Section 2 in The Cotton Seeds Price (Control) Order, 2015
2. Definitions.
(1)In this Order, unless the context otherwise requires -(a)"Act" means the Essential Commodities Act, 1955;(b)"Bt" means the bacterium "Bacillus thuringiensis";(c)"Bt Cotton" means Genetically modified Cotton crop integrated with genes from Bt for providing resistance to bollworms;(d)"Controller" means a person appointed as Controller of Seeds by the Central Government under the Seeds (Control) Order, 1983;(e)"Cotton Seeds" means cotton seeds of any variety and includes transgenic and genetically modified cotton seed varieties such as Bt Cotton used for sowing;(f)"Dealer" means a person carrying on the business of selling, exporting or importing Cotton Seeds, and includes an agent of a dealer and shall also include and mean a Distributor and his agent and his stockist;(g)"Genetic Engineering or Genetic Modification Technology (GM Technology)", means the technology which involves insertion of genes from alien species such as Bt into the genome of a living organism thereby making the resultant organism express a particular trait or character, which does not hitherto occur naturally (resistance to pests such as bollworms or cotton plants resistant to weedicides for ease of crop management). Such genes inserted into a crop are referred to as transgenes and crops containing such transgene are referred to as GM crops;(h)"GM Trait or Genetically Modified Trait" means an attribute (agronomic trait) or a character of an organism resulting from expression of transgene or genetic modification. Bollworm resistance or Herbicide resistance in Cotton are GM traits which are result of expression of the transgene or transgenes;(i)"Government" means the Central Government;(j)"License Agreement" means the agreement between the Licensor and the Licensee under which GM Technology is provided to the Licensee;(k)"Licensee" means the seed producing company, under a license from the Licensor or sub-licensor, using the GM Technology by transferring it into its cotton varieties or hybrids to produce and market their cotton seeds. The term Licensee shall also include and mean Sublicensee;(l)"License Fee" means a onetime payment and other remunerations to be paid to the Licensor on sale of transgenic variety of cotton seeds and shall include any other alternative terms like royalty, Trait Value etc used in the License Agreement for such payments or remuneration;(m)"Licensor" means the company that develops or obtains patent or a person, who obtained License from the Patentee and provides the GM Technology to the Licensee under a License Agreement and shall also include and mean a sub-licensor;(n)"Local Taxes" means any tax or levy (except excise or import duty included in sale price) paid or payable to the Government or the State Government or any local body under any law for the time being in force by the Licensor or Licensee or their agent or Dealer;(o)"Maximum Sale Price" means the maximum price inclusive of Seed Value, License Fee, Trade margin and local taxes or duties, at which the Cotton Seeds or transgenic varieties of Cotton Seeds are sold to the farmers;(p)"Notification" means a notification published in the Official Gazette;(q)"Royalty (Trait Value)" means the amount, which the Licensor collects from the Licensee under the License Agreement for granting license to GM Technology;(r)"Seed Inspector" means a Seed Inspector appointed under the Seeds Act, 1966 or an Inspector of Seeds appointed under clause 12 of the Seeds (Control) Order, 1983;(s)"Seed Value" means the sale value of Cotton seeds without license fee (royalty or trait value) but includes cost of production including processing, packing, distribution etc, research and development costs, administrative and overhead costs, cost related to business risks including obsolescence, after sales service and reasonable returns on investments and efforts;(t)"Transgenic variety" means seed or planting material synthesized or developed by modifying or altering the genetic composition by means of GM Technology;(u)"Variety" means a plant grouping except micro organism within a single botanical taxon of the lowest known rank, which can be,-(i)defined by the expression of the characteristics resulting from a given genotype of that plant grouping;(ii)distinguished from any other plant grouping by expression of atleast one of the said characteristics; and(iii)considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation and includes propagating material of such variety, extant variety, transgenic variety, farmers' variety and essentially derived variety.(2)The words and expressions used in this Order but not defined shall have the same meaning assigned to them in the Act, the Seeds Act, 1966, the Seeds (Control) Order, 1983, and the Environment (Protection) Act, 1986.
