Seed Law
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Seed Law
LAW ON SEED
PART ONE
Purpose, Scope, Definitions
Purpose
Article 1- The purpose of this law hereby is to improve productivity and quality in plant production, to ensure quality assurance for seedlings, to instate applicable regulations for the production and trade of seedlings, and to implement all measures required to restructure and develop the seed sector.
Scope
Article 2- This Law covers regulations concerning the registration of varieties belonging to field crops, vineyard and garden plants, forest plant species and their propagation material and also genetic resources, the production of seedlings, certification, trade, market control, and corporate structures.
Definitions
Article 3- The terms contained in this Law hereby shall be construed as follows:
a) Sub-union: shall mean the professional union which have legal entity and public institution characteristic and was formed by variety rehabilitators and seed producers and industrialists, seedling producers, sapling producers, seed producers, seed users, indoor plant producers and real and legal entities dealing with other issues concerning seed,
b) Research institute: shall mean public or private institutions which operate in the area of rehabilitating, discovering, and developing botanical varieties, their qualities and working procedures and principles being established by the Ministry.
c) Ministry: shall mean the Ministry of Agriculture and Rural Affairs.
d) Union: shall mean the Turkish Union of Seed Producers.
e) Variety: shall mean the genetic structure developed through traditional and/or biotechnological methods and contained in the botanical taxonomic section, which is characterized by the manifestation of certain characteristics generated by one or more genotypes, and differs from the other genotypes within the same species by at least one typical characteristic, and is recognized as a unit in its suitability for reproduction without modification of its distinguishing characteristics.
f) Variety list: shall mean the list in which varieties registered and traded are published.
g) Durulmuşluk: shall mean varieties’ staying same after repeated production or at the end of certain propagation periods without changing relevant characteristics,
h) Difference: shall mean variety’s having at least one difference from the varieties well-known by everybody at the date of application
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and the characteristics constituting basis for the registration,
i) Genetic resource: shall mean the potential population featuring genetic differences and distinct characteristics in botanical structures, wild species of plants that are naturally present in a country or a region, and transition forms thereof, local varieties, custom-bred varieties, and certain materials of rehabilitation with important characteristics from which genes needed by botanicalrehabilitators and scientists are procured.
j) Rehabilitation: shall mean the activities carried out for the purpose of ensuring protection over and the continuity of present varieties, improving their quality through studying them, and also obtaining a new variety or new varieties by making use of genetic resources and stocks.
k) Rehabilitator: shall mean the real or legal persons who have rehabilitated or discovered and developed any given variety.
l) Log: shall mean the registries in which the varieties registered under the provisions of this Law hereby, and the materials falling in with the genetic resources are recorded.
m) Special areas of production: shall mean the area the boundaries of which are established by theMinistry in order to allow for the production of seedlings.
n) Standard seedling: shall mean the seed and reproduction materials belonging to the varieties registered and plant species determined by the Ministry and supplied for trade after laboratory controls.
o) Recommendation list: shall mean the list in which regions are established which are suitable for the growing of the varieties registered under applicable legislation.
p) Registration: shall mean the procedure of assessing and registering in a log that botanical varieties rehabilitated or discovered and developed domestically or abroad are new, distinct, homogenous and mature, and also registering biological and technological characteristics, resistance against diseases and pests, and agricultural values thereof.
q) Seed sector: shall mean a structure formed by public or private Unions which rehabilitate botanical types, and produce, grow, process, sell, distribute, supply for sale or distribution, import or export seedlings, or involve in other activities related to the trade in seeds for the purpose of sowing, and also by the unions and societies formed by these Unions.
r) Seedling: shall mean the generative and vegetative plant parts such as seed, knob, seedling, sapling, çelik used for the reproduction of plants.
s) Seedling controller: shall mean the public or private body which carries out the controls regarding seedling certification, collects samples, conducts market controls, and issues documents thereabout.
t) Seedling control: shall mean the controlling of the conformity of the seedlings, the physical and biological characteristics of which have been assessed, to standards.
u) Seedling certification: shall mean the procedure of assessing, at the outcome of field and laboratory controls, the conformity of genetic, physical, biological, and health-related readings of seedlings to standards, and consequent documentation thereof.
v) Seedling class: shall mean offspring order and generation followed during the production of seedling.
w) Seedling standard: shall mean the quality criteria which define the physical and biological qualities of the seedling.
x) Production license: shall mean the temporary license issued until the biological and technological characteristics, disease and pest resistance, and agricultural value of botanical varieties rehabilitated or discovered and developed domestically or abroad are assessed, and the variety is thus registered.
y) Yeknesaklık: Variety’s being same or sufficiently homogenous considering its features other than variation expected depending upon the reproduction method during its reproduction.
PART TWO
Registration, Production, Certification, Trade and Market Inspection of Seedling
Registration
Article 4- Registering botanical varieties, issuing production license, and standard seedling variety registration, and also registration of the genetic resources are conducted by the Ministry.
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Improved varieties are registered by specifying their differences, yeknesaklık and durulmuşluk and/or biological, technological features, and determining their agricultural values, and genetic resources are registered by determining their morphological and/or molecular characters.
All the issues concerning the registration of varieties belonging to agricultural plant species, their staying in the log, renewal of registration, removal from the log, providing continuity, preparing a catalogue are specified with a regulation.
Furthermore, principles and procedures concerning the registration, production license and standard seedling variety registration are specified with a regulation according to the plant groups.
Seedling production
Article 5- The production of the seedlings belonging to the varieties the botanical and agricultural characteristics of which are assessed and registered by the Ministry shall be permitted.
The characteristics of special production areas for growing seedlings, and the rules to be obeyed by the real and legal persons who will grow seedling and produce plant within the boundaries of their field shall be designated by the regulation.
Production and growing of seedlings and botanicals not permitted by the Ministry shall be prohibited within the geographical boundaries of special seedling production areas.
Seedling sector is allowed to benefit from incentive and supports determined by the Ministry in order to improve the sector in compliance with European Union standards and international competition provided that sector also makes investment in the country. Supporting principles and procedures are regulated through the communiqué issued by the Ministry.
Seedling certification
Article 6- The seedlings, which are obtained from varieties produced domestically, registered or received production license according to article 4, and which produced and grown according to the seedling classes, shall be subjected to certification.
The seedlings subjected to field and laboratory controls and certified in compliance with seedling standards shall be appropriately packed and labeled.
Seedling certification principles and the rules to be applied to packing and labeling shall be established through regulations.
Seedling Trade
Article 7- Domestically, the trade of seedlings belonging to registered varieties shall be permitted.
These seedlings shall be supplied for trade in a manner that conforms to the qualities and standards established by the Ministry, certified or accepted to be registered in the log or appropriately packed and labeled as standard seedling.
Importing and exporting seedlings shall be subject to the permission of the Ministry. The seedlings to be imported must conform to domestic standards. The procedures and principles relating to the importing and exporting of seedlings shall be established by theMinistry upon theopinions of relevant institutions and unions.
Market Control
Article 8- The real and legal persons which grow, process, supply for trade, distribute, and sell seedlings shall be authorized and supervised by the Ministry. The procedures and principles thereabout shall be established through regulations.
The conformity of the supplied seedlings to standards, and the correctness of the label and packing information shall be controlled by the Ministry.
PART THREE
Fee, Announcement, Indemnity and Penal Provisions
Fee
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Article 9- The following fees are collected for the services given and the certificates approved or issued:
a) fee for application examination,
b) fee for registration,
c) fee for production license,
d) fee for registration of standard seedling,
e) fee for registration of genetic resources,
f) fee for certification service,
1. fee for field controls,
2. fee for laboratory controls,
3. fee for documentation,
4. fee for label,
g) fee for publication
h) other fees.
These fees are determined and announced by the Ministry in January every year. Principles and producers concerning the fess are established by the regulation.
Announcement
Article 10- The varieties registered pursuant to the provisions of Article 4 hereof, and the varieties contained in the recommendation list shall be announced on the Bulletin to be published periodically by the Ministry.
Varieties removed from the log or recommendation list and information concerning regulations about seedling are published in the bulletin. The particulars to also be included in the bulletin shall be designated by the Ministry.
Indemnity
Article 11- The real or legal persons who have produced, sold, distributed, imported or have otherwise made available on the market the defective seedling which has caused the loss shall, reserving the criminal state of their conduct, be responsible for paying joint damages. They may take recourse against each other according to their share in the loss.
The lawsuit may be filed within 6 months as of the date of documenting the losses of the party that has incurred the losses and in any case within two years after the occurrence of the loss.
Penal Provisions
Article 12- Those who sell, distribute, supply for sale or distribution, or keep more than required of the seedlings belonging to the varieties registered under Article 4 hereof;
a) without subjecting to certification process and obtaining the seedling analysis report after its compliance to standard seedling conditions is controlled,
b) as dropped below the minimum seedling standard established by the Ministry, or as derogated,
c) without packing or labeling in conformity with the regulation, or by using counterfeit packing or labels and faking names and brands, or by using remarks or signs, other than names and brands, that could be deceptive,
d) as fodder or food other than intended purposes, although it is prepared and processed in compliance with the regulation and applied insecticide,
e) through presenting as certified or controlled although it has not been subjected to certification or controlled,
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f) through deceptive promotion or advertisement as opposed to the qualities established at the time of variety registration,
shall be sentenced to an administrative fine of ten billion Turkish Liras. In case of repetition of such crime, offenders shall also be banned from the trade of seedlings for a period of five year. Such seedlings shall be detained by the Ministry, and criminal court of peace shall resolve upon the confiscation of the seedlings. In case it is decided to remove the confiscated seedlings, it shall be carried out by the Ministry all costs being borne by the offenders.
Persons and entities who grow, process, prepare for sale, distribute or sell seedlings without the permission of the Ministry shall be sentenced to an administrative fine of ten billion Turkish Liras. In case of repetition of such crime, fine shall be executed as two-fold. Such seedlings shall be detained by the Ministry, and criminal court of peace shall resolve upon the confiscation of the seedlings. In case it is decided to remove the confiscated seedlings, it shall be carried out by the Ministry all costs being borne by the offenders.
Those who import and export the seedlings for which the required permission has not been issued by the Ministry, and which have not been controlled and those who submit counterfeit documents and information or distorted the documents shall be sentenced to an administrative fine of twenty five billion Turkish Liras. In case of repetition of such crime, offenders shall also be banned from the trade of seedlings for a period of five year. Such seedlings shall be detained by the Ministry, and criminal court of peace shall resolve upon the confiscation of the seedlings. In case it is decided to remove the confiscated seedlings, it shall be carried out by the Ministry all costs being borne by the offenders.
Those who grow seedlings or botanical products without adhering to rules within the boundaries of the special seedling production areas designated by the Ministry shall be sentenced to an administrative fine of three billion Turkish Liras. Such plantations shall be removed by the Ministry, all costs being borne by the producers, and shall, if necessary, be disposed.
The administrative fines mentioned in this article shall be given by the highest civilian authority of that place. The decisions about the administrative fines shall be notified to whom it may concerns in compliance with the provisions of Notification Law dated 11.2.1959 and numbered 7201. Any objection may be raised to the authorized administrative court at latest within seven days as of the date of notification. Objection does not interrupt the execution of the fine given by the administration. The decision upon the objection is certain. Objection shall be led to a conclusion at the earliest date by examining the documents in case the otherwise is not considered essential. The administrative fines given in accordance with this law shall be collected in compliance with the provisions of Law on Collection Procedures of Public Debts dated 21.7.1953 and numbered 6183.
Announcement of the Verdict
Article 13- In case of presence of a justifiable reason or interest of the party awarded by the verdict at the end of the court concerning the confiscation of seedlings, the party shall be eligible to demand that the verdict, which has now become definite, be announced in full or in short on a daily newspaper or through similar means, all costs being borne by the opposing party. The way and content of the announcement and its price to be designated in line with the amount of fine or the indemnity shall be specified in the decision.
PART FOUR
Exception and Assignment of Power
Exception
ARTICLE 14- Registration is not obliged for seedlings imported and produced for exportation purpose. Moreover, exchange of seedlings between farmers, provided that no trade activity exists, and that the amounts in question are limited to one’s own personal use, and also the seedlings that are used for trial and inspection purposes and the amount of which is determined by the Ministry shall be exempted from the scope of the provisions this article.
Assignment of Power
Article 15- In cases it is deemed as necessary, the Ministry may assign, with defined conditions, its duties specified in Articles 5, 6, 7, and8, hereof in full or in part to the Union, public institutions and unions, special law legal entities or universities for a defined or non-defined period.
In case assignee fails to adhere to the established conditions, assigned powers shall be renounced by the Ministry. In case it is established that assignee intentionally violates the rules during official controls, the certificates issued by those shall be invalidated except for the situations when the concerned seedling meet the defined standards.
The powers that have been assigned for a defined period of time may, upon the expiration of such period, be renounced by the Ministry or be re assigned with defined conditions.
The conditions of power assignment, the principles and procedures concerning the technical and physical conditions of the Union, public institution and union, special law legal entities and universities, and the procedure to be applied at withdrawal of the power shall be determined with the regulation.
PART FIVE
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Sub-unions and Turkish Union of Seed
Establishment of the Sub-unions
Article 16- Sub-unions are the professional associations, which have public institution quality and legal entity, are established according to their subjects by at least seven real or legal persons who are plant rehabilitators, seed industrialists and producers, seedling producers, sapling producers, seed breeders, seed distributors, indoor plant producers or deals with other issues of seed, in order to facilitate professional activities, to provide the protection of the economic and social rights of those dealing with seed activities and to fulfill the duties determined with the legislation by improving the sector and providing the professional solidarity among real and legal persons operating in this sector.
Sub-unions shall apply to the Ministry with a statute specifying its establishment and working principles. If there is not any contradiction to the legislation and any deficit in the statute and the legal situation of the founders, establishment of the sub-union shall be approved by the Ministry and sub-union shall be informed at latest within fifteen days. The statute of the sub-union shall be published in a local newspaper within fifteen days pursuant to the written notification made to the sub-union. Sub-union has to gather its first plenary committee and form its organs within three months after the publication of the statute. The amendments on the statute are subjected to the establishment procedures.
In case a contradiction to legislation or deficit is found in the establishment declaration, union statute and legal situation of founders, temporary board of executives shall be demanded in written to overcome these problems. If these contradictions and deficits are not solved or overcome within thirty days as of the notification of the letter, public prosecutor apply to authorized court to annul the union upon the denunciation of the Ministry. Public prosecutor can demand to stop the activities of the union.
More than one sub-union operating in the same field cannot be established. Real or legal persons dealing with seedlings may get into more than one sub-unions according to their subjects; however, they cannot take part in more than one board of executives. Ministry shall decide the working center concerning the activity fields of sub-unions.
Membership
Article 17- Real or legal persons operating in the field of seedlings have to get into the sub-union related with their activity fields. Principles and procedures concerning the membership shall be defined in the statute of the sub-union.
Real or legal sub-union members are responsible to pay entry contribution at the entrance to the sub-union and annual contribution each year. Entry contribution and annual contribution should not be less than 10% or more than four-fold of gross total of monthly minimum wage paid to those older than sixteen years old. Annual contribution is not paid at that year when entry contribution is paid. When contributions are not paid on time, they shall be collected by sub-unions with legal interests.
Duties of the Sub-union
Article 18- the duties of the sub-union are as follows:
a) To provide communication and solidarity among the members,
b) To organize conference, panels, course, seminar and training programs in order to improve the professional knowledge and experience of its members and other people operating in seed sector, to prepare and get prepared books and periodicals,
c) To make investment, to undertake researches and studies or to get undertaken and to prepare reports concerning the issues to further improve the sub sector of seedling they operate in,
d) To prepare proposals and report in order to facilitate the decisions to be taken about seed sector and to submit them to the Union,
e) To contribute the improvement of domestic seed production by getting into a union,
f) To fulfill the duties to be assigned by the legislation.
Organs of the Sub-union
Article 19- The organs of the sub-union are plenary committee, board of executives, board of inspection and board of discipline.
The Sub-union Plenary Committee
Article 20. The sub-union Plenary Committee is composed of the members of the sub-union. The assembly gathers upon the executive
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board’s call, at least once within a year, with the absolute majority of the total number of the members. It is called to extraordinary meeting on the decision of the executive board or supervisory board or on the written demand of one fifth of the members of the Plenary Committee. In case of an insufficient majority at the first gathering, majority is not a must in the second one. Yet, the number of the members attending the 2nd gathering is to be above the double of the total number of the original members of the executive, supervisory boards and discipline committee. In case of an insufficient majority at this gathering, the sub-union is annulled. At the assemblies, decisions are taken with the absolute majority of the attendants.
Sub -unions elect ten original and ten alternate representatives, who will attend the gatherings of the Union’s Plenary Committee, for a period of two years. The procedures and principles concerning the Plenary Committee’s being called to gathering and the designation of the representatives of the Union’s Plenary Committee are determined in the regulations of the sub-union.
Duties and authorities of the sub-union Plenary Committee
a) to select the agencies of the sub-union
b) to decide on the provisions of membership, resignation and removal from membership
c) to determine the admission fee and yearly dues
d) to determine the chief principles in order that the sub-sector of raising seeds, related with their jobs, will develop
e) to discuss the reports of the executive and supervisory boards and to decide whether to pass* them or not.
f) To discuss and approve the budged formulated by the executive board
g) To determine the general principles as to the studies and management of the sub-union
h) To vest the executive board with the authority to purchase, sell and mortgage movable and immovable possession and to establish real right on these possessions on behalf of the sub-union
i) To elect representatives for the union’s Plenary Committee and jury
j) To vest the executive board with the authority to establish laboratories, business, education centre and to provide these with necessary equipment and to meet other needs of them
k) To submit to the Union one of the copies of the reports of the decisions taken at Plenary Committee gatherings.
l) To discuss the current affairs of the sector of raising seeds.
The Sub-union Executive Board
Article 21. The sub-union executive board is composed of at least five original and five alternate members, elected among the members of Plenary Committee for a period of two years. Among themselves, the original members of the board, at their first gathering, with secret ballot, elect a chairman, a vice-chairman and an accountant who will carry out the tasks the executive board determines. A secretary- general, who will implement both the the tasks given by the executive board and the transactions of the sub-union, is appointed. The qualities and duties of the secretary-general are determined in the regulations of the sub-union.
The chairman of the executive board presides the executive board and represents the sub-union. He is accountable for the financial affairs of the sub-union and related registering with the accountant member. He is also liable for other registers and correspondences with the secretary -general. In the absence of the chairman, the vice -chairman represents him. Those who have had the post of chairmanship for two terms consecutively cannot assume the same post without the passage of two terms.
The executive board gathers upon the call of the chairman, at least once a month, with absolute majority. Decisions are taken with the absolute majority of the participants; in case of a draw, the determinant is the vote of the chairman.
The procedures and principles as to the executive board gatherings are determined with the regulations of the sub-union.
Duties and authorities of the executive board:
a) to formulate the agenda of the Plenary Committee and to call the assembly to gathering.
b) To formulate the term’s balance sheet, activity report and the approximate budged of the sub-union and submit these to the Plenary Committee.
c) To implement the decisions of the Plenary Committee.
d) To establish communication and solidarity among members.
e) To arrange conferences, seminars, courses, symposiums, etc. for the members and those active in the sector of raising seeds so that their vocational knowledge and good manners will go up.
f) To conduct the required studies to develop the sector of raising seeds, to conduct and make others conduct research about the
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sector.
g) To want the discipline committee to carry out the procedures for the members, in case of the existence of actions requiring disciplinary punishment or posing an offense.
h) To purchase, sell and mortgage movable and immovable possession and to establish real right on these possessions on behalf of the sub-union.
i) To implement other tasks given by the Plenary Committee.
The Sub-union Supervisory Board
Article 22. The supervisory board is composed of three original and three alternate members elected among the sub-union members for a period of two years. The committee gathers at least two times within a year and at their first gathering, the members elect a chairman among themselves with secret ballot.
The gathering procedures and principles of the supervisory board is determined with the regulations of the sub-union.
Duties of the supervisory board:
a) to scrutinize all the accounts and transactions of the sub-union.
b) is to submit the deficiencies (he) observed in the audits and transactions to the Plenary Committee at the latest 15 days.
c) is to submit result of inspections, two-year period, as a report to the Plenary Committee.
d) is to convoke a meeting general assembly when required.
Sub-union Discipline Board
Article 23- Discipline Board consists of three associate and three alternate members which are among sub Union members for two-year period by the Plenary Committee. Discipline assembly congregate by assembly convey. The members of discipline assembly elect a chairman and also a reporter among them in the way heading voting at the initial meeting.
The way and the principles regarding as conveying and discipline are determinated by the sub Union regulations.
Aims of the discipline assembly are;
a) to implement and to give penalties regarding as discipline by investigating on the decision of discipline investigation of authority assembly.
b) to make other duties given by authority assembly.
Sub-union Incomes and Expenses
Article 24- Incomes of sub unions are as follows:
a) Entrance contribution and annual contribution.
b) Commission fee cut in the rate of 3/1000 from sells of goods and services and production dealing with seeds of members.
c) Investment. Membership and plant incomes and incomes of laboratory and so on.
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d) Fair, Union, Advisement, representation and publication incomes.
e) Right of name, logo, label of seeding, contracting prices, arbitration, advisory service, training and meeting incomes.
f) Incomes gained from movable and immovable good.
g) Permission, license of authority and registration fees regarding as transactions vested in sub union.
h) Other incomes regarding as activity subject.
Expenses of sub union are of those related with the assigned duties on the scope of this law and the activities oriented to the fulfillment of the duties being assigned on the frame of the union aims.
Avoidance
Article 25 - Sub union Plenary Committee might take a decision of avoidance with two-third majority of the all members possess to join to the Plenary Committee. In the case of not being able to ensure the majority in the initial meeting; in the second meeting, the meeting might be hold with the participated members on the condition of not being accounted for less than two times of the numbers of administration, inspection and discipline assembly members. In this case two-third majority of those joined to the meeting make decision of avoidance. Methods and principles related to the avoidance are determinated with regulations of the sub Union.
Union of Turkish Seeders
Article 26- Union of Turkey seed Sector is Professional upper installation established by sub Unions, have legal entity, so as to secure cooperation and solidarity among the sub Union, so as to develop seed sector , so as to secure Professional solidarity among those display activity in the sector and make duties.
After establishing, sub Unions must to affiliate with Union.
Duties of Union
Article 27.- Union make duties determinated as following so as to develop seed sector:
a) Developing seed sector and proposing for the ministry in order to help forming policies of seed sector
b) Forming a system to provide quality requirement of seedling which is traded in Turkey
c) Giving opinion related with arrangements which was prepared about seedling
d) Providing cooperation and coordination between it’s members and public sector and other Professional establishments
e) Mediating about conflicts between it’s members, in line with demands of parties
f) Providing technical cooperation with national and international Professional unions and being member to these unions where it is required
g) Providing to be formed technical staff by ensuring scholarship, donation and support to researchers and reformers at seedling sector
h) Determining to professional ethic rules to be abided by union members and people operated in seed sector
i) Issuing contracts of seed propagating and monitoring the implementing of contracts
j) Investing seed sector, purchasing, selling and mortgaging to movable and immovable, taking out a loan, and providing public social assistance towards establishing aims
k) Performing to other operations and process given by the Ministry, in accordance with the Law
l) Performing to other operations and process to be given under the legislation
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Madde işaretleri ve numaralandırma bir fazla
Bodies of the union
ARTICLE 28 - Bodies of the union consists of Plenary Committee, Executive Committee, board of management, board of supervisors, board of discipline and board of arbitrators
Plenary Committee of the Union and its Duties
ARTICLE 29.- The Plenary Committee of the Unionconstituted representatives selected among own members of the sub-organization for two years. In case of representatives be taken out or go out from Plenary Committee, or their resignation, or their death, spare representatives attend to the Plenary Committee instead of them. Expenses about attending to the Plenary Committee are met by the sub committee which they represent. Plenary Committee gather not less than once a year upon the call for the management committee. Plenary Committee is called for meeting onto administer committee or audit committee decision or 1/5 th of general committee members’ inscribed demand. If the required majority is not got in first meeting, majority is not wanted in second meeting. But the number of representatives attending to second meeting can not be less than total of double the amount of management, audit and discipline committee main members. Plenary Committee gather onto absolute majority of the number of the representatives and take decisions onto absolute majority.
Calling for meeting of the general committee and essentials and methods related to the meeting are set by organization regulation.
Duty and authorities of the Plenary Committee;
a) Cooperation between sub-unions and to take decisions and required measures fort he development of the sub-unions.
b) To determine the main principles for developing sub-unions.
c) To select the organization bodies.
d) To determine the main principles related to Works and Managing of the organization.
e) To admit and negotiate the budget which was prepared by Executive Board.
f) To negotiate the reports of the Executive Board and audit committee to decide it will be admitted or not.
g) To admit general arrangements prepared by sub-unions.
h) To set commissions if necessary.
ı) To buy and sell real and portable property and to mortgage property in the name of the organization and to authorize management committee about any kind of ocular right over them
j) To set up undertakings, laboratories, education center, establishment related to seed activity.
k) To negotiate the actual issues of the seed sector.
l) To set the contribution share which will be appropriated from the incomes of the sub-organization for the Organization.
m) To fulfill the other duties given with the legislation.
Executive Board of Union and its Duties
ARTICLE 30. - Executive Board of Union is selected for a two year period and selected for at least one representative from every sub- organization and consisted of five main and five reserve members. The main members in their first meetings select a chairman, a deputy of chairman and an to carry out duties given by Executive Board by secret vote. Executive Board chairman is the chairman of the organization at the same time. A General Secretary is appointed to carry out the duties of the Union given by Executive Board. The guality and duties of the general secretary is arranged by the organization regulation.
Executive Board Chairman chair to Executive Board with the member and represent the Union. Accountant is responsible for organizations’ financial issues and to book about these issues ; general secretary and accountant is responsible for issues related to the other records and correspondences. The deputy of the chairman chairs to chairman when he/she is absence. A person who is selected chairman for two years cannot be selected chairman if two election period passes.
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The Executive Board hold a meeting upon the call of the chairman not less than once a month, committee gathers upon absolute majority and take decisions upon(by) absolute majority. If an equality happens, decision is determined by the vote of the chairman.
Duties and authorities of the Executive Board;
a) To prepare Plenary Committee agenda and to call for meeting
b) To prepare the balance sheet of Union, activity report and approximate budget and to present these to Plenary Committee.
c) To put into practice the general committee rules
d) To have sub-organizations communicate each other
e) To arrange workshops, courses, lectures and similar education programs to increase the occupation info and experience of the persons and members of the organization activating in the seed sector .
f) To make required researches fort he development of the seed sector and to make experiences and observations or to have them done about sector.
g) To give penalties to members and to call discipline committee
h) To buy and sell real and portable property and to mortgage property in the name of the organization and to constitute any kind of ocular right over them
i) To make investigations for sub-unions to pay their dues on time.
j) To accomplish the other duties given by General Committee.
Inspection Committee of Union and its Duties
ARTICLE 31.- Inspection Committee of Unionis selected for two year period by the plenary committee and consist of three main and three spare members who are selected between its’ representatives. Inspection Committee gather with twice a year and its’ members select a chairman by secret vote. Calling for meeting of the audit committee and essentials and methods related to the meeting are organized by organization regulation.
The duties of the Inspection Committee are as follows:
a) To analyze all the accounts and transactions of the Union
b) To submit all defects in accounts and transactions to the Executives Board in fifteen days.
c) To submit biennial auditing results to the Plenary Committee
d) In the case of necessity, to call the General Assembly to special meeting
Board of Discipline of the Union and its duties
Article 32- Board of Discipline of the Union is composed of three principal and three substitute members chosen amongst representatives for two years period. Board of Discipline is gathered upon the calling of the Board of Directors. At the first meeting They elect a chairman and a reporter among themselves with secret voting.
The basis and the procedures concerning the meetings and discipline is determined according to the Union By-law.
The duties of the Board of Discipline are as follows:
a) To implement the decisions concerning discipline by analyzing the situation and to inflict punishment, upon the decision of the Board of Directors on opening an investigation.
b) To fulfill other duties that the Board of Directors gives.
Board of Arbitrators of the Union and its Duties
Article 33- Board of Arbitrators of the Union is composed of at least two representatives chosen for two years by the sub-unions among their own members. Also substitute representatives are chosen as many as the number of principal representatives. In the cases that the representatives leave, be expelled, die or resign, substitute representatives join to the Board of Arbitrators. Representatives chosen
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as principal, can not serve in the organs of the Union and sub-union.
The duties of the Board of Arbitrators are as follows:
a) To resolve the conflicts between Unions and sub-unions, sub-unions and their members and third parties using the ways of conciliation, mediation and arbitration.
b) To conduct the duties of the Union in scope of its international responsibilities of conciliation, mediation and arbitration.
c) To submit the labor reports to the Plenary Committee
Incomes and expenses of the Union
Article 34- Incomes of the Union are as follows:
a) Entry revenues, determined by Plenary Committee in the scope of limits in Article 17 and annual revenues and Contribution rates that sub-unions pay each year from their gross-incomes in the ratio of 10 %.
b) Investment, partnership and business incomes and incomes of laboratories and quasi facilities.
c) Incomes of fair, union, advertisement, presentation and publication.
d) Incomes of Royalty, logo, seed label, wage of agreements, arbitration, mediation, consultancy, education and meeting.
e) Incomes gained from movable and immovable properties.
f) Wages of authorization, concerning the transactions in its authority, wages of consent and certificate of authority.
g) Other incomes relevant to its activity subjects
According to the provision of sub-paragraph (a); Contribution rate which is at least 10% and determined by Union Plenary Committee is paid by sub-union to one of the banks determined by Board of Directors in the name of Union. Contribution rates are calculated according to the gross incomes of the previous year and paid in four equal installments in the months of March, June, September and December of the following year. Contribution rates failed to be paid are collected with its legal interest.
Expenses of the Union are related to duties determined in the scope of this law and activities concerning the fulfillment of the tasks in the scope of the Union’s establishment aims.
Sub-union and qualifications for joining to elections of Union organs
Article 35- Real persons registered to sub-union and Union, above the age of eighteen and representatives of legal persons authorized by the officially registered by-law of the institution can vote in the elections of sub-union and Union as to the provisions of this law.
Provisions the below is shall be stipulated to be chosen the organs of Sub-union and Union:
a) To be a Turkish citizen
b) To be registered to the Union at least for two years
c) To be above the age of twenty five at the time of election
d) Not to be in bankruptcy or to gain ascendance again after being in bankruptcy
e) Not to be sentenced to imprisonment for more than two years or with infamous punishment except the crimes committed by imprudence or even if be postponed or forgiven not to be received a sentence by reason of the crimes embezzlement, defalcation, bribery, robbery, swindling, fakery, abuse of trust, subornation of perjury, illegal trafficking, swindled bankruptcy, malfeasance, rigging a competitive bidding process, money laundering, betraying the secrets of government, terror, participation in tax fraud,
f)Not to be completely forbidden of carrying out trade and art works,
g)To be a tax payer of income tax or Union tax on account of commercial, agricultural, and industrial income,
h)To be literate,
In accordance with the Law, native and foreign legal person of representatives of the real person having above properties, who are entitled to representing and obligatory processes, can be elected for union and sub-union. Duties within union and sub-union of the real person who is incompetence in being elected will be finalized. Other subjects with respect to properties of participating in the elections of bodies shall be designated in union regulation.
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To be able to use for rights of members of the union and the sub-union, legal person is stipulated to be entitle to represent owner, partner, executive committee, general director, a superior of manager at the level of corporate executive company and, have mentioned properties at least six month before election
In the case of annulment of member of legal person, both his/her membership and his/her duty within union and sub-union he/she has been elected will be finalized.
Principles of election for union and sub-union
Article 36- According to principle of secret and open vote classification, elections for union and sub-union bodies which are laid down in the framework of the Law are performed as laid down paragraphs below:
It is consigned lists determined members or representatives to be participated in election in two copies to judge president of district election commission in concerned place at least fifteen days before Plenary Committee meetings. Moreover, it is determined agenda, place, day and time of meetings, and in the event of not majority, subjects with regard to second meeting to be held.
By also taking into consideration subjects present on agenda, dates of the meeting must be arranged in the manner of providing to be finalized discussions until a Friday evening and to be made elections from 9:00 to 17.00 on Sunday which is the following day.
Judge responsible for places, where more than one province election commission is, is appointed by province election commission. Judge shall approve of list determined members or representatives to be participated in election and other subjects laid down above, in the event of deficiencies, after having deficiencies completed, by having, when necessary, relevant entries and documents brought and by inspecting concerned entries and documents.
During period of three days, it is declared, by hanging the approved list and other subjects regarding meeting on the declaration place of union and sub-union with related to assigned district election commission
Provided that it is objected within declaration period, protests for list are investigated by the judge and made an absolute decision in two days at most. It is consigned definite lists determined in this way and other subjects regarding meeting to relevant union or sub-union.
Of the public officials and members not candidate, the judge shall appoint, which consists of one president and two members.
In the same way, the judge also determines three spare members. In the case of absence of the president of a ballot box commission for election, the oldest member presides to commission. A ballot box commission for election is responsible for conducting and administration of elections in accordance with principles envisaged in the Law, and classification of votes. Also, her duties constantly last until election and classification procedures finishes.
Within union and sub-union that their members are more than 400 people, one ballot box is present for each 400 people. Also, it is constituted a separate commission for each ballot box. It isn’t taken into account for ballot box, at most surplus one hundred members. Equipments and means to be used for elections shall be supplied by province Plenary Committee and places in which ballot box will be situated shall be determined by the judge.
Every single person who has a right to attend to the meeting that will held in the elections at Plenary Committee, can be or nominate a candidate with a signed document. Lists of the candidates for the elections will consign to the judge to seal after preparing enough copies of alphabetical surname lists that arranged as single list of all candidates for all bodies or as separate lists of candidates for every single body, by the presidency of the Plenary Committee. No sign or title can be placed near to names. Any members can’t vote, in the case of not having a name in the list to attend for Plenary Committee. The votes can be used after proving the identity with the ID’s which are given by the sub associations, association or Official Unions and after signing the name list, in an enveloped that sealed by election committee. At voting, candidate name will be marked as many as true number of the body members with the stamp of the county election committee. Other written papers or the official ballots when they marked more than the true number of the body members and the ballots which are in non-sealed envelopes will be invalid.
At the time of vote counting, candidates poll the most votes are elected as associated member and rest of the candidates are placed as alternate members according to highest vote principle. In the case of equality of votes, will draw lots. At the end of election period, the results are recorded. and signed by voting station committee chief and members. On condition that, a copy result records will be hanged at the election place, temporary results will be announced. Used votes and other official documents and a copy of result records, are consign to county election committee to keep them for 3 months time.
All operations made during the elections and as from 2 days arranging of the records, possible objections will be examined at the same day and adjudicated without doubt. As soon as end of the objection period and adjudication of objections, Judge will announce the definite results in accordance with rules as above and consign to sub associations, association. If Judge will adjudicate for cancellation of the elections, because of unlawfulness which affect the results or any illegal application, the date of the Sunday when the elections will renew, is going to consign to the regarding sub associations, association in a period between at least one month to maximum of two months time. At the appointment date, just the elections will took place and election process will execute according to this article as the requirements of the law.
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Responsible judge and voting station committee chief and members will be charged from the budget of sub-associations, association within the provisions of Act number 298 (26.04.2004) “Act Regarding to Elector Rolls and Basic Provisions for Elections”. Commit a crime against voting station committee chief and members during elections, will be admitted and punished as the crime had been committed against State.
Criminal Prosecution
ARTICLE 37. – Punishment ,regarding to the government officials, is given to the staff and to the members of the organs exterminated or changed the papers, account books, reports, proceedings, balance sheets and commit an offense against to union’s and sub-union’s documents means as money, promissory note and other goods.
Exemption
ARTICLE 38. – Unions and sub-unions can benefit from all the fee and tax exemptions given to the cooperatives which are established, according to Cooperatives Laws with the date of 24.4.1969 and the number of 1163.
Inspection
ARTICLE 39. – Ministry has a right to supervise and inspect the organs of unions and sub-unions related to financial and administrative subjects.
Ministry or attorney general wants to give an end to the sub-unions and unions responsible organs that are being active in other things (not in their purposes) and to choose the new ones. By request of Ministry or attorney general, civil court makes an decision by judging and trial results in 3 months.
But, if there is a situation of being late in preventing the offense, national security, public order; sub-union and unions activities are being prohibited by governor. Decision of prohibition is being presented to the judge’s approval within 24 hours. Judge, explains the decision unless decision automatically abrogates.
PART SIX
Various Decrees
Decrees Related To Forest Plant Species
ARTICLE 40. – Around this law decrees belonging to forest plant species Ministry of Environment and Forest is authorized to make regulations and applications related to registration of genetic source, production of seeds, certification, marketing , export and import.
Decrees not in force
ARTICLE 41. –The Law with the number of 308 and the date of 21.8.1963 which is related to Registration, Control and Certification of Seeds is not in force.
With the other legislation, attributions done to the 308 numbered law are deeming to this Law.
TEMPORARY CLAUSE 1. – Species, which are registrated, given production permission and taken to the commercial vegetable registration list, related to legislation judgments concerned with 308 numbered law before the date of coming in to force of this Law, are counted as registrated.
Judgments, of article 5 first paragraph and seventh paragraph, do not apply after 2 years of the coming in force of this Law, to the plant species that have varieties registrated and not officially registrated, also for the seed varieties that the Ministry see as necessary.
Regulations about the application of this Law, are prepared and brought in to force by Ministry after 1 year from coming in force of Law.
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Regulations based on the 308 numbered Law which are not against to this Law, will be in force until bringing in to force of the regulation.
TEMPORARY CLAUSE 2. – According to this law the ones (real or judicial ones), that do not have any handicap to be chosen, get an establishing certificate by applying to Ministry within six months from the date of the coming in force of law. Within one month from the application date founder members choose the temporary administrative committee (with 5 members) from the centers that Ministry determined. In applications the associations and profession unions ,which are active in the date of coming in force of this law, have the priority.
Temporary administrative committee ,within two months after the date of being chosen, finishes the registrations and makes the elections of the
organs by inviting the Plenary Committee according to 20 th article. 35 th article paragraph two (b) do not apply in the first elections. In the scope of this item sub-union gains judicial act by informing the results of elections to the Ministry.
After gaining judicial act (minimum three sub-unions) Ministry, summons the representatives of general assembly to a meeting in Ankara to choose the union organs. Union gains the judicial act after the election of organs.
The sub-unions ,which are related to this item, can make the works and connections to establish sub-unions till gaining an judicial act.
Enforcement
ARTICLE 42. – This law comes in to force after the publication date.
Judicial Organ
ARTICLE 43. – These law provisions put in to force by the Council of Ministers.
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