AMIR HANI MUSLIM, J.---Through this petition the petitioner has prayed for the following reliefs:-- "(a) to hold that recommendation of Respondent No,3 in favour of Respondents No,4 for registration of application of RAGTO-AP for respondent No,1 bye-passing respondent No,2 against observation/objections in 35th meeting of sub-committee is illegal, unwarranted, bad before the eye of law and contrary to Agricultural Pesticides Ordinance, 1971, and the Rules as well as quash/set aside the same;
(b) to direct respondent No, 1 not to consider/pass final approval for registration of application for the product of respondent No,4 RAGTO-AP and also direct Respondents Nos.1 and 2 to take appropriate action including departmental action against respondent No,3 to convene/chair 35th meeting of subcommittee for the registration of Product of respondent No,4 RAGTO-AP and direct respondents Nos.1 and 2 to reject the application of respondent No,4 for registration of its product RAGTO-AP with cost.
(c) to direct respondent No,4 not to manufacture/produce RAGTOAP which is still not registered in the light of section 4 of Agricultural Pesticides Ordinance, 1971 and also grant compensatory relief/cost in favour of petitioners;
(d) or may pass any other order/orders in favour of the petitioner against the respondents which may deem fit and proper under the circumstances of this case."
2. Brief facts, as they appear from the pleadings of the parties are that the petitioner claims to be in the business of Agriculture Pesticides as importer and manufacturer and got registered its product 'Aluminium Phosphide' under the brand name of AGTOXIN 'R' in terms of the Agricultural Pesticides Ordinance, 1971.
3. The petitioner has pleaded that it filed a Constitution Petition No,D-796 of 1993 in this Court challenging the action of the respondent No,1 and in the said Constitution Petition this Court had granted ad-interim order on an interlocutory application of the petitioner whereby the respondent No,1 was restrained from granting registration of pesticide to any person in exercise of Powers conferred upon him, under the Agricultural Pesticides Ordinance, 1971 and the Rules framed thereunder.
4. The petitioner further claims that it has also filed a Constitution Petition No,D-2515 of 2001 in this Court against the respondents No,1 and 2 challenging their authority to grant registration of pesticide Aluminium Phosphide to other importers, which petition was disposed of. Subsequent thereto on an application filed by the petitioner in Petition No,D-2515 of 2001 this Court on 25-1-2002 while disposing of the application observed that the petitioner would be at liberty to file his objections to the registration of pesticides of the respondent No,4 before the competent authority.
5. The learned counsel for the petitioner submits that the registration of respondent No,4 has been challenged on the ground that the sub-committee which has recommended the registration of the pesticide Aluminium Phosphide (RAGTO-AP) of respondent No,4 was not authorized to recommend to the Technical Advisory Committee as the period for which the said sub-committee was constituted had lapsed. In this connection he has submitted that section 12 of the Agricultural Pesticides Ordinance, 1971 deals with the Agricultural Pesticides Technical Advisory Committee, which advises the Federal Government on technical matter arising out of the administration of Ordinance of 1971. The constitution of the committee in terms of section 12, comprises of the Chairman and such number of Vice-Chairmen and other members being officers of the Federal Government or a Provincial Government or persons representing trade and industry engaged in pesticides business. The names of the Chairman, Vice-Chairmen and Members of the Committee are required to be published in the official Gazette by the Federal Government. Section 12(5) provides that nonofficial Members of the Committee appointed by the Federal Government shall hold office for a term of three years and shall be eligible for reappointment. Section 12(10) further provides that the Committee may appoint a sub-committee consisting of specialists for the consideration of particular matters for such period not exceeding three years as it may consider necessary.
6. The grievance of the petitioner is that a sub-committee of the Technical Advisory Committee, which was notified vide Notification dated 18-7-1998 for three years, held its 35th meeting on 16-3- 2002 and recommended registration of "RAGTO-AP" (Aluminium Phosphide) of the respondent No,4.
7. According to the learned counsel for the petitioner, the Committee held its 35th meeting on 14-3- 2002 whereas the Notification under which it was constituted was issued on 18-7-1998 which Notification incorporates the life of the Committee for three years only. The learned counsel, therefore, submits that on the day of the recommendations by the sub- committee, the sub-committee was not alive and therefore its recommendations had no legal force. He, therefore, submits that the Advisory Committee should not accept the recommendations of the sub-committee for the purpose of registration of Respondent No,4.
8. The Deputy Attorney General, on the other hand, has submitted that there is no provision, which contemplates any period for the official members of the Committee and, therefore, the objection of the learned counsel for the petitioner is untenable in law.
9. We have heard the learned counsel and perused the law. Chapter III of the Agricultural Pesticides Ordinance, 1971, deals with the Agriculture Pesticides Technical Advisory Committee, etc. For the purpose of convenience section 12 of Agricultural Pesticides Ordinance, 1971, is reproduced herein below:-- "12. The Agriculture Pesticide Technical Advisory Committee.
(1) As soon as may be after the commencement of this Ordinance, the Federal Government shall constitute a committee, to be called the Agriculture Pesticide Technical Advisory Committee, to advise the Federal Government on technical matters arising out of the administration of this Ordinance and to perform any other functions assigned to it by or under this Ordinance.
(2) The Committee shall consist of a Chairman and such number of Vice-Chairmen and other members, being officers of the Federal Government or a Provincial Government or persons representing trade and industry engaged in pesticide business, as the Federal Government may appoint: Provided that no officer of a Provincial Government and no person representing trade and industry so engaged in a Province shall be appointed otherwise than on the recommendation of the Government of the Province concerned.
(3) The names of the Chairman, Vice-Chairmen and other members of the Committee shall be published in the official Gazette.
(4) The Federal Government shall appoint one of the members of the Committee, being an officer of that Government, to be the Secretary of the Committee for the period for which he is such a member.
(5) The non-official members of the Committee shall hold office for a term of three years and shall be eligible for re-appointments.
(6) A member of the Committee, may, at any time, resign his office by writing under his hand addressed to the Chairman; but the seat of such member shall not be deemed to have fallen vacant unless the resignation has been accepted by the Chairman with the previous approval of the Federal Government.
(7) A person appointed to fill a vacancy created by the resignation or death of a member shall hold office for the residue of the terms of his predecessor.
(8) The functions of the Committee may be exercised notwithstanding any vacancy in the membership thereof.
(9) The Committee shall have the power to regulate with the prior approval of the Federal Government the procedure for the conduct of its business.
(10) The Committee may appoint sub-committee consisting of specialists for the consideration of particular matters of such periods, not exceeding three years, as it may consider necessary."
10. A plain reading of section 12(1) of the Agricultural Pesticides Ordinance, 1971, provides that the Federal Government shall constitute Agriculture Pesticide Technical Advisory Committee, to be notified in the official Gazette, comprising of Chairman, Vice-Chairmen and other members. No specific period has been provided under the provisions of section 12 ibid. In regard to such official members and or office-bearers of the Committee whereas the non-official members of the Committee were to hold office for three years subject to their re-appointment as provided under section 12(5) of the Ordinance of 1971.
11. There is no provision, which provides that an official member and or office-bearer either of the Committee or sub-committee has to be appointed and notified again after the lapse of three years. Mere recommendation by a sub-committee, after the lapse of the time provided in the Notification, will not nullify the recommendation of the Committee as the time stipulated in the said Notification and or in section 12 would not extend to the official members/office-bearer of the either of Committee or sub-committee. Moreover, section 12 does not provide, otherwise, that in the absence of non-official members of the sub-committee, the recommendation by the sub- committee would have no legal sanction. We are, therefore, of the considered view that recommendations of the sub-committee for registration was proper irrespective of the lapse of time provided under the Notification.
12. There is hardly any other ground, which was urged by the petitioner's counsel in these proceedings. This petition for the aforesaid reason is dismissed with no order as to costs.