The Pakistan Plant Quarantine Act, 1976

The
Pakistan Plant Quarantine
Act, 1976

Contents
1 Short title, extent and commencement
2 Definitions
3 Power to prohibit or regulate import of certain articles
4 Operation of notification under section-3
5 Goods and articles import or transportation of which prohibited not to be carried
6 Penalty
7 Cognizance of offence
8 Indemnity
9 Delegation of power
10 Power to make rules
11 Repeal

The
Pakistan Plant Quarantine
Act, 1976

LXXV of 1976

1st December, 1976

An Act to give effect in Pakistan to the International Plant Protection Convention, 1951.

WHEREAS it is expedient to give effect in Pakistan to the International Plant Protection Convention, 1951, and to provide for matters connected therewith.

It is hereby enacted as follows. –

1. Short title, extent and commencement

(1) This Act may be called the Pakistan Plant Quarantine Act, 1976.

(2) It extends to the whole of Pakistan.

(3) it shall come into force at once.

2. Definitions: In this Act, unless there is anything repugnant in the subject or context.

(a) ‘Convention’ means the International Plant Protection Convention, 1951,

(b) ‘crop’ includes all agricultural or horticultural crops and all trees, bushes, grass or plants.

(c) ‘import’ means the bringing or taking by sea. land or air across any customs frontier as defined by the Federal Government and includes transportation by any means from one Province to another or from one place to another within a Province;

(d) ‘infection” means infection by any insect, fungus. or other pest injurious to a crop or plant:

(e) ‘pest’ means any living stage or any or all insects, ites, nematodes, slugs, snails, protozoa, or other invertebrate animals, fungi, bacteria, or other parasitic lants or reproductive parts thereof, virus or any organism, or any infectious substance which may directly or indirectly injure or cause disease to any crop or plant; and

(f) ‘plant’ means all species of plants or parts thereof hether living or dead including stomps, branches. tubers, ulbs, corms, stocks, budwood. cutting, layers. slips, uckcrs, roots’, green-scum on stagnant pools. leaves, lowers, fruits, and seeds.

3. Power to prohibit or regulate import of certain articles

(1) ‘the Federal Government may, by notification in the official Gazette, prohibit, restrict or otherwise regulate, subject to such conditions as it may think fit to impose, import or any article or class of articles likely to cause infection to any crop or plant, or of any pest generally or any class of pests.

(2) A notification under tins section may specify any article or class of articles or any pest or class of pests it her generally or in any particular manner, whether with reference to the country or origin, or the route by winch imported or otherwise.

(3) Any condition imposed under a notification under this section may require

(a) compliance with the provisions of the Convention,
(b) examination by authorised persons of goods articles of plant origin and pests brought in or to be taken out,
(c) obtaining of certificate of non-infection; and
(d) treatment or detention, confiscation and destruction of infected goods or articles of plant origin.

4. Operation of notification under section-3. A notification under section 3 shall operate as if it has been issued under section 16 of the Custom Act, 1969; and the officers of customs shall have the same powers in respect of any goods, articles of plant origin or pests in respect of which such a notification has been issued as they have for the time being in respect of any article the importation of which is prohibited or restricted under the said Act. and ail the provisions of that Act shall have effect accordingly

5. Goods and articles import or transportation of which prohibited not to be carried
When a notification has been issued under section 3 then, notwithstanding anything contained in any other Jaw for the time being in force, the person responsible for the booking of goods or parcels at any port, railway station, airport or other place,

(i) where the notification prohibits import, shall refuse to receive for carriage at, or to forward, or knowingly allow to be carried by sea, air, land, rail or other carrier from that port, station, airport or place anything of which the import has been prohibited; and

(ii) where the notification imposes any conditions upon import, shall so refuse unless the prescribed documents showing that the conditions have been fulfilled are produced.

6. Penalty
Whoever contravenes or attempts to contravene any of the provisions of this Act, or of any rules made or notification issued thereunder, shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1969 as applied by section 4, be punishable with fine which may extend to five hundred rupees and upon any subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

7. Cognizance of offence
No court shall take cognizance of any offence under this Act except upon complaint in writing made by any officer authorised by the Federal Government in this behalf.

8. Indemnity
No suit, prosecution or other legal proceeding shall he against any person for anything which is in good faith done or intended to be done under this Act

9. Delegation of power
The Federal Government may delegate to a Provincial Government, or to any officer or authority of such Government, any of its powers under this Act in so far as it relates to the prohibition or restriction or bringing or taking into or out of any place from or to another place within a Province or to the transportation from one place to another within a Province or to the sale of goods or articles of plant origin imported in contravention of any of the provisions of the Act.

10. Power to make rules

(1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of the Act.

(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 method and manner of examination and treatment of goods and articles of plant origin likely to cause infection to any crop or plant,
(b) The form of certificate of non-infections,
(c) The documents to be produced before goods or articles of plant origin are accepted for carnage, and
(d) The fees to levied under this Act.

11. Repeal The Destructive Insects and Pests Act, 1914, is hereby repealed