Lecture 4

Varietal registration - Seed legislation and regulatory frame works

(Seeds Act and Rules, Seed Control Order 1983 and amendments -
PPV&FRA 2001)
Variety development or release
 Identification of superior genotypes by Plant Breeder can benefit the public
only if it is offered for commercial multiplication.
 It is therefore, necessary to maintain a system where quantities of
promising genotype are made available for commercial production.
 This process is referred to as release of the varieties.
 The purpose of release system is to introduce newly evolved varieties to
the public for general cultivation in the regions in which it is suitable.
• Official release of varieties started in October, 1964 with the formation
of the Central Variety Release Committee (CVRC) at the Central level
and State Variety Release Committee (SVRC) at State level.
• CVRC functioned up to November, 1969 when its functions were taken
over by the CSC established Seeds Act, 1966
• The CSC constituted a Central Sub-committee on Crop Standards,
Notification and Release of Varieties (CSC on CS, N&RV).
• The sub-committee discharges the functions of release and notification
of varieties at Central level, while State Seed Sub-Committees (SSSCs)
discharge similar function at State level.
Variety registration
• Each variety has to pass through 3 phases of evaluation.
• Initial Yield Evaluation Trial (IET) or Preliminary Yield Trial (PYT).
• These trials are organized in selected number of Places in each zone.
• these entries are supplied to Pathologists to study their reaction to important
diseases. Entries qualifying from yield, disease and quality point of view in
IET/PYT are tested in the Uniform Regional Trials (URT).
• These trials are also called Advanced Varietal Trials (AVT) or Coordinated
Varietal Trials (CVT)
These trials are organized at a very large number of locations in each zone and
the plot size is larger than that in IET.
During the tests, reaction to various diseases, pests and quality traits are also
studied.
Entries found suitable in the second phase are again evaluated in the URT and
simultaneously supplied to Pathologists, Entomologists, Nematologists,
Agronomists and Quality Evaluation Groups to study the entries
comprehensively for factors which are important from the point of view of
their own discipline.
A Special Committee of multi disciplinary scientists is constituted at the
workshop to consider the proposals for identification of the varieties for
release.
Varieties evolved by the SAUs and Government Research Institutes are tested
within the concerned States at limited locations.
Central Seed Committee (CSC) pointed out in 1982 that varieties of State
importance might also be tested in the concerned All India Crop Improvement
Project.
 RELEASE AND NOTIFICATION OF CROP VARIETIES

Procedure for Notification of Variety

1. Evaluation

2. Identification

3. Release and Notification

Evaluation

Consists of various trials and tests to determine its superiority over the best
existing variety in yield, agronomic traits and its suitability for
consumption
Identification

• Outstanding cultures are identified for release as new varieties at the Annual
workshops of the coordinated projects on the respective crops.

• Proposals for the identification of cultures may be prepared by the respective

breeder in a prescribed format.

• Proposals should consist of information on the results of the various centres

of AICRP for at least two years, pest and disease reactions and quality
parameters. The proposals will be examined by an Identification committee.

• Culture after consideration called as Identified variety

Release and Notification

After identification, the variety is to be tested for at least one year for disease
and quality tests.

The breeder should submit a proposal for release as a new variety for approval
by the Central Sub-Committee on Crop Standards, Notification and release of
varieties.

After a variety has been released for a zone by the Central Sub-Committee, the
Director, HYV, Ministry of Agriculture and Irrigation, GOI notifies the
concerned authorities of the states within that zone for seed
multiplication and distribution of variety.
Release of a variety by a State Variety Release Committee
 The breeder concerned should submit Variety Release Proposal (12
copies) in the prescribed format to the Director of Research, TNAU,
Coimbatore.
 They will initially scrutinize the proposals.
 After scrutinization, it will be examined by State Variety Release
Committee consists of the following members
 The official release of the new varieties will be made by the Hon’ble
Minister for Agriculture in Farmers’ Day celebration
S.No. Officials Position
1 Secretary to Government of Tamil Nadu, Agrl. Department Chairman
2 Vice-Chancellor, TNAU, Coimbatore Member
3 Director of Agriculture Member
4 Chief Engineer (Agrl.Engg.) Member
5 Director of Seed Certification, Coimbatore Member
6 Professor and Head, Dept. of SS&T, TNAU, Coimbatore Member
7 Joint Director of Horticulture Member
Dean, Faculty of Agriculture, Annamalai University, Member
8
Chidambaram
Non-official members
1 Leading farmers – 2 Nos.
2 President, Tamil Nadu Seed Association, Coimbatore
Seed Quality Regulation
The seed quality regulation is the responsibility of the Government and Seed
Certification Agency.

Public sector has adopted a facilitating role and enforces regulations to deal
with unscrupulous firms or dealers supplying spurious seed.

The seed quality control is brought about by three functions viz.,

i) Seed Certification

ii) Seed Testing and

iii) Seed Law Enforcement.

Seed Quality Regulation by

1. Seeds Act,1966
2. Seeds Rules, 1968
3. SEEDS (CONTROL) ORDER 1983
4. SEEDS (CONTROL) AMENDMENT ORDER, 2006.
5. PPV&FRA 2001
 THE SEEDS ACT, 1966 (Dec. 29th 1966)
(ACT NO. 54 OF 1966)

An Act to provide for regulating the quality of certain seeds for sale, and
for matters connected therewith
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as
The salient features of the Seeds Act (1966)

The major legislative measures involved under the Act are Seeds rules
framed in 1968, Seeds (Control) order, formulated in 1983 after including seeds
as an essential commodity.

A total of twenty five sections have been mentioned in the act and they are:
1. Enacted by Parliament for the whole of India to regulate seeds
2. Seeds of food crops, oil crops, cotton seeds, seeds of cattle fodder and all
types of vegetative propagating material are included
3. Constitution of a Central Seed Committee (comprising eight members) to
advise the Central and State Governments on matters arising out of the
administration of this act and carry out other functions assigned to it by the
Act
4. Establishing a Central Seed Laboratory as well as State Seed Laboratory
to carry out seed analysis of notified variety
5. Empowerment of the Central Seed Committee to notify any variety found
suitable as per the Act after notification in the Official Gazette
6. Empowerment of the committee to fix the minimum limits of germination
and purity of seed for a variety to be notified as well as for marking or
labeling a seed lot to be sold commercially
7. Regulation of sale of seeds of notified varieties by compulsory truthful
labeling revealing the true identity of the variety, germination as well as purity
8. Constituting a certification agency for undertaking the process of
certification
9. Power of certification agency to recommend notification of suitable variety
and grant of notification certificate provided the seed meets minimum
limits of germination and purity
10. Empowerment to the agency for revocation of certificate if the agency is
convinced that holder has obtained certificate by misrepresentation or not
complied with the conditions
11. Provision for an appeal by the holder on payment basis to express before an
appellate authority, his limitations for not complying with the conditions
12. Appointment of a seed analyst to undertake seed testing.
13. Appointment of seed inspector who is deemed to be a public servant within
the meaning or section 21 of the Indian Penal Code (45 of 1860)
14. Empowerment of seed inspector to draw samples from any seller or a purchaser
and verify the quality by sending samples to a seed analyst in the seed testing
laboratory
15. Laying-out of procedure for seed sample collection and other rules. The clause
also entrust inspector with the power to break open any seed container or door of any
premises where such seed may be kept for sale, under those circumstances when
owner refuses to cooperate. The whole operation has to be done in presence of two
witnesses with their signatures on a memorandum
16. Responsibility of Seed analyst to report the results in a specified format after
analysis of the seed samples to Seed Inspector as well as the seller/ purchaser.
Complainant if dissatisfied with the result can apply to the court for sending
samples to Central Seed Testing Laboratory. Central seed laboratory shall
thereupon send its report to the court in the prescribed format within one month
from the date of receipt of the sample
17. Restriction on import and export of seeds of notified varieties. Any variety
imported or exported should meet the minimum limits of seed germination and
purity marked or labeled on the container truly
18. Recognition of seed certification agencies of foreign countries for the purpose
of this act
19. Penalty or punishment or both for those who do not comply with the
provisions of the act and also prevent seed inspectors from executing his power
20. Forfeiture of property (seeds) belonging to any person convicted under this act
due to contravention of the procedures under this act
21. Punishment for offences committed by companies or any body corporate. All
who was incharge of, when the time the offence was committed and was
responsible to the company shall be deemed to be guilty of the offence and
punished accordingly
22. Protection of Government action taken in good faith that is no prosecution or
legal proceeding will lie against Government or any Government Officer for
anything that is done in good faith
23. Power for Government to give directions for smooth conduct of the act
24. Non-application of the act to the seed exchange by the farmers without any
brand name
25. Power of Government to make rules to carry out various functions of Central
Seed Committee, Central Seed Laboratory, Certification Agency and Seed
Inspectors
SEED RULES, 1968

The rules have been framed to implement various legislations given

under Seed Act, 1966 and contain 11sections.

I. Preliminary VII. Certification of seeds

II. Central Seed committee VIII. Appeal

III.Central Seed Laboratory IX. Seed Analyst and Seed

Inspectors
IV.Seed Certification Agency
X. Sealing, Dispatch and Analysis
V. Marketing or Labeling of Samples
VI.Requirements for Certification XI. Miscellaneous
 THE SEEDS (CONTROL) ORDER, 1983
Government of India
Ministry of Agriculture
(DEPARTMENT OF AGRICULTURE & COOPERATION)
New Delhi, dated the 30th Dec., 1983
ORDER
GSR 932 (E) – In exercise of the powers conferred by section 3 of the Essential
Commodities Act, 1955 (10 of 1955), the Central Government hereby makes
the following order
DEALER IN SEEDS TO BE LICENSED
 Dealer to obtain license
 Application for license
 Grant and refusal of license
 Period of validity of license
 Renewal of license
 Dealers to display stock and price list
 Dealers to give memorandum to purchaser
 Power to distribute seeds
 ENFORCEMENT AUTHORITY

 Appointment of licensing authority

 Appointment of Inspectors
 Inspection and punishment
 Time limit for analysis
 Suspension/Cancellation of license
 Appeal
 MISCELLANEOUS
 Amendment of license

 Maintenance of records and submission of returns, etc.

 Seed Law Enforcement
 Seed laws are designed to aid in the orderly marketing of seed.
 They establish regulations governing the sale of seed, thereby providing
legal protection to both buyers and sellers.
 Seed Inspector
 Qualifications of Seed Inspector
 Powers of Seed Inspector
 Duties of seed inspectors
 STOP SALE ORDER
 SEEDS (CONTROL) AMENDMENT ORDER, 2006.

G.S.R.444(E).- In exercise of the powers conferred by Section 3 of the Essential

Commodities Act, 1955 (10 of 1955), the Central Government hereby makes the
following Order to amend the Seeds (Control) Order, 1983, namely:-

1. (1) This Order may be called the Seeds (Control) Amendment Order, 2006.

(2) It shall come into force on the date of its publication in the Official
Gazette.
2. In the Seeds (Control) Order, 1983, after clause 8, the following clause shall
be inserted, namely:-
• “8A. Dealers to ensure certain standards in respect of seeds:
• Every dealer of seeds in notified kind or variety or other than notified kind
or variety of seeds shall ensure that the standards of quality of seeds
claimed by him shall conform to the standards prescribed for the notified
kind or variety of seeds under Section 6 of the Seeds Act, 1966 (54 of
1966) and any other additional standards relating to size, colour and content
of the label as may be specified.”
 Protection of Plant Varieties and Farmers’ Right Act 2001

Based on the need India decided to have Sui-generis system named as

Protection of Plant Varieties and Farmers Rights Act, 2001 ( PPV & FRA,
2001). This act contains 97 Sections and IX Chapters. This act covers all
categories of plants except microorganisms.

Objectives
 To provide an effective system for protection of plant varieties.

 To recognize and protect the rights of farmers.

 To protect the plant breeders right.

Such protections will facilitate for

• Development of new varieties

• Accelerated agricultural development

• The growth of seed industry.

PPV & FRA seeks for establishment of an independent National Plant variety and Farmers’ Right
Protection Authority.

 Chairperson – appointed by GOI.

Regional offices:
 15 ex-officio and nominated members. Bangalore, Pune, Bhopal, Patna and
Guwahati.
 Registrar General of plant varieties.

 Head quarters – New Delhi.

Main functions of the Authority

• Registration of plant varieties.

• Characterization and documentation of registered varieties.

• Documentation, indexing and cataloguing Farmers’ variety.

• Ensuring availability of seeds of all registered varieties.

• Collection of comprehensive statistics on plant varieties.

• Maintenance of national register of plant varieties.

Registered plant variety will have Farmers’ Right, Researchers’ Right

and Plant Breeders’ Right.
Farmers’ Right

Farmers’ Right provision acknowledges the

farmers as
 Cultivator
 Conservator
 Seed producer

This independence, becomes a coping

mechanism for global warming and climate
change.
Researcher’s right

• Use of registered variety for conducting experiment.

• Use of variety as an initial source of variety for the

purpose of creating other varieties.

Plant Breeders’ Right

• Rights of commercialization by his own person or

through anyone he designates.

• Includes Right to produce, sell, market, import, or

export variety.
Gene fund
A national gene fund shall be established and will receive
contributions from
• Annual fees
• Benefit sharing
• Contribution
The gene fund shall be utilized for
• Benefit sharing
• Compensation
• On farm conservation and sustainable use of land races
and traditional varieties
Benefit sharing

On registration of the variety any person or group of person may submit his
claim of benefit sharing in the prescribed form & with prescribed fee to the
Authority if his or their material has been used in the development of that
variety.

The extent and nature of use of the genetic material of the claimant in the
development of the variety relating to which the benefit sharing has been
claimed.

The commercial utility and demand in the market of the relating to which the
benefit sharing has been claimed
Application for registration
Any person specified in section 16 may make an application to the
Registrar for registration of any variety—
(a) of such genera and species as specified under sub-section (2) of section
29; or
(b) which is an extant variety; or
(c) which is a farmers’ variety.

“extant variety” means a variety available in India which is—

(i) notified under section 5 of the Seeds Act, 1966 (54 of 1966); or
“Essentially derived variety”

• It is predominantly derived from such initial

variety

• It is clearly distinguishable from such initial

variety

• It conforms (except for the differences which result

from the act of derivation) to such initial variety in
the expression of the essential characteristics that
result from the genotype or combination of
genotype of such initial variety
Criteria for plant variety protection (DUS)

1.Novelty: Variety was not sold or disposed by the breeder for commercial exploitation

• (i) in India, earlier than one year; or

• (ii) outside India, in the case of trees or vines earlier than six years, or in any other case,
earlier than four year

2.Distinctness: if it is clearly distinguishable by at least one essential characteristic from any

another variety.

3.Uniformity: if subject to the variation that may be expected from the particular features of
its propagation it is sufficiently uniform in its essential characteristics

4.Stablility: if its essential characteristics remain unchanged after repeated propagation

Fees for registration of various material under the Act

A DUS Conducting test fee Rupees

1 Cereals/grain legumes 20,000
2 Commercial crops 35,000
3 Spices & Medicinal plants 20,000
4 Plantation crops 35,000
5 Flower and Lawn/ Fodder grasses 15,000
6 Fruit trees/Vines 20,000
7 Vegetables 20,000
8 Forest trees/other trees 20,000
9 Other (to be decided case by case) 20,000
B. Annual Fee
The Authority shall notify the amount separately in the official Gazette (in the
PVJ of India).
II. Other chargers
A. Application Examination Chargers :
1. Application Form : 200
2. For Extant Variety of common Knowledge where DUS : 2,000
test is needed.
B. Registration Certificate charges :5,000
C. DUS test site visit charges/persons/visit :500
(To be retained at DUS test site after issue of receipt)
*There will be no DUS test fee for the registration of FV
Thank you……….