MAHA SEEDMEN ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

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

(2.) Shri Sunil Manohar, the learned Senior Advocate, assisted by Shri Shantanu Khedkar, Advocate, appearing for the petitioners, submits that the provision of Rule 6(b) of the Seeds Rules is ultra vires the provision of Section 25(2)(f) of the Seeds Act, which empowers the Central Government to make rules to be published in the official gazette by issuing notification in respect of the form of application for grant of a certificate under Section 9, the particulars, it may contain, the fees which should accompany it, the form of certificate and the conditions subject to which the certificate may be granted. According to him, the requirement contained in Rule 6(b) of the Seeds Rules can only be prescribed by the Central Government in exercise of its rule-making power conferred by Section 25(2)(f) of the Seeds Act and it cannot be the subject-matter of delegation to the Certification Agency, as has been done by Rule 6(b) of the said Rules.

(3.) We find that prima facie case is made out in respect of challenge to the validity of Rule 6(b) of the Seeds Rules being ultra vires the provision of Section 25(2)(f) of the Seeds Act.