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  "title": "PUNJAB SEEDS AND FRUIT PLANTS ORDINANCE, 1965",
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  "text": "Punjab Seeds and Fruit Plants \r\n1965: Ordinance XIII \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Notification of local areas, seeds, fruit plants and the standard of quality. \r\n4. Registration of growers. \r\n5. Rights and obligations of a registered grower. \r\n6. Certification. \r\n7. Sale and distribution of certified seeds, fruit plants and nursery plants. \r\n8. Penalties. \r\n9. Other powers of the competent authority. \r\n10. Power to make rules. \r\n11. Delegation of powers. \r\nTHE PUNJAB SEEDS AND FRUIT PLANTS ORDINANCE, \r\n1965 \r\n(XIII of 1965) \r\n \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] SEEDS AND FRUIT PLANTS ORDINANCE, 1965 \r\n(XIII of 1965) \r\n[31 May 1965] \r\nAn \r\nOrdinance \r\nto provide for better production and distribution of seeds and fruit plants of high \r\nquality in \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to provide for better production and \r\ndistribution of seeds and fruit plants of high quality in the Province of \r\n4\r\n[the Punjab]; \r\n AND WHEREAS the Provincial Assembly of West Pakistan is not in session \r\nand the Governor of West Pakistan is satisfied that circumstances exist which render \r\nimmediate legislation necessary; \r\n NOW, THEREFORE, in exercise of the powers vesting in him under clause (1) \r\nof Article 79 of the Constitution, the Governor of West Pakistan is pleased to make \r\nand promulgate the following Ordinance:– \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe \r\n5\r\n[Punjab] Seeds and Fruit Plants Ordinance, 1965. \r\n (2) It extends to the whole of the Province of \r\n6\r\n[the Punjab] , except the \r\nTribal Areas. \r\n (3) This section and section 2 shall come into force at once and the \r\nremaining provisions of this Ordinance shall come into force in such areas and on \r\nsuch dates as Government may, by notification in the Official Gazette, appoint in this  \r\nbehalf. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions shall have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(i) “certified fruit plant”, “certified nursery” and “certified seed ” respectively \r\nmeans a fruit plant, nursery or seed, as the case may be, certified \r\nunder section 6; \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of West Pakistan on May 28, 1965, approved by the Provincial Assembly of \r\nWest Pakistan on July 8, 1965, under clause (3) of Articl e 79 of the Constitution of the Islamic Republic of Pakistan (1962); \r\npublished in the Gazette of West Pakistan (Extraordinary), dated May 31, 1965, pp. 2427-3431. \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 974) (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A-1425-PP, Article 2(1)  read with \r\nSchedule, Part III, Serial No. 80. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Ibid. \r\n(ii) “competent authority” means the person authorised by Government to \r\nexercise the powers, discharge the duties and perform the functions of \r\nthe competent authority under this Ordinance; \r\n(iii) “fruit plant” means a fruit plant notified under section 3; \r\n(iv) “Government” means the \r\n1\r\n[Provincial Government of the Punjab]; \r\n(v) “nursery” includes seeds, cuttings, suckers, saplings or other material \r\nused for the raising of fruit plants; \r\n(vi) “prescribed” means prescribed by rules made under this Ordinance; \r\n(vii) “progeny garden” means a garden raised of certified fruit plants from \r\nwhich material for budding and grafting is being or is intended to be \r\nused for raising a nursery; \r\n(viii) “registered grower” means a person or a group of persons engaged in \r\nraising of seeds, fruit plants and nurseries, and duly registered under \r\nthis Ordinance; \r\n(ix) “seed” includes cuttings, bulbs, rhizomes, runners, suckers, nursery \r\nplants or any other material used for the reproduction of plants. \r\n3. Notification of local areas, seeds, fruit plants and the standard of \r\nquality.– Government may, by notification in the Official Gazette, specify– \r\n(i) the local areas where certified seeds, frui t plants and nurseries may be \r\nraised; \r\n(ii) the species of seeds and fruit plants which may be raised by a \r\nregistered grower in such areas; \r\n(iii) the standard which a seed, fruit plant and nursery shall attain for being \r\ncertified under section 6. \r\n4. Registration of growers.– (1) Any person desirous of raising certified seeds, \r\nfruit plants and the nursery thereof on commercial basis and possessing such \r\nqualifications as may be prescribed, may apply, in the prescribed manner, to the \r\ncompetent authority for registration under this Ordinance. \r\n (2) If such person is approved by the competent authority his name shall \r\nbe entered in a register to be maintained by the competent authority for that purpose. \r\n (3) The competent authority shall issue to such person a regis tration \r\ncertificate in the prescribed form specifying the seeds, the fruit plants and the \r\nnursery thereof which he shall be entitled to raise. \r\n5. Rights and obligations of a registered grower .– (1) A registered grower \r\nshall, within the period specified by the competent authority, raise such seeds, fruit \r\nplants and nursery thereof as may be specified in his registration certificate, and, \r\nwhere necessary, shall maintain a progeny garden therefor. \r\n                                                           \r\n1Substituted for the words “Government of West Paki stan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 974)  (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425 -A-1425-PP, Article 2(1) read with Schedule, Part \r\nIII, Serial No. 80. \r\n (2) A registered grower shall, if so required by the competent  authority, \r\nimport seeds or fruit plants of such specifications as may be laid down by the \r\ncompetent authority. \r\n (3) In raising the seeds, fruit plants and nursery, the registered grower \r\nshall follow such instructions and directions as may be given to him by the \r\ncompetent authority, and, in particular, shall observe such precautions as the \r\ncompetent authority may require him to take. \r\n (4) A registered grower may, by application in the prescribed manner, \r\nrequest the competent authority to inspect the crop of  seeds, progeny garden, fruit \r\nplants and nursery raised by him, and to suggest such measures as the competent \r\nauthority may consider necessary for the improvement thereof. \r\n6. Certification.– (1) On the application made in the prescribed manner by a \r\nregistered grower, the competent authority shall inspect his crop of seeds, godowns \r\nof seeds, progeny garden, fruit plants and the nursery. \r\n (2) If the competent authority is satisfied that the seeds, fruit plants and \r\nnursery raised by the registered grower have attained the standard notified under \r\nsection 3, the competent authority shall certify such seeds, fruit plants and nursery \r\nas seeds, fruit plants and nursery, as the case may be, of high quality. \r\n7. Sale and distribution of certified seeds, fruit plants an d nursery plants.– \r\n(1) The certified seeds produced by a registered growers shall be disposed of in \r\nsuch manner as may be prescribed. \r\n (2) Out of the certified seeds produced by a registered grower, such \r\nquantity as may be allowed by the competent authorit y, shall be retained by him for \r\nhis own use. The remaining seeds shall, subject to the payment of price in advance, \r\nbe sold by him to Government or to the competent authority. Where the price has \r\nbeen so paid, the registered grower shall, subject to paymen t of charges for storage, \r\nmake arrangements for storage thereof until delivery is taken in pursuance of the \r\nsale. Where the price has not been so paid, the registered grower shall, after a \r\nfortnight’s notice to Government of his intention so to do, be at l iberty to sell the \r\ncertified seeds in the market. \r\n (3) For the purposes of sale of certified fruit plants and products of certified \r\nnurseries outside the local area specified under sub -section (3) of section 1, the \r\ncompetent authority may require a registe red grower to sell fruit plants and products \r\nof nursery to such persons and at such reasonable rates as may be specified by the \r\ncompetent authority, and the registered grower shall comply accordingly. \r\n (4) Save as provided in sub -section (3), a registered grower shall be free \r\nto dispose of fruit plants and products of his nursery in such manner as he may \r\nconsider proper. \r\n8. Penalties.– (1) If a registered grower fails to grow seeds and fruit plants of \r\nhigh quality or nursery thereof, the competent authority may, after giving notice to the \r\nregistered grower and giving him an opportunity of being heard, cancel the \r\nregistration. \r\n (2) If a registered grower maintains a nursery which is below the standard \r\nnotified under section 3, the competent authority may, aft er giving such owner an \r\nopportunity of being heard, seize the nursery and confiscate it. \r\n (3) If a registered grower contravenes any of the provisions of this \r\nOrdinance, he shall, without prejudice to the action that may be taken against him \r\nunder sub-section (1) or sub -section (2), be liable, on conviction before a Magistrate \r\nof the First Class to a fine not exceeding one thousand rupees. \r\n (4) Whoever, not being a registered grower, raises a nursery of fruit plants \r\nof any quality on commercial basis shall be liable on conviction before a Magistrate \r\nof the First Class to a fine not exceeding one thousand rupees and, where the \r\noffence is continued after conviction, to a further fine of fifty rupees for each day \r\nduring which the offence is continued. \r\n (5) No Court shall take cognizance of any offence punishable under sub -\r\nsection (4), except on complaint made by the competent authority or any person duly \r\nauthorised in this behalf by the competent authority. \r\n9. Other powers of the competent authority .– The competent authority shall \r\nhave power– \r\n(i) to inspect or cause to be inspected at any time the crop of certified \r\nseeds, stores of certified seeds, progeny garden, fruit plants and \r\nnursery raised by a registered grower; \r\n(ii) to seize and detain or cause to be seiz ed and detained seeds and \r\nproducts of a certified nursery found to be below the standard notified \r\nunder section 3, and to destroy them in the prescribed manner. \r\n10. Power to make rules .– (1) Government may, by notification in the Official \r\nGazette, make rul es for the purpose of giving effect to the provisions of this \r\nOrdinance. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may provide for– \r\n(a) the qualifications, if any, for registration and the procedure therefor; \r\n(b) the number, type and kind of fruit plants to be maintained in a progeny \r\ngarden, and the size of the garden; \r\n(c) the manner in which the competent authority may be requested to \r\ninspect crops of seeds, progeny gardens, fruit plants and nurseries and  \r\nto suggest improvements; \r\n(d) the control and regulation of the import and export of seeds and fruit \r\nplants of high quality and the nursery products; \r\n(e) the manner of seizure, detention, confiscation or destruction of seeds \r\nand nurseries, found to be below the standard notified under section 3; \r\n(f) the manner in which a registered grower shall dispose of the certified \r\nseeds produced by him. \r\n11. Delegation of powers .– Government may, by notification in the Official \r\nGazette, delegate to any officer subordina te to it any of its powers under this \r\nOrdinance or the rules made thereunder.",
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