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THE PUNJAB SEED CORPORATION ACT, 1976

(X of 1976)
CONTENTS
CHAPTER I
PRELIMINARY
1. Sho! !"!#$, $%!$&! '&( )o**$&)$*$&!
+. D$f"&"!"o&,
CHAPTER II
CONSTITUTION O- THE CORPORATION
.. E,!'/#",h*$&! of !h$ Co0o'!"o&
1. E,!'/#",h*$&!, 0o2$, '&( )o&,!"!3!"o& of !h$ Bo'(
4. M'&'5"&5 D"$)!o
6. R$,"5&'!"o& /6 o $*o7'# of &o*"&'!$( *$*/$
7. R$*o7'# of M'&'5"&5 D"$)!o
8. A00o"&!*$&! of off")$,, $!) of !h$ Co0o'!"o&
9. D$)#''!"o& of f"($#"!6 '&( ,$)$)6
19. -"&'&)"'#, !$)h&")'# '&( '(7",o6 )o**"!!$$,
11. I**3&"!6 of !h$ M'&'5"&5 D"$)!o '&( $*0#o6$$, of !h$ Co0o'!"o&
1+. D$#$5'!"o& of 0o2$,
1.. M$$!"&5, of !h$ Bo'(
11. Po2$ of Bo'( !o ',,o)"'!$ o!h$ 0$,o&,
CHAPTER III
PO:ERS AND -UNCTIONS O- THE CORPORATION
14. Po2$, '&( f3&)!"o&, of !h$ Co0o'!"o&
CHAPTER I;
-INANCE, AUDIT AND ACCOUNTS
16. So3)$ of f3&(,
17. Co0o'!"o& f3&(
18. Po2$, of !h$ Co0o'!"o& !o /oo2 *o&$6
19. B3(5$!
+9. A))o3&!, '&( '3("!
+1. R$0o! !o /$ f3&",h$( !o <o7$&*$&!
++. R$f$$&)$ of ' (",03!$ !o !h$ A/"!'!o
+.. R$)o7$6 of (3$,
+1. R3#$,
+4. R$53#'!"o&,
TEXT
1
THE PUNJAB SEED CORPORATION ACT, 1976
(X of 1976)
[18
th
June, 1976]
A&
A)!
to provide for the establishment of the Punjab Seed Corporation
P$'*/#$.= :HEREAS it is expedient to provide for the establishment in the Province of
the Punjab, a corporation for the production, procurement, processing, marketing and
distribution of seeds;
It is hereby enacted as follows:-
CHAPTER I
PRELIMINARY
1. Sho! !"!#$, $%!$&! '&( )o**$&)$*$&!.= !" #his $ct may be called the Punjab %eed
&orporation $ct, !'()*
+" It shall extend to the whole of the Province of the Punjab*
," It shall come into force at once*
+. D$f"&"!"o&,.= !" In this $ct, unless there is anything repugnant in the subject or context
-
a" .advisor/ means the $dvisor of the &orporation;
b" .0oard/ means the 0oard constituted under section 1 of this $ct;
!" .corporation/ means the Punjab %eed &orporation established under section , of
this $ct;
d" .employee/ means an employee of the &orporation; e" .2overnment/ means the
2overnment of the Punjab;
f" .3anaging 4irector/ means the 3anaging 4irector of the &orporation and
includes any person discharging the duties of the 3anaging 4irector for the time
being;
"" .member/ means the member of the 0oard and includes its &hairman and
3anaging 4irector;
h" .registered grower/ means a grower registered with the &orporation in the
prescribed manner; and
i" .prescribed/ means prescribed by rules or regulations*
+" $ll words and expressions used but not defined in this $ct shall bear the same
meanings as are assigned to them in the %eed $ct, !'()*
CHAPTER II
CONSTITUTION O- THE CORPORATION
.. E,!'/#",h*$&! of !h$ Co0o'!"o&.= !" $s soon as may be, after the commencement
of this $ct, there shall be established a &orporation to be called the Punjab %eed
&orporation*
+" #he &orporation shall be a body corporate having perpetual succession and a
common seal with power, subject to the provisions of this $ct, to ac5uire and hold property, both
movable and immovable and it shall sue and be sued by the said name*
1. E,!'/#",h*$&!, 0o2$, '&( )o&,!"!3!"o& of !h$ Bo'(.= !" #he administration and
management of the &orporation and its affairs shall vest in a 0oard to be constituted by the
2overnment through a notification issued in the official 2a6ette* #he 0oard may exercise
powers and do all acts and things that may be exercised or done by the &orporation in
accordance with the provisions of this $ct*
+" #he 0oard in discharging its functions shall act on commercial considerations and
be guided by such directions as the 2overnment may give to it from time to time*
," #he 0oard shall consist of-
a" 3inister for $griculture, 2overnment of the Punjab* &hairman
b" $dditional &hief %ecretary, Planning and 4evelopment, 3ember
2overnment of the Punjab*
!" %ecretary to the 2overnment of the Punjab, 3ember
$griculture 4epartment*
d" %ecretary to the 2overnment of the Punjab, 3ember
7inance 4epartment*
e" 8ne representative from the 7arming community 3ember
to be nominated by 2overnment*
f" 8ne representative from the seed trade to be 3ember
nominated by 2overnment*
"" 3anaging 4irector, Punjab %eed &orporation* 3ember9%ecretary
of the 0oard*
1" #he members nominated under clauses e" and f" of sub-section ,", shall hold
office for a term not exceeding three years*
:" #he membership of the 0oard may be altered by the 2overnment at any time*
4. M'&'5"&5 D"$)!o.= !" #he 2overnment shall appoint a 3anaging 4irector who shall
be the &hief ;xecutive of the &orporation*
+" #he 3anaging 4irector shall-
a" be a whole time officer of the &orporation;
b" perform such duties as may be prescribed or as the 0oard may assign to him; and
!" receive such salary and allowances as the 2overnment may determine*
6. R$,"5&'!"o& /6 o $*o7'# of &o*"&'!$( *$*/$.= <otwithstanding anything
contained in this $ct a nominated member may at any time before the expiry of his term of office,
resign his office, or be removed from office by 2overnment without assigning any reason*
7. R$*o7'# of M'&'5"&5 D"$)!o.= !" #he 3anaging 4irector may at any time before
the expiry of his term and upon three month=s notice, resign his office or upon similar notice be
removed by 2overnment
+
>after affording him an opportunity of being heard?:
Provided that 2overnment may upon payment of three month=s salary and
allowances in lieu of the notice remove him immediately
,
>after affording him an opportunity
of being heard?*
+" #he 0oard may remove the 3anaging 4irector if he-
a" refuses or fails to discharge or becomes, in the opinion of the 0oard, incapable of
discharging his responsibilities under this $ct;
b" has, in the opinion of the 0oard, abused his position as 3anaging 4irector;
!" has knowingly ac5uired, without permission in writing of the 0oard, directly or
through a partner, any share or interest in any contract or employment with or on
behalf of the &orporation or in any property, which in his knowledge, is likely to
benefit or has benefitted him as a result of the operations of the &orporation;
d" has in the opinion of the 0oard violated the declaration of fidelity and secrecy
provided in section '; or
e" has absented himself for three consecutive meetings of the 0oard without leave
of the 0oard*
8. A00o"&!*$&! of off")$,, $!). of !h$ Co0o'!"o&.= #he 0oard may, subject to such
general or special orders as 2overnment may give to it from time to time, appoint such officers,
advisors and servants as it deems necessary for the efficient performance of its functions on such
terms and conditions as may be prescribed:
Provided that the 0oard shall have the power to make appointment on contract basis on
such terms and conditions as it may deem fit*
9. D$)#''!"o& of f"($#"!6 '&( ,$)$)6.= !" ;very member, advisor, officer and other
employee of the &orporation shall, before entering upon his office, make such declaration of
fidelity and secrecy as may be prescribed*
+" $ny advisor, officer or other employee of the &orporation, who in the opinion of
the 0oard has violated the declaration of fidelity and secrecy made by him under sub-section
!" shall be liable to be removed forthwith:
Provided that no such person shall be removed unless he is afforded an
opportunity of showing cause why he should not be removed from service under this sub- section*
19. -"&'&)"'#, !$)h&")'# '&( '(7",o6 )o**"!!$$,.= #he 0oard may, for efficient
functioning of the &orporation, constitute such financial, technical, and advisory
committees as it may deem necessary*
11. I**3&"!6 of !h$ M'&'5"&5 D"$)!o '&( $*0#o6$$, of !h$ Co0o'!"o&.= ;very
member, advisor, officer and employee of the &orporation shall be indemnified by the
&orporation against all losses and expenses sustained or incurred by him in the discharge
of his duties save such losses and expenses as are sustained and incurred as a result of his
own wilful act or default*
1+. D$#$5'!"o& of 0o2$,.= !" #he 0oard may, by general or special order, delegate to
the 3anaging 4irector, a member, officer or employee of the &orporation any of its powers,
duties or functions under this $ct or the rules and regulations made thereunder, subject to such
conditions as it may deem fit to impose*
+" #he 3anaging 4irector may likewise delegate to an officer any of his powers
under this $ct or the rules or regulations made thereunder, not being a power delegated to
him by the 0oard under sub-section !"*
1.. M$$!"&5, of !h$ Bo'(.= !" #he meetings of the 0oard shall be held at such time and
place as may be prescribed:
Provided that at least one meeting shall be held during each 5uarter of the year:
Provided further that until regulations are made in this behalf, such meetings shall be held
at such time and place as may be determined by the chairman*
+" #he 5uorum re5uired for transacting business at a meeting of the 0oard shall be
four:
Provided that for the budget meeting of the 0oard one of the four members
constituting the 5uorum shall be the 7inance %ecretary*
," #he meetings of the 0oard shall be presided over by the chairman and in his
absence by such member as may be nominated by him and failing such nomination by any other
member as may be elected by the members present*
1" <o act or proceedings of the 0oard shall be invalid merely on the ground of the
existence of any vacancy in or any defect in the constitution of the 0oard*
:" #he minutes of every meeting shall be drawn up and recorded in a book to be kept
for this purpose and shall be signed by the person presiding over the meeting and such book
shall at all reasonable times and without payment of any fee, be open to inspection by any
member*
)" #he 3anaging 4irector shall circulate to the members, the copies of the minutes
of every meeting*
(" If 2overnment so directs the 3anaging 4irector shall forward to it copies of all
papers laid before the 0oard for consideration at a meeting*
@" 2overnment may re5uire the 3anaging 4irector to furnish to it-
a" any return, statement, estimate, statistics, or other information regarding any
matter, under the control of the &orporation; or
b" any document in his possession or control, and the 3anaging 4irector shall
comply with any such re5uisition without delay*
11. Po2$ of Bo'( !o ',,o)"'!$ o!h$ 0$,o&,.= #he 0oard may associate with itself, any
person whose assistance or advice it may re5uire, in such manner, on such terms and for such
period as it may deem fit*
CHAPTER III
PO:ERS AND -UNCTIONS O- THE CORPORATION
14. Po2$, '&( f3&)!"o&, of !h$ Co0o'!"o&.= !" %ubject to the provisions of this $ct,
the &orporation may take such measures, exercise such powers as it considers necessary
or expedient, undertake any works, incur any expenditure, purchase, take on lease or ac5uire
land for seed production, procure any plants, machinery or material re5uired for its use, and
may enter into any contract and do all acts and things necessary for carrying out the purpose of
this $ct*
+" In particular and without prejudice to the generality of the foregoing powers,
the &orporation may take such measures as it may consider necessary for-
a" procurement and import of Pre-basic seed;
b" production and proper multiplication of basic seed;
!" multiplication, procurement, processing, bagging and storage of certified seed;
d" ade5uate marketing of certified seed through both the public and private
sector;
e" export of the certified seed when possible after meeting the national
re5uirements;
f" taking over and managing the Punjab $gricultural 4evelopment %upplies
&orporation %eed 7arms as directed by the 2overnment on such terms and
conditions as may be prescribed;
"" making suitable arrangements for the multiplication of seeds on private farms
under its supervision;
h" making suitable arrangements for the certification of seed in such manner as may
be prescribed;
i" taking all measures to promote the establishment of the seed industry in the
Province;
j" rendering technical advice and other services to its registered growers; and
#" contributing towards the cost of any studies, services, experiment or technical
research connected with the functions of the &orporation and undertaken or done
by any other person, agency or body*
," #he 2overnment may entrust any other functions which it may consider
necessary to the &orporation*
CHAPTER I;
-INANCE, AUDIT AND ACCOUNTS
16. So3)$ of f3&(,.= #o enable the &orporation to carry out its business effectively and to
meet charges in connection with its functions under this $ct, the 2overnment shall provide the
&orporation with ade5uate funds*
17. Co0o'!"o& f3&(.= !" #here shall be established a fund to be known as the
.&orporation fund/ which shall vest in the &orporation, and be utilised to meet charges in
connection with its functions including the payment of salaries and other remunerations of the
3anaging 4irector, officers, and employees of the &orporation*
+" #he &orporation fund shall consist of-
a" e5uity capital to be provided by the 2overnment;
b" long term loans from the 2overnment;
!" loans from commercial banks to be obtained on the advice of the 0oard;
d" income and receipts of the &orporation from sale proceeds, fees or any other
sums received by the &orporation; and
e" amounts received from the 2overnment in the form of subsidy, commission on
providing service and other incidental sums*
18. Po2$, of !h$ Co0o'!"o& !o /oo2 *o&$6.= #he &orporation shall be deemed to be
a local authority under the Aocal $uthorities Aoans $ct, !'!1 <o* IB of !'!1" for the purposes
of borrowing money:
Provided that no foreign loan shall be obtained by the &orporation without the previous
sanction of the 2overnment*
19. B3(5$!.= #he annual budge estimates of the &orporation shall be prepared and
approved in the manner as may be prescribed*
+9. A))o3&!, '&( '3("!.= !" #he &orporation shall maintain proper accounts and other
relevant records and follow the commercial cost accounting procedure*
+" #he &orporation shall prepare annually a balance sheet including the profit and loss
account with such general directions as may be prescribed*
," #he accounts of the &orporation shall be audited at least once in every financial
year by the $uditor-2eneral of Pakistan*
1" 0efore the audit referred to in sub-section ,", the accounts of the
&orporation shall be audited at least once in every financial year by an approved firm of
&hartered $ccountants*
:" $ statement of the audited accounts referred to in sub-section ," shall be
furnished to the 2overnment within four months after the end of every financial year*
+1. R$0o! !o /$ f3&",h$( !o <o7$&*$&!.= #he &orporation shall within four months of
the close of each financial year, furnish to 2overnment audited statement of its assets and
liabilities of commercial undertakings and transactions together with a profit and loss account and
a full report regarding the work performed during the year, and copies of the said statement,
account and report shall be published in the official 2a6ette*
++. R$f$$&)$ of ' (",03!$ !o !h$ A/"!'!o.= In the case of any dispute regarding the
actual sum due to the &orporation, the matter shall be referred to an arbitrator appointed by the
2overnment and the award of the arbitrator thereon shall be final and binding upon the parties*
+.. R$)o7$6 of (3$,.= $ll sums due to the &orporation from any person under an award
of an arbitrator or decree of any court shall be recoverable as arrears of land revenue*
+1. R3#$,.= #he 2overnment may make rules for carrying out the purposes of this $ct*
+4. R$53#'!"o&,.= %ubject to the provisions of the $ct and the rules framed
thereunder, the 0oard may make regulations for carrying out the purposes of this $ct*
!
#his $ct was passed by the Punjab $ssembly on @th Cune, !'(); assented to by the 2overnor of the Punjab on !@
th
Cune, !'();
and, published in the Punjab 2a6ette ;xtraordinary", dated !@th Cune, !'(), pages !,@'-!,'(*
+
%ubstituted by the Punjab %eed &orporation $mendment" 8rdinance, !'@1 BBBII of !'@1"*
,

Ibid*

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