Pesticide adulteration: bill proposing more drastic punishment introduced in National Assembly
Since the 36-year-old Agricultural Pesticides Ordinance 1971 has failed to check the growing menace of substandard and adulterated pesticides, MNA Samina Khalid Gurkie on Tuesday introduced in the National Assembly an amendment bill proposing more drastic punishment for such offences.
The bill seeks ten-year imprisonment and fine of rupees two million or both for those guilty of adulteration of pesticide. It further proposes seven-year imprisonment for selling substandard pesticides and fine extending up to Rupees one million or both.
As the concerned officials are alleged to be in collusion with the suppliers of substandard and adulterated pesticide, the bill also proposes that the police officers of the area too could be imprisoned for three years and fined Rs 100,000.
It may be stated that adulteration of pesticides and supply of sub-standard pesticides to poor and illiterate farmers has become a great menace to agriculture and agricultural economy and specially deprives the poor farmers of their income.
The statement of objects and reasons for the amendment bill says that every year thousands of farmers suffer financial losses by using adulterated or substandard pesticide that not only affects their crop, but also results in shortage of crops.
It specifically states that all this is going on in collusion with the concerned government officials or officers with unscrupulous and anti-state elements "
It adds that both deserve very harsh punishment but the existing law is unable to meet the situation and control the offences for reasons best known to them.
Therefore the offenders as well as negligent government officials should be dealt with iron hand.
THE AMENDMENT BILL READS THE PERSON GUILTY OF AN OFFENCE UNDER SUB-SECTION(1) SHALL BE PUNISHED:
In the case of an adulterated pesticide with imprisonment for a term of ten years and with fine amounting to twenty hundred thousand rupees, or both.
-In the case of a sub-standard pesticide with imprisonment for a term of seven years and with fine which may extend to ten hundred thousand rupees, or both; and.
-All equipment, raw materials, chemicals, machinery, etc, relating to above offences shall be confiscated to the federal government.
A new sub-section states the person who abets or works for commission of an offence punishable under this section shall be punished with vigorous imprisonment for a term which shall not be less than three years and with fine not less than one hundred thousand rupees. It also proposes that the offence punishable under this Ordinance shall be cognisable and non-bailable.
Every police officer of the area wherein such adulterated and sub-standard pesticides are being made or sold shall be liable for punishment under section 26B and no plea of good faith or lack of information shall be an excuse to failure to perform his duty under this Ordinance".
Addition of new sections, in Ordinance, II of 1971. In the said Ordinance after section 26, A, amended as aforesaid, the following new sections shall be added namely.
"26B. Responsibility of the officers authorised to exercise power under Ordinance.- Whoever, notwithstanding any immunity provided in this Ordinance, being an official, officer of the Government or a person authorised to take cognisance prevent offences under this Ordinance and failed to prevent the prevalence of adulterated and sub-standard pesticides or any other duty relating to enforcement of this Ordinance shall be punished with imprisonment for a term which may extend to ten years and fine which shall not be less than five hundred thousand rupees.
26C. Award for providing information of offences. Whoever shall, inform the court authorised to take cognisance of offences under this Ordinance, or any law enforcement authority about the commission of offence or regarding preparation for commission of offence under this Ordinance shall be provided full protection at state expense and shall also be paid twenty per cent of amount recovered as fine.
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