thereof, or to the person from whose custody and control it was taken; or
(ii)
with the consent of the owner thereof, order it to be destroyed
without compensation; or
(iii) bring proceedings in the manner prescribed by subsection (2) for
its forfeiture and destruction; or
(iv)
if, upon such test, the said prescribed seed is also found and
certified to be in a dangerous state or injurious to the health of human
beings, animals or plants, and the Minister deems it reasonably
necessary so to do, order the said prescribed seed to be forfeited and
destroyed, without compensation;
(b)
the Minister may, if the said prescribed seed has not been seized
or 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, permit the owner thereof to retain the said
prescribed seed; or
(ii)
with the consent of the owner thereof, order it to be destroyed
without compensation;
(iii) bring proceedings in the manner prescribed by subsection (2) for
its forfeiture and destruction; and may, if he deems it necessary so to do,
at any time prior to or after the commencement of the said proceedings,
direct that the said prescribed seed be seized and detained pending the
determination of the said proceedings; or
(iv)
if, upon such test, the said prescribed seed is also found and
certified to be in a dangerous state or injurious to the health of human
beings, animals or plants, and the Minister deems it reasonably
necessary so to do, order the said prescribed seed to be forfeited and
destroyed, without compensation; and may for the purposes of this
sub-paragraph, if he deems it necessary so to do, order the seizure and
detention of the said prescribed seed.
(2) (a) Where the Minister elects to act in pursuance of sub-paragraph
(iii) of paragraph (a) of subsection (1) or of subparagraph (iii) of
paragraph (b) of subsection (1), he may, in his name, bring, or cause to
be brought, civil proceedings in the court against the owner of the said
prescribed seed or against the person from whose custody or control the
same was taken, or in whose custody or control the same is found, as
agent of the owner; and in the said proceedings the Minister shall claim
for a declaration by the court that the said prescribed seed does not
conform to the minimum standards of germination or purity prescribed
under this Act for such prescribed seed; and for an order that it be
forfeited to the Government and destroyed, without compensation.
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