Law:

Section:

Agricultural Pesticides Ordinance (II of 1971)---------S.12---Constitution of Pakistan (1973), Art. 199 --- Constitutional petition---Agricultural Pesticides Technical Advisory Committee--­Tenure---Dispute was with regard to registration of pesticide in the name of respondent---Plea raised by the petitioner was that the period of sub­committee constituted by Technical Advisory Committee had lapsed, therefore, recommendation of registration, of the pesticide by the sub­committee was illegal---Validity---Federal Government could constitute Agricultural Pesticide Technical Advisory Committee under the provisions of S.12(1) of Agricultural Pesticides Ordinance, 1971, comprising Chairman, Vice-Chairmen and other members, and the committee was to be notified in the official Gazette---No specific period had been provided under the provisions of S.12 of Agricultural Pesticides Ordinance, 1971, in regard to such official members and/or office-bearers of the committee whereas non-official members of the committee were to hold office for three years subject to their reappointment as provided under S.12(5) of Agricultural Pesticides Ordinance, 1971---No provision, existed which provided that an official member and/or office-bearer either of the committee or sub-Committee had to be appointed and notified again after lapse of three years---Mere recommendation by sub-committee, after the lapse of time provided in the notification would not nullify the recommendation of the committee as the time stipulated in the notification and/or in S.12 of Agricultural Pesticides Ordinance, 1971, would not extend to the official members/office-bearer of either of committee or sub-committee--­Section 12 of the Ordinance had not provided that in absence of non­official members of sub-committee, that the recommendations by the sub-committee would have no legal sanction---Recommendations of sub­committee for registration of pesticide in favour of the respondent was proper, irrespective of the lapse of time provided under the notification-­Petition was dismissed in circumstances. Abdul Samad Khan, Advocate-Supreme Court for Petitioner. Muhammad Munir Paracha, Advocate Supreme Court and M.S…

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