|
(Published
in the Bangladesh Gazette, Extraordinary, dated the 19th
July, 1977)
GOVERNMENT OF
THE PEOPLE’S REPUBLIC OF BANGLADESH
MINISTRY OF LAW
AND PARLIAMENTARY AFFAIRS
NOTIFICATION
Dhaka, the 19th
July, 1977
No.617-Pub. The following
Ordinance made by the President of the People’s Republic of
Bangladesh, on the 13th July, 1977, is hereby
published for general information:-
THE SEEDS ORDINANCE,
1977
Ordinance No.XXXIII of 1977
AN ORDINANCE to provide for
regulating the quality of certain seeds for sale and for matters
connected therewith
WHEREAS it
is expedient to provide for regulating the quality of certain
seeds for sale for matters connected therewith:
Now, THEREFORE, in pursuance of
the Proclamations of the 20th August, 1975, and the 8th
November, 1975, and in exercise of all powers enabling him in
that behalf, the President is pleased to make and promulgate the
following Ordinance:-
1. Short title- This
Ordinance may be called the Seed Ordinance, 1977.
2. Definitions- In this
Ordinance unless there is anything repugnant in the subject of
context.-
(a) “agriculture”
means food and fiber crop production and includes
horticulture;
(b) “Board”
means the National Seed Board constituted under sub-section (1)
of section-3;
(c) “Certification
Agency” means a Seed Certification Agency established under
section 8;
(d) “container”
means a box, bottle, tin, barrel, case, receptacle, sack, bag,
wrapper or other thing in which may article or thing is placed
or packed;
(e) “export”
means taking out of Bangladesh to a place outside Bangladesh;
(f) “import”
means bringing into Bangladesh from a place outside Bangladesh’
(g) “kind”
means one or more related species or sub-species or crop plants
each individually or collectively known by one common name, such
as cabbage, paddy and wheat;
(h) “notified
kind or variety” , in relation to any seed, means any kind or
variety thereof notified under section 5;
(i) “prescribed”
means prescribed by rules made under this Ordinance;
(j) “seeds”
means any of the following classes of seeds used for sowing or
planting-
(i) seeds
of food crops including edible oil seeds and seeds of fruits and
vegetables;
(ii) jute
seeds;
(iii) cotton
seeds;
(iv) seeds
or cattle fodder;
under includes seedlings, and
tubers, bulbs, rhizomes, root cutting, all types of grafts and
other vegetative propagated materials, of food crops or cattle
fodder;
(k) “Seed
Analyst” means a Seed Analyst appointed under Section 12;
(l) “Seed
Inspector”, means a Seed Inspector appointed under section 13;
(m) “Seed
Laboratory” means the Government Seed Laboratory established
or, as the case may be, declared under section4; and
(n) “Variety”
means a sub-division of a kind identifiable by growth, yields,
plant, fruit, seed or other characteristics.
3.National
Seed Board.- (1) The Government shall,
as soon as may be after the
commencement of this Ordinance,
constitute a Board to be called the National Seed Board to
advise the Government on matters arising out of the
administration of this Ordinance and to carry out the other
functions assigned to it by or under this Ordinance.
(2) The Board
shall consist of the following members, namely:-
(a) the
Secretary to the Government, Ministry of Agriculture
(Agriculture Division), ex-officio, who shall also be the
Chairman of the Board; and
(b) fifteen
persons to be appointed by the Government.
(3) The
members shall elect one person from amongst themselves to be the
Secretary of the
Board.
(4)
The Government shall, by
notification in the official Gazette, publish the names or
designations of all the members of the Board and thereupon the
Board shall be deemed to be constituted.
(5) The
Government shall, by notification in the official Gazette,
publish the names or designations of all the members of the
Board and thereupon the Board shall be deemed to be constituted.
(6) Members
of the Board shall, subject to the provisions of sub-sections
(7) and (8), hold office for a term of three years, and shall be
eligible for reappointment.
(7) The
Government may, at any time terminate the appointment of a
member of the Board without assigning any reasons .
(8) When
a member of the Board dies, resigns or otherwise ceases to be a
member, the vacancy shall be filled by fresh appointment and any
person so appointed shall hold office for the unexpired term of
his predecessor.
(9) No
person shall be, or shall continue to be, a member who-
(a)
is or at any time has been
convicted an offence which, in the opinion of the Government, is
an offence involving moral turpitude, or
(b)
is of unsound mind and stands so
adjudged by a competent court; or
(c)
is or has at any time been
adjudged insolvent; or
(d) absents
himself from three consecutive meetings of the Board without
leave of absence from the Chairman.
(10)
The Board may appoint one or more
committees consisting wholly of members of the Board or wholly
of other persons or partly of members of the Board and partly of
other persons, as it thinks fit, for the purpose of discharging
such of its functions as may be delegated to such committee or
committees by the Board.
(11) The
Board may, subject to the previous approval of the Government,
make by laws for regulating its own procedure and the procedure
of a committee appointed by it under sub section (10) and the
conduct of all business to be transacted by it or a committee.
(12) No
act or proceeding of the Board shall be invalid merely on the
ground of the existence of any vacancy in, or any defect in the
constitution of, the Board.
4. Government
Seed Laboratory.- The Government may
establish a seed laboratory to be
called the Government Seed
Laboratory or declare, by notification in the official Gazette,
any Seed Laboratory as the Government Seed Laboratory for the4
purposes of this Ordinance.
5. Power
to specify kinds or varieties of seeds.-
If the Government after consultation with the Board, is of
opinion that it is necessary or expedient to regulate the
quality of seed of any kind or variety to be sold and used for
the purposes of agriculture, it may, by notification in the
official Gazette, specify such kind or variety to be notified
kind or variety for the purposes of this Ordinance and different
kinds or varieties may be notified for different areas.
6. Power
to specify minimum limit of germination and purity, etc.-
After consultation with the Board, the Government may, by
notification in the official Gazette, specify-
(a)
The minimum limits
of germination and purity with respect to any seed of any
notified kind or variety;
(b) The
mark or label to indicate that such seed conforms at least to
the minimum limits of germination and purity specified under
clause (a) and the particulars which such mark of label may
contain.
7. Regulation
of sale of seeds of notified kinds or varieties.-
No agency or certified seed grower or certified
seller of seed shall carry on the business of selling, keeping
for sale, offering to sell, bartering or otherwise supplying any
seed of any notified kind or variety, unless-
(a)
Such seed is identifiable as to
its kind or variety;
(b)
Such seed conforms at least to the
minimum limits of germination and purity and the container of
such seeds bears, in the prescribed manner, the mark of label
containing the correct particulars thereof specified under
clauses 9a) and (b) of section 6; and (c) he complies with such
other requirements as may be prescribed.
8.
Seed
Certification Agency.- The Government
may, by notification in the official Gazette, establish a
Certification Agency to be called the Seed Certification Agency
to carry out the functions entrusted to it by or under this
Ordinance.
9. Grant
of certificate by the Certification Agency.-
(1) Any person selling,
keeping for sale, offering to sell, bartering or otherwise
supplying any seed of any notified kind or variety may, if he
desires to have such seed certified by the Certification Agency
for grant of a certificate for the purpose.
(2)
Every application
under such-section(1) shall be made in such form, shall contain
such particulars and shall be accompanied by such fees as may be
prescribed.
(3) On
receipt of any such application for the grant of a certificate,
the Certification Agency may, after such enquiry as it thinks
fit and after satisfying itself that the seed to which the
application relates conforms at least to the minimum limits of
germination and purity specified for that seed under clause (a)
of section 6, grant a certificate in such form and on such
conditions as may be prescribed.
10. Revocation
of certificate.- If the Certification
Agency is satisfied, either on a reference made to it in this
behalf or otherwise, that-
(a) the
certificate granted by it under section 9 has been obtained by
misrepresentation as to any essential fact, or
(b)
the holder of the certificate has,
without reasonable cause, failed to comply with the conditions
subject to which the certificate has been granted or has
contravened any of the provisions of this Ordinance or the rules
made there under
then, without prejudice to any other penalty to which the holder
of the certificate an opportunity of showing cause, revoke the
certificate.
11.
Appeal.-
(1) Any person aggrieved by a decision of the Certification
Agency under section 9 or section 10 may, within thirty days
from the date on which the decision is communicated to him and
on payment of such fees as may be prescribed, prefer an appeal
to such authority as may be specified by the Government in this
behalf:Provided that
the appellate authority may entertain an appeal after the expiry
of the said period of thirty days if it is satisfied that the
appellant was prevented by sufficient cause from filling the
appeal in time.
(2) On
receipt of an appeal under sub-section (1), the appellate
authority shall, after giving the appellant an opportunity of
being heard dispose of the appeal as expeditiously as possible.
(3)
Every order of the appellate
authority under this section shall be final.
12.
Seed
Analyst.- The Government may by
notification in the official Gazette, appoint such persons as it
thinks fit, having the prescribed qualifications, to be Seed
Analyst and define the areas within which they shall exercise
jurisdiction.
13. Seed
Inspectors.-
(1) The
Government may, by notification in the official Gazette, appoint
such persons as it thinks fit, having the prescribed
qualifications, to be Seed Inspectors and define the areas
within which they shall exercise jurisdiction.
(2) Every Seed Inspector shall be deemed to be a public servant
within the meaning of section 21 of the Penal Code (Act XLV of
1860) and shall be officially subordinate to such authority as
the Government may specify in this behalf.
14.
Powers of Seed Inspectors.- (1)
The Seed Inspector may-
(a) take
samples of any seed of any notified kind or variety from-
(i)
any person selling such seed; or
(ii) any
person who is in the course of conveying, delivering or
(iii) a
purchaser or a consignee after delivery of such seed to him;
(b)
send such sample for analysis to
the Seed Analyst for the area within which such sample has been
taken;
(c) exercise
such other powers as may be necessary for carrying out the
purposes of this Ordinance or any rule made there under.
(2) Where
any sample of any seed of any notified kind or variety is taken
under clause (a) of
sub-section (1), its cost, calculated at the rate at which such
seed is usually sold to the public, shall be paid on demand to
the person from whom it is taken.
(3) The
power conferred by this section includes power to break open any
container in which any seed of any notified kind or variety may
be contained or to break open the door of any premises where any
such seed may be kept for sale;
Provided that the power to break open the door shall be
exercised only after the owner or any other person in occupation
of the premises, if he is present therein, refuses to open the
door on being called open to do so.
(4) Where
the Seed Inspector takes any section under clause (a) of
such-section (1). he shall, as far as possible, call not less
than two persons to be present at the time when such action is
taken and take their signatures on a memorandum to be prepared
in the prescribed form and manner.
(5) The
provisions of the Code of Criminal Procedure, 1898 (Act V of
1898) shall, so far as may be, apply to any search or seizure
made this section as they apply to any search or seizure made
under the authority of a warrant issued under section 98 of the
said Code.
15.
Procedure
to be followed by Seed Inspectors.-
(1)Whenever a Seed Inspector intends to take sample of any seed
of any notified kind or variety for analysis, he shall-
(a) give
notice in writing, then and there, of such intention to the
person from whom he intends to take sample;
(b) except
in special cases provided by rules make under this Ordinance,
take three representative samples in the prescribed manner and
mark and seal or fasten up each sample in such manner as its
nature permits.
(2)
When samples of any seed of any notified kind or variety
are taken under sub- section(1), the Seed Inspector shall-
(a)
deliver one sample to the person from whom it has been taken;
(b)
send in the prescribed manner another sample for analysis to the
Seed Analyst for the area within which such sample has been
taken; and
(c) retain
the remaining sample in the prescribed manner for production in
case any legal proceedings are taken or for analysis by the Seed
Laboratory under sub-section (2) of section 16, as the case may
be.
(3) If the person from whom
the samples have been taken refuses to accept one of the
samples, the Seed Inspector shall send intimation to the Seed
Analyst of such refusal and thereupon the Seed Analyst receiving
the sample for analysis shall divide into two parts and shall
seal or fasten up one of those parts and shall cause it, either
upon receipt of the sample or when he delivers his report, to be
delivered to the Seed Inspector who shall retain it for
production in case legal proceedings are taken.
(4) Where
a Seed Inspector takes any action under clause (e) of
sub-section (1) of section 14.
(a) he
shall use all dispatch in ascertaining whether or not the seed
contravenes any of the provisions of section 7 and if it is
ascertained that the seed does not so contravene, forthwith
revoke the order passed under the said clause or, as the case
may be, take such action as may be necessary for the return of
the stock of the seed seized;
(b) if
he seized the stock of the seed, he shall, as soon as may be,
inform a Magistrate and take his orders as t the custody
thereof;
(c)
without prejudice to
the institution of any prosecution, if the alleged offence is
such that the defect may be removed by the possessor of the
seed, he shall, on being satisfied that the defect has been so
removed, forthwith revoke the order passed any record, register,
document or any other material object under clause (d) of
sub-section(1) of section 14, he shall, as soon as may be,
inform a Magistrate and take his orders as to the custody
thereof.
16.
Report of Seed Analyst.-
(1) The seed Analyst shall, as soon as may be, after the receipt
of the sample under sub-section (2) of section 15, analyze the
sample at the sample at the Seed Laboratory and deliver, in such
form as may be prescribed, one copy of the report of result of
the analysis to the Seed Inspector and another copy thereof to
the person from whom the sample has been taken.
(2) After
the institution of a prosecution under this Ordinance the
accused may, on payment of the prescribed fee, make and
application to the court for sending any of the samples
mentioned in clause (a) of clause (c) of sub-section(2) of
section 15 to the Seed Laboratory for its report and on receipt
of the application, the court shall first ascertain that the
mark and the seal or fastening as provided in clause (b) of
sub-section (1) of section 15 are intact and may then dispatch
the sample under its own seal to the Seed Laboratory which shall
thereupon send its report to the court in the prescribed form
within one month from the date of receipt of the sample,
specifying the result of the analysis.
(3) The
report sent by the Seed Laboratory under sub-section (2), shall
supersede the report given by the Seed Analyst under sub-section
(1).
(4) Where
the report sent by the Seed Laboratory is produced in any
proceedings, it shall not be necessary to produce in such
proceedings any sample or part thereof taken for analysis.
17.
Import and Export
of Seeds.- No person shall export or import or cause to be
exported or imported any seed of any notified kind or variety
unless it conforms at least to the minimum limits of germination
and purity and the container of such seeds bears, in the
prescribed manner, the mark or label containing the correct
particulars thereof specified for that seed under section:6.
18.
Recognition of
seed certification agencies of foreign countries.- On the
recommendation of the Board, the Government may, by notification
in the official Gazette, recognize any seed certification agency
established in any foreign country of the purposes of this
Ordinance.
19. Penalty.- If any person contravenes any provision of
this Ordinance or any rule make there under, or prevents a Seed
Inspector from taking sample under this Ordinance or prevents
him from exercising any other power conferred on him by or under
this Ordinance, he shall, on conviction, be punishable-
(a) for
the first offence, with fine which may extend to Taka five
hundred; and
(b)
in the event of such
person having been previously convicted of an offence under this
section, with imprisonment for a term not more than thirty days
and fine which may extend to Taka one thousand.
20. Forfeiture of property.- When any person has been
convicted under this Ordinance for the contravention of any of
the provisions of this Ordinance or the rules make there under,
the seed in respect of which be contravention has been committed
may, if the court so orders, forfeited to the Government.
:.21. Offence by companies.- (1) Where an offence under this
Ordinance has been committed by a company, every person who at
the time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of
the company as well as the company shall be deemed to be guilty
of the offence and shall be liable to the proceeded against and
punished accordingly;
Provided that nothing contained in this such-section shall
render any such person liable to any punishment under this
Ordinance if the proves that the offence was committed without
his knowledge or that be exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding
anything contained in sub-section (1) where an offence under
this Ordinance has been committed by a company and it is proved
that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of,
any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer
shall be liable to the proceeded against and punished
accordingly.
Explanation.- For the purposes of this section,-
(a) “company”
means anybody corporate and includes a firm or other association
of individuals; and
(b) “director”
in relation to a firm, means partner in the firm.
22.
Protection of action taken in
good faith.- No suit, prosecution or other legal proceeding
shall lie against the Government or any officer of the
Government for anything which is in good faith done or intended
to be done under this Ordinance.
23. Power to make rules.- (1) The Government may, by
notification in the official Gazette, make rules to carry out
the purposes of this Ordinance.
(2) In
particular , and without prejudice to the generality of the
foregoing power, such rules may provide for –
(a)
the functions of
the Board and the traveling and daily allowances payable to
members of the Board and of the committee;
(b) the
functions of the Seed Laboratory;
(c) the
functions of the Certification Agency;
(d) the
manner of marking or labeling the container of seed of any
notified kind or variety;
(e) the
requirements which may be complied with by a person carrying on
the business referred to in section 7;
(f) the
form of application for the grant of a certificate under section
9. the particulars it may contain, the fees which shall
accompany it, the form of the certificate and the conditions
subject to which the certificate may be granted;
(g) the
form and manner in which and the fee on payment of which an
appeal may be preferred under section 11 and the procedure to be
followed by the appellate authority in disposing of the appeal;
(h) the
qualifications and duties of Seed Analysts and Seed Inspectors;
(i) the
manner in which samples may be taken by the Seed Inspectors, the
procedure for sending such samples to the Seed Inspectors, the
procedure for sending such samples to the Seed Analysis or the
Seed Laboratory and the manner of analyzing such samples;
(j) the
form of report of the result of the analysis, and the fees
payable in respect of such report;
(k) the
records to be maintained by a person carrying on the business
referred to in section 7 and the particulars which such records
shall contain; and
(l) any
other matter which is to be or may be prescribed.
ZIAUR
RAHMAN, BU,
DACCA
psc
The 13th July,
1977 MAJOR
GENERAL
President
A. K.
TALUKDAR
Deputy Secretary
|
