SEEDS (CONTROL) ORDER, 1983
(i) This Order may be called the Seeds (Control) Order, 1983.
(ii) It extends to the whole of India.
(iii) It shall come into force on the 30th December, 1983.
In this Order, unless the context otherwise requires,
(a) Act means the Essential Commodities Act, 1955 (10 of 1955).
(b) Controller means a person appointed as Controller of Seeds by the Central Government and includes any person empowered by the Central Government to exercise all or any functions of the Controller under this Order;
(c) Dealer means a person carrying on the business of selling, exporting or importing seeds, and includes an agent of a dealer;
(d) Export means to take or cause to be taken out from any place in India to a place outside India;
(e) Form means a form appended to this Order;
(f) Import means to bring or cause to be brought to any pla
(1) No person shall carry on the business of selling, exporting or importing seeds at any place except under and in accordance with the terms and conditions of licence granted to him under this order.
(2) Notwithstanding anything contained in sub-clause (1), the State Government may, by notification in the Official Gazette, exempt from the provisions of that sub-clause such class of dealers in such areas and subject to such conditions as may be specified in the notification.
Legal Comments
"Introduction" - Seeds (Control) Order, 1983 and Seeds Act, 1966 regulate sale, storage and certification of seeds; central framework created to ensure quality, via licences, inspections, and penalties [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037].
"What Section Says" - Section 3 of EC Act enabling Seeds Control Order; Clause 3 requires licences to sell/import/export seeds; Clause 7/8/9 outline licensing, display of prices, and documentation; Clause 15 empowers suspension/cancellation of licences after due process; Section 13(1)(c) of the Order concerns sampling and cognizance [Narendra S/o. Ramlal Kagliwal VS State of Maharashtra - 2006 0 Supreme(Bom) 1692], [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037].
"Essential ingredients" - Establishment of licensing regime for seed dealers; place-specific licences (Form B) for sale/storage; mandatory sampling procedures; due process requirements including notice and opportunity to be heard; mechanisms for seizure, inspection, and appeal; interplay with Central Seeds Committee, Seed Analysts, and Central Seed Laboratory [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037], [Jalgaon District Fertilisers, Pesticides and Seeds Dealers Association VS State of Maharashtra & others - 2002 0 Supreme(Bom) 1149], [Singla Seeds Agencies VS State of Rajasthan - 2022 0 Supreme(Raj) 104], [Cherukuri Veerabhadraiah VS Govt. of A. P. - 2015 0 Supreme(AP) 366].
"Scope of Section" - Central Act framework (EC Act, Seeds Act, Seeds Control Order) applicable to seeds intended for agricultural use; cotton seeds have varied status post amendments (e.g., removal from essential commodities list and state-specific controls) affecting application of the Order in different states [Raghu Seeds and Farms VS Union of India - 1993 0 Supreme(MP) 667], [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391], [Venkateswara Seeds & Pesticides VS State of A. P. rep. by its Principal Secretary, Department of Agriculture, Secretariat, Hyderabad - 2017 0 Supreme(AP) 457].
"Punishment for Section" - Seeds Control Order itself does not declare standalone criminal offences; enforcement generally via licence suspension/cancellation; where offences under EC Act or Seeds Act are involved, penalties may be imposed per those statutes; in some cases courts have reduced or quashed penalties on due process grounds or non-application of law [Narendra S/o. Ramlal Kagliwal VS State of Maharashtra - 2006 0 Supreme(Bom) 1692], [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037], [S. Chinnasamy VS Seed Inspector, Coimbatore - 2006 0 Supreme(SC) 921], [Krishi Utpadan Mandi Samiti VS Pillibhit Patnagar Beej LTD. - 2004 2 Supreme 660].
"Due process and natural justice" - Courts have stressed requirement to provide opportunity for cross-examination, hearing, and to rely on reports from Seed Analysts/Central Laboratory before adverse action; failure leads to quashing of licence cancellations or seizures (e.g., Seeds licence cancellation quashed for absence of due process) [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037], [01200018596], [Singla Seeds Agencies VS State of Rajasthan - 2022 0 Supreme(Raj) 104].
"Licence granularity" - Form B licences are place-specific; separate licence required for each storage/sale location; mismatches between premises and licences can lead to illegal storage, sale, or labeling acts, and permit sealing in rare cases [STATE OF MAHARASHTRA VS MAHARASHTRA HYBRID SEEDS CO. PVT. LTD. - 2019 0 Supreme(SC) 908], [National Seeds Corporation Ltd VS M. Madhusudhan Reddy - Consumer (2012)], [00900061637].
"Processing vs. sale" - Processing alone may not trigger Seeds (Control) Order licensing; the Seeds Act defines processing vs packaging/ labeling boundaries; unlawful processing/packaging without corresponding licence can attract penalties under the Order or related statutes [STATE OF MAHARASHTRA VS MAHARASHTRA HYBRID SEEDS CO. PVT. LTD. - 2019 0 Supreme(SC) 908], [Jalgaon District Fertilisers, Pesticides and Seeds Dealers Association VS State of Maharashtra & others - 2002 0 Supreme(Bom) 1149].
"Seizure and samples" - Seed Inspector carries powers to seize and sample under Seeds Act/Order; police seizure without proper authority is often reversed; sampling procedure must comply with Form IV, and lab analysis must follow timeframes; improper sampling can vitiate proceedings [Agarwal Fertilizers and Chemicals VS State of Rajasthan - 2022 0 Supreme(Raj) 335], [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391], [G. Anil Kumar Reddy VS State of Telangana - Crimes (2025)].
"Sealing powers" - Seed Inspectors may seal premises only in rare, exceptional cases; sealing requires safeguards in the Act and Rules; misuse or overreach by police or non-inspector authorities can be set aside [IMRAN MEMAN VS STATE OF M. P. - 2020 0 Supreme(MP) 1277], [National Seeds Corporation Ltd VS M. Madhusudhan Reddy - Consumer (2012)].
"Cotton seeds' status" - Post amendments, cotton seeds have been removed from essential commodities list; state-level control regimes (e.g., Gujarat/Maharashtra) have addressed price and licensing separately; central Seeds Control Order may not apply to non-notified cotton seeds, giving states room to regulate via their own acts/orders [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391], [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037], [Maharashtra Hybrid Seeds Co. (Pvt. ) Ltd. VS State of Maharashtra - 2018 0 Supreme(Bom) 227].
"Judicial approach to pricing vs. quality" - Courts tend to defer on pricing policy of states/centres but ensure quality controls under Seeds Act; where Seeds Control Order is invoked, pricing controls require explicit designation as essential commodities; constitutional validity of amendments upholding state pricing actions has been recognized in several cases [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391], [Jai Devi Beej Bhandar VS State of M. P. - 1994 0 Supreme(MP) 268].
"Alternative remedy and jurisdiction" - Writ petitions often discouraged where clause 16 of the Seeds (Control) Order provides an appeal; courts will generally expect exhaustion of statutory remedies before invoking extraordinary writs (Art. 226/Constitution) [Ramavath Shankar VS State of Telangana - 2018 0 Supreme(AP) 802], [Ramavath Shankar VS State of Telangana - 2018 0 Supreme(AP) 802].
"Open questions on sanctions" - The Seeds Order itself does not prescribe direct criminal penalties; where offences arise, prosecution is under EC Act or other relevant statutes; this separation has been a recurring point in judgments (e.g., Section 3/7 EC Act combined with Clauses 3/7/8/18 of the Order) [Narendra S/o. Ramlal Kagliwal VS State of Maharashtra - 2006 0 Supreme(Bom) 1692], [S. Chinnasamy VS Seed Inspector, Coimbatore - 2006 0 Supreme(SC) 921].
"Licence cancellation – scope of appeal" - Licence cancellations are typically reviewable via Clause 16 of the Order; courts have remanded or quashed orders where due process was missing or where proper grounds for cancellation were not established [S. Chinnasamy VS Seed Inspector, Coimbatore - 2006 0 Supreme(SC) 921], [PANKAJ TIWARI VS STATE OF UTTAR PRADESH - 2007 0 Supreme(All) 8].
"Seizure orders and return of stock" - Where seizure is found improper or not supported by procedure, seeds may be returned or seized stocks destroyed; orders often direct safe custody to third parties or return with sampling safeguards [Cherukuri Veerabhadraiah VS Govt. of A. P. - 2015 0 Supreme(AP) 366], [01200018596].
"Natural justice in multi-jurisdiction contexts" - Where seeds are governed by both central and state laws, courts emphasize conflict resolution and avoiding multiplicity via occupy-field principles; where central law occupies field (e.g., Seeds Act applied to seeds for agriculture), state actions must respect that framework or justify independent jurisdiction [National Seeds Corporation Ltd VS M. Madhusudhan Reddy - Consumer (2012)], [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391].
"Laboratory testing timelines" - Seed testing reports should be produced within reasonable time; delays in report submission can undermine cognizance and subsequent proceedings; timing becomes a matter of evidence to be resolved during trial [Agarwal Fertilizers And Chemicals VS State of Rajasthan - 2022 0 Supreme(Raj) 3068], [Singla Seeds Agencies VS State of Rajasthan - 2022 0 Supreme(Raj) 104].
"Landmark constitutional framing" - The series of judgments underscores Article 254 balancing of concurrent List domains; seeds as essential commodities create central control, but seeds for agriculture may be governed by Seeds Act at state level depending on notifications and amendments to essential commodity definitions [Raghu Seeds and Farms VS Union of India - 1993 0 Supreme(MP) 667], [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391], [G. Anil Kumar Reddy vs State of Telangana - 2025 0 Supreme(Telangana) 1724].
"Key takeaway" - The Seeds (Control) Order, 1983 creates a robust, due-process grounded licensing regime to regulate seed trade, with clear boundaries on licensing, inspections, sampling, and appeals; its application requires careful alignment with Seeds Act provisions and EC Act constraints, especially in light of evolving status of cotton seeds and essential commodity notifications [Aditya Biotech VS State of M. P. - 2017 0 Supreme(MP) 1037], [Narendra S/o. Ramlal Kagliwal VS State of Maharashtra - 2006 0 Supreme(Bom) 1692], [All India Corporation Biotech Association of India VS State of Gujarat - 2009 0 Supreme(Guj) 391].
Every person desiring to obtain a licence for selling, exporting or importing seeds shall make an application in duplicate in Form A together with a fee of rupees fifty for licence to licensing authority.
(1) The licensing authority may, after making such enquiry as it thinks fit, grant a licence in Form B to any person who applies for it under clause 4:
Provided that a licence shall not be issued to a person-
(a) whose earlier licence granted under this Order is under suspension, during the period of such suspension;
(b) whose earlier licence granted under this Order has been cancelled, within a period of one year from the date of such cancellation.
(c) who has been convicted under the Essential Commodities Act, 1955 (10 of 1955) or any order issued thereunder within three years preceding the date of application.
(2) When the licensing authority refuses to grant licence to a person who applies for it unde
Every licence under this Order, shall, unless previously suspended or cancelled, remain valid for three years from the date of its issue.
(1) Every holder of licence desiring to renew the licence, shall, before the date of expiry of the licence, make an application for renewal in duplicate, to the licensing authority in Form C together with a fee of rupees twenty for renewal. On receipt of such application, together with such fee, the licensing authority may renew the licence.
(2) If any application for renewal is not made before the expiry of the licence, but is made within one month from the date of expiry of the licence, the licence may be renewed on payment of additional fee of rupees twenty five, in addition to the fee for renewal of licence.
Every dealer of seeds shall display in his place of business:
(a) the opening and closing stocks, on daily basis, of different seeds held by him;
(b) a list indicating prices or rates of different seeds.
Every dealer shall give a cash or credit memorandum to a purchaser of seeds.
Where it is considered necessary to do so in public interest, the Controller may, by an order in writing direct any producer or dealer to sell or distribute any seed in such manner as may be specified therein.
The State Government may by notification in the Official Gazette appoint such number of persons as it thinks necessary to be licensing authority and may also define in that notification the area within which each such licensing authority shall exercise his jurisdiction.
The State Government may by notification in the Official Gazette appoint such number of persons as it thinks necessary to be inspectors and may in such notification define the local area within which each such Inspector shall exercise his jurisdiction.
(1) An Inspector may with a view to securing compliance with this Order-
(a) require any dealer to give any information in his possession with respect to purchase, storage and sale of seeds by him;
(b) enter upon and search any premises where any seed is stored or exhibited for sale to ensure compliance with the provisions of this Order;
(c) draw samples of seeds meant for sale, export and seeds imported, and send the same in accordance with the procedure laid down in Schedule I, to a laboratory notified under the Seeds Act, 1966 (54 of 1966) to ensure that the sample conforms to standard of quality claimed;
(d) seize or detain any seed in respect of which he has reason to believe that a contravention of this Order has been committed or is being com
The laboratory to which a sample has been sent by an Inspector for analysis under this Order shall analyse the said samples and send the analysis report to the concerned Inspector within 60 days from the date of receipt of the sample in the laboratory.
The licensing authority may, after giving the holder of the licence an opportunity of being heard, suspend or cancel the licence on the following grounds, namely:-
(a) that the licence had been obtained by misrepresentation as to a material particular; or
(b) that any of the provisions of this Order or any condition of licence has been contravened.
Any person aggrieved by an order-
(a) refusing to grant, amend or renew the licence for sale, export or import of seeds;
(b) suspending or cancelling any licence, may within sixty days from the date of the order, appeal of such authority as the State Government may specify in this behalf, and the decision of such authority shall be final.
Provided that an application for appeal shall accompany an appeal fee of rupees fifty.
The licensing authority may, on receipt of a request in writing together with a fee of rupees ten from a dealer, amend the licence of such dealer.
(1) Every dealer shall maintain such books, accounts and records relating to his business as may be directed by the State Government.
(2) Every dealer shall submit monthly return relating to his business for the preceding month in Form C to the licensing authority by the 5th day of every month.
(See clause 13)
Sealing, Fastening, Despatch and Analysis of Samples
I. Manner of taking Samples
Samples of any seed for the purpose of analysis shall be taken in a clean dry container which shall be closed sufficiently tight to prevent leakage and entrance of moisture and shall be carefully sealed.
II. Sampling Intensity
Bulk Sampling When sampling seed lots are stored in bulk (heaps, bins, wagons, etc.), the following sampling intensity should be regarded as a minimum requirement for obtaining the bulk sample.
(a) upto 500 kilograms at least 5 individual samples except in case of small lots upto 50 kilograms where a smaller number of samples is sufficient, no
(See clause 4)
FORM OF APPLICATION TO OBTAIN DEALERS LICENCE
To
The Registering Authority,
_________________ (Place)
State of/ U.T. of
1. Full name 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 proprietory/partnership/Limited Company/Hindu undivided family concern? Give the Name(s) and address(es) of proprietor/partner/Manager/Karta.
(See clause 5)
LICENCE TO CARRY ON THE BUSINESS OF A DEALER IN SEEDS
Licence No. ________________ Date: ________________
Subject to the provisions of the Seeds (Control) Order, 1983 and to the terms and conditions of this Licence Shri/M/s _________________________________________________ is hereby granted licence to sell, export, import and store for the said purposes of seeds.
2. The licencee shall carry on the aforesaid business at _______________________ (Place for storage and place for sale) _______________________ (Tehsil or District) ____________________
Date: ________________
Seal:
Licensing Authority
&
(See clause 7)
APPLICATION FOR RENEWAL OF LICENCE TO CARRY ON THE BUSINESS OF A
DEALER IN SEEDS
To
The Licensing Authority
________________ (Place)
State of/U.T. of
I/We hereby apply for renewal of the Licence to carry on the business of dealer in seeds under the name and style of Shri/M/s. _______________________________________________ The licence, desired to be renewed, was granted by the Licensing Authority for the State of ____________________________ and alloted Licence No. ____________________ on the ______ day of ____________________19
Signature of applicant(s)
(See clause 18)
1. Month and year:
2. Name and designation of Licensee:
(Quantity in Quintals)
Crop/ Variety Class of seed Opening stock on the first day of the month Quantity purchased during the month Total quantity imported Total Total quantity sold Total quantity exported Closing stock on the last day of the month
1 2 3 4 5 6 7 8 9
(3+4+5) 6-(7+8)
Signature of dealer
Name: _______________
Address: _____________
_________
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