[1]THE
PUNJAB SEED CORPORATION ACT, 1976
(Act X of 1976)
[18 June 1976 ]
An Act to provide for the
establishment of the Punjab Seed Corporation
Preamble.– WHEREAS it is expedient to provide
for the establishment in the Province of the Punjab ,
a corporation for the production, procurement, processing, marketing and
distribution of seeds;
It is hereby enacted as follows:-
Chapter I
Preliminary
1. Short
title, extent and commencement.– (1) This Act may be called the Punjab Seed Corporation Act,
1976.
(2) It
shall extend to the whole of the Province of the Punjab .
(3) It
shall come into force at once.
2. Definitions.– (1) In this Act, unless there is
anything repugnant in the subject or context–
(a) “advisor”
means the Advisor of the Corporation;
(b) “Board”
means the Board constituted under section 4 of this Act;
(c) “corporation”
means the Punjab Seed Corporation established under section 3 of this Act;
(d) “employee”
means an employee of the Corporation;
(e) “Government”
means the Government of the Punjab ;
(f) “Managing
Director” means the Managing Director of the Corporation and includes any
person discharging the duties of the Managing Director for the time being;
(g) “member”
means the member of the Board and includes its Chairman and Managing Director;
(h) “registered
grower” means a grower registered with the Corporation in the prescribed
manner; and
(i) “prescribed”
means prescribed by rules or regulations.
(2) All
words and expressions used but not defined in this Act shall bear the same meanings
as are assigned to them in the Seed Act, 1976.
Chapter II
Constitution
of the Corporation
3. Establishment
of the Corporation.–
(1) As soon as may be, after the commencement of this Act, there shall be
established a Corporation to be called the Punjab Seed Corporation.
(2) The
Corporation shall be a body corporate having perpetual succession and a common
seal with power, subject to the provisions of this Act, to acquire and hold
property, both movable and immovable and it shall sue and be sued by the said
name.
4. Establishment,
powers and constitution of the Board.– (1) The administration and management of the Corporation
and its affairs shall vest in a Board to be constituted by the Government
through a notification issued in the official Gazette. The Board may exercise
powers and do all acts and things that may be exercised or done by the
Corporation in accordance with the provisions of this Act.
(2) The
Board in discharging its functions shall act on commercial considerations and
be guided by such directions as the Government may give to it from time to
time.
(3) The
Board shall consist of–
|
(a) Minister
for Agriculture, Government of the
|
Chairman
|
|
(b) Additional
Chief Secretary, Planning and Development, Government of the
|
Member
|
|
(c) Secretary
to the Government of the
|
Member
|
|
(d) Secretary
to the Government of the
|
Member
|
|
[2][(e) two
representatives including at least one female representative, if available
from the farming community to be nominated by the Government
|
Member]
|
|
[3][(f) two representatives including at least one
female representative, if available from the seed trade to be nominated by
the Government
|
Member]
|
|
(g) Managing
Director, Punjab Seed Corporation.
|
Member/ Secretary of the Board.
|
(4) The
members nominated under clauses (e)
and (f) of sub-section (3), shall
hold office for a term not exceeding three years.
(5) The
membership of the Board may be altered by the Government at any time.
5. Managing
Director.–
(1) The Government shall appoint a Managing Director who shall be the Chief
Executive of the Corporation.
(2) The
Managing Director shall–
(a) be
a whole time officer of the Corporation;
(b) perform
such duties as may be prescribed or as the Board may assign to him; and
(c) receive
such salary and allowances as the Government may determine.
6. Resignation
by or removal of nominated member.– Notwithstanding anything contained in this Act a nominated
member may at any time before the expiry of his term of office, resign his
office, or be removed from office by Government without assigning any reason.
7. Removal
of Managing Director.–
(1) The Managing Director may at any time before the expiry of his term and
upon three month’s notice, resign his office or upon similar notice be removed
by Government [4][after affording him an opportunity
of being heard]:
Provided that Government may upon
payment of three month’s salary and allowances in lieu of the notice remove him
immediately [5][after affording him an opportunity
of being heard].
(2) The
Board may remove the Managing Director if he–
(a) refuses
or fails to discharge or becomes, in the opinion of the Board, incapable of
discharging his responsibilities under this Act;
(b) has,
in the opinion of the Board, abused his position as Managing Director;
(c) has
knowingly acquired, without permission in writing of the Board, directly or
through a partner, any share or interest in any contract or employment with or
on behalf of the Corporation or in any property, which in his knowledge, is
likely to benefit or has benefitted him as a result of the operations of the
Corporation;
(d) has
in the opinion of the Board violated the declaration of fidelity and secrecy
provided in section 9; or
(e) has
absented himself for three consecutive meetings of the Board without leave of
the Board.
8. Appointment
of officers, etc. of the Corporation.– The Board may, subject to such general or special orders as
Government may give to it from time to time, appoint such officers, advisors
and servants as it deems necessary for the efficient performance of its
functions on such terms and conditions as may be prescribed:
Provided that the Board shall have
the power to make appointment on contract basis on such terms and conditions as
it may deem fit.
9. Declaration of fidelity and secrecy.– (1) Every
member, advisor, officer and other employee of the Corporation shall, before
entering upon his office, make such declaration of fidelity and secrecy as may
be prescribed.
(2) Any advisor, officer or other employee of
the Corporation, who in the opinion of the Board has violated the declaration
of fidelity and secrecy made by him under sub-section (1) shall be liable to be
removed forthwith:
Provided that no such person shall
be removed unless he is afforded an opportunity of showing cause why he should
not be removed from service under this sub-section.
10. Financial, technical and advisory
committees.–
The Board may, for efficient functioning of the Corporation, constitute such
financial, technical, and advisory committees as it may deem necessary.
11. Immunity of the Managing Director and
employees of the Corporation.– Every member, advisor, officer and employee of the
Corporation shall be indemnified by the Corporation against all losses and
expenses sustained or incurred by him in the discharge of his duties save such
losses and expenses as are sustained and incurred as a result of his own wilful
act or default.
12. Delegation of powers.– (1) The Board may, by general or
special order, delegate to the Managing Director, a member, officer or employee
of the Corporation any of its powers, duties or functions under this Act or the
rules and regulations made thereunder, subject to such conditions as it may
deem fit to impose.
(2) The
Managing Director may likewise delegate to an officer any of his powers under
this Act or the rules or regulations made thereunder, not being a power
delegated to him by the Board under sub-section (1).
13. Meetings of the Board.– (1) The meetings of the Board shall
be held at such time and place as may be prescribed:
Provided that at least one meeting
shall be held during each quarter of the year:
Provided further that until
regulations are made in this behalf, such meetings shall be held at such time
and place as may be determined by the chairman.
(2) The
quorum required for transacting business at a meeting of the Board shall be
four:
Provided that for the budget meeting
of the Board one of the four members constituting the quorum shall be the
Finance Secretary.
(3) The meetings of the Board shall be
presided over by the chairman and in his absence by such member as may be
nominated by him and failing such nomination by any other member as may be
elected by the members present.
(4) No
act or proceedings of the Board shall be invalid merely on the ground of the
existence of any vacancy in or any defect in the constitution of the Board.
(5) The
minutes of every meeting shall be drawn up and recorded in a book to be kept
for this purpose and shall be signed by the person presiding over the meeting
and such book shall at all reasonable times and without payment of any fee, be
open to inspection by any member.
(6) The
Managing Director shall circulate to the members, the copies of the minutes of
every meeting.
(7) If
Government so directs the Managing Director shall forward to it copies of all
papers laid before the Board for consideration at a meeting.
(8) Government
may require the Managing Director to furnish to it–
(a) any
return, statement, estimate, statistics, or other information regarding any
matter, under the control of the Corporation; or
(b) any
document in his possession or control, and the Managing Director shall comply
with any such requisition without delay.
14. Power of Board to associate other persons.– The Board may associate with
itself, any person whose assistance or advice it may require, in such manner,
on such terms and for such period as it may deem fit.
Chapter III
Powers and
Functions of the Corporation
15. Powers and functions of the Corporation.– (1) Subject to the provisions of
this Act, the Corporation may take such measures, exercise such powers as it
considers necessary or expedient, undertake any works, incur any expenditure,
purchase, take on lease or acquire land for seed production, procure any
plants, machinery or material required for its use, and may enter into any
contract and do all acts and things necessary for carrying out the purpose of
this Act.
(2) In
particular and without prejudice to the generality of the foregoing powers, the
Corporation may take such measures as it may consider necessary for–
(a) procurement
and import of Pre-basic seed;
(b) production
and proper multiplication of basic seed;
(c) multiplication,
procurement, processing, bagging and storage of certified seed;
(d) adequate
marketing of certified seed through both the public and private sector;
(e) export
of the certified seed when possible after meeting the national requirements;
(f) taking
over and managing the Punjab Agricultural Development Supplies Corporation Seed
Farms as directed by the Government on such terms and conditions as may be
prescribed;
(g) making
suitable arrangements for the multiplication of seeds on private farms under
its supervision;
(h) making
suitable arrangements for the certification of seed in such manner as may be
prescribed;
(i) taking
all measures to promote the establishment of the seed industry in the Province;
(j) rendering
technical advice and other services to its registered growers; and
(k) contributing
towards the cost of any studies, services, experiment or technical research
connected with the functions of the Corporation and undertaken or done by any
other person, agency or body.
(3) The
Government may entrust any other functions which it may consider necessary to
the Corporation.
Chapter IV
Finance,
Audit and Accounts
16. Source of funds.– To enable the
Corporation to carry out its business effectively and to meet charges in
connection with its functions under this Act, the Government shall provide the
Corporation with adequate funds.
17. Corporation fund.– (1) There shall be established a
fund to be known as the “Corporation fund” which shall vest in the Corporation,
and be utilised to meet charges in connection with its functions including the
payment of salaries and other remunerations of the Managing Director, officers,
and employees of the Corporation.
(2) The
Corporation fund shall consist of–
(a) equity
capital to be provided by the Government;
(b) long
term loans from the Government;
(c) loans
from commercial banks to be obtained on the advice of the Board;
(d) income
and receipts of the Corporation from sale proceeds, fees or any other sums
received by the Corporation; and
(e) amounts
received from the Government in the form of subsidy, commission on providing
service and other incidental sums.
18. Powers of the Corporation to borrow money.– The Corporation shall be deemed to
be a local authority under the Local Authorities Loans Act, 1914 (No. IX of
1914) for the purposes of borrowing money:
Provided that no foreign loan shall
be obtained by the Corporation without the previous sanction of the Government.
19. Budget.– The annual budge estimates of the
Corporation shall be prepared and approved in the manner as may be prescribed.
20. Accounts and audit.– (1) The Corporation shall maintain
proper accounts and other relevant records and follow the commercial cost
accounting procedure.
(2) The Corporation shall prepare annually a
balance sheet including the profit and loss account with such general
directions as may be prescribed.
(3) The
accounts of the Corporation shall be audited at least once in every financial
year by the Auditor-General of Pakistan
(4) Before
the audit referred to in sub-section (3), the accounts of the Corporation shall
be audited at least once in every financial year by an approved firm of
Chartered Accountants.
(5) A
statement of the audited accounts referred to in sub-section (3) shall be
furnished to the Government within four months after the end of every financial
year.
21. Report to be furnished to
Government.– The Corporation shall within four months of the close of
each financial year, furnish to Government audited statement of its assets and
liabilities of commercial undertakings and transactions together with a profit
and loss account and a full report regarding the work performed during the
year, and copies of the said statement, account and report shall be published
in the official Gazette.
22. Reference of a dispute to the Arbitrator.– In the case of any dispute
regarding the actual sum due to the Corporation, the matter shall be referred
to an arbitrator appointed by the Government and the award of the arbitrator
thereon shall be final and binding upon the parties.
23. Recovery of dues.– All sums due to the Corporation
from any person under an award of an arbitrator or decree of any court shall be
recoverable as arrears of land revenue.
24. Rules.– The Government may make rules for
carrying out the purposes of this Act.
25. Regulations.– Subject to the provisions of the
Act and the rules framed thereunder, the Board may make regulations for
carrying out the purposes of this Act.
[1]This Act was passed by the Punjab Assembly on 8th June, 1976; assented
to by the Governor of the Punjab on 18th June, 1976; and, published in the
Punjab Gazette (Extraordinary), dated 18th June, 1976, pages 1389-1397.
[4]Substituted
by the Punjab Seed Corporation (Amendment) Ordinance, 1984 (XXXII of 1984).
No comments:
Post a Comment