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State of Andhra Pradesh - Section

Section 25 in Andhra Pradesh Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Rules, 2007

25. Procedure to be followed by Seed Inspector.

(1)Whenever a Seed Inspector intends to take sample of seed of any cotton variety for analysis under Rule 24, he shall.-
(a)give notice in writing to Form 1, then and there, of such intention to the person from whom he intends to take sample; and
(b)take four representative samples or as prescribed from time to time and mark and seal or fasten up each sample in such manner as prescribed in Schedule.
(2)When samples of any seed of cotton variety are taken under sub-rule (1) the Seed Inspector shall,-
(a)deliver one sample to the person from whose seed stock it has been taken (dealer sample);
(b)send in the prescribed manner another sample for analysis to the Seed Analyst of concerned laboratory (submitted sample);
(c)send third sample for record purpose to the lab specified by the Controller (Controller sample); and
(d)Fourth sample shall be retained for referral analysis as per provisions made under subsection (4) of Section 10 of the Ordinance.
(e)The container of sample for analysis shall be sent to the seed analyst by hand or by registered post or by courier or by lorry transport in a sealed packet enclosed together with a memorandum in Form VI in an outer cover addressed to the seed analyst.
(3)If the persons from whom the samples have been taken refuses to accept one of the samples, the Seed Inspector shall send intimation in Form-VI to the Seed Analyst of such refusal and thereupon the Seed Analyst receiving the sample for analysis shall divide it into two parts and shall seal or fasten up one of those parts and shall cause it, either upon receipt of the sample or when he delivers his report, to be delivered to the Seed Inspector who shall retain it for production in case of legal proceedings are taken.
(4)Where a Seed Inspector takes any action under sub-section (2) of Section 8 of Ordinance,-
(a)he shall use all dispatch in ascertaining whether or not the cotton seed contravenes any of the provisions of Section 4 of the Ordinance and if it is ascertained that the cotton seed does not so contravene, forthwith revoke the order passed under the said section, as the case may be, take such action as may be necessary for the return of the stock of the cotton seed detained or seized as per the provisions of Code of Criminal Procedure, 1973;
(b)If he seizes the stock of the cotton seed, he shall, as soon s may be, inform the magistrate concerned in Form V and take orders for the custody thereof;
(c)without prejudice to the institution of any prosecution, if the alleged offence is such that the defect may be removed by the possessor of the cotton seed, he shall, on being satisfied that the defect has been so removed, forthwith revoke the orders passed under the said rule.
(5)Where a Seed Inspector seizes any record, register, document or any other material object under subsection (2) of Section 8 of the Ordinance, he shall, as soon as may be, inform to the Magistrate and take his orders for the custody thereof and return the original records/registers after taking attested copies of relevant parts of the record.
(6)Retain the referee sample with the seed inspector for the purpose of preservation under storage for production in case of legal proceedings under the provisions of sub-sec. (4) of Section 10 of the Ordinance.