Agricultural Pesticides (Amendment) Ordinance 1997

No comments yet. Be the first to comment

AGRICULTURAL PESTICIDES (AMENDMENT) ORDINANCE, 1997

ORDINANCE XLIX OF 1997

An Ordinance further to amend the Agricultural Pesticides Ordinance, 1971

[Gazette of Pakistan, Extraordinary, Part I, 2nd August, 1997]

No.F.2(1)/97‑Pub., dated 2‑8‑1997.‑‑The following Ordinance made by the President is hereby published for general information:‑‑

1. Short title and commencement.‑‑(1) This Ordinance may be called the Agricultural Pesticides (Amendment) Ordinance, 1997.

(2) It shall come into force at once.

2. Amendment of section 3, Ordinance II of 1971.‑‑In the Agricultural Pesticides Ordinance, 1971 (II of 1971) hereinafter referred to as the said Ordinance, in section 3,‑‑

(i) for clause (a), the following shall be substituted, namely:‑‑

"(a) "adulterated" in relation to a pesticides means a pesticide with which spurious, deleterious or harmful substance has been mixed or which is wholly or mainly ineffective for the purpose for which it is intended."; and

(b) in clause (r) the word "and" at the end shall be omitted and after clause (r) the following clause shall be inserted, namely:‑‑

"(rr) "sub‑standard" when used with reference to a pesticide, means any pesticide the strength or purity of which falls below the professed standard or quality which is expressed on its label or under which it is sold or a pesticide any valuable ingredient of which has been wholly or particularly extracted; and".

3. Amendment of section 10, Ordinance II of 1971.‑‑In the said Ordinance.‑‑

(a) section 10 shall be re‑numbered as subsection (1) of that section and in subsection (1) re‑renumbered as aforesaid the words "branded or" shall be omitted; and

(b) after subsection (1) amended as aforesaid the following new subsections shall be added, namely:‑‑

(2) In the event of a distributor, dealer, whole-seller, retailer, agent or vendor selling any adulterated or sub‑standard pesticide, the importer, manufacturer or formulator from or through whom the said pesticide has been obtained shall also be guilty of the offence committed by the aforementioned distributor, dealer, whole-seller, retailer, agent or vendor, as the case may be, and be liable to the same punishment:

Provided that, pesticide in the same package or label are recovered from the warehouse or store of the importer, manufacturer, distributor or formulator, as the case may be, and established to be also adulterated or sub standard.

(3) Any dealer whole-seller, retailer or an agent who has been convicted of not less than two offences under this Ordinance shall be black listed by the importer, manufacturer, distributor or formulator of the pesticide in question.

4. Amendment of section 18, Ordinance II of 1971.‑‑In the said Ordinance, in section 18.‑‑

(a) in subsection (3) after the word "therein" the words "against the person from whose possession the sample has been taken" shall be inserted; and

(b) in subsection (6) after the word "therein" the words "against the person from whose possession the sample has been taken" shall be added.

5. Amendment of section 19, Ordinance II, of 1971.‑‑In the said Ordinance, in section 19 for the word "may" occurring for the first time the word "shall" be substituted.

6. Substitution of section 21, Ordinance II of 1971.‑‑In the said Ordinance, for section 21, the following shall be substituted, namely:‑‑

"21. Offences and penalties.‑‑(1) Any person who imports, manufactures, formulates, sells, offers or exposes for sale, holds in stock for sale or advertises for sale an adulterated or sub‑standard pesticide shall be guilty of an offence.

(2) The person guilty of an offence under subsection (1) shall be punished,‑‑

(a) in the case of an adulterated pesticide, in relation to a first offence with imprisonment for a term which shall not be less than one year or more than three years and with fine amounting to five hundred thousand rupees and for every subsequent offence with imprisonment for a term which shall not be less than two years or more than three years .and with fine which shall not be less than five, hundred thousand rupees or more than one million rupees; and

(b) in the case of a sub‑standard pesticide, in relation to a first offence with imprisonment for a term which shall not be less than six months or more than two years and with fine which may extend to five hundred thousand rupees and for every subsequent offence with imprisonment which may extend to three years and with fine but shall not be less than the punishment given for the first offence. "

7. Insertion of new section 21A, Ordinance II of 1971.‑‑In the said Ordinance, after section 21 substituted as aforesaid, the following new section shall be inserted, namely:‑‑

"21A. Punishment for offences not provided for in section 21.‑‑Any person who contravenes any of the provisions of this Ordinance or the rules for the contravention of which no other punishment is provided in this Ordinance, shall be punishable with fine which may extend to one hundred thousand rupees."

8. Substitution of section 22, Ordinance II of 1971.‑‑In the said Ordinance, for section 22, the following shall be substituted namely:‑‑

"22. Manufacturer's warranty to dealers.‑‑Whoever gives a false warranty to a dealer or purchaser in respect of adulterated or substandard pesticide shall, unless he proves that when he gave the warranty he had good reason to believe the same to be true, be guilty of an offence punishable in the same manner and to the same extent as provided for under section 21.

9. Amendment of section 23, Ordinance II of 1971.‑‑In the said Ordinance, in section 23, for the words "shall be punishable with imprisonment for a term which shall not be less than two years or more than four years and with fine amounting to one hundred thousand rupees" the following shall be substituted, namely:‑‑

"shall be punishable,‑‑‑

(i) in the case of an offence under clause (a) or (b) with imprisonment for a term which shall not be less than two years or more than three years and with fine which may extend to one million rupees; and

(ii) in the case of an offence under clause (c) with fine which may extend to ten thousand rupees".

10. Addition of section 23‑A, Ordinance II of 1971.‑‑In the said Ordinance, after section 23, the following new section shall be inserted, namely:‑‑

"23‑A. Punishment for Inspector.‑‑If an Inspector wilfully tampers with any sample drawn under section 16 or a Government Analyst deliberately prepares an incorrect report under section 17, he shall be guilty of misconduct and shall, in addition to any penalty or punishment to which he may be liable under any law for the time being in force, be proceeded against in the appropriate departmental proceedings."

11. Amendment of section 24, Ordinance II of 1971.‑‑In the said Ordinance, after subsection (2) the following new subsection shall be added, namely,‑‑

"(3) An Inspector may apply to the District Magistrate, Additional District Magistrate, Sub‑Divisional Magistrate of the District or Sub‑Division or Tehsil or Taluka, as the case may be, for police assistance and such Magistrate may direct that an executive Magistrate shall accompany the Inspector alongwith a police party for the purpose of collecting sample for examination.

12. Addition of new section 26‑A, Ordinance II of 1971.‑‑In the said Ordinance, after section 26, the following new section shall be inserted, namely:‑‑

"26‑A. Cognizance and prosecution of offences.‑‑The offences punishable under this Ordinance shall be cognizable and non‑bailable but a police officer shall not register or investigate a case relating to an offence under this Ordinance except on a complaint by the Inspector and the Public Prosecutor shall be responsible for conducting prosecution of offences under this Ordinance."

Discussion

    Be the first to comment and start a discussion!

© 2020 PakistanLaw.pk, All rights reserved.