Updated: Saturday August 31, 2013/AsSabt
Shawwal 25, 1434/Sanivara
Bhadra 09, 1935, at 10:04:46 AM
[1][1]The [2][2][
(W.P. Ordinance XIII of
1965)
[31 May 1965)
An
Ordinance to provide for better production and distribution of seeds and fruit
plants of high quality in [3][3][the
Preamble.— WHEREAS it is expedient to provide for
better production and distribution of seeds and fruit plants of high quality in
the Province of [4][4][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 [5][5][
(2) It extends to the whole of the province
of [6][6][the
(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;
(iv) “Government”
means the [7][7][Provincial Government of the
(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.
(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 sub-section (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.
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][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][2]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted by the Punjab
Laws (Adaptation) Order, 1974 (Pb. A.O. 1 of 1974), for “Government of
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