PUNJAB SEEDS AND FRUIT PLANTS ORDINANCE, 1965

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: f2c9dd911944c2a51d81046186ed9430047b25aa7fb50ed520c350c9aa2be78c.

Punjab Seeds and Fruit Plants 
1965: Ordinance XIII 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Notification of local areas, seeds, fruit plants and the standard of quality. 
4. Registration of growers. 
5. Rights and obligations of a registered grower. 
6. Certification. 
7. Sale and distribution of certified seeds, fruit plants and nursery plants. 
8. Penalties. 
9. Other powers of the competent authority. 
10. Power to make rules. 
11. Delegation of powers. 
THE PUNJAB SEEDS AND FRUIT PLANTS ORDINANCE, 
1965 
(XIII of 1965) 
 
TEXT 
1
THE 
2
[PUNJAB] SEEDS AND FRUIT PLANTS ORDINANCE, 1965 
(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
[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 
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
[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 
means a fruit plant, nursery or seed, as the case may be, certified 
under section 6; 
                                                           
1This Ordinance was promulgated by the Governor of West Pakistan on May 28, 1965, approved by the Provincial Assembly of 
West Pakistan on July 8, 1965, under clause (3) of Articl e 79 of the Constitution of the Islamic Republic of Pakistan (1962); 
published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1965, pp. 2427-3431. 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 974) (w.e.f. 14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A-1425-PP, Article 2(1)  read with 
Schedule, Part III, Serial No. 80. 
3Ibid. 
4Ibid. 
5Ibid. 
6Ibid. 
(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 
1
[Provincial Government of the Punjab]; 
(v) “nursery” includes seeds, cuttings, 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, frui t 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 regis tration 
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. 
                                                           
1Substituted for the words “Government of West Paki stan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 974)  (w.e.f. 14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A-1425-PP, Article 2(1) read with Schedule, Part 
III, Serial No. 80. 
 (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 an d nursery plants.– 
(1) The certified seeds produced by a registered growers 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 authorit y, 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 paymen t 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 l iberty 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 registe red 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, aft er 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. 
 (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 seiz ed 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 rul es 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 subordina te to it any of its powers under this 
Ordinance or the rules made thereunder.