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  "title": "PUNJAB SEED CORPORATION ACT, 1976",
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  "text": "THE PUNJAB SEED CORPORATION ACT, 1976 \r\n(X of 1976) \r\nCONTENTS \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nConstitution of the Corporation \r\n3. Establishment of the Corporation \r\n4. Establishment, powers and constitution of the Board \r\n5. Managing Director \r\n6. Resignation by or removal of nominated Member \r\n7. Removal of Managing Director \r\n8. Appointment of officers, etc. of the Corporation \r\n9. Declaration of fidelity and secrecy \r\n10. Financial, Technical and Advisory Committee \r\n11. Immunity of the Managing Director and employees of the Corporation \r\n12. Delegation of Powers \r\n13. Meetings of the Board \r\n14. Power of Board to associate other persons \r\nCHAPTER III \r\nPowers and Functions of the Corporation \r\n15. Powers and Functions of the Corporation \r\nCHAPTER IV \r\nFinance, Audit and Accounts \r\n16. Source of Funds \r\n17. Corporation Fund \r\n18. Powers of the Corporation to borrow money \r\n19. Budget \r\n20. Accounts and Audit \r\n21. Report to be furnished to Government \r\n22. Reference of a dispute to the Arbitrator \r\n23. Recovery of dues \r\n24. Rules \r\n25. Regulations \r\nTEXT \r\n1\r\nTHE PUNJAB SEED CORPORATION ACT, 1976 \r\n(X of 1976) \r\n[18th June, 1976] \r\nAn \r\nAct \r\nto provide for the establishment of the Punjab Seed Corporation. \r\nPreamble.– WHEREAS it is expedient to provide for the establishment in the \r\nProvince of the Punjab, a Corporation for the production, procurement, processing, \r\nmarketing and distribution of seeds; \r\nIt is hereby enacted as follows:– \r\nCHAPTER I \r\nPRELIMINARY \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\nPunjab Seed Corporation Act, 1976. \r\n (2) It shall extend to the whole of the Province of the Punjab.  \r\n (3) It shall come into force at once. \r\n2. Definitions.– (1) In this Act, unless there is anything repugnant in the subject \r\nor context– \r\n(a) “Advisor” means the Advisor of the Corporation; \r\n(b) “Board” means the Board constituted under section 4 of this Act; \r\n(c) “Corporation” means the Punjab Seed Corporation established under \r\nsection 3 of this Act; \r\n(d) “Employee” means an employee of the Corporation; \r\n(e)  “Government” means the Government of the Punjab; \r\n(f) “Managing Director” means the Managing Director of the Corporation \r\nand includes any person discharging the duties of the Managing \r\nDirector for the time being; \r\n(g) “Member” means the member of the Board and includes its Chairman \r\nand Managing Director; \r\n(h) “Registered Grower” means a grower registered with the Corporation in \r\nthe prescribed manner; and \r\n(i) “Prescribed” means prescribed by rules or regulations. \r\n (2) All words and expressions used but not defined in this Act shall bear \r\n \r\n1This Act was passed by the Punjab Assembly on 8 June, 1976; assented to by the Governor of the Punjab on 18 June 1976; \r\nand published in the Punjab Gazette (Extraordinary), dated 18 June 1976, pages 1389-1397. \r\nthe same meanings as are assigned to them in the Seed Act, 1976. \r\nCHAPTER II \r\nConstitution of the Corporation \r\n3. Establishment of the Corporation.– (1) As soon as may be, after the \r\ncommencement of this Act, there shall be established a Corporation to be called the \r\nPunjab Seed Corporation. \r\n (2) The Corporation shall be a body corporate having perpetual \r\nsuccession and a common seal with power, subject to the provisions of this Act, to \r\nacquire and hold property, both movable and immovable and it shall sue and be \r\nsued by the said name. \r\n4. Establishment, powers and constitution of the Board.– (1) The \r\nadministration and management of the Corporation and its affairs shall vest in a \r\nBoard to be constituted by the Government through a notification issued in the \r\nofficial Gazette. The Board may exercise powers and do all acts and things that may \r\nbe exercised or done by the Corporation in accordance with the provisions of this \r\nAct. \r\n(2) The Board in discharging its functions shall act on commercial \r\nconsiderations and be guided by such directions as the Government may give to it \r\nfrom time to time. \r\n2[(3) The Board shall consist of the following: \r\n \r\n(a) Minister for Agriculture of the \r\nGovernment; \r\nChairman \r\n(b) Secretary to the Government, \r\nAgriculture Department; \r\nmember \r\n(c) Secretary to the Go vernment, \r\nFinance Department; \r\nmember \r\n(d) two members of Provincial \r\nAssembly of the Punjab to be \r\nnominated by the Speaker of \r\nthe Assembly; \r\nmembers \r\n(e) two persons from the private \r\nsector having expertise in the \r\nfield of agribusiness industry; \r\nmembers \r\n(f) three persons from the farming \r\ncommunity, registered with the \r\nPunjab Seed Corporation, \r\nincluding at least one female; \r\nmembers \r\n(g) one person from the private \r\nsector having expertise in the \r\nfield of finance; \r\nmember \r\n(h) one person from the private \r\nsector having expertise in the \r\nfield of marketing; \r\nmember \r\n \r\n2Substituted by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), publ ished in the Punjab Gazette (Extraordinary), \r\ndated: 31 October 2022, pp. 1681-1682, s.2. \r\n(i) one person from the private \r\nsector having expertise in the \r\nfield of information technology; \r\nmember \r\n(j) two persons from the faculty of \r\na public or private sector \r\nuniversity, having expertise in \r\nthe f ield of Agriculture \r\nEconomics or Crop Sciences;  \r\nmembers \r\n(k) one renowned scientist involved \r\nin Agricultural Research (Crop \r\nSciences; and \r\nmember \r\n(l) Managing Director. member/secretary”; \r\n 3[(4) The members mentioned at clauses (e) to (k) of subsection ( 3) shall be \r\nnominated by the Chief Minister for a term not exceeding three years.] \r\n (5) The membership of the Board may be altered by the 4[Chief Minister] at \r\nany time. \r\n5[5. Managing Director.– (1) The Chief Minister, on the recommendation of the \r\nBoard, shall appoint a Managing Director in such manner as may be prescribed and \r\nhe shall be the Chief Executive of the Corporation.  \r\n(2) The Managing Director shall: \r\n(a) be a whole-time officer of the Corporation and he shall organize \r\nand manage its day to day fun ctions in such manner as may be \r\nprescribed; \r\n(b) preform such other duties as may be assigned to him by the \r\nBoard; and  \r\n(c) receive such salary and allowances as may be  prescribed.] \r\n6. Resignation by or removal of nominated Member.– Notwithstanding \r\nanything contained in this Act a nominated member may at any time before the \r\nexpiry of his term of office, resign his office, or be removed from office by 6[the Chief \r\nMinister] without assigning any reason. \r\n7. Removal of Managing Director.– (1) The Managing Director may at any time \r\nbefore the expiry of his term and upon three month’s notice, resign his office or upon \r\nsimilar notice be removed by 7[the Chief Minister] \r\n8\r\n[after affording him an opportunity \r\n \r\n3Substituted by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab Gazette (Extraordinary), \r\ndated: 31 October 2022, pp. 1681-1682, s.2. \r\n4Substituted for the word ‘Government’ by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab \r\nGazette (Extraordinary), dated: 31 October 2022, pp. 1681-1682, s.2. \r\n5Substituted by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab Gazette (Extraordinary), \r\ndated: 31 October 2022, pp. 1681-1682, s.3. \r\n6Substituted for the word ‘Government’ by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab \r\nGazette (Extraordinary), dated: 31 October 2022, pp. 1681-1682, s.4. \r\n7Substituted for the word ‘Government’ by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab \r\nGazette (Extraordinary), dated: 31 October 2022, pp. 1681-1682, s.4. \r\nof being heard]: \r\nProvided that 9[the Chief Minister] may upon payment of three month’s salary \r\nand allowances in lieu of the notice remove him immediately \r\n10\r\n[after affording him an \r\nopportunity of being heard]. \r\n(2) The Board may remove the Managing Director if he– \r\n(a) refuses or fails to discharge or becomes, in the opinion of the Board, \r\nincapable of discharging his responsibilities under this Act; \r\n(b) has, in the opinion of the Board, abused his position as Managing \r\nDirector; \r\n(c) has knowingly acquired, without permission in writing of the Board, \r\ndirectly or through a partner, any share or interest in any contract or \r\nemployment with or on behalf of the Corporation or in any property, \r\nwhich in his knowledge, is likely to benefit or has benefitted him as a \r\nresult of the operations of the Corporation; \r\n(d) has in the opinion of the Board violated the declaration of fidelity and \r\nsecrecy provided in Section 9; or \r\n(e) has absented himself for three consecutive meetings of the Board \r\nwithout leave of the Board. \r\n8. Appointment of officers etc. of the Corporation.– The Board may, subject \r\nto such general or special orders as Government may give to it from time to time, \r\nappoint such officers, advisors and servants as it deems necessary for the efficient \r\nperformance of its functions on such terms and conditions as may be prescribed: \r\nProvided that the Board shall have the power to make appointment on \r\ncontract basis on such terms and conditions as it may deem fit. \r\n9. Declaration of fidelity and secrecy.– (1) Every member, advisor, officer and \r\nother employee of the Corporation shall, before entering upon his office, make such \r\ndeclaration of fidelity and secrecy as may be prescribed. \r\n(2) Any advisor, officer or other employee of the Corporation, who in the \r\nopinion of the Board has violated the declaration of fidelity and secrecy made by him \r\nunder sub-section (1) shall be liable to be removed forthwith: \r\nProvided that no such person shall be removed unless he is afforded an \r\nopportunity of showing cause why he should not be removed from service under this \r\nsub- section. \r\n10. Financial, Technical and Advisory Committee.– The Board may, for \r\nefficient functioning of  the Corporation, constitute such financial, technical, and \r\nadvisory committees as it may deem necessary. \r\n \r\n8Substituted for the words “without assigning any reason” by the Punjab Seed Corporation (Amendment) Ordinance, 1984 (XXXII of 1984); \r\nand published in the Punjab Gazette (Extraordinary), dated 17.12.1984, s.2. \r\n9Substituted for the word ‘Government’  by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab \r\nGazette (Extraordinary), dated: 31 October 2022, pp. 1681-1682, s.4. \r\n10Ibid. \r\n11. Immunity of the Managing Director and employees of the Corporation.– \r\nEvery member, advisor, officer and employee of the Corporation shall be indemnified \r\nby the Corporation against all losses and expenses sustained or incurred by him in \r\nthe discharge of his duties save such losses and expenses as are sustained and \r\nincurred as a result of his own wilful act or default. \r\n12. Delegation of Powers.– (1) The Board may, by general or special order, \r\ndelegate to the Managing Director, a Member, Officer or Employee of the \r\nCorporation any of its powers, duties or functions under this Act or the rules and \r\nregulations made thereunder, subject to such conditions as it may deem fit to \r\nimpose. \r\n(2) The Managing Director may like-wise delegate to an officer any of his \r\npowers under this Act or the rules or regulations made thereunder, not being a \r\npower delegated to him by the Board under sub-section (1). \r\n13. Meetings of the Board.– (1) The meetings of the Board shall be held at such \r\ntime and place as may be prescribed: \r\nProvided that at least one meeting shall be held during each quarter of the \r\nyear:  \r\nProvided further that until regulations are made in this behalf, such meetings \r\nshall be held at such time and place as may be determined by the Chairman. \r\n(2) The quorum required for transacting business at a meeting of the \r\nBoard shall be 11[seven]: \r\nProvided that for the budget meeting of the Board one of the 12[seven] \r\nmembers constituting the quorum shall be the Finance Secretary. \r\n(3) The meetings of the Board shall be presided over by the chairman and \r\nin his absence by such member as may be nominated by him and failing such \r\nnomination by any other member as may be elected by the members present. \r\n(4) No act or proceedings of the Board shall be invalid merely on the \r\nground of the existence of any vacancy in or any defect in the constitution of the \r\nBoard. \r\n(5) The minutes of every meeting shall be drawn up and recorded in a \r\nbook to be kept for this purpose and shall be signed by the person presiding over the \r\nmeeting and such book shall at all reasonable times and without payment of any fee, \r\nbe open to inspection by any member. \r\n(6) The Managing Director shall circulate to the Members, the copies of \r\nthe minutes of every meeting. \r\n(7) If Government so directs the Managing Director shall forward to it \r\ncopies of all papers laid before the Board for consideration at a meeting. \r\n (8) Government may require the Managing Director to furnish to it– \r\n \r\n11Substituted for the word ‘four’ by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1681-1682, s.5. \r\n12Substituted for the word ‘four’ by the Punjab Seed Corporation (Amendment) Act 2022 (XXV of 2022), published in the Punjab Gazette \r\n(Extraordinary), dated: 31 October 2022, pp. 1681-1682, s.5. \r\n(a) any return, statement, estimate, statistics, or other information \r\nregarding any matter, under the control of the Corporation; or \r\n(b)  any document in his possession or control, and the Managing Director \r\nshall comply with any such requisition without delay. \r\n14. Power of Board to associate other persons.– The Board may associate \r\nwith itself, any person whose assistance or advice it may require, in such manner, on \r\nsuch terms and for such period as it may deem fit. \r\nCHAPTER III \r\nPowers and Functions of the Corporation \r\n15. Powers and Functions of the Corporation.– (1) Subject to the provisions of \r\nthis Act, the Corporation may take such measures, exercise such powers as it \r\nconsiders necessary or expedient, undertake any works, incur any expenditure, \r\npurchase, take on lease or acquire land for seed production, procure any plants, \r\nmachinery or material required for its use, and may enter into any contract and do all \r\nacts and things necessary for carrying out the purpose of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npowers, the Corporation may take such measures as it may consider necessary for– \r\n(a) Procurement and import of pre-basic seed; \r\n(b) Production and proper multiplication of basic seed; \r\n(c) Multiplication, procurement, processing, bagging and storage of \r\ncertified seed;  \r\n(d) Adequate marketing of certified seed through both the public and \r\nprivate Sector; \r\n(e) export of the certified seed when possible after meeting the national \r\nrequirements; \r\n(f)  taking over and managing the Punjab Agricultural Development \r\nSupplies Corporation Seed Farms as directed by the Government on \r\nsuch terms and conditions as may be prescribed; \r\n(g) making suitable arrangements for the multiplication of seeds on private \r\nfarms under its supervision; \r\n(h) making suitable arrangements for the certification of seed in such \r\nmanner as may be prescribed; \r\n(i) taking all measures to promote the establishment of the seed industry \r\nin the Province; \r\n(j) rendering technical advice and other services to its registered growers; \r\nand \r\n(k) contributing towards the cost of any studies, services, experiment or \r\ntechnical research connected with the functions of the Corporation and \r\nundertaken or done by any other person, agency or body. \r\n (3) The Government may entrust any other functions which it may consider \r\nnecessary to the Corporation. \r\nCHAPTER IV \r\nFinance, Audit and Accounts \r\n16. Source of Funds.– To enable the Corporation to carry out its business \r\neffectively and to meet charges in connection with its functions under this Act, the \r\nGovernment shall provide the Corporation with adequate funds. \r\n17. Corporation Fund.– (1) There shall be established a fund to be known as the \r\n“Corporation Fund” which shall vest in the Corporation, and be utilised to meet \r\ncharges in connection with its functions including the payment of salaries and other \r\nremunerations of the Managing Director, officers, and employees of the Corporation. \r\n(2) The Corporation fund shall consist of– \r\n(a) equity capital to be provided by the Government; \r\n(b) long term loans from the Government; \r\n(c) loans from commercial banks to be obtained on the advice of the \r\nBoard; \r\n(d) income and receipts of the Corporation from sale proceeds, fees or any \r\nother sums received by the Corporation; and \r\n(e) amounts received from the Government in the form of subsidy, \r\ncommission on providing service and other incidental sums. \r\n18. Powers of the Corporation to borrow money.– The Corporation shall be \r\ndeemed to be a local authority under the Local Authorities Loans Act, 1914 (No. IX of \r\n1914) for the purposes of borrowing money: \r\nProvided that no foreign loan shall be obtained by the Corporation without the \r\nprevious sanction of the Government. \r\n19. Budget.– The annual budge estimates of the Corporation shall be prepared \r\nand approved in the manner as may be prescribed. \r\n20. Accounts and Audit.– (1) The Corporation shall maintain proper accounts \r\nand other relevant records and follow the commercial cost accounting procedure. \r\n(2) The Corporation shall prepare annually a balance sheet including the \r\nprofit and loss account with such general directions as may be prescribed. \r\n(3) The Accounts of the Corporation shall be audited at least once in every \r\nfinancial year by the Auditor-General of Pakistan. \r\n(4) Before the audit referred to in sub-section (3), the accounts of the \r\nCorporation shall be audited at least once in every financial year by an approved firm \r\nof Chartered Accountants. \r\n(5) A statement of the audited accounts referred to in sub-section (3) shall \r\nbe furnished to the Government within four months after the end of every financial \r\nyear. \r\n21. Report to be furnished to Government.– The Corporation shall within four \r\nmonths of the close of each financial year, furnish to Government audited statement \r\nof its assets and liabilities of commercial undertakings and transactions together with \r\na profit and loss account and a full report regarding the work performed during the \r\nyear, and copies of the said statement, account and report shall be published in the \r\nofficial Gazette. \r\n22. Reference of a dispute to the Arbitrator.– In the case of any dispute \r\nregarding the actual sum due to the Corporation, the matter shall be referred to an \r\narbitrator appointed by the Government and the award of the arbitrator thereon shall \r\nbe final and binding upon the parties. \r\n23. Recovery of dues.– All sums due to the Corporation from any person under \r\nan award of an arbitrator or decree of any court shall be recoverable as arrears of \r\nland revenue. \r\n24. Rules.– The Government may make rules for carrying out the purposes of \r\nthis Act. \r\n25. Regulations.– Subject to the provisions of the Act and the rules framed \r\nthereunder, the Board may make regulations for carrying out the purposes of this \r\nAct.",
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