The Pesticides Ordinance, 1971
An Ordinance to regulate the import, manufacture, formulation, sale, distribution and use of pesticides1
An Ordinance to regulate the import, manufacture, formulation, sale, distribution and use of pesticides1 WHEREAS it is expedient to regulate the import, manufacture, formulation, sale, distribution and use of pesticides and for matters ancillary thereto; [* * *] NOW, THEREFORE, in pursuance of the Proclamation of the 25th day of March, 1969, read with the Provisional Constitution Order, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
Section 1. Short title, extent and commencement
(1) This Ordinance may be called the 2* * * Pesticides Ordinance, 1971.
(2) It extends to the whole of Bangladesh.
(3) It shall come into force at once.
Section 2. Application of other laws not barred
The provisions of this Ordinance shall be in addition to, and not in derogation of, the provisions of the Poisons Act, 1919, and any other law for the time being in force.
Section 3. Definitions
In this Ordinance, unless there is anything repugnant in the subject or context, the expression-
4(mm) “Person” means importer, manufacturer, formulator, repacker, vendor or stock holder, wholesaler and retailer of pesticides but does not include farmer or end user;
Section 4. Pesticides to be registered
No person shall import, manufacture, formulate, 6repack, sell, offer for sale, hold in stock for sale or in any manner advertise any brand of pesticide which has not been registered in the manner hereinafter provided.
Section 5. Application for registration of pesticide
(1) Any person intending to import, manufacture, formulate, 7repack, sell, offer for sale, hold in stock for sale or advertise any brand of a pesticide may apply to the Government for the registration of the brand under such name as he may indicate in the application.
(2) An application under sub-section (1) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed.
(3) Where the person making an application under sub-section (1) is not domiciled in Bangladesh, the application shall, besides such person, be signed by his agent or representative in Bangladesh.
(4) Upon the receipt of an application under sub-section (1), the Government may register a brand of a pesticide by the name indicated in the application, if it is satisfied that-
(5) When it registers a brand of a pesticide on the application of any person, the Government shall grant to him a certificate of registration in such form as may be prescribed.
Section 6. Period for which registration shall be effective
The registration of a brand of a pesticide shall be effective from the date of its registration until the thirtieth day of June of the third year following the year of registration.
Section 7. Cancellation of registration
If, at any time after the registration of the brand of a pesticide, the Government is of opinion that the registration has been secured in violation of any of the provisions of this Ordinance or the rules or that the pesticide is ineffective against pests or hazardous to vegetation, other than weeds, or to human or animal life, the Government may, after giving to the person on whose application it had been registered an opportunity of being heard, cancel the registration.
Section 8. Renewal of registration
(1) The Government may, on the application of the importer, manufacturer, formulator, 8re-packer, vendor or stock-holder of a registered brand of a pesticide in the guarantee or ingredients of which no change has taken place since the date of its registration, renew the registration of the brand for a further period of three years.
(2) An application under sub-section (1) shall be in such form and be accompanied by such fee as may be prescribed and shall be made before the expiration of the period for which the registration of the brand to which it relates is effective.
9(3) An application for the renewal of registration shall be made at least thirty days before its expiry.
(4) The renewal of registration certificate will be issued within ninety days after receiving the application.
Requirement of licence
108A. (1) Any person may, after obtaining a licence granted by the licensing authority, import, manufacture, formulate, repack, sell, offer for sale, hold in stock for sale, involve in pest control operation on commercial basis or advertise in any manner any brand of registered pesticide.
(2) Any person intending to import, manufacture, formulate, repack, sell, offer for sale, hold in stock for sale, involve in pest control operation on commercial basis or advertise any brand of registered pesticide may apply for a licence to the licensing authority.
(3) An application under sub-section (2) shall be in such form, be accompanied by such fee and contain such statements and information as may be prescribed.
(4) A licence granted under this section shall be in such form and subject to such conditions as may be prescribed.
(5) A licence granted under this section shall, unless suspended or cancelled under sub-section (6), remain valid for a period of two years from the date of issue of the licence and may, on payment of such fees as may be prescribed, be renewed for a like term.
(6) The licensing authority shall have power to suspend or cancel the licence:
Provided that no licence shall be suspended or cancelled without giving the licensee an opportunity of showing cause and of being heard in person.
(7) Any licensee aggrieved by an order of the licensing authority under sub-section (6) may, within sixty days from the date of the order and on payment of such fee as may be prescribed prefer an appeal to the Government whose decision in the matter shall be final.
(8) In this section, the expression “licensing authority” shall mean such authority as may be prescribed.
Section 9. Importation may be prohibited
If any pesticide imported into Bangladesh is found to be adulterated or incorrectly or misleadingly tagged, labelled or named, or if its sale in any way contravenes any of the provisions of this Ordinance, the Government may, by notification in the official Gazette, prohibit the further import of the pesticide into Bangladesh.
Section 10. Labelling of packages
No person shall sell or offer or expose for sale, or advertise or hold in stock for sale any pesticide unless each package containing the pesticide, and every tag or label durably attached thereto, is branded or marked in printed characters in such form and in such manner as may be prescribed.
Power to fix maximum price of pesticides, etc.
1110A. (1) The Government may, by notification in the official Gazette, fix-
(2) The Government may, for the purpose of sub-section (1), require a licensee to furnish such information as may be necessary.
Section 11. Storage and use of pesticides
No person shall store or use any pesticide save in accordance with rules made under this Ordinance.
Section 12. The agriculture Pesticide Technical Advisory Committee
(1) As soon as may be after the commencement of this Ordinance, the Government shall constitute a committee, to be called the 13* * * 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 14Government and persons representing trade and industry engaged in pesticide business, as the Government may appoint:
15* * *
(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 16the 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.
Section 13. Pesticide Laboratory
(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.
Section 14. Government Analyst
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.
Section 15. Inspectors
The 17Government may, by notification in the official Gazette, appoint from amongst the officers of the 18Government 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.
Section 16. Powers of Inspectors
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.
Section 17. Procedure of Inspectors
(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:-
Section 18. Report of Government Analyst
(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.
Section 19. Publication of results of test and analysis
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.
Section 20. Purchaser of pesticide may have it tested or analysed
(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.
Section 21. Offences and penalties
Any person who-
shall be punishable, for the first offence, with fine which may extend to 19 fifty thousand Taka and for every subsequent offence with fine which shall not be less than 20seventy five thousandTaka or more than 21one lac Taka and in default of payment of any such fine with imprisonment for a term which may extend to 22two years.
Section 22. Manufacturer’s warranty to dealers
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 23fifty thousand Taka.
Section 23. Unlawful use of registration number, lowering of pesticidal value or hindering the Inspector from performing his duty
Any person who-
shall be punishable with fine which shall not be less than 25seventy five thousand Taka or more than 26one lac Taka or with imprisonment for a term which shall not be less than one year or more than two years.
Section 24. Entry and seizure
(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.
Section 25. Power of Court to order forfeiture
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.
Section 26. Cognizance of offences, etc.
(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.
Section 27. Power to try offences summarily
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.
Section 28. Indemnity
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.
Section 29. Power to make rules
(1) The Government may, in consultation with the 27* * * 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:-
28(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;
Section 30. [Omitted.]
[Delegation of powers.- Omitted by section 13 of the Agricultural Pesticides (Amendment) Act, 1980 (Act No. V of 1980).]