Law: Agricultural Pesticide Rules,1973

Section: 9(5)(c),11(a)

Agricultural Pesticides Rules, 1973--- ----Rr. 9(5)(c) & 11(a) [as amended through SRO No.790(I)/2005 dated 05.08.2005]---Distributor of pesticides---Requirement of maintaining qualified technical staff/agricultural graduates as prescribed in R.9(5)(c) of the Agricultural Pesticides Rules, 1973---Such requirement had not been made applicable to the distributors of pesticides who themselves were not importers---Only a distributor who was also an importer was liable to comply with the requirement of maintaining agricultural graduates under R.9(5)(c) of the Agricultural Pesticides Rules, 1973---Intra-court appeal was allowed accordingly. M/s A.N. Pesticides, and another v. Federation of Pakistan and others I.C.A No.79/2008 in W.P.No.3519/2008 distinguished. THIS JUDGMENT PASSED BY: MUZAMIL AKHTAR SHABIR, JUSTICE:---.--- This single judgment shall decide appeals i.e. ICA No.201/2009, ICA No.202/2009, ICA No.203/2009, ICA No.204/2009 and ICA No.206/2009 in which similar facts and question of law are involved. 2. The appellants, who are registered distributors of pesticides, have challenged order dated 08.07.2009 passed by learned Single Judge of this Court, who dismissed their constitutional petitions, whereby appellants had challenged the vires of Rule 9(5) of the Agricultural Pesticides Rules, 1973 as amended through SRO No.790(I)/2005 dated 05.08.2005 by the Government of Pakistan, Ministry of Food, Agriculture and Livestock. 3. The case of appellants is that they are registered distributors of pesticides and are being regulated under Agriculture Pesticides Ordinance, 1971 "the Ordinance" and Agricultural Pesticides Rules, 1973 "the Rules". As per rule 11 of the Rules, the appellants were required to maintain qualified technical staff consisting of Entomologist, Plant Pathologist and Toxicologist and appellants were fully complying with the above said requirements. Some of the appellants applied for renewal of their distributorship, when they were informed that through Notification SRO No.21(I)/2004 dated 13.01.2004, amendment had inserted new sub-clause (c) in rule 9 sub-rule (5) to the effect that persons engaged in the business operations of Agricultural…

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