KATHMANDU, JULY 9

A bill to amend the Seeds Act, 1988, recently passed by both houses of the Parliament and authenticated by President Bidhya Devi Bhandari stipulates a provision of compensation to farmers who suffer crop failure due to defective seeds, fertilisers, techniques and processes recommended to them.

With the authentication of the bill, it has taken the shape of an Act.

Section 11 of the Act states, "If any farmer suffers crop failure or poor harvest of food crops substantially less than their supposed produce despite the use of seeds, fertilisers, techniques and process recommended by any government organisation, agency, company or firm, reasonable compensation shall be recovered from the concerned recommending agency to the victim farmer."

The compensation amount shall be provided as prescribed in the rules framed in accordance with the Act. The Act also prohibits the sale or distribution of seeds which are not listed in a notification published in the Nepal Gazette, except for the purpose of agriculture investigation. "A seed inspector may confiscate the seeds sold or distributed in contravention of this Act," it reads.

Similarly, the Act requires the concerned persons or organisations to conduct a risk analysis prior to importing or exporting any variety of seeds or genetically modified organism or living modified organism or terminated seeds that may cause adverse impacts on humans, animals, poultry, environment, culture and normal life. "The government may, by a notification published in the Nepal Gazette, impose a ban on import or export of such seeds which are not deemed appropriate thereof on the basis of risk analysis," Section 15 says.

The government may also restrict the import or export of seeds of any specific variety which cause adverse impacts on agricultural activities. "Any person or organisation wishing to produce source seeds shall have to obtain a licence from the National Seeds Board formed by the government.

The Board may issue a licence after conducting necessary inquiry into the application," the act reads. However, licence may not be required for domestic or private purpose.

The government may designate a qualified officer-level employee of the Ministry of Agriculture and Livestock Development, provincial government and local level as a seed inspector and seed analyst. It also articulates a provision of Seeds Testing Laboratory.

Such laboratory may also be established by the provincial and local levels as per necessity.

"Any person or organisation that commits an offence mentioned in this Act shall be liable to an imprisonment ranging from one month to three months or a fine of up to Rs 100,000 or both," it says. According to the Act, seeds inspector or seeds analyst or any

A version of this article appears in the print on July 10, 2022, of The Himalayan Times.