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THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII-SE~. 3(i)1 :

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() THE GAZETTE OF INDIA: EXTRAORDINARY==

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2. 3f;rn-FmIT~ q;r 'WT 3ti~ 'fWIT ~--;;rGf m q~ cll t I~'fi 300 fcf.~I'AI~ 'I1I'A I~ (i'+!'~I'f)~ 1 1' +rrm

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THE GAZETTE OF INDIA: EXTRAORDINARY. [PARTII-':SEc. 3(i)j"

(2) Notwithstanding anything co~tained in but is made withIn one month ~~~sub-clause (1), the State Government dato of expiry of the licence, the licencemay, by notification in the Official may be renewed on payment of addi-Gazette, exempt from the provision~ of tiemal fee of rupees twenty five, in addi-that sub-clause such class of dealers in tion to the fee for renewal of licence.

such areas and s~bjec~to such c~ndit~ons .8. Dealers to display stoc1- d . li"as may be specIfied m the notIficatIOn. . '" . ..!\. an pnce st.Every dealer of.seeds shall display in his place

of business ,:

(a) the opening and closing stocks, on dailyba~s, of different seeds held by him;

(b) a list indicating prices or rates ofdifferent seeds.

9. Dealers to give memorandum to purchaser:

Every dealer shall give a cash or credit me-morandum to a purchaser of seeds.

8

4. Applicaticm for licence:

Every person desiring to obtain a licence forselling, exporting or importing seedsshall make an application in duplicatein Fonn 'A' together with a fee of rupeesfifty for licence to licensing authority.

5. Grant and refusal of licence:

(1) The licensing authority may, after mak-ing such enquiry as it thinks fit, granta licence in Ponn 'B' to' any person whoapplies for it under clause 4: .

Provided that a licence shall not be issued toa person-

(a) whose earlier licence granted underthis Order is under' suspension, dur-ing the period of such suspension;

(b) whose earlier licence granted underthis Order has been cancelled, with-in a period of one year from the dateof such cancellation.

(c) who has been convicted under theEssential Conunoditie5 Act, 1955 (10of 1955) or anv order issued there-under within three years pre(:edingthe date of application.

(2) When the licensing authority refuses togrant licence to a person who applies forit under claw;e 4, he shall record hisreasons for doing so.

6. Period of validity of licence:

Every licence under this Order, shall, unlesspreviously suspended Or cancelled, re--Il1ain valid for three years from the dateof its issue.

7. Renewal of licence:

( 1) Every holder of licence desiring to re-new the licence, shall, before the dateof expiry of the licence, make an appli-cation for renewal in duplicate, to thelicensing authority in Form 'C' togetherwith a fee of rupees twenty for re-newal. On receipt of such application,together with such fee, the licensingauthority may renew the licence.

(2) If 'any application for renewal is Hotmade before the expiry of the licence,

10. Power to distribute seeds :

Where it iStconsidered necessary to do so inpublic interest, the ,Controller may, byan order in writing direct any produceror dealer to sell or distribute any seedin such mailller as may be specifiedtherein.

ENFORCEMENT AUTHORITY :

11. Appointment of licensing authority:

The State Government may by notiikationin the Official Gazette appoint suchnumber of persons as it thinks necessary' ~to be licen&ing authoriw and may alsodefine in that notiflcation the area with-in which each such licensing authorityshall exercise his jurisdiction.

12. Appointment of Inspectors :

The State Government may b-' notificationin the Official Gazette appciat suchnumber of persons as it thinks necessaryto be Inspectors and ma\' in such noti-

~,.;; fication' define the l(JC~ 3rea withinwhich each such Inspec~ shall exer-cise his jurisdiction.

13. Inspection and Punishment :

(I) An Inspector Inay with a \iew to secur-ing compliance with this Order-

(a) require any dealer to gi-e :my informa-tion in his possession \\'ith respect topurchase, storage and sale of seeds byhim;

(b) enter upon and search any premiseswhere any seed is stored or exhibitedfor sale to ensure compliance withthe provision of this Order;

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(c) draw samples of seeds meant for sale,export and seeds imported, and sendthe same in accordance with the pro-cedure laid down in Schedule I, to alaboratory notiiied under the Seeds

Act, 1966 (54 of 1966) to ensurethe sample conforms to standard ofquality claimed;

(d) seize or detain any S\~edin respect ofwhich he has reason to believe that acontravention of this Order has beencommitted or is being committed;

(~) seize any books of accounts or docu-ment relating to any seed in f«Spectof which he has reason to believe that

a contraventitm of the Order hasbeen committed or is being com-mitted.

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Provided that the Inspector shallgive a receipt, in respect of the booksof accounts or documents seized, to

the person from whom they have beenseized.

Provided further that the seizedbodks of accounts or documents shallbe returned to the person fromwhom the same had been seized aftercopies thereof or extracts therefromas certified by such person havebeen taken.

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(2) Subject to the provision of paragraph(d) of sub-clause (1), the provision, ofs@ction 100 of the Code of CriminalProcedure, 1973 (2 of 1974) rela6ng tosearch and seizure $hall, so far as maybe, apply to searches and seizures underthis clause.

(3) Where any seed is seized by an Inspec-tor under this clause, he shall forthwithreport the fact of such seizure to aMagistrate whereupon, the provisions ofsections 457 and 458 of the Code ofCriminal. Procedure, 1973 (2 of 1974)shall~ so far as may be, apply to thecustody and disposal of such seed.

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(4) Every person, if so required by an Ins-pector, shall be bound to~offer all neces-sary facilities to him for the' purpoSe ofenabling him to exercise his power underthis clause.

14. Time limit for analysis:

The laboratory to which a sample has beensent by an Inspector for analysis underthis Order shall analyse the, said samp-l~ and' send the analysis report to the

124.6GIj83-2 "

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9

concerned Inspector within 60 daysfrom the date of receipt of the samplein the laboratory.

15. SuspensionJCancellation of licence:

The licensing authority may, after giving the.holder of the licence an opportunityof being heard, suspend or cancel thelicence on the following grounds, name-ly:-

(a) that the licence had been obtained bymisrepres,entatioll as to a materialparticular; or

(b) that any of the provisions of thisOrder or any condition of licence hasbeen contravened. l i

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16. Appeal:

Any person aggrieved by an order-

(a) refusing to grant, amend or renew thelicence for sale, expOrt or import ofseeds;

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(b) suspending or cancelling any lIcence.may within sixty days from the dateof the order, appeal to such' authorityas the State Government may specifyin this behalf, and the decision ofsuch authority shall be final:

Provided that 3n application for appealshall accompany an appeal fee ofrupees fifty.

~nSCELLANEOUS :

17. Amendment of licence:

The licensing authority may, on receipt of arequest in writing together with a fee ofrunP"s ten from a dealer,umend th~_~

v"'" '~~licence of such dealer. ,

18. Maintenance of records and submissionofreturns, etc. :

(1) Every dealer shall maintain such books,accounts and records relating to hisbusiness as may be directed by the StateGovernment.

(2) Every dealer shall submit monthly re-turn relating to his business for the pre-ceding month in Form 'c' to the licens-ing authority by' the 5th day of everymonth.

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[No. 24-22182-SDJ

R. K. SRIVASTAVA It. Secy.

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.[PART IT-SEC. 3(i}

--- ------------THE GAZETTE OF INQ{A: EXTRAORDINARY

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E~LEMFORM 'A'

(See clause 4)

FORM OF APPLICATION TO OBTAIN

DEALERS' LICENCE

To

The Registering Authority,(Place)

State ofiU.T. of

1. Full l1~e and address of the applicant.

(a) Name and postal address:,(b) Place of business (please give exact-

address) : -

(i) for sale

(ii) for storage

2. Is it a proprietarylpartnershiplLimited Com-panylHindu undivided family concern? Give theName(s)- and addressees)of properitorlpartneriManageriKarta.

3. In what capacity this application is made:

(i) P,roprietor

(ii) Partner

(iii) Manager

(av) Karta

4. Was the applicant ever convicted under theEssential Commodities Act, 1955 (10 of 1955),or any order issued thereunder during the last threeyears preceding the date of application? If so, givedetails.

5. Give the details of seeds to be _handled

. S. No. Name of Seed

6. I!We have deposited the licence fee of rupeesfifty vide challan No. - dates),in treaSuryIbank . -

7. Declaration:

(a) IIWe declare that the information given- above .istrue to the best of my!our know..

ledge and 1?eliefand no part thereof isfalse. - - - - -

(b) IIWe have carefully read the terms mid- conditions of the licence given in Form- 'B' app-ynde,

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I:;~) The holder of the licence shall from time- to time report to the licensing authority

:mY change in the premises where hecarrieS ori}1isQusiness of sale, export,import or stota-1te~fof'the-said purposesseeds. "

(v) The licencee '-shall give every facility tothe l1censiAg au~hoi'ity qr any otherOfficer aCtmg -under' his Authority for~he purpQ~,eof inspecting his stock inany shop, depot or golden or ther placeIplaces used by,,him or the purpose ofstorage, saleor export of seeds. '

EMBLEM

FORM 'c'

(See' clause 7)

APPLICATION FOR RENEWAL OF LICENCETO CARRY ON THE BUSINESS OF A

DEALER IN SEEDSTo

The Licensing Authority

(place)

S'tate oflD.T. of

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IIWe hereby apply for renewal of the Licenceto carry on the business of dealer in seeds underthe name and style of Shri!M!5.'The licence, desired to be renewed, was grantedby the Licensing Authority for the State of-

and allotted Licence Nb.-----dayof-- - 19 .Signature of applicant(s)

on the

Full name and address of the applicant(s)--Date and, Place: ' '---------

Certified that the Licence bearing No.granted on to carryon the businessof a dealer in seeds at the premises situated--

, is hereby renewedupto , unless previously can-celled or suspended under' the provisions of theSeeds (Control) Order, 19"83. '

" ,

Licensing Authority

State of 'Date:

Renewal No.

Seal:

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--FORM'D'

(See dame 18)

1. Month and Year:

2.l':-famc and designati:Jn-ofLicensee:

Crop/Variety

(Quantity ill Quintals)

j

Tot;llquantitysold

Total

quantityexported

Closingstlock on "the last

day ofthe month

--2 3 4 5 6 7 , 8 9

(3+4+5) 6-(7+8)

SCHEDULE-I

(See clause 13)

se3.ling Fastening, Despatdh and Analysis

Samples

of

'I. Manner of taking Samp~es :

Samples o~ any seed..for the purpose ofanalysis shaILbe.tak;emin.aClean dry'container whieh shall 'be "c:losed sufli~' ,

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Signature of dealer: ----Name:

Address:

ciently tight to prevent leakage andentrance of moisture and shall be car~fully sealed.

II. Sampling Intensity:

Bulk Samp~g- When sampling seedlots are stored in bulk (heaps, bins,wagons, etc.) the following sampling 41-tensity should. be regarded as a mini-mum requirementfbi obtaining the., '. " '-'.' ., ," . . ,.

12 THE GAZETTE OF INDIA: EXTRAORDINARY [PARTII-SEC~(i)]

V=-(a) up-to 500 kilograms-at least 5 in-dividual samples except in case of smalllots upto 50 kilograms where a smallernumber of samples is sufficient, notless than, 3 samples need be taken.

(b) 501 to 3,000 kilograms-one indi-vidual sample for each 300 kilograms,but not less' than 5 individual samples.

(c) 3,001 to 20,000, kilograms-one in-dividual samples for each 500 kilogramsbut not less than 10 individual samples.

For seed in bulk the individual samples shouldbe distributed at random all over the bulk andthe samples drawn from varying depths. Bagsampling-For seed lots in bags or other contain-ers the following sampling intensity should beregarded as a minimum requirement:

(d) upto 5 containerS-sample each con-tainer but always take at least 5 indivi-dual samples.

(e) from 6 to 30 oontainers-sample atleast one in every three containers butnever less than 5.

(f) 31 containers or more-sample atleast one in every five containers butnever less than 10.

Unless doubt exists about the homogeneity of alot, all such primary samples should be combinedto make a composite sample of the lot for sub-mitting to the seed testing labor