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NATIONAL AGRICULTURAL SEEDS ACT

ARRANGEMENT OF SECTIONS

                    PART I

Establishment, etc., of the National Agricultural Seeds Council

SECTION

I.    Establishment of the National Agricultural Seeds Council.

  1. Membership of the Council.
  2. Functions of the Council.
  3. Incentives to seed companies.

PART II

National Seed Service Unit and other bodies of the Council, etc.

  1. Establishment of National Seed Service Unit and other bodies of the Council.
  2. National Seed Service Unit.
  3. Crop Variety Registration and Release Committee.
  4. Seeds Standard Committee.
  5. Seed Industry and Skill Development Committee.
  6. Department of Training and Information.
  7. Operating zones and zonal secretariats.
  8. Seed certification.
  9. Revocation of certification.
  10. Genetic identity.

15.   Recognition of seed certification agencies of foreign countries.

  1. Importation or exportation of seeds.
  2. Prohibition of sale of falsely labelled seeds, etc.
  3. Contents of the mark or label and description of seeds.
  4. Restrictions on export and import of seeds of notified kinds of varieties.
  5. Damaging of registered names, etc.
  6. Classification of persons engaged in seed production.
  7. Prohibition on processing, etc. of seeds for commercial purposes.
  8. Central Seed Laboratory.
  9. Registration of seeds or plant of land races, etc.

PART III

Appointment of seed inspector, etc.

  1. Seed inspector.
  2. Powers of seed inspector.
  3. Offences and penalties.

SECTION

  1. Forfeiture of properly.
  2. Offences by companies.
  3. Exemption.

PART IV

Staff of the Council

  1. Director-General of the Council.
  2. Staff generally.
  3. Pension.

PART V

Financial provisions

  1. Financial provisions.
  2. Report.
  3. Acquisition of land.
  4. Regulations.
  5. Interpretation.
  6. Short title.

SCHEDULES

FIRST SCHEDULE

Supplementary provisions relating to the Council

SECOND SCHEDULE

Operating zones

 

An Act to establish the National Agricultural Seeds Council and for matters connected therewith.

[1992 No. 72.]

[23rd November, 1992]

[Commencement.]

PART I

Establishment, etc., of the National Agricultural Seeds Council

  1. Establishment of the National Agricultural Seed Council

(1) There is hereby established a Council to be known as the National Agricultural
Seed Council (in this Act referred to as "the Council") which shall be charged with re-
sponsibility for the overall policy guidelines and monitoring of the development of the
national seed system.

(2) The Council shall be a body corporate with perpetual succession and a common
seal and may sue and be sued in its corporate name.

  1. Membership of the Council

(1) The Council shall consist of-

       (a)     the Minister of Agriculture and Rural Development, as chairman;

                    (b)       the permanent secretary of the Federal Ministry of Agriculture and Rural Development, as vice-chairman;
                    (c)       the International Institute of Tropical Agriculture;

                    (d)      the Director of-

  (i)   the Federal Department of Agriculture;

(ii)   the Department of Agricultural Science of the National Agency for Science and Engineering Infrastructure;                 

                   (e)        four persons to represent State Ministries of Agriculture and Natural Resources or State Seed Co-ordination Committees, when established, one to be selected from each zone on rotational basis;
      

                   (f)      four persons to represent the Nigeria seed industry;

                   (g)     one person each to represent-

         (i)   the Seed Growers Association; and

         (ii)  the Co-operatives Societies of Nigeria;

                   (h)      one person to represent the Federal Ministry of Finance;

                    (i)       one person from a private financial lending institution;

       (j)       the Head of Unit, National Seed Service Unit of the Federal Ministry of Agriculture and Rural Development, who shall also serve as a member and secretary to the Council; and 

                   (k)    a representative of the Department of Plant Breeding and Seed Technology in a Nigerian university.
 
    (2) All appointments under paragraphs (d), (e), (f), and (h) of subsection (1) of this section shall be made by the Minister.

   (3) Members of the Council, other than those appointed under paragraphs (b), (c), (d), (g), (i) and (j) of subsection (1) of this section, shall each hold office for such period not being less than three years as the Minister, may from time to time, determine.

(4) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters specified therein.
 

[First Schedule.]

  1. Functions of the Council

The functions of the Council shall be-

              (a)       to analyse and propose programmes, policies and actions regarding seed development and the seed industry in general, including legislation and research on issues relating to seed testing, registration, release, production, marketing,distribution, certification, quality control, supply and use of seeds in Nigeria, importation and exportation of seeds and quarantine regulations relating there to;
             (b)       propose improved management system and procedure relating to the administration of seed activity and advise the Federal Government on the organisation, management and proper financing of seed programmes;

                                (c)       analyse the market and prices of seeds;

                                (d)       control, supervise and approve the activities of the following committees established by or pursuant to this Act, that is-

                   (i)       the Crop Variety Registration and Release Committee;
                  (ii)      the Seeds Standards Committee;

                   (iii)      the Seed Industry and Skill Development Committee; and

                   (iv)      such other committees as may be established, from time to time;

          (e)        advice the national research system on the changing pattern of seed demand and farmers needs;

          (j)         monitor and evaluate the achievement of the national seed system and recommend improvements thereto;
 

          (g)       encourage the formation or establishment in Nigeria of seed companies for the purpose of carrying out research, production, processing and marketing of seeds; and

          (h)        perform such other related functions as may be required of the Council, from time to time.
 

  1. Incentives to seed companies

As from the commencement of this Act, every company incorporated in Nigeria for the purposes specified in paragraph (g) of section 3 of this Act, shall enjoy such incentives as are granted by the Federal Government to an agricultural enterprise.
 

PART II

National Seed Service Unit and other bodies of the Council, etc.

  1. Establishment of National Seed Service Unit and other bodies of the Council
    (1) There are hereby established for the Council, the following bodies, that is-

      (a)     the National Seed Service Unit;

      (b)         the Crop Variety Registration and Release Committee;

      (c)     the Seeds Standard Committee;

       (d)    the Seed Industry and Skill Development Committee; and

      (e)     the Department of Training Information and Seed Extension,

and such other departments or bodies as the Council may, from time to time, deem expe-
dient for effective discharge of the functions of the Council under this Act.

(2) Each of the bodies referred to in subsection (1) of this section shall be headed by
a director.

6. National Seed Service Unit

(1) The National Seed Service Unit (in this Act referred to as "the Unit") shall have
responsibility for-

       (a)       the development, certification and quality control of seeds;

       (b)      seed technology development, technical support services, seed industry development and co-ordination of breeder and foundation seed;

       (c)        foundation seed production, distribution and monitoring of certified seed;

       (d)       planning, and monitoring the national seed programme and use;

      (e)       the publication of a list of registered, released or notified seed varieties approved for commercialisation in Nigeria; and

       (f)       assisting the development of the private seed industry.

(2) The Unit shall maintain a register of persons and or organisations carrying on crop varieties development research leading to the registration and release of improved crop varieties for commercial production and marketing.

(3) Any person or organisation registered under subsection (2) of this section may, subject to the provisions of the National Phytosanitary Regulations, import duty free into Nigeria for use in the crop varieties development research, variety breeding and other propagating biological materials.

  1. Crop Variety Registrations and Release Committee

(1) The Crop Variety Registration and Release Committee shall have responsibility
for making recommendations to the Council on matters relating to-

       (a)         the registration and release of any given crop variety;

       (b)         the declaration of a crop variety as a notified kind and for the purposes of this Act, different kinds or varieties of seed may be notified for different States of  the Federation or different areas thereof.
      
 (2) A crop kind variety intended to be registered under this section may be required to undergo a minimum of two years of test to determine its adaptability to a particular geographical area.

8. Seeds Standard Committee

The Seeds Standard Committee shall have responsibility for making recommendations to the Council on matters relating to seed standard and procedure pertaining thereto.

  1. Seed Industry and Skill Development Committee

The Seed Industry and Skill Development Committee shall have responsibility for making recommendations to the Council on matters relating to the seed industry and skill development.

10. Department of Training and Information

The Department of Training Information and Seed Extension shall have responsibility
for training and information dissemination purposes.

11. Operating zones and zonal secretariats

(1) The Council shall have five operating zones and five zonal secretariats as listed in the Second Schedule to this Act.
 

[Second Schedule.]

(2) Each zonal secretariat shall consist of a director and such professional and non-
professional staff as can gainfully operate the zone.

12. Seed certification

(1) Any person who sells, keeps for sale, offers to sell, barters or· otherwise supplies
any seed of any notified kind or variety shall apply to the Unit for the grant of a certifica-
tion for the purpose.

(2) Every application under subsection (1) of this section shall be in such form and
contain such particulars and fees as may be prescribed by the Unit.

(3) On receipt of an application for the grant of a certification, the Unit may, after
making such enquiry as it thinks fit and after satisfying itself that the seed to which the
application relates is a progeny of a pedigree seed and conforms to the field and labora-
tory standards for the seed under this Act, grant a certificate in such form and on such
conditions as may be prescribed.

13. Revocation of certification

(1) The Unit may revoke any certification granted under this Act if it is satisfied that
the certification was obtained by misrepresentation or that the holder of the certification
has contravened any of the provisions of this Act or any regulations made thereunder.

(2) The Unit shall, before revoking any certification, give due notice to any person
likely to be affected by such a revocation.

(3) A person who is aggrieved by a decision of the Unit under subsection (1) of this
section may appeal to such authority as may be specified by the Council within 30 days
from the date on which the decision is communicated to him:

Provided that the appellate authority may entertain an appeal after the expiry of the
said period of 30 days if it is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time.

(4) On receipt of an appeal under subsection (3) of this section, the Council shall af-
ter giving the appellant an opportunity of being heard, dispose of the appeal as expedi-
tiously as possible.

(5) Every order of the appellant authority shall be final.

14. Genetic identity

(1) Every certification shall specify that the genetic identity of the released variety is
preserved through the various stages of multiplication of the seed.

(2) The following categories of seeds of released varieties shall be subject to seed

certification, namely-

       (a)        breeder seed;

       (b)         foundation seed/inbred lines; and

       (c)         certified seed.

15. Recognition of seed certification agencies of foreign countries

The Minister may by notification in the Gazette recognise any seed certification
agency established in any foreign country for the purposes of this Act.

16. Importation or exportation of seeds

(1) An application to export or import seeds of a notified kind or variety into Nigeria
shall be made to the Unit and the appellant shall forward a copy of such application to the
Plant Quarantine Service.

(2) Seed samples meant for research purposes, seeds intended for export from or im-
port into Nigeria shall carry the necessary phytosanitory certificates and viability tests
result.

(3) Seed imported into Nigeria shall, in addition to identification as to their origin, be
clearly labelled with analysis.

17. Prohibition of sale of falsely labelled seeds, etc.

(1) As from the commencement of this Act, no person shall sell, offer or expose for
sale, falsely labelled, tagged or untagged seeds of a notified kind, variety or hybrid.

(2) A person who offers agricultural seeds of a notified kind or variety for sale shall
ensure that the label affixed to the seed container accurately describes the seeds contained
therein.

(3) Except for demonstration purposes, no person shall offer for sale agricultural
seeds of a notified kind or variety in an open container.

(4) When the seed of a notified kind or variety is offered for sale each container shall
be marked or labelled in the manner hereinafter specified.

 (5) The person whose name appears on the mark or label shall-

(a)       be responsible for the accuracy of the information required to appear on the mark or label if the seed is contained in the unopened original container;

           (b)       not be responsible for the accuracy of the statement appearing on the mark or label or for the accuracy of the germination statement beyond the date of validity indicated on the mark or label if the seed is removed from the original unopened container.

18. Contents of the mark or label and description of seeds 
(1) There shall be specified on every mark or label-

       (a)     the minimum limits of germination and purity of any seed kind or variety;

       (b)     if the seed in the container has been treated-

                     (i)     a statement indicating that the seed has been treated;

                   (ii)     the commonly accepted chemical or abbreviated chemical (generic) name of the applied substance;
    
      (c)        the name and address of the person who offers for sale, or otherwise supplies the seed and who is responsible for its quality;

      (d)        the name of the seed species, variety, lot number, class of seeds and net weight.
 

 (2) The name of variety, trade mark and registered brand shall be acceptable descriptive categories of seed for labelling purposes: Provided that the name of the original variety is also stated on the label.

19. Restrictions on export and import of seeds of notified kinds of varieties

No person shall for the purpose of sowing or planting by any person (including him self) export or import or cause to be exported or imported any seed of any notified kind
or variety, unless-
 

      (a)        it conforms to the minimum limits of germination and purity specified for that seed subject to subsections (1) and (2) of section 18 of this Act 

                         (b)        its container bears in the prescribed manner the mark or label for the correct particulars thereof specified for that seed under sections 14, 15 and 16 of this Act.;

20. Damaging of registered names, etc.

Unless with the prior approval of the Council, no person shall damage any registered
name, trade mark or brand of variety.

21. Classification of persons engaged in seed production

There shall be maintained a register of persons and organisations licensed to engage
in seed production and marketing under the following classification, namely-

      (a)          seed production company;

      (b)          seed enterprises production on contract for seed company;

      (c)          breeder seed production agency (research institutes and private);

      (d)          foundation seed grower (research and private);

      (e)           enterprise seed processor;

      (f)            seeds dealer whether as wholesaler or not.

22. Prohibition on processing, etc., of seeds for commercial purposes

(1) Subject to subsection (2) of this section, no person other than a person registered
under this Act shall produce or be engaged in the production, processing and marketing
of seeds for commercial purposes.

(2) The provisions of this section shall not apply to a person growing and delivering
seeds of any variety direct to another person without monetary consideration for use by
that other person for sowing on the latter's own farm.

23. Central Seed Laboratory

(1) The Minister may by notification in the Gazette designate any laboratory as a
central seed testing laboratory (in this Act referred to as "a seed laboratory") for the pur-
pose of carrying out the functions entrusted to a seed laboratory by or under this Act.

(2) A seed analyst shall, at a seed laboratory, carry out in the prescribed manner an
analysis of seeds of a notified kind or variety.

24. Registration of seeds or plant of land races, etc.

The Genetic Resources Unit or any other agency or body within the National Agency
for Science and Engineering Infrastructure so designated by the Minister shall be respon-
sible for the collection, maintenance and registration of seeds or plants of land races and
the varieties and accession from such collectors shall be available to public and private
agencies for research purposes.

PART III

Appointment of seed inspector, etc.

25. Seed inspector

(l) The Council may, by notification in the Gazette, appoint such persons as it thinks
fit, having the prescribe qualifications, to be seed inspectors and define the areas within
which they shall exercise jurisdiction.

26. Powers of seed inspector
(1) A seed inspector may-

       (a)       take samples of the seed of any notified kind or variety from-

(i)      any person selling such seed; or

(ii)      any person who is in the course of conveying, delivering or preparing to deliver such seed to a purchaser or a consignee; or
     
(iii)      a purchaser or a consignee after delivery of such seed to him;

       (b)       send such sample for analysis to the seed analyst for the area within which such sample has been taken;

       (c)        enter and search at all reasonable times, with such assistance, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed and order in writing the person in possession of any seed in respect of which the offence has been or is being committed, not to dispose of any stock of such seed for a specific period not exceeding thirty days;
 

     (d)       examine any record, register, document or any other material object found in any place mentioned in paragraph (c) of this subsection and seize the same if he has reason to believe that it may furnish evidence of the commission of anoffence punishable under this Act; and
     (e)        exercise such other powers as may be necessary for carrying out the purposes of this Act or any regulations made thereunder.
 

(2) The power conferred by this section includes power to break-open a container in
which any seed of any kind or variety may be contained or to break-open the door of any
premises where any such seed may be kept for sale:

Provided that the power to break-open the door shall be exercised only after the
owner or any other person in occupation of the premises, if he is present therein, refuses
to open the door on being called upon to do so.

(3) Where a seed inspector takes any action under paragraph (a) of subsection (1) of
this section, he shall, as far as possible, call not less than two persons to be present at the
time when such action is taken and take their signatures on a memorandum to be pre-
pared in the prescribed form and manner.

27. Offences and penalties
(1) If any person-

            (a)       contravenes the provision of section 26 of this Act or any regulations made thereunder; or

           (b)    prevents a seed inspector from taking samples under this Act; or

            (c)        prevents a seed inspector from exercising any other power conferred on him by or under this Act; 

           (d)        contravenes any other provisions of this Act, shall be guilty of an offence.

             
     (2) A person who is guilty of an offence under this that shall be liable on conviction-
 

(a)       for the first offence, to a tine which may extend to N500; and

      (b)       in the event of such person having been previously convicted of an offence under this section, to imprisonment for a term which may extend to six months, or to a fine which may extend to NI ,000, or to both such tine and im-
            prisonment.
        
28. Forfeiture of property

When any person has been convicted under this Act for the contravention of any of
the provisions of this Act or of any regulations made thereunder, the seed in respect of
which the contravention has been committed may be forfeited to the Federal Govern-
ment.

29. Offences by companies

(1) Where an offence under this Act has been committed by a company, every person
who at the time the offence was committed was in charge of, and was responsible to the
company for the conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and pun-
ished accordingly:

Provided that nothing contained in this subsection shall render any such person li-
able to any punishment under this Act if he proves that the offence was committed with-
out his knowledge or that he exercised all due diligence to prevent the commission of
such offence.

(2) Notwithstanding anything contained in subsection (l) of this section, where an of-
fence under this Act has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or is attributable to any neglect on
the part of any director, manager, secretary or other officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accord-
ingly.

30. Exemption

Nothing in this Act shall apply to any seed of any notified kind or variety grown by
a person and delivered by him on his own premises direct to another person without
any monetary consideration for being used by that person for the purpose of sowing or
planting.

PART IV

Staff of the Council

31. Director-General of the Council

There shall be appointed by the President, on the recommendation of the Minister, a
Director-General of the Council who shall be the chief executive of the Council and be
responsible for execution of the policies and day-to-day running of the affairs of the
Council.

32. Staff generally

(1) Subject to this Act, the Council may appoint such other persons as members of its
staff as it considers necessary and may approve conditions of service for the staff.

(2) If the Council thinks it expedient that any vacancy in the staff of the Council
should be filled by a person holding office in any of the public services in the Federation,
it shall inform the appropriate body to that effect and thereafter the Council may, by ar-

rangernent with the body concerned, cause such vacancy to be tilled by way of second-
ment or transfer.

(3) Where any person is seconded under subsection (2) of this section, he shall be
notified of the terms and conditions of the secondment, and the secondment shall be
without prejudice to any pension rights which, but for the secondment, would still accrue
to him.

(4) A person seconded under subsection (2) of this section may elect to be transferred
to the staff of the Council in which case any previous service in the public service con-
cerned shall be qualifying services as defined in the Pensions Act.

33. Pension

(1) Service in the employment of the Council shall be approved service for the pur-
pose of the Pensions Act and accordingly, officers and other persons employed in the
Council shall be entitled to pensions, gratuities and other retirement benefits as are pre-
scribed thereunder, so however, that nothing in this Act shall prevent the appointment of
a person to any office on terms which preclude the grant of a pension, gratuity or other
retirement benefit in respect of that office.

[Cap. P4.]

(2) For the purposes of application of the provisions of the Pension Act, any power
exercisable thereunder by a Minister or other authority of the Government of the Federa-
tion (not being the power to make regulations under section 23 thereof) is hereby vested
in and shall be exercisable by the Council and not by any other person or authority.

PART V

Financial provisions

34. Financial provisions

(1) There shall be established and maintained by the Council, a fund from which
shall be defrayed all expenditure incurred by the Council.

(2) There shall be paid and credited to the fund, established pursuant to subsec-
tion (1) of this section-

       (a)        such moneys as may be provided to the Council by the Federal Government or a State;

       (b)         all moneys as may be raised for the purposes of the Council by way of gift, loan, grants-in-aid, testamentary disposition or otherwise;

       (c)        all interests received in respect of moneys invested by the Council; and

       (d)       all other assets, from time to time, accruing to the Council.

(3) The fund shall be managed in accordance with rules made by the President and
without prejudice to the generality of the power to make rules under this subsection, the
rules shall in particular contain provisions-

      (a)        specifying the manner in which the assets of the fund are to be held, and regulating the making of payments into and out of the fund;

     (b)        requiring the keeping of proper accounts and records for the purposes of the fund in such form as may be specified in the rules;

     (c)        for securing that the accounts are audited periodically by auditors appointed from the list and in accordance with guidelines supplied by the Auditor-General for the Federation;

     (d)        requiring copies of the accounts and of auditor's report thereon to be furnished to the Minister.
 

35. Report

The Council shall not later than six months after the end of each year submit through
the Minister to the President and to the Nigerian Council for Agriculture, a report on the
activities of the Council during the preceding year.

Miscellaneous

36. Acquisition of land

(1) For the purposes of the Land Use Act, the purposes of the Council shall be pur-
pose of the Federation within the meaning of that Act.

[Cap. L5.]

(2) The Minister charged with responsibility for land matters may by an instrument
under his hand and seal, vest in the Council any property acquired pursuant to subsec-
tion (l) of this section and the Council shall pay into the Consolidated Revenue Fund of
the Federation a sum equal to the aggregate amount of any expenses (including compen-
sation) incurred on behalf of the Federal Government by virtue of that subsection in re-
spect of any property vested in the Council by such an instrument.

37. Regulations

(1) The Minister may, by notification in the Gazette, make regulations to carry out
the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such

regulations may provide for-

       (a)                    the functions of the Central Seed Laboratory;

       (b)       the certification of seeds;

       (c)        the manner of marking or labelling the container of seed of any notified kind or variety under sections 17 and 18 of this Act;

      (d)        the requirements which may be complied with by a person carrying on the business referred to in sections 16 and 17 of this Act;

      (e)       the form of application for the grant of a certification under section 12 of this Act, the particulars it may contain, the fees which should accompany it, the form of the certificate and the conditions subject to which the certification may be granted;

      (j)        the form and manner in which the fee on payment of which an appeal may be preferred under section 13 of this Act and the procedure to be followed by the appellate authority in disposing the appeal;

     (g)       the qualifications and duties of seed analysts and the seed inspectors;

     (h)       the manner in which samples may be taken by the seed inspector, the procedure for sending such samples to the seed analyst or the central seed laboratory and the manner of analysing such samples;

     (i)         the form of report of the result of the laboratory analysis and the fees payable in respect of such report.

38. Interpretation

In this Act, unless the context otherwise requires-

 "agricultural seeds" includes cereals, legumes, oil, grass, forage, fibre, root, tuber or
any other kind of crop, seed or seedling commonly recognised within Nigeria as agricul-
tural seed; lawn seed, vegetable seed, forestry seed and seedlings, horticultural seeds and
seedlings, ornamental seeds, seed mixtures and all planting materials as the Minister may
designate from time to time;

 "seed laboratory" means a central seed laboratory designated as such under sec-
tion 23 of this Act;

 "certified seed" means any prescribed seed which is certified under the provisions of
this Act;

 "container" means a box, casket, tin, barrel, tank, receptacle, sack, bag, wrapper or
other thing in which any article or thing is placed or packed;

 "Council" means the National Agricultural Seed Council established by section I of
this Act;

  "labelling" means any label or other written, printed or graphical representation, in
any form, accompanying and pertaining to seed whether in bulk or in container;

   "Minister" means the Minister charged with responsibility for agriculture and
"Ministry" shall be construed accordingly;

 "export" means taking out of Nigeria to a place outside Nigeria;

 “import" means bringing into Nigeria from a place outside Nigeria;

 "notified kind of variety" in relation to any seed means any kind of seed or variety
thereof notified under this Act;

    "seed importer" means any person who, either exclusively or in conjunction with
any other trade or business, imports seeds into Nigeria for resale;

   "seed inspector" means the person appointed as seed inspector pursuant to section 25
of this Act;

    "seed producer" means any person who either exclusively or in conjunction with any
other trade or business, produces seeds for sale;

"seed seller" means any person who, either exclusively or in conjunction with any
other person, trade or business, sells seeds for growing to Nigerian farmers;

    "sell" includes to exchange or to offer, advertise, keep, expose, transmit, conveyor
deliver in pursuance of a sale, exchange or barter;

        "unit" means the National Seed Service Unit established by section 5 of this Act;  

   "variety" means a sub-division of any crop specie which can be differentiated from
other sub-division of that kind of growth, plant, fruit or other characteristics and any uni-
form group which can be a first generation hybrid (Fl) or a plant population reconstituted
on each occasion by crossing two or more breeding stock maintained by inbreeding or
population maintained;

"weed seed" includes the seed of all plants included as weeds or listed as weeds in
the seed regulations or commonly recognised as weeds in Nigeria.

39. Short title

This Act may be cited as the National Agricultural Seeds Act.

SCHEDULES

FIRST SCHEDULE
     [Section 2 (4).]

Supplementary provisions relating to the Council
                  Proceedings of the Council

1. Subject to this Act and to section 27 of the Interpretation Act, the Council may make
standing orders regulating its proceedings or those of any of its committees.

[Cap. 123.]

2. The quorum of the Council shall be five and the quorum of any committee of the Council
shall be determined by the Council.

3. At any time while the office of the chairman is vacant or the chairman is in the opinion of
the Council temporarily or permanently unable to perform the functions of his office the vice-
chairman shall perform those functions and references in this Schedule to the chairman shall
be construed accordingly.

4. (1) Subject to the provisions of any applicable standing orders, the Board shall meet
whenever summoned by the chairman, and if the chairman is required so to do by notice given
to him by not less than six other members, he shall summon a meeting of the Council to be
held within twenty-one days from the date on which the notice is given.

(2) Where the Council wishes to obtain the advice of any person on a particular matter,
the Council may co-opt him as a member for such period as it thinks fit, but a person who is a
member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the
Council and shall not count towards quorum.

Committees

5. (1) The Council may appoint one or more committees to carry out, on behalf of the Coun-
cil, such of its functions as the Council may determine.

     (2) A committee appointed under this paragraph shall consist of the number of persons
determined by the Council and not more than one-third of those persons determined by the
Council may be persons who are not members of the Council; and a person other than a mem-
ber of the Council shall hold office on the committee in accordance with the terms of the in-
strument by which he is appointed.

(3) A decision of a committee of the Council shall be of no effect until it is confirmed
by the Council.

6. (1) The fixing of the seal of the Council shall be authenticated by the signature of the
chairman or of some other member authorised generally or specifically by the Council to act
for that purpose.

(2) Any contract or instrument which if made or executed by a person not being a body
corporate, would not be required to be under seal may be made or executed on behalf of the
Council by any person generally or specially authorised to act for that purpose by the contract.

SECOND SCHEDULE
       [Section II (2).]

Operating zones

            I.    Central ZoneComprising the Federal Capital Territory Abuja, Benue, Kwara, Kogi,and Niger States with Secretariat in Benue State.  

           2.    North-Eastern Zone Comprising Adamawa, Bauchi, Borno, Gombe, Nassarawa, Plateau,Taraba and Yobe States with Secretariat in Plateau State.     

          3.     South-Eastern Zone Comprising Abia, Akwa Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo and Rivers States with Secretariat in Enugu State.

         4.    South-Western Zone Comprising Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun and Oyo States with Secretariat in Oyo State.

          5.    North-Western Zone Comprising Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto and Zamfara States with Secretariat in Kaduna State.

 

NATIONAL AGRICULTURAL SEEDS ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation