where the test was made, the date of the test, and a declaration by the seller that the bulk quantity sold by him is all or part of that from which the sample tested was taken, together with such other particulars as may be prescribed; (ii) and the seller is not the person who caused the said test to be made, furnish to the buyer at the time of sale a copy of the statement furnished, under the provisions of sub-paragraph (i), by the person who caused such test to be made, and shall endorse thereupon a declaration that the bulk quantity sold by him is all or a part of that to which the said statement was related at the time he procured the same, together with a statement by the seller containing such other particulars as may be prescribed. (2) Any person who fails to comply with the provisions of this section shall be guilty of an offence. (3) The validity of a contract for the sale of prescribed seed, or the right to enforce such a contract, shall not be affected by non-compliance with this section. (4) For the purposes of this section­ (a) the expression in "in bulk quantities" includes any quantity of seed taken, for the purpose of a particular sale, from any larger quantity of seed, but does not include seed which is packed and sold in sealed containers; (b) the word "sale" includes "gift", and cognate words shall be construed accordingly. (As amended by Act No. 21 of 1995) 38. (1) Subject to the provisions of section thirty-six, if any sample, Disposal of taken in the manner prescribed, of any prescribed seed, is, upon test, sub-standard found and reported by an official seed-tester not to conform to the prescribed seed standards of germination and purity prescribed for such prescribed seed(a) the Minister may, if the said prescribed seed is seized and detained under the provisions of this Act(i) subject to such conditions as to its sale and use, and to such other conditions as he may impose, direct its return either to the owner