given in the PRS website are furnished below for your perusal. Consequent upon passing of the National Food Security Bill, 2011, the Seeds Bill, 2004 which is having a pending status at the moment, assumes greater importance. Any interested reader will notice the connection between the two Bills. One is pro-poor in its appearence demanding huge supply of foodgrains and the other seeks to meet up this demand through adopting bio-technological means that may turn out to be not-so-pro-poor.
" Highlights of the Bill
The Seeds Bill, 2004 aims to regulate the quality of seeds sold, and replaces the Seeds Act, 1966.
All varieties of seeds for sale have to be registered. The seeds are required to meet certain prescribed minimum standards.
The Bill does not restrict the farmer’s right to use or sell his farm seeds and planting material, provided he does not sell them under a brand name.
All seeds and planting material sold by farmers will have to conform to the minimum standards applicable to registered seeds.
If a registered variety of seed fails to perform to expected standards, the farmer can claim compensation from the producer or dealer under the Consumer Protection Act, 1986.
The Bill permits self certification of seeds by accredited agencies and allows the central government to recognize certification by foreign seed certification agencies.
Every seed producer and dealer, and horticulture nursery has to be registered with the state government.
Key Issues and Analysis
Some provisions of the Seeds Bill, 2004 contradict and overlap with the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act).
Although farmers are exempt from registering their seed varieties, the seeds have to conform to standards prescribed for commercial seeds.
Farmers may find it difficult to adhere to the standards required of commercially sold seeds.
Compensation for underperformance of seeds will be governed by consumer courts. This provision is unlike the PPVFR Act, which allows compensation to be decided by the Authority established under that Act.
Seed inspectors can take samples from anyone selling purchasing or transporting seed. They have the power of search and seizure without a warrant.
It is not clear whether the Bill bans certain genetic engineering technologies such as “genetic use restriction technology” and “terminator technology.” These technologies preserve intellectual property rights by either requiring specific
additives, or by making the next generation seeds sterile. "
Waiting for your valued response.
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