Power to notify kinds or varieties of seeds
Section 5 of the Seeds Act, 1966 deals with power to notify kinds or varieties of seeds. If the Central Government, after consultation with the Committee, is of opinion that it is necessary or expedient to regulate the quality of seed of any kind or variety to be sold for purposes of agriculture, it may, by notification in the Official Gazette, declare such kind or variety to be a notif The Act came into force on 02 Sep 1968.
If the Central Government, after consultation with the Committee, is of opinion that it is necessary or expedient to regulate the quality of seed of any kind or variety to be sold for purposes of agriculture, it may, by notification in the Official Gazette, declare such kind or variety to be a notified kind or variety for the purposes of this Act and different kinds or varieties may be notified for different States or for different areas thereof.
Section 5, The Seeds Act, 1966 (Act 54 of 1966).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 5
- Protection of Plant Varieties and Farmers Rights Act s. 2 Definitions
- Protection of Plant Varieties and Farmers Rights Act s. 24 Issue of certificate of registration
- Protection of Plant Varieties and Farmers Rights Act s. 28 Registration to confer right
- Punjab Tissue Culture Based Seed Potato Act s. 2
- s. 2 Definitions
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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M/s Farmers World v. The State of Assam
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2021-02-12 (order-12.pdf; Sudhanshu Dhulia CJ & Achintya Malla Bujor Barua J.; body "Date : 12-02-2021" matches order index): Same judgment as the s.5 lock. Held on s.3: the Central Seed Committee constituted under s.3 researches and recommends to the Central Government which seeds are suitable for a region/State; sub-committees under s.3(5) may discharge delegated functions, but a State Seed Sub-Committee recommendation for BIO-799/INDAM 200-217 cannot sustain procurement where those varieties were never notified under s.5 for Assam. Revised sub-committee minutes themselves required notification for Assam/NER/whole of India. Affirms Committee's advisory role within the s.3–s.5 statutory sequence.
On this section: s.5 Power to notify kinds or varieties of seeds — Central Government s.5 notification (after s.3 Committee consultation) is the statutory gate for regulating quality of seed sold for agriculture and for State procurement of notified varieties; un-notified varieties cannot be forced into State procurement schemes.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… his agent or licensee, to produce, sell, market, distribute, import or export the variety: Provided that in the case of an extant variety, unless a breeder or his successor establishes his right, the Central Government, and in cases where such extant variety is notified for a State or for any area thereof under Section 5 of the Seeds Act, 1966 (54 of 1966), the State Government, shall be deemed to be the owner of such right. (2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be specified by regulations. …
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… his agent or licensee, to produce, sell, market, distribute, import or export the variety: Provided that in the case of an extant variety, unless a breeder or his successor establishes his right, the Central Government, and in cases where such extant variety is notified for a State or for any area thereof under Section 5 of the Seeds Act, 1966 (54 of 1966), the State Government, shall be deemed to be the owner of such right. (2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be specified by regulations. …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 5
What have the courts held on Section 5 of the Seeds Act?
M/s Farmers World v. The State of Assam (12 Feb 2021) is the leading judgment on this section among those set out below: s.5 Power to notify kinds or varieties of seeds — Central Government s.5 notification (after s.3 Committee consultation) is the statutory gate for regulating quality of seed sold for agriculture and for State procurement of notified varieties; un-notified varieties cannot be forced into State procurement schemes.
How do I find court cases under Section 5 of the Seeds Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Seeds Act 1966 5, section 5 Seeds Act 1966, section 5 of the Seeds Act. People searching for it also type seed act section 5. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with M/s Farmers World v. The State of Assam (12 Feb 2021).
What should I read with Section 5 of the Seeds Act, and has it changed?
5 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Seed Ruls, 1968 (1966).
When did Section 5 of the Seeds Act come into force?
Section 5 of the Seeds Act, cited as Seeds Act 1966 5, came into force on 02 Sep 1968, having been enacted on 29 Dec 1966. It is in force as at the date shown on this page.
Other sections of this Act
- 14. Powers of Seed Inspector490 words
- 25. Power to make rules470 words
- 15. Procedure to be followed by Seed Inspectors468 words
- 2. Definitions317 words
- 3. Central Seed Committee298 words
- 16. Report of Seed Analyst264 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.