TaxTMI 
TaxTMI 
TaxTMI 
2004 (2) TMI 681
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....ssioner of Agriculture Marketing Committee, Hyderabad and 16 Agricultural Market Committees of some Districts in the State of Andhra Pradesh as respondents. The main prayer made in the writ petition is that the action of the respondents especially those of respondent nos.3 to 18 in compelling petitioner nos.2 and 3 to pay market fee under Section 7 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 be declared as illegal and arbitrary and the same may be set aside. 3. In the affidavit filed in support of the writ petition, it is averred that Seedsman Association, Hyderabad is an Association registered under the Societies Act for looking after the interest and welfare of the members who are organizing seed production, processing and marketing seeds under the provisions of Seeds Act, 1966 and the Seeds (Control) Order, 1983. From the date of sowing the Breeder/Foundation seeds, the petitioners' responsibility is to procure the seeds produced according to the procedure laid down in the Indian Minimum Seed Certification Standards, 1988, which are not meant for human consumption but for the exclusive purpose of sowing only. It is further averred that the membe....
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....or the appellants has submitted that the Parliament has enacted the Seeds Act, 1966 to provide for regulating the quality of certain seeds for sale and for matters connected therewith and this Act makes detailed provisions for regulating sale of seeds of notified kinds and varieties. Besides the aforesaid enactment, the Central Government has in exercise of power conferred by Section 3 of the Essential Commodities Act made the Seeds (Control) Order, 1983, which provides for licensing of dealers in seeds, besides appointment of Inspectors and taking of samples and analysis of seeds meant for sale or export. These statutory provisions and Control Order, it is submitted, deal with every aspect of the sale and purchase of seeds and, therefore, the vary same activity cannot come within the purview of Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966. Learned counsel for the respondents has submitted that the aforesaid Act has been enacted to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, livestock and products of livestock and the establishment of markets in connection therewith. The Act has been enacted with re....
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....ing seed of any notified kind or variety unless the same is identifiable as to its kind or variety, conforms to the minimum limit of germination and period specified under Section 6 and the container of such seeds bears, in the prescribed manner, the mark or label containing the correct price thereof and complies with such other requirements as may be prescribed. The Seeds (Control) Order, 1983 lays down that no person shall carry on the business of selling, exporting or importing seeds, except and in accordance with the terms and conditions of licence granted to him under the Order. The dealer of seeds has to display in his place of business details of opening and closing stock of different varieties of seeds held by him and also a list indicating the prices thereof. The Seeds (Control) Order also empowers the State Government to appoint Inspectors who are authorised to draw samples of seeds meant for sale or export or seeds imported and send the same to laboratory to ensure that the sample conforms to the standards of quality claimed. 6. In the counter-affidavit filed on behalf of the respondents, it is asserted that the plea of the writ petitioners that the seeds produced by th....
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.... purchase 'breeder seeds' from Agricultural Research Institute and thereafter to produce 'certified seeds'. The first step of production is to distribute this breeder seeds to the listed and scheduled farmers. The breeder seeds are sown and are germinated under strict supervision of the statutory Seeds Certification Agency, set up under the Seeds Act, 1966 . The harvest is selected carefully under supervision of the Agency. The lots which do not conform to specifications are rejected. The standardized seeds so obtained are called 'Foundation Seeds'. These foundation seeds are thereafter again supplied to the listed farmers variety-wise with intimation to the Agency. The farmers sow these foundation seeds which are also supervised by the Agency. This crop is thus germinated under strict supervision of the Agency and the lots rejected are not taken back by farmers. After harvesting the approved standardized certified seeds, the lots are fumigated for preservation and the samples of each lot is tested in the laboratories of Seeds Certification Agency. The rejected lots and losses at processing are returned to farmers only after the foundation seeds are certified as conforming ....