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18/06/2024
The Pesticides Ordinance, 1971

The Pesticides Ordinance, 1971

( Ordinance NO. II OF 1971 )

এই অধ্যাদেশ বালাইনাশক (পেস্টিসাইডস) আইন, ২০১৮ (২০১৮ সনের ২৪ নং আইন) দ্বারা রহিত করা হইয়াছে।

Chapter III

1THE PESTICIDE TECHNICAL ADVISORY COMMITTEE, ETC.

The agriculture Pesticide Technical Advisory Committee
12. (1) As soon as may be after the commencement of this Ordinance, the Government shall constitute a committee, to be called the 2[* * *] Pesticide Technical Advisory Committee, to advise the Government on technical matters arising out of the administration of this Ordinance and to perform any other functions assigned to it by or under this Ordinance.
 
 
 
 
(2) The Committee shall consist of a Chairman and such number of Vice-Chairmen and other members, being officers of the 3[Government and] persons representing trade and industry engaged in pesticide business, as the Government may appoint:
 
 
4[* * *]
 
 
 
 
(3) The names of the Chairman, the Vice-Chairmen and the other members of the Committee shall be published in the official Gazette.
 
 
 
 
(4) The Government shall appoint one of the members of the Committee, being an officer of 5[the] Government, to be the Secretary of the Committee for the period for which he is such a member.
 
 
 
 
(5) The non-official members of the Committee shall hold office for a term of three years and shall be eligible for re-appointment.
 
 
 
 
(6) A member of the Committee may, at any time, resign his office by writing under his hand addressed to the Chairman; but the seat of such member shall not be deemed to have fallen vacant unless the resignation has been accepted by the Chairman with the previous approval of the Government.
 
 
 
 
(7) A person appointed to fill a vacancy created by the registration or death of a member shall hold office for the residue of the term of his predecessor.
 
 
 
 
(8) The functions of the Committee may be exercised notwithstanding any vacancy in the membership thereof.
 
 
 
 
(9) The Committee shall have the power to regulate with the prior approval of the Government the procedure for the conduct of its business.
 
 
 
 
(10) The Committee may appoint sub-committees consisting of specialists for the consideration of particular matters for such periods, not exceeding three years, as it may consider necessary.
Pesticide Laboratory
13. (1) As soon as may be after the commencement of this Ordinance, the Government shall set up a Pesticide Laboratory suitably equipped to carry out the functions entrusted to it by or under this Ordinance.
 
 
 
 
(2) The functions of the Pesticide Laboratory and the mode of submission of samples for analysis or test to the Laboratory shall be such as may be prescribed.
 
 
 
 
(3) The secrecy of the formulae of brands of pesticides, samples of which are submitted to the Pesticide Laboratory for analysis or test, shall be duly safeguarded in the manner prescribed.
Government Analyst
14. The Government may, by notification in the official Gazette, appoint as many persons as it deems fit to be Government Analysts for pesticides and, where it appoints more than one person to be Government Analysts, shall specify in the notification the local limits within which each one of them shall perform the functions of Government Analyst.
Inspectors
15. The 6[Government] may, by notification in the official Gazette, appoint from amongst the officers of the 7[Government] employed for work relating to plant protection such number as it deems fit to be Inspectors within such local limits as may be specified in the notification.
Powers of Inspectors
16. An Inspector may, within the local limits for which he is appointed, enter upon any premises where pesticides are kept or stored, whether in containers or in bulk, by or on behalf of the owner, including premises belonging to a bailee, such as a railway, a shipping company or any other carrier, and may take samples therefrom for examination. No compensation shall be payable for a reasonable quantity taken as a sample.
Procedure of Inspectors
17. (1) Where an Inspector takes a sample of a pesticide for the purpose of test or analysis under section 16, he shall intimate such purpose in writing in the prescribed form to the person from whose possession he takes it and, in the presence of such person (unless he wilfully absents himself), shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked:
 
 
 
 
Provided that, where the pesticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the pesticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them.
 
 
 
 
(2) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:-
 
 
 
 
(i) he shall forthwith send one portion or container to the Government Analyst for test or analysis; and
 
 
 
 
(ii) he shall send the second portion or container to the Government.
Report of Government Analyst
18. (1) The Government Analyst to whom a sample of any pesticide has been forwarded by an Inspector under sub-section (2) of section 17 shall deliver to the Inspector, in triplicate in the prescribed form, a signed report of the result of the test or analysis conducted by him.
 
 
 
 
(2) The Inspector shall deliver one copy of the report received by him to the person from whose possession the sample was taken and shall send one copy to the Government.
 
 
 
 
(3) Any document purporting to be a report signed by the Government Analyst of an analysis conducted by him under this Chapter shall be conclusive evidence of the particulars stated therein unless the person to whom the report has been delivered under sub-section (2) disputes the correctness of the analysis conducted by the Government Analyst and, within thirty days of the delivery of the report to him, places before the Government evidence which in his opinion controverts the correctness of such analysis.
 
 
(4) Where the evidence placed before the Government under sub-section (3) is such as would in its opinion justify a further investigation, it may cause a second part of the same sample to be analysed at the Pesticide Laboratory.
 
 
 
 
(5) After the sample forwarded to it by the Government has been analysed by the Pesticide Laboratory, the Laboratory shall record the result of the analysis in a certificate of analysis and forward the certificate to the Government.
 
 
 
 
(6) A certificate of analysis prepared by the Pesticide Laboratory shall be conclusive evidence of the facts stated therein.
Publication of results of test and analysis
19. The Government may publish in such manner as it may deem fit the result of the test and analysis of a pesticide made by a Government Analyst or the Pesticide Laboratory under section 18 together with such other information relating thereto, if any, as it may consider necessary.
Purchaser of pesticide may have it tested or analysed
20. (1) Any person who has purchased a pesticide may apply to a Government Analyst to conduct a test or analysis of the pesticide.
 
 
 
 
(2) An application under sub-section (1) shall be made in such form and manner and be accompanied by such fee as may be prescribed.
 
 
 
 
(3) The Government Analyst to whom an application is made in accordance with sub-section (2) shall conduct the test or analysis and issue to the applicant a report signed by him of the test or analysis.
 
 
 
 

  • 1
    The word “AGRICULTURE” was omitted by section 4 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983).
  • 2
    The word “Agriculture” was omitted by section 5 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 3
    The words “Government and” were substituted for the words “Central Government or a Provincial Government or” by section 10 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980
  • 4
    The proviso was omitted by section 10 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 5
    The word “the” was substituted for the word “that” by section 10 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 6
    The word “Government” was substituted for the words “Central Government or a Provincial Government” by section 11 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 7
    The word “Government” was substituted for the words “Central Government or a Provincial Government” by section 11 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
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Ministry of Law, Justice and Parliamentary Affairs