AGRICULTURAL PESTICIDES ORDINANCE, 1971

(II OF 1971)
CONTENTS

1. Short title, extent and Commencement

2. Application of other laws not barred
3. Definitions
4. Pesticides to be registered
5. Application for registration of Pesticides
6. Period for which Registration shall be effective
7. Cancellation of Registration
8. Renewal of Registration
9. Importation may be prohibited
10. Labelling of Packages
11. Storage and use of Pesticides
12. The Agriculture Pesticide Technical Advisory Committee
13. Pesticide Laboratory
14. Govt. Analyst
15. Inspectors
16. Powers of Inspectors
17. Procedure of Inspectors
18. Report of Govt. Analyst
19. Publication of Results of Tests and Analysis
20. Purchaser of Pesticide may have it tested or analyzed
21. Offences and Penalties
22. Manufacturer's Warranty to Dealers
23. Unlawful use of Registration Number, Lowering Pesticidal Value or Hindering
the Inspector from Perform his Duty
24. Entry & Seizure
25. Power of Court to Order for Forfeiture
26. Cognizance of Offence etc
27. Power to try offence summarily Act-V of 1898
28. Indemnity
29. Power to make rules
30. Delegation of Powers
 TEXT
AGRICULTURAL PESTICIDES ORDINANCE, 1971
(II OF 1971)
[25th January, 1971]
An
Ordinance
to regulate the import, manufacture, formulation, sale, distribution and use of Pesticides.
WHEREAS it is expedient to regulate the import, manufacture, formulation, sale,
distribution and use of pesticides and for matters ancillary there to:
AND WHEREAS the national interest of Pakistan in relation to the achievement of
uniformity requires Federal Legislation in the matter.
th
NOW, THEREFORE, in Pursuance of the proclamation of the 25 day of March,
1969, read with the Provincial Consultation Order and in exercise of all powers enabling
him in that behalf, the President is pleased to make and promulgate the following
Ordinance:-
CHAPTER – I
INTRODUCTORY
1. Short title, extent and commencement.— (1) The Ordinance may be called the
Agricultural Pesticides Ordinance, 1971.
(2) It extends to the whole of 1[the Punjab].
(3) It shall come into force at once.
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.
3. Definitions.— In this Ordinance, unless there is anything repugnant in the subject or
context, the expression:
(a) “Adulterated” [in relation to a pesticide means a pesticide with which spurious,
deleterious or harmful substance has been mixed or which is wholly or mainly
ineffective for the purpose for which it is intended]2
(b) “advertise” means to make known by publication or distribution of any
advertisement, circular of other notice.
(c) [*****]3
(d) “committee” means the Agriculture Pesticide Technical Advisory Committee
constituted under this Ordinance;
(e) “formulation” means the process by which a pesticide is converted, by mixing
with other substance, into a form in which it is ready to be used;
(f) “fungi” means all rusts, smuts, mildews, moulds, yeasts, and similar forms of
plant life prescribed in this behalf and includes bacteria affecting plant life;
4
(ff) “Government” means Government of the Punjab;
(g) “Government analyst” means a Government Analyst appointed under this
Ordinance;
(h) “Guarantee” means the statement indicating the strength, effectiveness and
other qualities [*****]5 of a pesticide which an importer, manufacturer,

1
The word “Pakistan” is substituted as the words “the Punjab” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
2
Amended vide Act No. XXXIX of 1997
3
Amended vide Ordinance No. XXXVII of 1991and Act No. XIX of 1992
4
Clause (ff) is inserted by the Punjab Agricultural Pesticides (Amendment) Act, 2012 (XXV of 2012).
5
Amended vide Ordinance No. XXXVII of 1991and Act No. XIX of 1992
 formulator, vendor or person holding stock for sale [*****] 6 of a pesticide is
required to submit under the rules at the time of applying for the registration of
the [pesticide]7;
(i) “inspector” means an Inspector appointed under this Ordinance;
(j) “ingredient” means any material used in making a pesticide;
(k) “insect” means any of the small invertebrate animals commonly known as
insects and includes such forms of animal life as may be prescribed;
(l) “label” means the written, printed or graphic matter on, or attached to, a
pesticide or the immediate container thereof, and the outside container or
wrapper of the retail package, if any, of the pesticide;
(m) “package” includes every container;
(n) “pesticide” means any substance or mixture of substances used or
represented as means for preventing, destroying, repelling, mitigating or
controlling, directly or indirectly, any insect, fungus, bacterial organisms,
nematodes, virus, weed, rodent or other plant or animal pests; but does not
include a substance which is a ‘drug’ within the meaning of the Drugs Act,
1940. (XXIII of 1940);
(o) “prescribed” means prescribed by rules made under this Ordinance;
(p) “registered” means registered under this Ordinance;
(q) “registration number” means a specific number assigned by the 8[Government]
to each registered [*****]9 pesticide;
(r) “rules” means rules made under this Ordinance;

(rr) [“sub standard” when used with reference to a pesticide, means any pesticide
the strength or purity of which fall below the professed standard or quality
which is expressed on its label or under which it is sold or a pesticide any
valuable ingredient of which has been wholly or partially extracted; and] 10;

(s) “weed” means any plant which grows where not wanted.

CHAPTER – II
IMPORT, MANUFACTURE, FORMULATION, SALE, DISTRIBUTION AND USE OF
PESTICIDES
4. Pesticides to be registered.— [No person shall import, manufacture, formulate, sell,
offer for sale, hold any stock for sale or in any manner advertise any pesticide which has not
been registered in the manner provided by this Act or the rules framed thereunder:

provided that the 11[Government] may, by notification in the official gazette directed that the
pesticide specified in the notification and not having a trade name will be imported only by a
class or classes of importer as specified; except a pesticide having a trade name and
registered in the country of manufacture which may be imported without undergoing the
registration process but subject to the conditions notified from time to time by the
12
[Government]

6
Amended vide Ordinance No. XXXVII of 1991and Act No. XIX of 1992
7
Amended vide Ordinance No. XXXVII of 1991and Act No. XIX of 1992
8
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides (Amendment)
Act, 2012 (XXV of 2012).
9
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992
10
Amended vide Act No. XXXIX of 1997
11
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
12
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
5. Application for registration of Pesticides.— (1) Any person intending to import,
manufacture, formulate, sell, offer for sale, hold in stock for sale or advertise any
[*****]13 pesticide may apply to the 14[Government] for the registration of the (pesticide)15
under such name as he may indicate in the application.
(2) An application under sub-section (I) 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 Pakistan, the application shall, besides such person, be signed by his agent or
representative in Pakistan.
(4) Upon the receipt of an application under sub-section (1) the 16[Government]
may register a [*****]17 pesticide by the name indicated in the application, if it is satisfied that:
(a) the [name of the pesticide]18 is not such as would tend to deceive or mislead
the purchaser with respect to the guarantee relating to the pesticide or its
ingredients or the method of its preparation; or
(b) the guarantee relating to the pesticide or its ingredients is not the same as that
of an other registered [pesticide]19 [by the same manufacturer]20 or is not so
similar thereto as be likely to deceive; or.
(c) it is effective for the purpose for which it is sold or represented to be effective;
or
(d) it is not generally detrimental or injurious to vegetation, except weeds, or to
human or animal health even when applied according to directions.
(5) When it registers a [*****] 21 pesticide on the application of any person, the
22
[Government] shall grant to him a certificate of registration in such form as may be
prescribed.
6. Period for which Registration shall be effective.— The registration of a [*****]23
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.
7. Cancellation of Registration.— If, at any time after the registration of [*****]24 a
pesticide, the 25[Government] is of opinion that the registration has been secured in violation
of any of the provision of this Ordinance or the rules or that the pesticide is ineffective
against pests or hazardous to vegetation, other than weed, or to human or animal life, the
26
[Government] may, after giving to the person on whose application it has been registered
an opportunity of being heard, cancel the registration.
8. Renewal of Registration.— (1). The 27[Government] may, on the application of the
importer, manufacturer, formulator, vender or stock-holder of a registered [*****]28 pesticide

13
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
14
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
15
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
16
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
17
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
18
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
19
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
20
Amended vide Ordinance No. XII of 1979
21
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
22
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
23
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
24
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
25
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
26
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
27
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
28
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
in the guarantee of ingredients of which no change has taken place since the date of its
registration, renew the registration of the [pesticide]29 for a further period of three years.
(2). An application under sub-section (I) 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 [pesticide]30 to which it relates is effective.
9. Importation may be prohibited.— If any pesticide imported into Pakistan is found to
be adulterated or incorrectly or misleadingly tagged, labeled or named, or if its sale in any
way contravenes any of the provisions of this Ordinance, the Federal Govt. may, by
notification in the official Gazzette, prohibit the further import of the pesticide into
Pakistan.
10. Labelling of Packages.— (1). 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 [*****]31 marked in printed
characters in such form and in such manner as may be prescribed.
(2) (Any dealer wholeseller, retailer or an agent who has been convicted of not
less than two offences under this Ordinance shall be black listed by the importer,
manufacturer, distributor or formulator of the pesticide in question) 32
11. Storage and use of Pesticides.— No person shall store or use any pesticide
save in accordance with rules made under this Ordinance.
CHAPTER III
THE AGRICULTURE PESTICIDE TECHNICAL ADVISORY COMMITTEE ETC.
12. The Agriculture Pesticide Technical Advisory Committee.— (1) As soon as may
be after the commencement of this Ordinance, the Federal Government shall constitute
a committee , to be called Agriculture Pesticide Technical Advisory Committee (APTAC), to
advise the 33[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.
34
(2) The Committee shall consist of a Chairman and such number of Vice-Chairmen and other
members, being officers of the Government or persons representing trade and industry engaged in
pesticide business as the Government may appoint
Provided that no officer of a Provincial Govt. and no person representing trade
and industry so engaged in a province shall be appointed otherwise than on the
recommendation of the Government of the Province concerned.
(3) The names of Chairman, the Vice-Chairman and the other members of the
Committee shall be published in the official Gazette.
(4) The 35[Government] shall appoint one of the members of the Committee, being
an officer of 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 reappointment.
(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 such member shall not be
deemed to have fallen vacant unless the resignation has been accepted by the
Chairman with previous approval of the 36[Government].
(7) A person appointed to fill a vacancy created by the resignation or death
of a member shall hold office for the residue of the term of his predecessor.
29
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
30
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
31
. Amended vide Act No. XXXIX of 1997. APTAC=Agriculture Pesticides Technical Advisory Committee
32
. Amended vide Act No. XXXIX of 1997. APTAC=Agriculture Pesticides Technical Advisory Committee
33
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
34
Section 12, sub-section (2) is substituted by the Punjab Agricultural Pesticides (Amendment) Act, 2012
(XXV of 2012).
35
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
36
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
 (8) The functions of the Committee may be exercised not with-standing any
vacancy in the membership thereof.
(9) The Committee shall have the power to regulate with prior approval of the
37
[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.
13. Pesticide Laboratory.— . (1). As soon as may be after the commencement of this
Ordinance, the 38[Government] shall set up a Pesticides Laboratory [or, in consultation with
the provincial government, declare a provincial laboratory as pesticide laboratory which may
be]39 suitably equipped to carry out the functions entrusted to it by or under this ordinance.

(2) The functions of the Pesticides 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 formula of [*****]40 pesticides, samples of which are
submitted to the pesticides Laboratory for analysis or test, shall be duly safeguarded in the
manner prescribed.

14. Govt. Analyst.— The 41[Government] may, by notification in Govt. 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 Govt. Analysts, shall specify in the
notification the local limits within which each one of them shall perform the functions of
Government Analyst.
15. Inspectors.— The 42[Government] may, by notification in the official Gazette, appoint
from amongst the officers of the 43[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 notifications.
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.
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 of person (unless he willfully 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
37
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
38
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
39
Amended vide Act No. XIX of 1992.
40
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992.
41
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
42
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
43
The words “Federal Government or a Provincial Government” are substituted by the word “Government” by the Punjab
Agricultural Pesticides (Amendment) Act, 2012 (XXV of 2012)
 test or analysis and
(ii) he shall send the second portion or container to the 44[Government].
18. Report of Govt. Analyst.— (1). The Government Analysts 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
45
[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 Govt.
Analyst and, within thirty days of the delivery of the report to him, places before the Federal
Government evidence which in his opinion controverts the correctness of such analysis.
(4) Where the evidence placed before the 46[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 analyzed at the Pesticides Laboratory.
(5) After the sample forwarded to it by the 47[Government] has been analyzed by
the Pesticide Laboratory, the laboratory shall record the result of the analysis in a certificate
of analysis and forward the certificate to the 48[Government].
(6) A certificate of analysis prepared by the Pesticide Laboratory shall be
conclusive evidence of the facts stated therein.
19. Publication of Results of Tests and Analysis.— The 49[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.
20. Purchaser of Pesticide may have it tested or analyzed.— (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.
CHAPTER IV
MISCELLANEOUS
21. Offences and Penalties.— (1). [Any person who imports, manufactures, formulates,
sells, offers or exposes for sale, holds in stock for sale or advertise for sale an
adulterated or sub-standard pesticide shall be guilty of an offence.

(2) The person guilty of an offence under sub-section (1) shall be punished:-

(a) In the case of an adulterated pesticides, in relation to a first offence with

imprisonment for a term which shall not be less than one year or more than
three years and with fine amounting to five hundred thousand rupees and for
44
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
45
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
46
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
47
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
48
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
49
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
 every, subsequent offence with imprisonment for a term which shall not be
less than two years or more than three years and with fine which shall not be
less than five hundred thousand rupees or more than one million rupees; and

(b) In the case of a sub-standard pesticide, in relation to a first offence with

imprisonment for a term which shall not be less than six months or more than
two years and with fine which may extend to five hundred thousand rupees
and for every subsequent offence with imprisonment which may extend to
three years and with fine but shall not be less than the punishment given for
the first offence.]50

21.A Punishment for offences not provided for in Section 21 [Any person who
contravenes any of the provisions of this Ordinance or the rules for the contravention of
which no other punishment is provided in this ordinance, shall be punishable with fine
which may extend to one hundred thousand rupees.]51
22. Manufacturer's Warranty to Dealers.— [whoever gives a false warranty to a dealer
or purchaser in respect of adulterated or sub-standard pesticide shall, unless he proves that
when he gave the warranty he had good reasons to believe the same to be true, be guilty of
an offence punishable in the same manner and to the same extent as provided for under
section 21]52
23. Unlawful use of Registration Number, Lowering Pesticide Value or Hindering
the Inspector from Performing his Duty.— Any person who:
(a) unlawfully uses any registration number assigned or as if it had been assigned
under this ordinance, or
(b) willfully 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) willfully obstructs, hinders, resists, or in any way opposes any Inspector
in performing his duties under this ordinance shall be punishable

(i) [in the case of an offence under clause (a) or (b) with imprisonment for
a term which shall not be less than two years or more than three years
and with fine which may extend to one million rupees; and] 53

(ii) in the case of an offence under clause (c) with imprisonment for a term
which extend to six months and with fine which may extend to one
hundred thousand rupees]54

23A. Punishment for Inspectors.— If an inspector willfully tempers with any sample
drawn under section 16 of a Government Analyst be guilty of misconduct and shall, in
addition any penalty or punishment to which he may be liable under any law for ht time
being enforce, be proceeded against in the appropriate departmental proceedings.

24. Entry & Seizure.— (1) if an Inspector has reason to believe that an offence
punishable under this ordinance or the rules made there under has been, is being or it 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.
(3) [An Inspector may apply to the District Magistrate, Additional District
Magistrate, Sub-Divisional Magistrate of the District or Sub-Division or Tehsil or Taluka, as
the case may be for police assistance and such Magistrate may direct that an Executive
50
Amended vide Act No. XXXIX of 1997.
51
Amended vide Act No. XXXIX of 1997.
52
Amended vide Act No. XXXIX of 1997.
53
Amended vide Act No. XXXIX of 1997.
54
Amended vide Act No. XXXIX of 1997.
Magistrate shall accompany the Inspector along with a police party for the purpose of
collecting sample for examination]55

25. Power of Court to Order for 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 56[Government].
26. Cognizance of Offence etc.— (1) No court inferior to that of a Magistrate of the first
class shall try an offence punishable under this ordinance.
Act V of 1898.
(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
authorized by this ordinance even if such sentence exceeds his powers under the said
section 32.
26A. Cognizance and prosecution of offences. — [The offences punishable under this
Ordinance shall be cognizable and non-bailable but a police officer shall not register or
investigate a case relating to an offence under this Ordinance except on a complaint by the
Inspector and Public Prosecutor shall be responsible for conducting prosecution of offences
under this ordinance]57

27. Power to try offence summarily Act-V of 1898.— 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 section
262 to 265 of that code, any offence punishable under section 21.
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
of the rules.
29. Power to make rules.— (1) The 58[Government] may, in consultation with the
Agriculture 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 for 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) (b). the form in which an application for the registration of a [*****] 59 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 certificate of registration of [pesticides not
having a trade name or otherwise] 60 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;
(e) the functions of pesticide laboratory and the procedures to be followed by in
the performance of such functions, including:-

55
Amended vide Act No. XXXIX of 1997.
56
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
57
Amended vide Act No. XXXIX of 1997.
58
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
59
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992
60
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992
 i) safeguarding of the secrecy of the formula of any [*****] 61
pesticides disclosed to it;
ii) collection of samples of pesticides for test or analysis; and
iii) the form in which its reports of test 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 results of the analysis;
(g) the qualifications and duties of the Government Analyst;
(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 62[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 pesticides, 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 a detrimental or injurious to vegetation,
domestic animals or public health even when used according to directions;
(k) the pesticides that are to be labeled poison and their antidotes;
(l) the requirement for the safe storage of pesticides;
(m) the quantities of different [*****]63 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 in agriculture ; or
ii) On land on which such pesticides are being or have been used in
agriculture.
(o) the restrictions or conditions as to the purposed for which, the circumstances
in which, or the methods or means by which, a pesticide may be used.
(p) the restrictions or conditions involving in a general prevention or limitation of
the use of any pesticide in agriculture.
(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
61
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992
62
The words “Federal Government” substituted by the word “Government” by the Punjab Agricultural Pesticides
(Amendment) Act, 2012 (XXV of 2012).
63
Amended vide Ordinance No. XXXVII of 1991 and Act No. XIX of 1992
 persons so subject, prohibitions or restrictions on employment of workers.
(u) The measures for detecting and investigating case 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 pesticide.
64
[30. Delegation of powers.– The Government may, by notification in the official Gazette,
delegate any of its powers under the Ordinance or the rules to any officer or authority
subordinate to the Government on such conditions as the Government may determine]

64
Section 30 by the word “Government” by the Punjab Agricultural Pesticides (Amendment) Act, 2012 (XXV of
2012).