The Pesticides Act, 2048 (1991)

The Pesticides Act, 2048 (1991)

Date of Authentication
2048.2.21.3 (Tuesday, 5 June 1991)
Act number 11 of the year (2048)
An Act Made to Provide for Pesticides
Preamble: Whereas, it is expedient to make provisions on the import, export,
production, purchase, sale and use of the pesticides used to destroy fatal pests
(kitanu) in various seeds, plants, trees, animals, birds etc.;
Be it enacted by His Majesty King Birendra Bir Bikram Shah Dev, with the
advice and consent of the Council of Ministers, in accordance with Article 129 of
the Constitution of the Kingdom of Nepal, 1990 (2047).
1. Short title and commencement: (1) This Act may be called as the
"Pesticides Act, 2048 (1991)".
(2) It shall come into force in such area and on such date as
Government of Nepal may, by notification in the Nepal Gazette, appoint.1
2. Definitions: In this Act, Unless the subject or the context otherwise
requires;
(a) "Pesticides" means the pesticides to be used to destroy fatal pests in
seeds, plants, trees, animals, birds etc.
(b) "Committee" means the Pesticides Committee formed pursuant to
Section 3.
(c) "notified pesticides" means such Pesticides as specified by
Government of Nepal by a notified order pursuant to Section 10.
(d) "Prescribed" or "as Prescribed" means prescribed or as prescribed in
the Rules or Orders framed or issued under this Act.
3. Formation of Pesticides Committee: (1) A Pesticides Committee shall be
formed to render necessary advice to Government of Nepal on the
1 By a notification in the Nepal Gazette dated 2050.10.25 (7 February 1994), this Act has come into force on
2051.4.1 (16 July 1994).
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formulation of a national policy on Pesticides and implement the national
policy on Pesticides.
(2) The Committee shall consist of the following members:
(a) Secretary, Ministry of Agriculture -Chairperson
(b) Chief, Central Pest Science Division -Member
(c) Chief, Central Crops Disease Science
Division -Member
(d) Chief Malaria Eradication Project -Member
(e) Representative, Nepal Bureau of Standards -Member
(f) Representative, Food Crops and Fisheries
Development Department, Crops
Protection Section -Member
(g) Three scientists related with agriculture,
livestock and forest science, as nominated
by Government of Nepal -Member
(h) One Pesticides entrepreneur and one
consumer farmer, as nominated by
Government of Nepal -Member
(i) A person designated by Government of
Nepal
-Member
secretary
(3) The tenure of the members nominated by Government of Nepal
pursuant to Clauses (g) and (h) of Sub-section (2) shall be two years; and
after the completion of their tenure, they may be eligible to be re-nominated.
(4) Notwithstanding anything contained in Sub-section (3),
Government of Nepal may remove any member nominated by it pursuant to
Clauses (g) and (h) of Sub-section (2) prior to the completion of his tenure.
(5) Government of Nepal may, if it considers necessary, make
necessary alteration in the members of the Committee, by a Notification
published in the Nepal Gazette.
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(6) The Committee may, if it considers necessary, invite any native or
foreign expert or consultant to take part in its meeting as an observer.
4. Meeting and decision of Committee: (1) A meeting of the Committee shall
be held at such place, date and time as may be appointed by the chairperson.
(2) The presence of fifty percent members of the total number of
members of the Committee shall be considered to constitute a quorum for
the meeting.
(3) The chairperson shall preside over the meeting of the Committee;
and in his absence, the member selected by the meeting attending members
from amongst themselves shall preside over it.
(4) A majority opinion shall prevail at the meeting of the Committee;
and in the event of a tie, the chairperson shall exercise the casting vote.
(5) The member secretary shall authenticate the decisions of the
Committee.
(6) The other procedures relating to the meeting of the Committee
shall be as determined by the Committee on its own.
5. Functions, duties and powers of Committee: The functions, duties and
powers of the Committee shall be as follows:
(a) To give advice to Government of Nepal to formulate a national policy
on Pesticides.
(b) To maintain coordination between the private and government sector
in the production and distribution of Pesticides.
(c) To encourage the private sector to make investment in the Pesticides
industry.
(d) To maintain or control, or cause to be maintained or controlled, the
standards of Pesticides produced by the Pesticides industries being
operated in the private or governmental sector.
(e) To fix the standards of Pesticides.
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6. Powers to form sub-committees: (1) The Committee may, as per necessity,
form various sub-committees to smoothly carry out the import, export,
production, sale and distribution of Pesticides.
(2) The functions, duties and powers of the sub-committees and their
meeting procedures shall be as prescribed.
7. Establishment of Pesticides registration body: Government of Nepal may,
by a Notification in the Nepal Gazette, establish a Pesticides registration
body to carry out the Pesticides registration related activities.
8. Functions, duties and powers of Pesticides registration body: (1) The
functions, duties and powers of the Pesticides registration body shall be as
follows:
(a) To examine the applications received for the registration
of Pesticides, register such Pesticides as held appropriate
and issue the certificate.
(b) To establish prerequisites for the efficient, rationale and
proper use of Pesticides.
(2) The other functions, duties and powers of the Pesticides
registration body and the procedures to be followed in the registration of
Pesticides shall be as prescribed.
9. License to be obtained by having registration of Pesticides: Any person,
organization or body who imports, exports, produces, uses, purchases or
sells the Pesticides shall compulsorily get the Pesticides registered with the
body established under Section 7 and obtain the certificate, by paying the
prescribed fees, prior to such acts.
10. Notified Pesticides: Government of Nepal shall, on recommendation of the
Committee, publish the names of the Pesticides registered pursuant to
Section 9 in the Nepal Gazette.
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11. Prohibition on use of Pesticides other than Notified Pesticides: The
import, export, production, use, purchase and sale of any Pesticides other
than the Pesticides notified by Government of Nepal pursuant to Section 10
are hereby prohibited.
12. License to be obtained: A person who makes formulation of, sells,
distributes, or makes commercial use of, the Notified Pesticides shall obtain
the license from the Committee, by making payment of the prescribed fees.
13. Appointment of Pesticides Inspector: Government of Nepal may, as per
necessity, appoint Feed Inspectors for the purposes of this Act. Where the
Pesticides Inspector is not so appointed, Government of Nepal may appoint
any other employee to carry out the functions of such Inspector.
14. Functions, duties and powers of Pesticides Inspector: The functions,
duties and powers of the Pesticides Inspector shall be as prescribed.
15. Punishment: (1) Any person who violates Section 9 of this Act shall be
punished with a fine not exceeding Two Thousand Rupees, and such
Pesticides shall also be forfeited.
(2) Any person who violates Section 11 or 12 this Act shall be
punished with a fine not exceeding Five Thousand Rupees, and such
Pesticides shall also be forfeited.
(3) Any person who commits, or causes the commission of, any act
contrary to this Act and the Rules framed hereunder, other than the act as
mentioned in Sub-sections (1) and (2) above, shall be punished with a fine
not exceeding One Thousand Rupees.
16. Government to be the Plaintiff: Government shall be plaintiff in a case
under this Act.
17. Investigation and filing of case: (1) The Pesticides Inspector shall
investigate a case related with the offense under this Act and, upon
completing the investigation, shall file the case before Adjudicating
Authority.
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(2) In investigating and filing the case pursuant to Sub-section (1), the
Pesticides Inspector may seek opinion of the Government Attorney.
18. Power to frame Rules: Government of Nepal may frame necessary Rules to
implement the objectives of this Act.

Weight
-7

 

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