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  "title": "Seed Act, 1976",
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  "text": "Page 1 of 23  \r\n \r\n \r\n \r\nTHE SEED ACT, 1976 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3.  Establishment of the National Seed Development and Regulatory Authority \r\n3A.  Appointment and term of office of the Chairperson and members \r\n3B.  Meeting of the Authority \r\n3C.  Constitution of committees, bodies, etc. \r\n3D.  Board of Governors \r\n3E.  Powers and functions of the Board \r\n4. Powers and functions of the Authority \r\n4A.  Fund of the Authority \r\n5.  Establishment of Federal Seed Certification Agency \r\n6.  Functions of Federal Seed Certification and Registration Department \r\n7.  [Omitted] \r\n8.  [Omitted] \r\n9.  Establishment of Provincial Seed Council \r\n10.  Power to notify varieties or species of seed \r\n11.  Regulation of sale of seeds of Plant varieties and species \r\n12.  Appointment of registered growers \r\n13.  Grant of certificate by Federal Certification and Registration Department \r\n14.  Period for which registration and certification shall be effective \r\n15.  Cancellation of certification \r\n16.  Appeal \r\n17.  Seed Analyst \r\n\r\n \r\nPage 2 of 23  \r\n18.  Seed Certification Officer \r\n19.  Seed Inspector \r\n20.  Power of Seed Inspectors \r\n21.  Procedure to be followed by Seed Inspector \r\n22.  Report of Seed Testing Laboratory \r\n22A.  Registration or enlisting of plant variety or hybrid \r\n22B.  Registration to do seed business \r\n22C.  Registration of seed dealer \r\n22D.  Registration of seed processing units \r\n22E.  Restrictions \r\n22F.  Establishment of seed testing laboratories \r\n22G.  Registration of genetically modified plant varieties \r\n22H.  Horticulture nurseries to be registered \r\n22I.  [Omitted] \r\n22J.  Variety Evaluation Committee \r\n23.  Offences and penalty \r\n24.  Power of court to order forfeiture \r\n24A.  Appeal to the Authority \r\n24B.  Seed Tribunals \r\n24C.  Powers and functions of the Tribunals \r\n25.  Cognizance of offence etc. \r\n26.  Presumption as to order \r\n27.  Indemnity \r\n28.  Delegation of powers \r\n28A.  Audit \r\n29.  Power to make rules \r\n30.  Power to make regulations \r\n31.  Savings \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 23  \r\nTHE SEED ACT, 1976 \r\n \r\nACT No. XXIX OF 1976 \r\n \r\n[11th May, 1976] \r\n \r\nAn Act to provide for controlling and regulating the quality of seeds of various varieties of \r\ncrops \r\n \r\nWHEREAS it is  expedient to provide for controlling and regulating the quality  of seeds of \r\nvarious varieties of crops and for matters connected therewith; \r\n \r\nAND WHEREAS the Provincial Assemblies of the Punjab, Sindh, the 1[Khyber \r\nPakhtunkhwa] and Baluchistan have passed resolutions under Article 144 of the Constitution of the \r\nIslamic Republic of Pakistan to the effect that Parliament may by law­regulate and control the quality \r\nof seeds of various varieties of crops; \r\n \r\nIt is hereby enacted as follows:— \r\n \r\nPRELIMINARY \r\n \r\n1. Short title, extent and commencement.—(1) This Act may be called the Seed Act, 1976. \r\n \r\n (2) It extends to the whole of Pakistan. \r\n \r\n (3) It shall come into force at once. \r\n \r\n2. Definitions.—In this Act, unless there is anything repugnant in the subject or context⎯, \r\n \r\n2[(i)  “accredited laboratory” means any seed testing laboratory established in \r\npublic sector or private sector and accredited by an appropriate organization as \r\nmay be prescribed; \r\n \r\n(ii)  “approved seed” means seed true to species as approved by the Federal \r\nSeed Certification and Registration Department;] \r\n \r\n1[(iia) “Authority” means the National Seed Development and Regulatory Authority \r\nconstituted under this Act;]  \r\n \r\n2[(iii)  “basic seed” means progeny of the pre­basic  seed produced by any public \r\nsector or private  sector organization and certified by the Federal Seed \r\nCertification and Registration Department;] \r\n \r\n1[(iiia) “Board” means the Board of Governors constituted under this Act;]  \r\n \r\n \r\n2[(iv)] “certified seed” means seed certified by the Federal Seed Certification 2[and \r\nRegistration Department;] \r\n \r\n1[(iva) “Chairperson” means the chairperson of the Authority;]  \r\n \r\n2[(v)  “enlisted variety” means a variety enlisted by the Federal Seed Certification \r\nand Registration  Department under Section 22A;] \r\n \r\n2[(vi)] “Federal Seed Certification 1[Department] means the Federal Seed \r\nCertification 2[and Registration Department] established under section 5; \r\n \r\n2[1[(vii) “Fund” means the National Seed Development and Regulatory Authority \r\nFund, created under this Act;]  \r\n \r\n1Subs. and ins. by the Act No. XXXVI of 2024, ss. 2-3. \r\n2Subs., renumbered, and ins. by Act No. VII of 2015, s. 2. \r\n \r\nPage 4 of 23  \r\n (viii)  “genetically modified variety” means plant varieties which have been bred \r\nby genetic engineering involving  molecular techniques that modify, \r\nrecombine and transfer genes or segments of genetic material and includes  \r\nrecombinant deoxyribonucleic acid (DNA) techniques that transfer genes \r\nor segments of genetic materi al between genotype and also apply to plant \r\nvarieties derived from a living modified organism;    \r\n(ix)  “horticulture nursery” means any grounds or premises on which nursery \r\nplants are propagated, grown or  procured for resale and held for sale \r\nthroughout the year;] \r\n \r\n1[(x) “hybrid” means (1) the first generation offspring of a cross between two \r\nindividuals (plants) differing in one      or more genes; (2) the progeny of a cross \r\nbetween species of the same genus or of different genera; \r\n \r\n \r\n2[(xa) “Member” means a member of the Authority;]    \r\n (xi)  “misbranded seed” means a seed if― \r\n \r\n(i)  it is  a substitute for, or resembles in a manner likely to deceive,  \r\nanother plant variety or hybrid of seed  under the name of which it is \r\nsold, and is not plainly and conspicuously labelled so as to indicate \r\nits true nature; \r\n \r\n(ii)  it is falsely stated to be the product of any place or country; \r\n \r\n(iii)  it is sold by a name which belongs to another kind or plant variety or \r\nhybrid of seed; \r\n \r\n(iv)  false claims are made for it upon the label or otherwise; \r\n \r\n(v)  when sold in a package which has been sealed or prepared by, or at the \r\ninstance of, the person engaged in seed  business and which bears his \r\nname or address, the contents of each package are not \r\nconspicuously and correctly stated on the outside thereof within the \r\nlimits of variability prescribed under this Act; \r\n   \r\n(vi)  the package containing it or the label  on the package, bears  any \r\nstatement, design or device  regarding the quality or the kin d or plant \r\nvariety or hybrid of seed contained therein, which is false or \r\nmisleading in any  material particular or if the package is otherwise \r\ndeceptive with respect to its contents; \r\n \r\n(vii)  it is not registered in the manner required by or under this Act; \r\n \r\n(viii)  its label contains any reference to registration other than registration \r\nnumber; \r\n \r\n(ix)  its label does not contain a warning or caution which may be necessary \r\nand sufficient, if complied with, to  protect human, animal and plant \r\nlife and health or to avoid serious prejudice to the environment; \r\n \r\n \r\n1Ins. by Act No. VII of 2015, s. 2. \r\n2Ins. by Act No. XXXVI of 2024, s. 3. \r\n \r\n \r\nPage 5 of 23  \r\n(x)  the package containing it or the label  on the package bears  the name \r\nof a fictitious individual or company as the dealer of the kind or plant \r\nvariety or hybrid; or \r\n \r\n(xi)  it is not labeled in accordance with the requirements of this Act or \r\nthe rules made thereunder;] \r\n \r\n (xii)   1[* * * * * * *] \r\n \r\n2[(xiii)] “notified variety or species” means a variety or species which has been \r\nnotified as such under section 10; \r\n \r\n2[((xiv) “person” means any natural or legal entity and includes an association of \r\npersons firm, partnership,  society, group of persons, a public or private \r\nlimited company, corporation, cooperative society or any other  body \r\ncorporate;] \r\n \r\n2[(xv)] “post­control” means a trial to check on varietal authenticity and purity of \r\nthe certified seed; \r\n \r\n2[(xvi)] “pre­basic seed” means seed of high genetic purity produced by a plant \r\nbreeder]; \r\n \r\n2[(xvii)] “prescribed” means prescribed by rules 1[or regulations] ; \r\n   \r\n1[(xviia) “President” means the president of the Board;]  \r\n \r\n2[(xviii)] “Provincial Seed Council’ means a Provincial Seed Council established \r\nunder section 9; \r\n \r\n2[(xix)] “registered grower” means a person­or group of persons engaged in \r\nproducing seed and registered as such under this Act; \r\n \r\n2[(xx)] “registered variety” means a variety registered by the 1[Federal Seed \r\nCertification Department under section 22A] \r\n \r\n1[(xxa) “regulations” means the regulations made under this Act;]  \r\n \r\n2[(xxi)] “released variety” means a registered variety having agricultural value for \r\ngrowing in a Province and approved by the Provincial Seed Council; \r\n \r\n2[(xxii)] “rules” means rules made under this Act; \r\n \r\n2[(xxiii) “seed” means any of the branded reproductive or vegetative propagating \r\nmaterial of the  plants of field crops, vegetable crops, fruits, spices, medicinal \r\nherbs, flowers, shrubs, forest trees,  other plant species  and mushroom spawn \r\nused for sowing or planting the genera or species  prescribed by the Federal \r\nGovernment;] \r\n \r\n2[(xxiv)] “Seed Analyst” means a Seed Analyst appointed under section 17; \r\n \r\n \r\n1Omitted and ins. by Act No. XXXVI of 2024, s. 3. \r\n2Renumbered, ins. and subs. by Act No. VII of 2015, s. 2. \r\n \r\n \r\nPage 6 of 23  \r\n1[(xxv) “seed business” means any commercial operation of seed involving \r\nproduction, processing,  conditioning, packaging, distribution, import and \r\nexport of seeds;] \r\n \r\n1[(xxvi)] “Seed Certification Officer” means a Seed Certification Officer appointed \r\nunder section 18; \r\n \r\n1[(xxvii) “seed dealer” means any person registered as seed dealer under this Act]; \r\n \r\n1[(xxviii)] “Seed Inspector” means a Seed inspector appointed under section 19; \r\n \r\n1[(xxix)“seed processing” means the process by which seeds and planting materials \r\nare dried, threshed, shelled, ginned or delinted (in cotton), cleaned, graded or \r\ntreated;] \r\n \r\n1[(xxx)] “species” means a group of plants representing a crop known by a \r\ncommon name, such as, wheat, paddy and cotton belonging to one species \r\nsub­species or forma;1[*] \r\n \r\n1[(xxxi)“terminator technology” means genetic modification that includes gene or \r\ngene sequences which restrict germination of the seed produced by the plant \r\nvariety or hybrid during the next subsequent year of planting;] \r\n \r\n1[(xxxii) “truthfully labeled seed” means seed of a 2[enlisted] variety or hybrid \r\nproduced locally or  imported and which conforms to standards as prescribed \r\nunder the rules;] \r\n \r\n1[(xxxiii)] “ variety” means a group of plants belonging to a species which for \r\ncropping purpose is considered as an individual unit and can be  distinguished \r\nfrom other varieties of the same species 1[;and] \r\n \r\n1[(xxxiv) “variety evaluation committee” means the  committee constituted for \r\nevaluation of candidate crop varieties in the country as may be prescribed.] \r\n \r\n 2[3. Establishment of the National Seed Development and Regulatory Authority. ―(1) \r\nThere shall be constituted an authority, to be known as the National Seed Development and \r\nRegulatory Authority, for carrying out such purposes and functions as may be entrusted to it under \r\nthis Act or by rules and regulations made thereunder.  \r\n \r\n (2) The Authority shall be a body corporate, having perpetual succession and a common seal, \r\nwith power to purchase, procure, sell, exchange, hold, acquire, and dispose of property and interests \r\ntherein, both movable and immovable, and may by its name sue or be sued. \r\n \r\n \r\n \r\n \r\n \r\n1Ins., renumbered, omitted, subs. and added by Act No. VII of 2015, s. 2. \r\n2Subs. by Act No. XXXVI of 2024, ss. 3-4. \r\n \r\n \r\n \r\n \r\nPage 7 of 23  \r\n (3) The head office of the Authority shall be at Islamabad, or at such other place or places, as \r\nthe Federal Government may by notification in the official Gazette, defermine.] \r\n \r\n 1[3A. Appointment and term of office of the Chairperson and members. —(1) Authority \r\nshall comprise a Chairperson and such other members as may be appointed by the Prime Minister, \r\nfrom amongst the persons possessing such qualifications and on terms and conditions as \r\nmay be prescribed: \r\n \r\n Provided that until rules are made in this regard, the Chairperson and members of the \r\nAuthority shall be appointed on such terms and conditions as the Pr ime Minister may determine.  \r\n \r\n (2) The Chairperson of the Authority shall be an eminent professional of known integrity and \r\nhaving minimum experience of ten years in the field of agriculture. \r\n \r\n (3) The term of the office of the Chairperson and Members shall  be three years, extendable \r\nfor a further period of two years. \r\n \r\n (4) Any person ceasing to be the Chairperson or member by reason of the expiry of the term \r\nof his office, or by resignation, shall be eligible for re-appointment. \r\n \r\n (5) The Chairperson or any  member may, at any time, resign from his office of the \r\nAuthority, provided that such resignation shall not take effect until duly accepted by the Prime \r\nMinister. \r\n \r\n 3B. Meeting of the Authority. —(1) The Authority shall meet at least once each month on \r\nsuch date, time and place as may be fixed by the Chairperson. \r\n \r\n (2) The  Chairperson and, in his absence, the most senior member of the Authority shall \r\npreside over meetings of the Authority. \r\n \r\n (3) The quorum for a meeting of the Authority shall be the Chairperson and simple majority \r\nof the members. \r\n \r\n 3C. Constitution of commi ttees, bodies, etc. —The Authority may, from time to time, \r\nconstitute such committees, facilities and bodies, and coopt such experts and consultants, as may be \r\ndeemed appropriate, to carry out works and functions envisioned under this Act: \r\n \r\n Provided that a ll committees, facilities and bodies, constituted by the Authority, or as the \r\ncase may be, established under this Act, except the Board, shall work under the supervision and \r\ncontrol of the Authority, in accordance with this Act. \r\n \r\n 3D. Board of Governors. —(1) There shall be a Board, to be known as the Board of \r\nGovernors, under this Act. \r\n \r\n (2) The Board shall consist of the following members, namely:— \r\n \r\n(a)     Federal Minister of National Food Security and Research President \r\n \r\n  \r\n 1Subs. by Act No. XXXVI of 2024, s. 5. \r\n \r\nPage 8 of 23  \r\n(b)     Chairperson of the Authority                             Member \r\n \r\n (c)      Secretary Ministry of National Food Security and               Member \r\n          Research, Government of Pakistan, or his \r\n          representative not below the rank of Additional \r\n          Secretary or equivalent. \r\n \r\n(d)     Secretary, Finance Division, Government of          Member \r\n          Pakistan, or his representative not below the rank of \r\n          Additional Secretary or equivalent. \r\n \r\n(e)     Representatives of Provincial Agriculture departments,       Members \r\n          to be nominated by each Provincial Government \r\n \r\n(f)     Chairman Pakistan Agricultural Research Council                Member \r\n \r\n(g)     one representative each to be nominated by the Seed           Member \r\n          Association of Pakistan, Croplife Pakistan Association, \r\n          and Pakistan Hi-Tech Hybrid Seed Association \r\n \r\n(h)      Four experts one from each province, at least one of           Members \r\n           whom to be Vice-Chancellor of an Agriculture \r\n           University, having relevant experience in the \r\n           field of seed, to be nominated by the President, \r\n           on recommendation of the Chairperson of the \r\n           Authority from time to time. \r\n \r\n(i)       Four progressive farmers, one from each province, to           Members \r\n           be nominated by the President, on recommendation of \r\n           the Chairperson of the Authority from time to time. \r\n \r\n(j)   such other members as may be appointed by the President, on the  \r\nrecommendations of the Chairperson of the Authority, from time to time. \r\n                   \r\n (3) In the absence of the Federal Minister of National Food Security and Research, any other \r\nmember of Board, nominated by the President, shall preside over the meetings of the Board. \r\n \r\n (4) The term of office of the members of the Board, other than ex-officio members, shall be \r\nthree years, which may be extended for a further period of two years. \r\n \r\n 3E. Powers and functions of the Board. —(1) The Board shall be responsible for providing \r\npolicy directions and general guidelines to the Authority, for effectively carrying out the purposes \r\nenvisioned under this Act. In particular and without prejudice to the foregoing, the Board shall— \r\n \r\n(a)  monitor and review the functioning of the Authority; \r\n \r\n(b)  issue guidelines to the Authority, as per the applicable policy regime of the \r\nFederal Government; \r\n \r\n(c)  conduct audit as well as annual performance review of the Authority, or any of \r\nits officer but subject to Articles 169 and 170 of the Constitution in respect of \r\nmaintenance and audit of accounts of the Authority; \r\n \r\nPage 9 of 23  \r\n \r\n(d)  institute appropr iate accountability and oversight mechanisms to ensure \r\neffective discharge of Authority’s functions under this Act; \r\n \r\n(e)  approve budget of the Authority and ensure effective utilization thereof; \r\n \r\n(f)  advise and recommend to the Federal Government on policy issues as well as \r\nother matters pertaining to the seed sector; \r\n \r\n(g)  establish liaison between the respective governments as well as departments, \r\nbodies and instrumentalities thereof and the Authority; and \r\n \r\n(h)  carry out other functio ns ancillary thereto, or connected therewith, for the \r\npurposes of this Act. \r\n \r\n (2) The Board may, from time to time, constitute such committees and entrust such powers \r\nand functions thereto as the Board may deem appropriate, in the manner as may be prescribed. \r\n \r\n (3) The Board may, upon direction of the President, through a written order, subject to any \r\nrestriction specified therein, delegate any of its powers or functions to any member or Chairperson of \r\nthe Authority.] \r\n \r\n 1[4. Powers and functions of the Auth ority.—(1) Subject to the provisions of this Act and \r\nthe rules and regulations made thereunder, the Authority shall carry out, manage and supervise all \r\nworks and functions envisioned under this Act. In particular and without prejudice to the generality \r\nof the foregoing, the Authority shall, inter-alia,— \r\n \r\n(a)  recommend, formulate and implement policy for effective administration, \r\nmanagement, development and growth of the seed sector, in consultation with \r\nFederal as well as Provincial Governments, and instrumentalities thereof; \r\n \r\n(b)  develop and implement the requisite policy, legal, administrative, financial, \r\nregulatory or other frameworks for the effective performance of functions \r\nenvisioned under this Act and institute appropriate control and accountabilit y \r\nmechanisms for such purpose; \r\n \r\n(c)  supervise seed sector from end -to-end, including, inter-alia, registration, \r\nproduction, warehousing, storage, breeding, certification, marketing, supply, \r\nharvesting, post-harvesting, import, export and internal trading thereof, etc.; \r\n \r\n(d)  coordinate research and development activities or initiatives, in consultatio n \r\nwith Federal as well as Provincial Governments and other research bodies and \r\ninstitutes; \r\n \r\n(e)  synergize and optimize the seed sector of Pakistan, at public as well as private \r\nlevel; \r\n \r\n(f)  supervise functions of, inter-alia, Federal Seed Certification and Registrat ion \r\nDepartment, Plants Breeders’  Rights Registry and variety evaluation \r\ncommittee, prescribed under this Act and applicable laws; \r\n \r\n 1Subs. by Act No. XXXVI of 2024, s. 6. \r\n \r\n \r\nPage 10 of 23  \r\n(g)  exercise supervision over departments,  committees and other such bodies \r\nconstituted under this Act, in accordance with relevant law;    \r\n(h)  execute contracts or other legal instruments, transact with governmental and \r\nnon-governmental entities and enter into other legal and corporate \r\narrangements, directly  or indirectly, with foreign as well as local bodies to \r\npromote, attract and protect investment in the seed sector; \r\n \r\n(i)  proceed, in the manner as may be prescribed, against employees of the \r\nAuthority involved in, inter-alia, corrupt practices, professional misconduct \r\nand in-efficiency; \r\n \r\n(j)  approve, implement and regulate the standards of qualities and varieties of \r\nseed; \r\n \r\n(k)  issue guidelines for administration of quality control, marketing, post -harvest \r\nmanagement and storage modalities of seed; \r\n \r\n(1)  regulate and monitor inter-provincial trade and transportation of seed; \r\n \r\n(m)  advise the Federal Government on import and export of seed; \r\n \r\n(n)  recommend to the Federal and the Provincial Governments, as well as entities \r\nand offices thereof, on any supplementary and incidental issue pertaining to \r\nseed; \r\n \r\n(o)  take initiatives and policies with regards to agriculture sector, as relates to the \r\nusage and efficiency of seed; \r\n \r\n(p)  pass, directly and indirectly, for reasons to be re corded in writing, appropriate \r\nobservations, or other orders, including imposition of penalty, blacklisting, \r\nagainst any person or body that violates the provisions of this Act, or illegally \r\nparticipates or interferes in the seed sector; \r\n \r\n(q)  create, sanc tion, merge, de -merge, or abolish posts and oversee the \r\nperformance of its employees; \r\n \r\n(r)  hear and decide appeals, under this Act; and \r\n \r\n(s)  carry out all other works and functions connected therewith or ancillary \r\nthereto. \r\n \r\n (2) The Authority may appoint , employ, remove and regulate such officers and other \r\nmembers of staff, or appoint such experts and consultants, from public as well as private sector, on \r\ninitial recruitment, deputation, secondment, or otherwise as it may consider necessary for the \r\nperformance of its functions under this Act, from time to time: \r\n \r\n Provided that all employees of the Federal Seed Certification and Registration Department \r\nshall continue to be governed under the Civil Servants Act, 1973 (Act LXXI of 1973) or other \r\nservice laws applicable to them.]   \r\n 1[4A. Fund of the Authority. —(1) There shall be a fund, to be known as the Authority \r\nFund, vested in the Authority for the purposes of carrying out all powers and functions under this \r\nAct. \r\n \r\n \r\n 1Ins. by Act No. XXXVI of 2024, s. 7. \r\n \r\nPage 11 of 23  \r\n \r\n (2) The Authority Fund shall consist of, inter-alia,— \r\n \r\n(a)  grants made by the Federal Government; \r\n \r\n(b)  loans obtained by the Authority, \r\n \r\n(c)  monies, aid, grants, proceeds or sums received, o r earned, by the Authority; \r\nand \r\n \r\n(d)  all other sums, including, inter-alia, fees, charges and levies recovered or \r\nreceived by the Authority. \r\n \r\n (3) The Authority Fund shall be kept in one or more accounts maintained by the Authority, in \r\nlocal or foreign currency, and shall be operated, utilize d and regulated in such manner as may be \r\nprescribed: \r\n \r\n Provided that the account having foreign currency, if any, shall be operated with the prior \r\napproval of the Finance Division, Government of Pakistan.] \r\n \r\n 5. Establishment of Federal Seed Certification A gency.—As soon as may be after the \r\ncommencement of this Act, the Federal Government shall establish a Federal Seed Certification \r\n1[and Registration Department] for the performance of such functions as may be entrusted to it under \r\nthis Act. \r\n \r\n 6. Functions of Federal Seed Certification 1[and Registration Department]. —The \r\nFederal Seed Certification 1[and Registration Department] shall perform the following functions, \r\nnamely:— \r\n \r\n(a)  controlling the quality of seeds; \r\n \r\n(b)  registering growers in such manner and subject to such conditions as may be \r\nprescribed; \r\n \r\n(c)  certification of seeds; \r\n \r\n(d)  field inspection of the crops of registered varieties and released varieties \r\nintended for sale as basic seed or certified seed; \r\n \r\n(e)  sampling and testing of seed lots intended for sale in order to ascertain \r\ntheir purity, viability, germination capacity and health status in the prescribed \r\nmanner; \r\n \r\n(f)  issuing certificates in respect of seeds which meet the prescribed standards of \r\nparticular category of seeds; \r\n \r\n(g)  carrying out post­control trials on pre­basic, basic and certified seeds; \r\n \r\n(h)  sampling and analysing seed lots delivered to the processing plants to \r\nestablish a basis for the purchase of such lots; \r\n \r\n(i)  arranging training courses for1[persons engaged in the seed business;] \r\n \r\n \r\n 1Subs. by Act No. VII of 2015, ss. 3­6. \r\n \r\n \r\nPage 12 of 23  \r\n \r\n(j)  providing technical and specialist advice and assistance to the 1[Authority] in \r\nthe performance of its functions 2[; and] \r\n \r\n2[(k)  conduct pre­registration checking of varieties of both public and private \r\nsectors submitted for the purpose of— \r\n \r\n(i)  determining agronomic value regarding regional suitability for \r\nregistration as a plant variety or hybrid evaluated by variety evaluation \r\ncommittee; \r\n \r\n(ii)  providing definitive botanical description of plant varieties; and \r\n \r\n(iii)  providing information on genetic suitability and adaptability of \r\nvarieties; \r\n \r\n(l)  register seed varieties after conducting pre­registration checking under clause \r\n(k); \r\n \r\n(m)  publish a list of registered plant varieties; \r\n \r\n(n)  perform such other functions as the 1[Authority]  may entrust to it; and \r\n \r\n(o)  propose procedures for maintaining purity of the seed stock and conduct \r\nresearch in seed science and technology.] \r\n \r\n 7. 2[*     *        *   *      *      *       *] \r\n \r\n 8. 2[*     *        *   *      *      *       *] \r\n \r\n 9. Establishment of Provincial Seed Council. ―As soon as may be after the \r\ncommencement of this Act, each Provincial Government shall establish a Provincial Seed Council \r\nfor the performance of such functions  for the purposes of this Act as  may be entrusted to it by the \r\nFederal Government, in consultation with the Provincial Government. \r\n \r\n 10. Power to notify varieties or species of seed.—The 1[Authority] may, by notification in \r\nthe official Gazette, specify:— \r\n \r\n(a)  the varieties or species of seed approved for production in a Province or any \r\npart thereof; \r\n \r\n(b)  the minimum limits of germination and purity standards to which such seed \r\nshall conform; and \r\n \r\n(c)  the mark and label to indicate that such seed conforms to the minimum limits \r\nof germination and purity standards and the particulars which such mark or \r\nlabel may contain. \r\n \r\n 11. Regulation of sale of seeds of 1[Plant] varieties and species.― 2[(1)]No person shall \r\nsell, offer for  sale, or advertise or hold in stock for sale, or barter or ot herwise supply, any seed of \r\nany notified variety or species unless,— \r\n \r\n \r\n1\r\nSubs. by Act No. XXXVI of 2024, ss. 8-9.\r\n \r\n2Subs., added, omitted and numbered by Act No. VII of 2015, ss. 6­7. \r\n \r\nPage 13 of 23  \r\n (a)  such seed is identifiable as to its variety or species; \r\n \r\n(b)  such seed conforms to the minimum limits of germination and purity standards \r\nas laid down under section 10; \r\n \r\n(c)  the container of such seed bears the mark and label containing correct \r\nparticulars thereof in the prescribed manner; and \r\n \r\n1[(d) any other requirement as may be prescribed has been complied with.] \r\n \r\n1[(2) No person shall sell, advertise or hold in stock for sale, seed of any plant variety or \r\nhybrid banned or not approved by the Federal Government or a Provincial Government.] \r\n \r\n 12. Appointment of registered growers.—The Federal Seed Certification 1[and \r\nRegistration Department] may, 2[on an application made in the prescribed manner or] on the \r\nrecommendation of a Provincial Seed Council, register any farmer or grower as a registered grower \r\nto produce seed in the prescribed manner. \r\n \r\n 13. Grant of certificate by Federal Certification 1[and Registration Department].—(1) \r\nAny person intending to produce  notified varieties or species of seed, or stock  for sale, or offer for \r\ndistribution or otherwise supply seed of a notified variety or species  may, if he desires to have such \r\nseed certified or tested by the Federal Seed Certification 1[and Registration Department], apply to the \r\nsaid 1[and Registration Department] for the grant of a certificate for this purpose. \r\n \r\n (2) Every application under sub­section (1) shall be in such form and be accompanied by \r\nsuch fee and contain such information as may be prescribed. \r\n \r\n (3) On receipt of an application under sub­section (1), the Federal Certification 1[and \r\nRegistration Department], may after such enqui ry as it thinks fit and after satisfying itself that the \r\nseed to which the application relates conforms to the minimum prescribed standards, grant a \r\ncertificate in such form and on such conditions as may be prescribed. \r\n \r\n 14. Period for which registration a nd certification shall be effective. —(1) The \r\nregistration of a grower  for producing seeds shall be effective for such period, not exceeding five \r\nyears, as may be prescribed. \r\n \r\n(2) The certification of the notified varieties and species of seeds shall be effective for such \r\nperiod as may be prescribed. \r\n \r\n 15. Cancellation of certification. —If, at any time after certification under sub­section (3) of \r\nsection 13, the Federal Seed Certifi cation 1[and Registration Department] is satisfied, either on a \r\nreference made to it in this behalf or otherwise, that— \r\n \r\n(i)  the certificate granted by it has been obtained by misrepresentation or \r\nsuppression of an essential fact; or \r\n \r\n(ii)  the holder of the certificate has, without reasonable cause, failed to comply \r\nwith the conditions subject to, which the certificate has been granted or has \r\ncontravened any of the provisions of this Act or the rules, \r\n \r\nthen, without prejudice to any other penalty to which the holder of the \r\ncertificate may be liable under this Act, the Fede ral Seed Certification 1[and \r\nRegistration Department] may, after giving the holder an opportunity of \r\nshowing cause, cancel the certificate. \r\n \r\n 1Subs. and added by Act No. VII of 2015, ss. 7-8. \r\n 2Ins. by Act No. XXXVI of 2024, s. 10. \r\n \r\nPage 14 of 23  \r\n16. Appeal.—(1) Any pers on aggrieved by a decision of the Federal Seed Certification \r\n1[and Registration Department] under section 15 to cancel  a certificate may, within thirty days from \r\nthe date on which the decision to cancel the certificate is communicated to him and on payment of \r\nsuch fee as may be prescribed, prefer an appeal 2[before the Authority]. \r\n \r\n (2) On receipt of an appeal under sub­section (1), the 2[Authority] shall, after giving the  \r\nappellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. \r\n \r\n (3) The order of the 2[Authority] under this section shall be final. \r\n \r\n 17. Seed Analyst. —The Federal Seed Certification 1[and Regist ration Department] may, \r\nby notification in the official Gazette, appoint any person to be a Seed Analyst to test the quality and \r\npurity of seed produced at the seed farms before it is given out for commercial cultivation. \r\n \r\n 18. Seed Certification Officer. —The Federal Seed Certification 1[and Registration \r\nDepartment] may, by notification in the official Gazette, appoint such person as it thinks fit to be a \r\nseed Certification Officer for such area as may be specified in the notification. \r\n \r\n(2) A Seed Certification Officer shall perform the same functions as are assigned to a Seed \r\nInspector and also supervise the work of the Seed Inspectors in the area for which he is appointed. \r\n \r\n 19. Seed Inspector.—The Federal Seed Certification 1[and Registration Department] may, \r\nby notification in the official Gazette, appoint such persons as it thinks fit to be seed Inspectors for \r\nsuch areas as may be specified in the notification. \r\n \r\n 20. Power of Seed Inspectors.―(1) A Seed Inspector may, within the area for which he is  \r\nappointed, inspect and take samples of any seed in labeled cont ainers purporting to contain seed of a  \r\nnotified variety or species of seed from any person producing, selling, delivering, stocking  or \r\ndistributing seed and send such samples for analysis to the nearest laboratory of the Federal Seed  \r\nCertification 1[and Registration Department]. \r\n \r\n (2) The Seed Inspector may— \r\n \r\n(a)  enter and search at all times, with such assistance 1[of law enforcement agency \r\nor district administration] as he may consider necessary, any place in which he \r\nhas reason  to believe that an offence under this Act has been or is being \r\ncommitted and order in writing the person in possession of any seed in respect \r\nof which the offence has been or is being  committed not to dispose of any \r\nstock of such seed for a specified period n ot exceeding thirty days or, unless \r\nthe alleged offence is such that the defect may be removed by the  possessors \r\nof seed, seize the stock of such seed; \r\n \r\n(b)  examine any record, register, document or other  material, object found in any \r\nplace mentioned in clause (a) and seize the same, if he has reason to believe \r\nthat it may furnish  evidence of the commission of any offence punishable \r\nunder this Act; and \r\n \r\n(c)  exercise such powers as may be necessary for carrying out the purposes of this \r\nAct or any rule. \r\n \r\n(3) 1[*   *  *  *  *  *  *] \r\n \r\n \r\n 1Subs., ins and omitted by Act No. VII of 2015, ss. 8­9. \r\n 2Subs. by Act No. XXXVI of 2024, s. 11. \r\n \r\nPage 15 of 23  \r\n     (4) The power conferred by this section includes power to break open any labeled \r\ncontainer in which any seed of any notified variety or species may be kept and to break upon the \r\ndoor of any premises where any such seed may be kept for sale: \r\n \r\n    Provided that the power to break open the door shall be exercised only after the owner or \r\nany other person in occu pation of the premise, if he is present therein, refuses to open the door on \r\nbeing called upon to do so. \r\n \r\n (5) Where the Seed Inspector takes any action under sub­section (1), he shall, as far as \r\npossible, call not less than two persons of the locality to be present at the time when such action is \r\ntaken and take their signature on a memorandum to be prepared in the prescribed form and manner. \r\n \r\n (6) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall, so far as \r\nmay be, apply to any search or seizure made under this section as they apply to any search or seizure \r\nmade under the authority of a warrant issued under section 98 of the said Code. \r\n \r\n 21. Procedure to be followed by Seed  Inspector.—(1) Whenever a Seed Inspector  \r\nintends to take a sample from the 1[seed of any crop] or species for analysis, he shall— \r\n \r\n(a)  give notice in writing of his intention to do so to the person from whom he \r\nintends to take sample; and \r\n \r\n(b)  except in special cases provided by rules, take three representative samples in \r\nthe prescribed manner and mark and seal or fasten up each sample in such \r\nmanner as its nature permits. \r\n \r\n (2) When samples of any seed of any notified variety or species are taken under sub­section \r\n(1), the Seed Inspector shall— \r\n \r\n(a)  deliver one sample to the person from whom it has been taken; \r\n \r\n(b)  send, in the prescribed manner, another sample for analysis to the Seed \r\nTesting Laboratory of the area within which such sample has been taken; and \r\n \r\n(c)  retain the remaining sample in the prescribed manner for production in case \r\nany legal proceedings are taken. \r\n \r\n (3) Where a Seed Inspector makes an order under clause (a) of sub­section (2) of section 20, \r\n \r\n(a)  he shall use all dispatch in ascertaining whether or not the seed contravenes \r\nany of the  specifications laid down under section 10, and, if it is ascertained  \r\nthat the seed does not so contravene, forthwith revoke the order passed under \r\nthe said clause or, as the  case may be, take such action as may be necessary \r\nfor the return of the stock of the seed seized thereunder; \r\n \r\n(b)  if the  stock of the  seed seized under  that clause does not  conform to  the \r\naforesaid specifications, he shall, as soon as may be, report the matter to a \r\nMagistrate and take his orders as to the custody thereof; and \r\n \r\n \r\n 1Subs. by Act No. VII of 2015, s. 10. \r\n \r\n \r\nPage 16 of 23  \r\n(c)  without prejudice to the institution of any prosecution, if the alleged offence is \r\nsuch that the defect may be removed by the possessor of the seed, he shall, on \r\nbeing satisfied that the defect has been so removed, forthwith revoke the order \r\npassed under the said clause. \r\n \r\n (4) Where a Seed Inspector seizes any record, register, documents or any material object \r\nunder clause (b) of sub­section (2) of section 20, he shall, as soon as may be, report the matter to a  \r\nMagistrate and take his orders as to the custody thereof. \r\n \r\n 22. Report of Seed Testing Laboratory.—(1) The Seed Testing laboratory shall, as soon \r\nas may be after the receipt of the sample under section 21, analyse the sample and deliver, in such \r\nform as may be prescribed, one copy of the report of the result of the analysis to the Seed Inspector \r\nand another copy thereof to the person from whom the sample has been taken. \r\n \r\n (2) The production in any inquiry, trial or other proceedings under this Act of a report \r\nunder the  hand of a Seed Analyst in the  form prescribed shall, until the  contrary is proved, be \r\nsufficient to prove the facts stated therein. \r\n \r\n (3) When any person is accused of an offence under this Act, the court may, if it considers  \r\nnecessary in the interest of justice and the accused deposits in the court a sum of  money in \r\naccordance with the  scale prescribed, summon as a witness the  Seed Analyst who analysed the  \r\nsample in respect of which such person is accused of having committed an offence, and, if such  \r\nperson is acquitted, any sum of money so deposited shall be refunded to him. \r\n \r\n1[22A. Registration or enlisting of plant variety or hybrid.—(1) An application for \r\nregistration of plant variety or hybrid shall be made in such form and be  accompanied by such fee \r\nand shall contain such information as may be prescribed. \r\n \r\n (2) Subject to the provisions of section 22E, the Federal Seed Certification and Registration \r\nDepartment may register or enlist, or refuse to register or enlist, a plant variety or hybrid as may be  \r\nprescribed. \r\n \r\n (3) The plant varieties or hybrids imported for general cultivation would be registered or \r\nenlisted by Federal Seed Certification and  Registration Department  on the  basis of the  results of \r\nmulti­ location trials for at least two crop season within Pakistan as may be prescribed. \r\n \r\n (4) If it any time after registration of a plant variety or hybrid, the Federal Seed \r\nCertification and Registration Department is satisfied, either on a reference made to it by any person \r\nor organization in  this behalf or otherwise, that the registration or enlisting granted by it has been \r\nobtained by misrepresentation or suppression of essential factor conditions of registration has been \r\nchanged, then  Federal Seed Certification and Registration Department may cancel registration or \r\nenlisting of the plant variety or hybrid in such manner as may be prescribed. \r\n \r\n (5) For the purposes of this Act, a register of all registered or enlisted plant varieties or \r\nhybrids to  be called National Register of Seeds shall be kept by F ederal Seed Certification and \r\nRegistration Department wherein all specifications, as may be prescribed, shall be maintained. \r\n \r\n (6) The Federal Seed Certification and Registration Department shall, within such intervals \r\nand in such manner as it thinks appropriate, publish the national list of plant varieties or hybrids registered \r\nor enlisted during that interval. \r\n \r\n 1Ins. by Act No. VII of 2015, s. 11. \r\n \r\n \r\nPage 17 of 23  \r\n22B. Registration to do seed business.― 1[(1) Notwithstanding anything to the contrary \r\ncontained in any other law for the time being in force, any person may make an application to the \r\ncompetent authority, on the form as may be prescribed, for registration of seed business in Pakistan.] \r\n \r\n (2) The application form, under sub­section (1), shall accompany such fee as may be \r\nprescribed. \r\n \r\n (3) The 1[Authority] after making such enquiry as may be  prescribed, shall grant \r\nregistration to the applicant specified under sub­section (1). \r\n \r\n (4) Every registration granted under this Act shall remain valid for five years from the date \r\nof issue of the registration unless earlier suspended or cancelled. \r\n \r\n (5) Every holder of the registration desirous to renew the registration shall, before the \r\nexpiry of the registration period, make an application for renewal to the Director General, Federal \r\nSeed Certification and Registration Department together with such fee as may be prescribed. \r\n \r\n (6) On receipt of application under sub­section (5) and a renewal prescribed, the Director \r\nGeneral, Federal Seed Certification and Registration Department, may renew the registration for  \r\nanother period of five years. \r\n \r\n (7) In case the application under sub­section (5) is made after the expiry of the registration, \r\nthe registration may be renewed on payment of an additional fee of one thousand rupees for each \r\nmonth or part thereof, in addition to the fee for renewal of registration. \r\n \r\n (8) The registration shall be deemed cancelled, if― \r\n \r\n(a)  the registration is not renewed within six months after the date of expiry of \r\nthe registration; or \r\n \r\n(b)  the holder of the registration fails to do business for at least three years; or \r\n \r\n(c)  the holder of the registration is found to be in violation of any provision of this \r\nAct. \r\n \r\n22C. Registration of seed dealer.―(1) No person shall sell crop seeds at any place \r\nexcept under the terms and conditions of dealership license granted to him under this Act. \r\n \r\n (2) Provisional dealership license will be granted for one year without pre­condition of \r\nprescribed training. \r\n \r\n (3) Any person having received prescribed training from the Federal Seed Certification and \r\nRegistration Department may, for regular registration and grant of license under this Act, apply to  \r\nProvincial Government on prescribed form accompanied by such fee as may be prescribed. \r\n \r\n (4) The Provincial Government shall, after making such inquiry as may be necessary, grant \r\nregistration to the applicant or otherwise decide the application within three months after its filing. \r\n \r\n (5) Every licence issued under this Act shall unless earlier suspended or cancelled earlier, \r\nremain valid for three years from the date of its issue. \r\n \r\n \r\n 1Subs. by Act No. XXXVI of 2024, s. 12 \r\n \r\n \r\nPage 18 of 23  \r\n (6) Every holder of a licence desiring to renew the licence shall, before the expiry of \r\nlicence, apply to the Provincial Government for renewal of the licence on payment of such fee as \r\nmay be prescribed. \r\n    (7) On receipt of application and fee under sub­section (6), the Provincial Go vernment, on \r\nthe recommendation of the Regional Director, Federal Seed Certification and Registration \r\nDepartment, may renew the licence for another three years. \r\n \r\n (8) Every seed dealer shall clearly display at his place of business the sale prices of \r\ndifferent crop seeds held by him including the opening and closing stocks on a daily basis. \r\n \r\n (9) The license of any seed dealer shall be liable to be cancelled if he is found to be in \r\nviolation of any provision of this Act. \r\n \r\n22D. Registration of seed processing units.―(1) No person shall maintain a seed \r\nprocessing unit unless such unit is registered by the 1[Authority] under this Act. \r\n \r\n (2) The 1[Authority] shall register seed processing unit if it meets the specifications \r\nprescribed in terms of infrastructure, equipment and qualified man power. \r\n \r\n (3) Every application for registration  shall be made in  such form  and manner and \r\naccompanied by  such fee as may be prescribed. \r\n \r\n (4) The 1[Authority] may, after making such inquiry and subject to such conditions as it \r\nthinks fit, grant a certificate for maintaining a seed processing unit in such form as may be \r\nprescribed. \r\n \r\n (5) Every seed processing unit shall furnish periodic returns in such form and at such time \r\nas may be prescribed. \r\n \r\n (6) The registration shall be cancelled, if \r\n \r\n(a)  it has been obtained by misrepresentation as to a  material particular \r\nrelating to the specification in terms of infrastructure, equipment and qualified \r\nman power; or \r\n \r\n(b)  the registration holder is found to be in violation of any provision of this Act \r\nor rules made thereunder. \r\n \r\n22E. Restrictions.― No person shall― \r\n \r\n(a)  conduct seed business in Pakistan unless such person is registered to do so \r\nunder section 22B, 22C or section 22D; \r\n \r\n(b)  import, sell, stock or exhibit for sale, barter or otherwise supply any seed of \r\nany variety or  hybrid which is not registered or enlisted under this Act for \r\ncultivation in Pakistan; or \r\n \r\n(c)  import, sell, stock or exhibit for sale, barter or otherwise supply any seed of \r\nany variety or hybrid if misbranded. \r\n \r\n 1Subs. by Act No. XXXVI of 2024, s. 13. \r\n \r\nPage 19 of 23  \r\n22F. Establishment  of seed testing laboratories.―The 1[Authority] may, by \r\nnotification in the official Gazette, allow accredited seed laboratories in the public and private \r\nsectors to carryout analysis of seed of any kind or plant variety or hybrid under this Act in such \r\nmanner as may be prescribed. \r\n \r\n 22G. Registration of genetically modified plant varieties. Notwithstanding anything \r\ncontained in this Act, no registration of genetically modified plant variety or hybrid shall be made, \r\nif the application for registration does not accompany \r\n \r\n(a)  an affidavit from the applicant declaring that such variety does not contain any \r\ngene or gene sequence involving terminator technology; \r\n \r\n(b)  a certificate from the National Biosafety Committee established by the Federal \r\nGovernment to the effect that the traits of genetically modified variety or \r\nhybrid shall  have no adverse effect  on the environment, human, animal  or \r\nplant life and health; and \r\n \r\n(c)  field data of two crop season trial in respect of Biosafety and performance as \r\nprescribed. \r\n \r\n22H. Horticulture nurseries to be registered.―(1) No person shall conduct or carry on \r\nthe business of horticulture nursery  unless such nursery is  registered with the Federal  Seed \r\nCertification and Registration Department in consultation with Provincial Government. \r\n \r\n (2) Every application for registration under sub­section (1) shall be made in such form and \r\ncontain such particulars and shall be accompanied by such fee as may be prescribed. \r\n \r\n22I. 1 [*     *      *       *      *      *      *] \r\n \r\n 22J. Variety Evaluation Committee.―The 1[Authority] may, by notification in the \r\nofficial Gazette, constitute the Variety Evaluation Committee to evaluate candidate lines, cultivars \r\nand varieties of  public and private sectors and imported seed material, for diseases and agronomic \r\nvalues of all fields and horticulture crops as prescribed 1[:]] \r\n \r\n1[Provided that the existing Variety Evalu ation Committee shall continue to function , till it is \r\nreconstituted under this Act.] \r\n \r\n2[23. Offences and penalty.―Whoever— \r\n \r\n(a)  contravenes any provision or any rule under this Act; or \r\n \r\n(b)  imports, sells, holds in stocks or exhibits for sale or barter or otherwise \r\nsupply any seed of any kind or plant variety or hybrid deemed to be \r\nmisbranded; or \r\n \r\n(c)  imports, sells, holds in stocks or exhibits for sale or barter or otherwise \r\nsupply any seed of any kind or  plant variety or hybrid which is not a \r\nregistered or enlisted plant variety or hybrid; or \r\n \r\n(d)  prevents a Seed Certification Officer or a Seed Inspector from taking a \r\nsample or inspecting seed under this Act; or \r\n \r\n 1Subs. and omitted by Act No. XXXVI of 2024, ss. 13-15.  \r\n 2Subs. by Act No. VII of 2015, s. 12. \r\n \r\n \r\n \r\n \r\n \r\nPage 20 of 23  \r\n1[(e) prevent any person from exercising any power or perform any functions \r\nconferred on him by or under this Act or rules or regulations made thereunder; \r\n  \r\n   shall be punishable,— \r\n \r\n(i)   with a minimum fine of five hundred thousand rupees, which may \r\nextend to two million rupees; and  \r\n \r\n(ii) imprisonment for a minimum term of three months for the first offence \r\n  and up to a maximum of twenty four months for subsequent offences.]] \r\n \r\n 24. Power of court  to order  forfeiture.—If any person is convicted of an offence \r\npunishable under this Act  in respect of any notified 1[or enlisted] variety or species of seed, the court \r\nconvicting him shall further direct that the seed shall be forfeited to the 2[Authority]. \r\n \r\n 1[24A. Appeal to the Authority. —Any person aggrieved of an order passed by any \r\ndepartment, committee or body constituted under this Act, other than the Authority, may within thirty \r\ndays of the communication of the said order file an appeal before the Authority: \r\n \r\n Provided that the Authority shall decide such appeal, after hearing all parties concerned, \r\nthrough a speaking order in the manner as may be prescribed.  \r\n \r\n 24B. Seed Tribunals.—(1) The F ederal Government may, by notification in the official \r\ngazette, constitute on or more S eed Tribunals, at such places and with such territorial limitations, as \r\nthe Federal Government may determine, from time to time. \r\n \r\n (2) A Tribunal shall comprise the following:— \r\n \r\n(a)  a Chairperson, from amongst such persons who is or has been a Judge of a \r\n High Court, to be appointed by the Federal Government;  \r\n \r\n(b)  an advocate who is qualified to become a Judge of a High Court, to be \r\n appointed by the Federal Government; and \r\n \r\n(c)  a member having at lea st a master’ s degree in agriculture sciences and \r\n possessing extensive experience in the seed s ector, to be appointed by the \r\n Federal Government. \r\n \r\n(3) The Chairperson and the members shall be subject to such terms and conditions and shall \r\nbe entitled to such remuneration and privileges, as the Federal Government may determine. \r\n \r\n(4) The Chairperson and the members shall be appointed for a term of five years, who shall \r\nnot be eligible for re-appointment. \r\n \r\n(5) The Chairper son and the members may, at any time, resign from his office of the \r\nTribunal, provided that such resignation shall not take effect until duly accepted by the Federal \r\nGovernment. \r\n \r\n24C. Powers and functions of the Tribunals. —(1) The primary responsibility of  the \r\nTribunals shall be to hear and decide the appeals against orders passed by the Authority, in \r\naccordance with law. \r\n \r\n 1Ins. by the Act No. VII of 2015, s. 13.  \r\n 2Subs. and ins. by Act No. XXXVI of 2024, ss. 16-18. \r\n \r\nPage 21 of 23  \r\n \r\n(2) The Tribunal shall have all powers of,  inter-alia, discovery, inspection, summoning, \r\nexamination, and re -examination of witnesses, as well as power to issue warrants of arrest and \r\nimpose such penalties as may be prescribed. \r\n \r\n(3) Any person aggrieved of an order passed by the Authorit y, under section 24A or \r\notherwise, within thirty days of the communication of the said order, may file an appeal before the \r\nTribunal, in such manner and on payment of such fee, as may be prescribed. \r\n \r\n(4) The Tribunal may, on appeal, after giving a reasonab le opportunity of hearing to all \r\nparties concerned, confirm, set-aside, vary or modify the order appealed against: \r\n \r\nProvided that the Tribunal shall decide such appeals, as expeditiously as possible, but not \r\nlater than ninety days from the first date of hearing. \r\n \r\n(5) An appeal to the Supreme Court of Pakistan shall only lie against an order or judgement \r\nof the Tribunal, if the Supreme Court grants leave to appeal, after being satisfied that the case \r\ninvolves a substantial question of law of public importance.] \r\n \r\n \r\n 25. Cognizance of offence etc. —(1) No court inferior to that of a Magistrate of the first \r\nclass 1[, specifically designated by the respective Provincial Governments in that behalf ,] shall try an \r\noffence punishable under this Act. \r\n \r\n 1[(2) No court shall take cognizance of an  offence punishable under this Act except upon a \r\ncomplaint in writing made by the Federal Seed Certification Department or a person authorized by \r\nthe Authority in this behalf by an order in writing.] \r\n \r\n1[(3) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) shall apply, \r\nmutatis mutandis, in respect of cases under this Act.] \r\n \r\n26. Presumption as to order. —Where an order purports to have been made and signed by \r\nan authority in exercise of any power conferred by or under this Act, a court shall presume within the \r\nmeaning of the Evidence Act, 1872 (I of 1872) that such order was so made by that authority. \r\n \r\n27. Indemnity.—No Suit, prosecution or other legal proceeding shall lie against any person \r\nfor anything which is in good faith done or intended to be done under this Act or the rules. \r\n \r\n1[28. Delegation of powers. —The Authority may, by a written order, delegate any of its \r\npowers and functions to any member, officer, or employee of the Authority, or to any department or \r\nagency working under its control or supervision, subject to such restrictions, if any, as may be \r\nspecified in that order, in the manner as may be prescribed.] \r\n \r\n1[28A. Audit. —(1) The Chairperson may appoint a reputable firm to carry out the annual \r\nperformance audit of the Authority.  \r\n \r\n \r\n \r\n \r\n 1Ins. and subs. by Act No. XXXVI of 2024, ss. 19-21. \r\n \r\n \r\n \r\nPage 22 of 23  \r\n \r\n(2) The Auditors appointed under sub -section (1) shall submit the audit report to the \r\nChairperson and the Chairperson shall cause the same to be placed before the Board for approval.] \r\n \r\n29. Power to make rules .—(1) The Federal Government may, by notification in  the official \r\nGazette, make rules for carrying out the purposes of this Act. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for 1[,inter-alia,]— \r\n \r\n(a)  the functions of the Seed Testing Laboratory; \r\n \r\n(b)  the requirements which shall be complied with by the registered growers or a \r\nperson carrying on the business of seed production, processing 1[,development, \r\nmarketing,] or distribution ; \r\n \r\n(c)  the form of application for the grant of a certificate under section 13 , the \r\nparticulars it shall contain, the fees which shall accompany  it, the form of the \r\ncertificate and the conditions subject to which the certificate may be granted; \r\n \r\n(d)  the records to be maintained by a registered grower or a person carrying on the \r\nbusiness referred to in such section (1) of section 13 and the particulars which \r\nsuch records shall contain; \r\n \r\n(e)  the form and manner in which, and the fee on payment of which, an appeal \r\nmay be  preferred under section 16 and the procedure to be followed by the \r\nappellate authority in disposing of the appeal; \r\n \r\n(f)  the qualifications and duties of a Seed Certification Officer; \r\n \r\n(g)  the qualifications and duties of a Seed Inspector; \r\n \r\n(h)  the manner in which samples may be taken by the Seed Inspector, the \r\nprocedure for  sending such samples to the Seed Testing Laboratory and the \r\nmanner of analyzing such samples; \r\n(i)  the form of report of the result of the analysis under sub­section (1) of \r\nsection 22 and the fees payable in respect thereof; \r\n \r\n(j)  the powers and functions of a Seed Analyst; and \r\n \r\n(k)  any other matter which is to be or may be prescribed. \r\n \r\n1[30. Power to make regulations. —(1) The Authority may, with the approval of the Board, \r\nmake regulations, not inconsistent with the provisions of this Act and the rules made thereunder, for \r\neffectively carrying out the purposes envisioned under this Act.] \r\n \r\n \r\n 1Ins. by Act No. XXXVI of 2024, ss. 22-23. \r\n \r\n \r\n \r\nPage 23 of 23  \r\n 1[31. Savings.—All acts done, obligations and liabilities incurred, rights and assets acquired, \r\npersons appointed or authorized, jurisdictions or power s conferred, money earned or expended, \r\ndonations made or grants received, order s issued, and all other actions taken under the Seed \r\n(Amendment) Ordinan ce, 2024 (Ordinance II of 2024)  and before the co mmencement of S eed \r\n(Amendment) Act, 2024 (XXXVI of 2024), shall, upon comm encement thereof, be deemed to have \r\nbeen validly done, incurred, acquired, appointed, authorized, conferred, earned, expended, made, \r\nreceived, issued and taken under this Act.] \r\n \r\n__________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n238592           Date: 06-02-2025 \r\n 1Ins. by Act No. XXXVI of 2024, s. 24.",
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