Section 2 in The Gujarat Cotton Seeds (Regulation of Supply, Distribution, Sale and Fixation of Sale Price) Act, 2008
2. Definitions.
- In this Act, unless the context otherwise requires,(1)"Agronomic Performances" means distinguishable agronomic qualitative and quantitative characteristics of any cotton seeds variety considered for evaluation of performance as claimed by the producer on label;(2)"Controller" means the Cotton Seeds Controller appointed under section 3;(3)"Cotton Seeds" means cotton seeds of any variety and includes transgenic and genetically modified cotton seeds varieties used for sowing;(4)"Farmer" means any person who raises cotton crops either by cultivating the land by himself or through any other person but shall not include persons, companies, traders, dealers who are engaged in the commercial procurement and sale of seeds;(5)"Misbranded" the seeds shall be deemed to be misbranded, if-(i)it is a substitute for, or resembles in a manner likely to deceive, another variety of seed under the name of which it is sold, and is not plainly and conspicuously labeled so as to indicate its true nature; or(ii)it is falsely stated to be the produce of any place or country; or(iii)it is sold by a name which belongs to another kind or variety of seeds; or(iv)false claims are made for it upon the label or otherwise; or(v)sold in a package which has been sealed or prepared by, or at the instance, of the dealer and which bears his name and address, the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this Act; or(vi)the package containing it or the label on the package bears any statement, design or device regarding the quality of cotton seeds contained therein, which is false or misleading in any material particular or if the package is otherwise deceptive with respect of its contents; or(vii)it is not registered in the manner required by or under the provisions of this Act; or(viii)its label does not contain a warning or caution, which may be necessary and sufficient, if complied with to prevent risk to human beings or animals; or(ix)the package containing it or the label on the package bears the name of a fictitious individual or company as the dealer of the kind or variety; or(x)it is not labeled in accordance with the requirement of the provisions of this Act or the rules made thereunder;(6)"prescribed" means prescribed by rules made under this Act;(7)"producer" means a person, group of persons, firm or company or organisation who grows or organises the production of cotton seeds;(8)"Spurious Seeds" means the cotton seeds which is not genuine or true to its type;(9)"State Seeds Testing Laboratory" means a laboratory established or declared as such by the State Government by a notification published in the Official Gazette;(10)"sub-standard seeds" means cotton seeds which does not meet with the prescribed standards for the cotton seeds;(11)"Transgenic Variety" means seeds or planting material synthesized or developed by modifying or altering the genetic composition by means of genetic engineering;(12)"Variety" means a plant grouping except micro-organism within a single botanical tax on 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 at least one of the said characteristics;(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;(13)The words and expressions used in this Act but not defined shall have the same meaning assigned to them in the Seeds Act, 1966 (54 of 1966), the Essential Commodities Act, 1955 (10 of 1955) Seeds (Control) Order, 1983 issued thereunder and the Environment (Protection)Act, 1986 (29 of 1986).
