IndianCoordinationCommitteeof FarmersMovements

RoadNo.2, A 33, MahipalpurExtension,NewDelhi 110037,India

Tel: 011- 26783000,26784000;Fax:011-26785001;Email:yudhvir55@yahoo.com
FARMERS'POSITIONON THESEEDBILL
We farmersstrongly feel that the proposedseed bill is limited in its scopeas no price controls are
present and the amendmentsfavor the entry of private seed companiesand corporations in the
Indian seed market at the expenseof farmers. Over the years, sale of spuriousseedshas grown,
and without price controls, farmers are being fleecedand increasingly being burdenedwith rising
cost of cultivation.
We are also concernedthat this bill is giving more and more powersto the center taking away all
powersfrom the state governmentsto regulate, license,demandcompensationor fix seed prices.
Althoughwe favor the state and local governmentsto mostly regulate this seed bill we also stress
that both the center and the state governments must maintain their powers to strongly regulate
seedcompanies.
Westronglyfeel that the proposedSeedBill 2010in its presentformwill fail to ensureavailability of
good quality seedsat an affordableprice and thereforerequest the governmentto heed our main
demands:-
a) Price controland regulationshouldbe with state government:The SeedBill 2010does not
proposeany price controls. Farmersmust be able to purchaseseed at an affordableprice. This is
very important since the output price (or the procurementprice) is fixed by the government, and
often do not take into consideration the prevailing market price for seed. The procurementprice
thereforedoes not reflect the true cost of seed. At present, companiesare chargingprices at will
and that too without any rationale. Tomato seed price for instancevaries betweenRs 475 to Rs
76,000 per kg, and Capsicumseed price betweenRs 3,670 to Rs 65,200 a kg. Last year seed
companieshad takenthe AndhraPradeshgovernmentto the HighCourt challengingits decisionto
regulate prices and royalty. Therefore, the function of the Seed Committee under the Seed Bill
must include power to decide on price and price controls (includingroyalties). Since someseeds
are alreadybeing removedfrom the Essential CommoditiesAct, it is even more essential that the
state havethe powerto fix prices.
b) Penaltiesproposedshouldbe muchstronger:Sincethe penaltieshavebeenmild, the
Government has failed to check the menace of fake, and sub-standard seeds. Providing a
maximumfine of Rs 30,000for selling seedsnot conformingto the laid-out standardsis simply not
enough. The Seed Bill 2010 therefore must provide for deterring punishment. The
recommendations made by the Standing Committee need to be further strengthened. We also
stress that a criminal case should be registeredagainst the CEOor owner of the seed company.
This is the only way that fake, poor quality seedscan be checkedfromenteringthe market.
c) State governmentsshould have power to license:While seeds may be registered with the
National Register of Seeds, it is imperativethat State Governmentsmust be given the authority to
decide on which of these registered seeds can be licensedto be used in their State, Clause 12
shouldbe amendedaccordingly.
d) Compensation:Accordingto the bill farmershave to approachthe consumerprotectionact for
compensation this is hardly possiblefor a poor farmerwith no legal knowledgeor resources.The
proposedamendmentsby SharadPawardo ask for the creationof a compensationcommitteebut
we demandthat localized committee should be appointed by the state governmentin a manner
which is easily approachable by the farmer and so that he can receive quick and reasonable
compensation within a time frame of 60 days. Therefore Section 20 of the Clause 2 should be
amendedaccordingly.
As you can see, the seed bill is crucial to protect Indias farmers, agricultureand food security. By
having a weak seed bill and letting the companiesoff the hook we will changethe face of Indias
agriculturein a way whichwill meanthe deathof farmersand increaseour nationsdependencyfor
food on companies and that too mostly foreign owned companies. We therefore request the
government of
India to ensure that the farmers interests are protectedand this bill is strengthenedaccordingto
the amendmentdemandsthat we havemadein the annexure.
Yourssincerely,
Annexure1
AMENDMENTSPROPOSEDFORTHESEEDSBILL2010
(Theseare in additionto the amendmentsmovedby SharadPawar,AgricultureMinister)
OBJECTIVEOF THEBILL
1. Amendmentin the objective of the Bill: A bill to providefor regulatingthe quality of seeds and
their price for sale, import and export and to facilitate timely availability of appropriate
and adequate quantities of diverse varieties of seed to farmers in a transparent
and accountable regime, and for mattersconnectedtherewithor incidentalthereto.
ABOUTREGISTERINGANDSTATEPOWERSTO LICENSETO USE
3. Section14 on Procedurefor Registration:Change14 (2) to includepre-registrationtesting.
Substitute14(2) by this: On receipt of any applicationfor the registrationof a kind or
variety of seed, the RegistrationSub-Committee,shall, after suchmandatorytestingas
required,and other suchinquiry that it deemsfit and after satisfyingitself that the kind or
variety of seedto whichthe applicationrelatesconformsto the claimsmadeby the importer
or the producer/seller, as the casemaybe, as regardsthe efficacyof the kind or variety of
seedand its safety to humanbeingsand animals,register the kind of variety, as the casemay
be, of the seedon suchconditionsas maybe specifiedby it and allot a registrationnumber
theretoand issuea certificationof registration.
4. IntroduceSection14(3): No producer/dealersell the registeredseedsin a State unlessthe
said seedis licensedas suchunderthis Act by the Stategovernment.The State government
maymaintainsuchlist of licensedseedsthat can be sold in the state.
5. DELETESection13, clause(5) on re-registration.
ABOUTIMPORTEDSEEDSANDFOREIGNCERTIFICATIONAGENCIES
6. DELETESection30 completelyon recognitionfor foreigncertificationagencies.
7. Section 36, Clause 1 on Import & Export of Seed: Change36 (1) (C) to: All import of seed
meantfor commercialpurposesshall be subjectto registrationas maybe grantedon the
basis of informationfurnishedby the importeron the results of multi-locationaltrials
conductedin suchmannerand for suchperiodas maybe prescribedto establish
performancein India and specifically in the agro-ecologicalareaswherethe seedis sought
to be sold
8. Insert 36 (1) (C) In caseof any problemarisingfromsuchimportedseeds,like pest,
diseaseand weedinvasion,geneticcontaminationetc both the importerand exporterbe held
responsible.Importof seedshouldbe basedon pest risk analysis,and any exporterwhose
claimsturn out to be incorrectshouldbe held liable. Exporterof seedshouldcompensatethe
loss and cleanupof any suchcontamination
ABOUTPRICECONTROLANDFIXINGOF PRICESANDROYALITIES
9. Section5 on Powers& Functionsof the Committee:Insert 5 (c) to the currentSection5 by
inserting clause 5 (c) as: Seed Price control and Supply, including procedure for
fixing seed
prices and royalties.
10. Section11 on State SeedCommittee: Insert in the existing(a) to (e) list to register and
license seeds suitable for the state, based on agronomic trials data and fix
prices of seeds registered; to collect data and review performance of seeds after
the authorization through licensing.
COMPENSATIONMECHANISMTO FARMERS
11. Section20 on Compensationto Farmer:The followingto be substitutedas Section20 (1):
wherethe seedof a registeredkind or varietyis sold to the farmer,the producer,distributor
or vendor,as the casemaybe, shall disclosethe expectedperformanceof suchkind or
variety to the farmerundergivenconditionsand if suchregisteredseedfails to providethe
promisedperformanceundersuchgivenconditions,the farmermayclaimsuch
compensationfromsuchproducer,dealer, distributoror vendoras maybe determinedby a
Compensation Committee provided that such compensation is equal at least to the
monetary
value of the promised performance and covers the costs incurred by the farmer.
12. Section20 on Compensationto Farmer:SubstituteSection20, clause(2) (b) as movedby
the AgricultureMinister: Theprocedureto be followedby sucha Compensation
Committeeshouldbe completedwithinthirty daysof the filing of a claimby an aggrieved
SubstituteSection20, clause(2) (d) as movedby the AgricultureMinister: the time within
which the compensation so determined shall be paid to the farmer.
BRINGINGNBAANDPVPFRINTODECISIONMAKING
13. Section4 on Central SeedCommittee:4 (3) (viii) a memberof the Plant Varieties
ProtectionAuthority, Governmentof India and 4 (3) (ix) a representativeof the National
BiodiversityAuthority, Governmentof India.
IMPROVINGACCOUNTABILITY
14. Section7 on RegistrationCommittee:Section7 (2) (a): Changeto To registerseedsof
varietiesafter scrutinizingtheir claimsas madein the applicationin suchmanneras maybe
prescribedincluding random pre-registration testing
MOREEFFECTIVEPENALITIESONOFFENCES
15. Section38 (1) page14 line 7 on Offencesand Punishment:Substitutethe followingafter
be punishablewith a fine in proportionto the damagecaused,quantity of seedsupplied
or stockedand therefore,to cover the real and potential loss to farmers,in additionto a fine
not less thanRs. 200000/-(two lac rupees),whichmayextendto Rs. 10,00,000(ten lakh
rupees)and imprisonmentfor six monthsto one year. Further,any individualor company
convictedunderthis Act maybe bannedfromany seed-relatedactivity by the state
governmentuponsubsequentconvictions.
That at page14, lines 12 and 13, for the words:thirty thousand,the wordtwo lakh be
substituted.
That at page14, line 17, for the wordsonelakh, the wordten lakhs be substituted.