Section 5 in The Cotton Seeds Price (Control) Order, 2015
5. Power to fix Maximum Sale Price.
(1)The Government, may, after taking into consideration the Seed Value, License Fee which includes one time and recurring Royalty (Trait Value), trade margins and other taxes, whenever necessary, as it may deem fit, from time to time, notify in the Official Gazette, the Maximum Sale Price of cotton seeds on or before 31st March of every year applicable for the next financial year.(2)For the purpose of fixing Maximum Sale Price, the Government may constitute a Committee under the Chairmanship of Joint Secretary (Seed) and Controller, Department of Agriculture, Cooperation and Farmers Welfare to recommend Maximum Sale Price of Cotton Seed after taking into consideration the components of Seed Value, License Fee which includes one time and recurring Royalty (Trait Value), trade margins and other taxes. The Committee may take inputs from such persons or associations or authority, as may be necessary for working out the Maximum Sale Price of the Cotton Seed.(3)The other members of the Committee shall consists of the following, namely:-(i)Agriculture Production Commissioner or Secretary Agriculture from two major cotton growing states.(ii)Assistant Director General (Cash Crops), Indian Council of Agricultural Research.(iii)Member Secretary, Commission for Agricultural Costs and prices, Government of India.(iv)Director, National Institute of Agricultural Economics and Policy Research (ICAR), New Delhi.(v)One representative of Seed Industry.(vi)One farmer's representative.(vii)Deputy Commissioner (Seed), Department of Agriculture, Cooperation and Farmers Welfare - Member Secretary.(4)The Committee while recommending the Maximum Sale Price of Cotton Seeds, under this Order, shall have regard to the following factors which contribute to production of the Seeds, namely:-(a)Seed Value;(b)Dealer margins;(c)License fees including royalty or trait value for the technology; and(d)Taxes, if any on any of the items above.(5)The Government, while fixing the Maximum Sale Price, shall also fix and regulate the Seed Value and License Fee including royalty or trait value, if any, that constitute components of the Maximum Sale Price.(6)Maximum Sale Price fixation along with fixation of its components under sub-clauses (1) and (5) above shall be binding on all stakeholders including the Licensor and the Licensee, notwithstanding anything contained in any contract or instrument to the contrary.(7)No Licensor, Licensee or Dealer shall cause distribution and sale of seeds above the Maximum Sale Price fixed by the Government under this order.(8)All License Agreements shall be as per the format, as may be prescribed by notification.
