1THE
PUNJAB SEED CORPORATION ACT, 1976
(X of 1976)
[18th
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 Punjab. Chairman
(b)
Additional Chief Secretary, Planning and Development, Member Government of the Punjab.
(c)
Secretary to
the Government of the Punjab, Member
Agriculture Department.
(d)
Secretary to
the Government of the Punjab, Member
Finance Department.
[1][(e) two
representative including at least one female representative, if available from
the farming community
to
be nominated by the Government] Member
[2][(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 2[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 3[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 th
This Act was
passed by the Punjab Assembly on 8th June, 1976; assented to by the Governor of
the Punjab on 18 June, 1976; and, published in the Punjab Gazette
(Extraordinary), dated 18th June, 1976, pages 1389-1397.
2
Substituted by
the Punjab Seed Corporation (Amendment) Ordinance, 1984 (XXXII of 1984). 3 Ibid.
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