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25/07/2024
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 IV

MISCELLANEOUS

Offences and penalties
21. Any person who-
 
 
(a) sells, offers or exposes for sale, holds in stock for sale or advertises a registered brand of a pesticide which is not of the nature, substance or quality which it is represented to be by the brand or mark on the package containing it or, as the case may be, on the tag or label attached thereto; or
 
 
(b) falsely represents a pesticide in an advertisement; or
 
 
(c) contravenes any of the provisions of this Ordinance or the rules for the contravention of which no other penalty is provided in this Ordinance,
 
 
shall be punishable, for the first offence, with fine which may extend to 1[ fifty thousand] Taka and for every subsequent offence with fine which shall not be less than 2[seventy five thousand]Taka or more than 3[one lac] Taka and in default of payment of any such fine with imprisonment for a term which may extend to 4[two years.]
Manufacturer’s warranty to dealers
22. Whoever gives false warranty to a dealer or purchaser in respect of a pesticide, that it complies in all respects with the provisions of this Ordinance shall, unless he proves that when he gave the warranty he had good reason to believe the same to be true, be punishable with fine which may extend to 5[fifty thousand ]Taka.
Unlawful use of registration number, lowering of pesticidal value or hindering the Inspector from performing his duty
23. Any person who-
 
 
(a) unlawfully uses any registration number assigned or as if it had been assigned under this Ordinance, or
 
 
(b) wilfully alters the composition of a pesticide by mixing any other substance therewith after the said pesticide has been placed on the market by the manufacturer, importer or vendor, or
 
 
(c) wilfully obstructs, hinders, resists, or in any way opposes any Inspector in performing his duties under this Ordinance . 6[or
 
 
(d) gives any false statement during registration (prior and after) will get no scope for further registration, and ]
 
 
shall be punishable with fine which shall not be less than 7[seventy five thousand] Taka or more than 8[one lac] Taka or with imprisonment for a term which shall not be less than one year or more than two years.
Entry and seizure
24. (1) If an Inspector has reason to believe that an offence punishable under this Ordinance or the rules made thereunder has been, is being or is about to be committed at any time or place, he may enter and search such place and seize any pesticide, article or thing to which the offence relates found therein.
 
 
(2) Any pesticide, article or thing seized under sub-section (1) shall be disposed of in accordance with the decision of the Court before which the offender is prosecuted for a contravention of any of the provisions of this Ordinance or the rules.
Power of Court to order forfeiture
25. If any person is convicted of an offence punishable under this Ordinance committed by him in respect of any pesticide, article or thing, the Court convicting him may further direct that the pesticide, article or thing shall be forfeited to the Government.
Cognizance of offences, etc.
26. (1) No Court inferior to that of a Magistrate of the first class shall try an offence punishable under this Ordinance.
 
 
 
 
(2) Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Magistrate of the first class to pass any sentence authorised by this Ordinance even if such sentence exceeds his powers under the said section 32.
Power to try offences summarily
27. Any Magistrate of the first class or any bench of Magistrates invested with the powers of a Magistrate of the first class empowered for the time being to try in a summary way the offences specified in sub-section (1) of section 260 of the Code of Criminal Procedure, 1898, may, on application in this behalf being made by the prosecution, try in accordance with the provisions contained in sections 262 to 265 of that Code, any offence punishable under section 21.
Indemnity
28. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Ordinance or the rules.
Power to make rules
29. (1) The Government may, in consultation with the 9[* * *] Pesticide Technical Advisory Committee and after previous publication in the official Gazette, make rules for carrying the provisions of this Ordinance into effect.
 
 
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide all or any of the following matters, namely:-
 
 
 
 
(a) the nomenclature of every form of plant and animal life that shall be deemed to be insects, fungi or other plant or animal pests;
 
 
 
 
(b) the form in which an application for the registration of a brand of a pesticide or for the renewal of registration shall be made, the information that shall be furnished therewith and the fee that shall accompany it;
 
 
 
 
(c) the procedure for the grant of certificates of registration of brands of pesticides and renewal of such registration and the form of such certificates;
 
 
 
 
(d) the language of the tags or label to be attached to the containers and packages containing pesticides and the character and location of the printing to be marked on such tags, labels and containers;
 
 
 
 
10[(dd) the form in which an application for licence or for its renewal shall be made, the information that shall be furnished therewith and the fee that shall accompany it; and the fee for preferring an appeal against an order of suspension or cancellation of licence;]
 
 
 
 
(e) the functions of the Pesticides Laboratory and the procedures to be followed by it in the performance of such functions, including-
 
 
 
 
(i) safeguarding of the secrecy of the formulae of any brands of pesticides disclosed to it;
 
 
 
 
(ii) collection of samples of pesticides for test or analysis; and
 
 
 
 
(iii) the form in which its reports of tests or analysis shall be written;
 
 
 
 
(f) the methods of analysis to be followed and the limits of variability to be allowed, by the Government Analyst as between the information marked on the container or on a label attached thereto or supplied to the purchaser when sold in bulk, and the results of the analysis;
 
 
(g) the qualifications and duties of the Government Analysts;
 
 
 
 
(h) the form in which an intimation of the purpose for which a sample is taken by an Inspector shall be given by him to the person from whose possession the sample is taken, the instruments to be employed, and the quantities to be taken, by an Inspector while taking samples for test or analysis and the manner in which they should be preserved and sent to the Government Analyst and the Government;
 
 
 
 
(i) the form in which an application shall be made by the purchaser of a pesticide to a Government Analyst for test or analysis of the pesticide, the manner in which a purchaser may send a pesticide for test or analysis to the Government Analyst, the information that shall be furnished with such application and the fee that shall accompany it;
 
 
 
 
(j) the pesticides that are generally detrimental or injurious to vegetation, domestic animals or public health even when used according to directions;
 
 
 
 
(k) the pesticides that are to be labelled “Poison” and their antidotes;
 
 
 
 
(l) the requirements for the safe storage of pesticides;
 
 
 
 
(m) the quantities of different brands of pesticides which a person may hold in stock at any one time and the premises in which, and the conditions subject to which, he may hold them in stock;
 
 
 
 
(n) the precautions for the protection of workers against risk of poisoning by pesticides arising from their working-
 
 
 
 
(i) in connection with the use of such pesticides 11[* * *]; or
 
 
 
 
(ii) on land on which such pesticides are being or have been used 12[* * *];
 
 
(o) the restrictions or conditions as to the purposes for which, the circumstances in which, or the methods or 13[equipments for application] by which, a pesticide may be used;
 
 
 
 
(p) the restrictions or conditions involving a general prevention or limitation of the use of any pesticide 14[* * *];
 
 
 
 
(q) the provision, and keeping available and in good order, of facilities for washing and cleaning and of other things needed for protecting persons, clothing, equipment and appliances from contamination with pesticides or for removing sources of contamination therefrom;
 
 
 
 
(r) the observance of precautions against poisoning by pesticides including the use of things provided in pursuance of the rules, and abstentions from eating, drinking and smoking in circumstances involving risk of poisoning by pesticides;
 
 
 
 
(s) intervals between, or limitations of, periods of exposure to risk of poisoning by pesticides;
 
 
 
 
(t) the observance of special precautions in the case of persons who, by reason of their state of health, age, or other circumstances, are subject to particular risk of poisoning by pesticides or of injury therefrom, or imposing, in case of persons so subject, prohibitions or restrictions on employment of workers;
 
 
 
 
(u) the measures for detecting and investigating cases in which poisoning by pesticides has occurred;
 
 
 
 
(v) the provisions of effective facilities for prevention of poisoning by pesticides and first aid treatment; and
 
 
 
 
(w) the provision of instruction and training in the use of things provided in pursuance of the rules and in the observance of precautions against poisoning by pesticides.
[Omitted.]
30. [Delegation of powers.- Omitted by section 13 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980).]
 
 

  • 1
    The words " fifty thousand " were substituted for the words " one thousand " by section 4 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 2
    The words " seventy five thousand " were substituted for the words " tow thousand " by section 4 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 3
    The words " one lac " were substituted for the words " three thousand " by section 4 of the Pesticides (Amendment) Act,2009 (Act No. LVII of 2009).
  • 4
    The words " two years " were substituted for the words " one year " by section 4 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 5
    The words "fifty thousand" were substituted for the words "one thousand" by section 5 of the Pesticides (Amendment) Ordinance, 2009 (Act No. LVII of 2009).
  • 6
    The word " or " was added at the end of clause (c) and thereafter clause (d) was inserted by section 6 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 7
    The words " seventy five thousand " were substituted for the words " two thousand and five hundred " by section 6 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 8
    The words " one lac " were substituted for the words " five thousand " by section 6 of the Pesticides (Amendment) Act, 2009 (Act No. LVII of 2009).
  • 9
    The word “Agriculture” was omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 10
    Clause (dd) was inserted by section 12 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 11
    The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 12
    The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
  • 13
    The words “equipments for application” were substituted for the word “means” by section 12 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980)
  • 14
    The words “in agriculture” were omitted by section 6 of the Agricultural Pesticides (Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983)
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Ministry of Law, Justice and Parliamentary Affairs