(XIII OF 1965)
[31st
May, 1965]
An
Ordinance
to provide for better production and distribution of
seeds and fruit plants of high quality in3 [the
Punjab].
Preamble.— WHEREAS it is expedient to provide for
better production and distribution of seeds and fruit plants of high quality in
the Province of [3][
the Punjab];
AND WHEREAS the
Provincial Assembly of West Pakistan is not in session and the Governor of West
Pakistan is satisfied that circumstances exist which render immediate
legislation necessary;
Now, THEREFORE,
in exercise of the powers vesting in him under clause (1) of Article 79 of the
Constitution, the Governor of West Pakistan is pleased to make and promulgate
the following Ordinance:-
1.
Short title,
extent and commencement.— (1) This Ordinance may be called the [4][Punjab]
Seeds and Fruit Plants Ordinance, 1965.
(2)
It extends to the whole of the province of 6[ the Punjab], except
the Tribal Areas.
(3)
This section and section 2 shall come into force at
once and the remaining provisions of this Ordinance shall come into force in
such areas and on such dates as Government may, by notification in the official
Gazette, appoint in this behalf.
2.
Definitions.—
In this Ordinance, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that
is to say—
(i)
“certified fruit plant”, “certified nursery” and
“certified seed” respectively mean a fruit plant, nursery or seed, as the case
may be, certified under section 6;
(ii)
“competent authority” means the person authorised by
Government to exercise the powers, discharge the duties and perform the
functions of the competent authority under this Ordinance;
(iii)
“fruit plant” means a fruit plant notified under
section 3;
(v)
“nursery” includes seeds, cutting, suckers, saplings or
other material used for the raising of fruit plants;
(vi)
“prescribed” means prescribed by rules made under this
Ordinance;
(vii)
“progeny garden” means a garden raised of certified
fruit plants from which material for budding and grafting is being or is
intended to be used for raising a nursery;
(viii)
“registered grower” means a person or a group of
persons engaged in raising of seeds, fruit plants and nurseries, and duly
registered under this Ordinance;
(ix)
“seed” includes cuttings, bulbs, rhizomes, runners,
suckers, nursery plants or any other material used for the reproduction of
plants.
3. Notification of local areas, seeds, fruit plants and the standard of
quality.— Government may, by notification in
the official Gazette, specify—
(i)
the local areas where certified seeds, fruit plants and
nurseries may be raised;
(ii)
the species of seeds and fruit plants which may be
raised by a registered grower in such areas;
(iii)
the standard which a seed, fruit plant and nursery shall
attain for being certified under section 6.
4.
Registration
of growers.— (1) Any person desirous of raising certified seeds, fruit
plants and the nursery thereof on commercial basis and possessing such
qualifications as may be prescribed may apply, in the prescribed manner, to the
competent authority for registration under this Ordinance.
(2)
If such person is approved by the competent authority
his name shall be entered in a register to be maintained by the competent
authority for that purpose.
(3)
The competent authority shall issue to such person a
registration certificate in the prescribed form specifying the seeds, the fruit
plants and the nursery thereof which he shall be entitled to raise.
5.
Rights and
obligations of a registered grower.— (1) A registered grower shall, within
the period specified by the competent authority, raise such seeds, fruit plants
and nursery thereof as may be specified in his registration certificate, and,
where necessary, shall maintain a progeny garden therefor.
(2)
A registered grower shall, if so required by the
competent authority, import seeds or fruit plants of such specifications as may
be laid down by the competent authority.
(3)
In raising the seeds, fruit plants and nursery, the
registered grower shall follow such instructions and directions as may be given
to him by the competent authority, and, in particular, shall observe such
precautions as the competent authority may require him to take.
(4)
A registered grower may, by application in the
prescribed manner, request the competent authority to inspect the crop of
seeds, progeny garden, fruit plants and nursery raised by him, and to suggest
such measures as the competent authority may consider necessary for the
improvement thereof.
6.
Certification.—
(1) On the application made in the prescribed manner by a registered grower,
the competent authority shall inspect his crop of seeds, godowns of seeds,
progeny garden, fruit plants and the nursery.
(2)
If the competent authority is satisfied that the seeds,
fruit plants and nursery raised by the registered grower have attained the
standard notified under section 3, the competent authority shall certify such
seeds, fruit plants and nursery as seeds, fruit plants and nursery, as the case
may be, of high quality.
7.
Sale and
distribution of certified seeds, fruit plants and nursery plants.— (1) The
certified seeds produced by a registered grower shall be disposed of in such
manner as may be prescribed.
(2)
Out of the certified seeds produced by a registered
grower, such quantity as may be allowed by the competent authority shall be
retained by him for his own use. The remaining seeds shall, subject to the
payment of price in advance, be sold by him to Government or to the competent
authority. Where the price has been so paid, the registered grower shall,
subject to payment of charges for storage, make arrangements for storage
thereof until delivery is taken in pursuance of the sale. Where the price has
not been so paid, the registered grower shall, after a fortnight’s notice to
Government of his intention so to do, be at liberty to sell the certified seeds
in the market.
(3)
For the purposes of sale of certified fruit plants and
products of certified nurseries outside the local area specified under
sub-section (3) of section 1, the competent authority may require a registered
grower to sell fruit plants and products of nursery to such persons and at such
reasonable rates as may be specified by the competent authority, and the
registered grower shall comply accordingly.
(4)
Save as provided in sub-section (3), a registered grower
shall be free to dispose of fruit plants and products of his nursery in such
manner as he may consider proper.
8.
Penalties.—
(1) If a registered grower fails to grow seeds and fruit plants of high quality
or nursery thereof, the competent authority may, after giving notice to the
registered grower and giving him an opportunity of being heard, cancel the
registration.
(2)
If a registered grower maintains a nursery which is
below the standard notified under section 3, the competent authority may, after
giving such owner an opportunity of being heard, seize the nursery and
confiscate it.
(3)
If a registered grower contravenes any of the
provisions of this Ordinance, he shall, without prejudice to the action that
may be taken against him under sub-section (1)
or subsection (2), be liable, on conviction before a magistrate of the
first class to a fine not exceeding one thousand rupees.
(4)
Whoever, not being a registered grower, raises a
nursery of fruit plants of any quality on commercial basis shall be liable on
conviction before a magistrate of the first class to a fine not exceeding one
thousand rupees and, where the offence is continued after conviction, to a
further fine of fifty rupees for each day during which the offence is
continued.
(5)
No Court shall take cognizance of any offence
punishable under sub-section (4), except on complaint made by the competent
authority or any person duly authorised in this behalf by the competent
authority.
9. Other powers of the competent authority.—
The competent authority shall have power
—
(i)
to inspect or cause to be inspected at any time the
crop of certified seeds, stores of certified seeds, progeny garden, fruit
plants and nursery raised by a registered grower;
(ii)
to seize and detain or cause to be seized and detained
seeds and products of a certified nursery found to be below the standard
notified under section 3, and to destroy them in the prescribed manner.
10.
Power to
make rules.— (1) Government may, by notification in the official Gazette,
make rules for the purpose of giving effect to the provisions of this
Ordinance.
(2) In particular and without prejudice to the generality of
the foregoing power, such rules may provide for—
(a)
the qualifications, if any, for registration and the
procedure therefor;
(b)
the number, type and kind of fruit plants to be
maintained in a progeny garden, and the size of the garden;
(c)
the manner in which the competent authority may be
requested to inspect crops of seeds, progeny gardens, fruit plants and
nurseries and to suggest improvements;
(d)
the control and regulation of the import and export of
seeds and fruit plants of high quality and the nursery products;
(e)
the manner of seizure, detention, confiscation or
destruction of seeds and nurseries, found to be below the standard notified
under section 3;
(f)
the manner in which a registered grower shall dispose
of the certified seeds produced by him.
11.
Delegation
of powers.— Government may by notification in the official Gazette,
delegate to any officer subordinate to it any of its powers under this
Ordinance or the rules made thereunder.
[1] This Ordinance was
promulgated by the Governor of West Pakistan on 28th May, 1965; approved by the
Provincial Assembly of West Pakistan on 8th July, 1965, under clause (3) of
Article 79 of the Constitution of the Islamic Republic of Pakistan (1962); and,
published in the West Pakistan Gazette (Extraordinary), dated 8th July, 1965,
pages 3617-21.
[2] Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “West Pakistan”. 3 Ibid.
[5]
Substituted by the Punjab Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974),
for “Government of West Pakistan”.
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