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We farmers strongly feel that the proposedseed bill is limited in its scope as no price controls are present and the amendments favor the entry of private seed companies and corporations in the Indian seed market at the expenseof farmers. Over the years, sale of spurious seeds has grown, and without price controls, farmers are being fleeced and increasingly being burdenedwith rising cost of cultivation. We are also concernedthat this bill is giving more and more powers to the center taking away all powers from 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 seed companies.We strongly feel that the proposedSeedBill 2010 in its present form will fail to ensureavailability of good quality seeds at an affordable price and therefore request the governmentto heed our main demands
We farmers strongly feel that the proposedseed bill is limited in its scope as no price controls are present and the amendments favor the entry of private seed companies and corporations in the Indian seed market at the expenseof farmers. Over the years, sale of spurious seeds has grown, and without price controls, farmers are being fleeced and increasingly being burdenedwith rising cost of cultivation. We are also concernedthat this bill is giving more and more powers to the center taking away all powers from 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 seed companies.We strongly feel that the proposedSeedBill 2010 in its present form will fail to ensureavailability of good quality seeds at an affordable price and therefore request the governmentto heed our main demands
We farmers strongly feel that the proposedseed bill is limited in its scope as no price controls are present and the amendments favor the entry of private seed companies and corporations in the Indian seed market at the expenseof farmers. Over the years, sale of spurious seeds has grown, and without price controls, farmers are being fleeced and increasingly being burdenedwith rising cost of cultivation. We are also concernedthat this bill is giving more and more powers to the center taking away all powers from 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 seed companies.We strongly feel that the proposedSeedBill 2010 in its present form will fail to ensureavailability of good quality seeds at an affordable price and therefore request the governmentto heed our main demands
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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.