440 The Pesticides Ordinance, 1971

(k) “insect” means any of the small invertebrate animals

commonly known as insects and includes such forms of
animal life as may be prescribed;

(l) “label” means the written, printed or graphic matter on,

or attached to, a pesticide or the immediate container

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thereof, and the outside container or wrapper of the retail

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package, if any, of the pesticide;

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(m) “package” includes every container;

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(n) “pesticide” means any substance or mixture of

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substances used or represented as a means for
preventing, destroying, repelling, mitigating or

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controlling, directly or indirectly, any insect, fungus,

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bacterial organism, nematodes, virus, weed, rodent, or

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other plant or animal pest; but does not include a

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substance which is a ‘drug’ within the meaning of the

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Drugs Act, 1940;
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(o) “prescribed” means prescribed by rules made under this
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Ordinance;
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(p) “registered” means registered under this Ordinance;

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(q) “registration number” means a specific number assigned

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by the Government to each registered brand of pesticide;

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(r) “rules” means rules made under this Ordinance; and

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(s) “weed” means any plant which grows where not wanted.
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CHAPTER II
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IMPORT, MANUFACTURE, FORMULATION, 1[REPACKING,]

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SALE, DISTRIBUTION AND USE OF PESTICIDES

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Pesticides to be
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4. No person shall import, manufacture, formulate,

registered 2
[repack,] sell, offer for sale, hold in stock for sale or in any
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manner advertise any brand of pesticide which has not been

registered in the manner hereinafter provided.
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1
The word and comma “REPACKING,” were inserted by section 4 of the Agricultural
Pesticides (Amendment) Act, 1980 (Act No. V of 1980).
2
The word and comma “repack,” were inserted by section 5 of the Agricultural
Pesticides (Amendment) Act, 1980 (Act No. V of 1980).
 The Pesticides Ordinance, 1971 441

5. (1) Any person intending to import, manufacture, Application for

formulate, 1[repack,] sell, offer for sale, hold in stock for sale or registration of
pesticide
advertise any brand of a pesticide may apply to the Government
for the registration of the brand under such name as he may
indicate in the application.

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(2) An application under sub-section (1) shall be in such

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form, be accompanied by such fee and contain such statements

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and information as may be prescribed.

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(3) Where the person making an application under sub-

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section (1) is not domiciled in Bangladesh, the application shall,

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besides such person, be signed by his agent or representative in
Bangladesh.

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(4) Upon the receipt of an application under sub-section (1),

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the Government may register a brand of a pesticide by the name
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indicated in the application, if it is satisfied that-
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(a) the brand is not such as would tend to deceive or mislead

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the purchaser with respect to the guarantee relating to the

pesticide or its ingredients or the method of its
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preparation; or
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(b) the guarantee relating to the pesticide or its ingredients is

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not the same as that of another registered brand or is not

so similar thereto as to be likely to deceive; or
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(c) it is effective for the purpose for which it is sold or

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represented to be effective; or
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(d) it is not generally detrimental or injurious to vegetation,

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except weeds, or to human or animal health, even when

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applied according to directions.

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(5) When it registers a brand of a pesticide on the

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application of any person, the Government shall grant to him a

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certificate of registration in such form as may be prescribed.

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1
The word and comma “repack,” were inserted by section 6 of the Agricultural
Pesticides (Amendment) Act, 1980 (Act No. V of 1980).
 442 The Pesticides Ordinance, 1971

Period for 6. The registration of a brand of a pesticide shall be

which effective from the date of its registration until the thirtieth day
registration
shall be of June of the third year following the year of registration.
effective

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Cancellation of 7. If, at any time after the registration of the brand of a

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registration pesticide, the Government is of opinion that the registration has

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been secured in violation of any of the provisions of this

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Ordinance or the rules or that the pesticide is ineffective against
pests or hazardous to vegetation, other than weeds, or to human

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or animal life, the Government may, after giving to the person

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on whose application it had been registered an opportunity of

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being heard, cancel the registration.

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Renewal of 8. (1) The Government may, on the application of the

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registration importer, manufacturer, formulator, 1[re-packer,] vendor or

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stock-holder of a registered brand of a pesticide in the

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guarantee or ingredients of which no change has taken place
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since the date of its registration, renew the registration of the
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brand for a further period of three years.
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(2) An application under sub-section (1) shall be in such

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form and be accompanied by such fee as may be prescribed and

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shall be made before the expiration of the period for which the
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registration of the brand to which it relates is effective.

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Requirement of 2
[8A. (1) Any person may, after obtaining a licence granted
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licence by the licensing authority, import, manufacture, formulate,

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repack, sell, offer for sale, hold in stock for sale, involve in pest
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control operation on commercial basis or advertise in any

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manner any brand of registered pesticide.

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(2) Any person intending to import, manufacture,

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formulate, repack, sell, offer for sale, hold in stock for sale,
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involve in pest control operation on commercial basis or

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advertise any brand of registered pesticide may apply for a

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licence to the licensing authority.

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1
The word and comma “re-packer,” were inserted by section 7 of the Agricultural
Pesticides (Amendment) Act, 1980 (Act No. V of 1980).
2
Section 8A was inserted by section 8 of the Agricultural Pesticides (Amendment) Act,
1980 (Act No. V of 1980).
 The Pesticides Ordinance, 1971 443

(3) An application under sub-section (2) shall be in such

form, be accompanied by such fee and contain such statements
and information as may be prescribed.

(4) A licence granted under this section shall be in such

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form and subject to such conditions as may be prescribed.

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(5) A licence granted under this section shall, unless

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suspended or cancelled under sub-section (6), remain valid for a

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period of two years from the date of issue of the licence and
may, on payment of such fees as may be prescribed, be renewed

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for a like term.

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(6) The licensing authority shall have power to suspend or

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cancel the licence:

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Provided that no licence shall be suspended or cancelled

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without giving the licensee an opportunity of showing cause
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and of being heard in person.
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(7) Any licensee aggrieved by an order of the licensing

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authority under sub-section (6) may, within sixty days from the
date of the order and on payment of such fee as may be
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prescribed prefer an appeal to the Government whose decision

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in the matter shall be final.

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(8) In this section, the expression “licensing authority” shall

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mean such authority as may be prescribed.]

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9. If any pesticide imported into Bangladesh is found to be Importation

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adulterated or incorrectly or misleadingly tagged, labelled or may be

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prohibited
named, or if its sale in any way contravenes any of the
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provisions of this Ordinance, the Government may, by

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notification in the official Gazette, prohibit the further import of

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the pesticide into Bangladesh.

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10. No person shall sell or offer or expose for sale, or Labelling of

advertise or hold in stock for sale any pesticide unless each packages
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package containing the pesticide, and every tag or label durably

attached thereto, is branded or marked in printed characters in
such form and in such manner as may be prescribed.
 444 The Pesticides Ordinance, 1971

Power to fix 1
[10A. (1) The Government may, by notification in the
maximum price official Gazette, fix-
of pesticides,
etc.
(a) the maximum price at which any pesticide specified in
the notification may be sold;

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(b) the maximum rate of commission that may be allowed to

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a wholesaler or retailer for distribution or sale of
pesticide.

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(2) The Government may, for the purpose of sub-section
(1), require a licensee to furnish such information as may be

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necessary.]

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Storage and use 11. No person shall store or use any pesticide save in

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of pesticides accordance with rules made under this Ordinance.

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CHAPTER III
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THE 2[* * *] PESTICIDE TECHNICAL ADVISORY COMMITTEE,
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The agriculture
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12. (1) As soon as may be after the commencement of this

Pesticide Ordinance, the Government shall constitute a committee, to be
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Technical
Advisory called the 3[* * *] Pesticide Technical Advisory Committee, to
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Committee advise the Government on technical matters arising out of the

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administration of this Ordinance and to perform any other

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functions assigned to it by or under this Ordinance.

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(2) The Committee shall consist of a Chairman and such

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number of Vice-Chairmen and other members, being officers of

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the 4[Government and] persons representing trade and industry

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engaged in pesticide business, as the Government may appoint:

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1
Section 10A was inserted by section 9 of the Agricultural Pesticides (Amendment)
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Act, 1980 (Act No. V of 1980).

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2
The word “AGRICULTURE” was omitted by section 4 of the Agricultural Pesticides
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(Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983).

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3
The word “Agriculture” was omitted by section 5 of the Agricultural Pesticides
(Amendment) Ordinance, 1983 (Ordinance No. XXV of 1983).
4
The words “Government and” were substituted for the words “Central Government or
a Provincial Government or” by section 10 of the Agricultural Pesticides
(Amendment) Act, 1980 (Act No. V of 1980).