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2018 Supreme(Bom) 647

R.K.DESHPANDE, M.G.GIRATKAR
Maha Seedmen Association – Appellant
Versus
Union of India, Ministry of Agriculture, through its Secretary – Respondent


Advocates Appeared:
For the Petitioner:Sunil Manohar, Senior Advocate, assisted by Shantanu Khedkar, Advocate
For the Respondents:Ulhas Aurangabadkar, Assistant Solicitor General of India, M.R. Chandurkar, Advocate, J.Y. Ghurde, Assistant Government Pleader

JUDGMENT :

R.K. Deshpande, J.

1. The challenge in this petition is to the validity of Rule 6(b) of the Seeds Rules, 1968 empowering the Certification Agency to prescribe the outline procedure for submission of applications and for growing, harvesting, processing, storage and labeling of seeds intended for certification till the end, to ensure that seed lots finally approved for certification are true variety and meet prescribed standards for certification under the Seeds Act, 1966 or the Rules framed there under.

Challenge to the validity of Rule 6(b) of the Seeds Rules :

2. Shri Sunil Manohar, the learned Senior Advocate, assisted by Shri Shantanu Khedkar, Advocate, appearing for the petitioners, submits that the provision of Rule 6(b) of the Seeds Rules is ultra vires the provision of Section 25(2)(f) of the Seeds Act, which empowers the Central Government to make rules to be published in the official gazette by issuing notification in respect of the form of application for grant of a certificate under Section 9, the particulars, it may contain, the fees which should accompany it, the form of certificate and the conditions subject to which the certificate may be granted. According to































































































































































































































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