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Seeds Certification - General Powers Of Inspectors And Miscellaneous Provisions (Ss 13-17)

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13.     Powers of inspection and taking of samples

 

            (1) An inspector may, at all reasonable times, enter any premises where seeds are sold, or offered or exposed for sale, or stored, cleaned or prepared for sale, and may, without payment,take in the prescribed manner samples thereof for testing; and the owner thereof shall on demand deliver to the inspector a statement containing such particulars with respect thereto as are required to be contained in the statement to be delivered with a sample for testing.

            (2)        An inspector taking a sample of seeds under this section shall divide the sample into two parts, and shall cause each part to be marked, sealed and fastened up, and shall deliver or tender one part to the owner of the seeds, and shall deliver or send by post to an official seed-tester the other part of the sample for the purpose of its being tested.

            (3)        A report in the prescribed form of the result of any test of a sample sent to an official seed-tester under this section or under section 16 shall be issued in the prescribed manner, and a copy of every report so issued shall as soon as it has been issued be sent to the owner of the seeds.

 

14.     Purchaser to furnish name of vendor of seeds

 

            Where any seeds of which a sample has been tested under section 13 were purchased by the owner thereof from any other person as Government-tested or Government-certified seeds and the Minister is satisfied from the report of the test that the seeds in some material respect fail to correspond with the particulars contained in the copy of the certificate delivered to the owner under this Act on the sale to him of the seeds, the owner shall, on application in writing made to him in that behalf by the Minister, at any time after the test has been completed, furnish to the Minister the name and address of the person from whom he purchased the seeds, together with a copy of the statement or certificate so delivered, and the Minister shall, on being furnished with the said name and address, cause to be sent to the seller, in a sealed package, a part of the sample of the seeds together with a copy of the aforesaid report.

 

15.     Immunity from liability

 

            No suit, prosecution or other legal proceedings shall lie against any officer for anything done in good faith and without negligence under this Act.

 

16.     Report to be conclusive evidence

 

            (1) Every report issued or sent under section 13 or 14 shall, in any proceedings against the owner or seller of the seeds, be conclusive evidence of the facts stated in the report, unless the owner or seller of the seeds, within 14 days after the date on which the copy is received by him, gives notice in writing to the Minister requiring a further portion of the sample to be tested.

            (2)        Where a further portion of a sample is so tested and the reports issued in respect of the two tests differ, the average of the result of the two tests shall be deemed to be the result of the test for the purposes of this Act, and a certificate by the Minister as to the average of the results of the two tests shall be conclusive evidence of the facts stated in such certificate.

 

17.     Presumption regarding certificates

 

            (1) For the purposes of any legal proceedings on a contract for the sale of seeds, being a sale to which this Act applies, the particulars contained in the copy of the certificate delivered under section 8 or 9 on the sale shall be deemed to be true,unless it is made to appear on a test made in accordance with the provisions of this section that the seeds fail in some material respect to correspond with such particulars.

            (2) If the purchaser of any seeds desires that a test thereof should be made for the purposes of this section, he may, at any time within 10 days after the date of delivery thereof to him, request an inspector to take in the prescribed manner a sample thereof at the place at which they were delivered, whether his own premises or elsewhere, and the inspector shall divide the sample so taken into two parts, of which one part shall be sent to an official seed-tester for the purpose of being tested and the other part shall be delivered or tendered to the seller.