10. licence for sale etc., of insecticides


1. applications for the grant or renewal of a licence to sell, stock or exhibit for sale or distribute insecticides shall be made in form VI for Form VII, as the case may be to the licensing officer and shall be a accompanied by the fees specified in sub rule (2).



2. [1] The fee payable under sub-rule (1) for grant or renewal of a licence shall be rupees five hundred for every insecticide for which the licence is applied subject to place, if any insecticide is sold, stocked or exhibited for sale at more than one place.



Provided that the maximum fee payable in respect of insecticides commonly used for household purposes and registered as such shall be rupees two hundred fifty for every place;



PROVIDED FURTHER that, if the place of sale is established in the rural areas, the fee shall be one fifth of the fee specified in this rule.



3. if any insecticide is proposed to be sold or stocked for sale at more than one place, separate applications shall be made and separate licences shall be issued in respect of every such place [2] and for every insecticides.



(3A) [3] Pest Control Operators-



i. any person who desires to undertake pest control operations, with the use of Aluminium Phosphide, methyl promide. Ethylene dibromide or as notified shall apply for a licence in Form VI-A with a fee of rupees one thousand for each place of operation. The licence granted for such operations shall be valid for a period of five years provided that the licence shall be renewed after verification or inspection at the expiry of this period on application in Form VI-B for a further period of five years with an application fee fo rupees one thousand.



ii. A licence to stock and use insecticides for pest control operators will be issued in Form VI-C.



iii. Any person who applies for grant of licence for undertaking pest control operations should be at least a graduate in Agriculture or in science with Chemistry as a subject with a certificate of minimum 15 days training from any of the following institutions- Central Food Techonological Research Institute, Mysore; indian Grain storage Institute, Hapur and National Plant Protection Training Institute, Hyderabad.



iv. For undertaking fumigation, the pest control operators shall have to contain special permission from the plant protection adviser to the Government of India in addition to obtaining licence. The plant protection adviser will grant such permission as per procedure or guide lines approved by the Registration committee.



v. The commercial pest control operators shall adhere to the prescribed guidelines or procedures as laid down by the Plant Protection adviser to the Government of India in regard to the fumigation operations undertaken by them.



4. [4] A licence to sell, stock or exhibit for sale or distribute insecticides shall be issued in Form VIII and shall be subject to the following conditions, namely:



i. The licence shall be displayed, in a prominent place in the part of the premises open to the public.



ii. The licence shall comply with the provisions of the Act, and the rules made thereunder of the time being in force.



iii. [5] Where the licensee wants to sell, stock or exhibit for sale or distribute any additional insecticides during the currency of the licence on payment of fees specified in sub-rule (2).



iv. [6] If the licensing officer is satisfied that a particular insecticide is harmful to human beings animals or environment, he may after recording reasons and referring the Insecticide to the Insecticide analyst, prohibit temporarily its sale for a period of thirty days or till he obtains the report of the analyst, whichever is earlier.



(4A) [7] (i) Every person shall along with his application for grant or renewal of a licence to undertake operation or sell, stock or exhibit for sale or distribute Insecticides, file a certificate from the principal whom he represents or desires to represent the Form VI-D..



(ii) The certificate to be issued by the principal shall be addressed to the licensing officer of the concerned area and shall contain full particulars of the principal including their registration and manufacturing licence numbers, full name and address of the person proposed to be authorised and also the type of formulations to be used in commercial pest control operations, sold, stocked or exhibited, for sale or distribution.



(iii) In order to verify the genuineness or otherwise of the certificate, the principal shall send to the licensing officer of the State where he intends to sell his products an adequate number of copies of the specimen signature or the specimen signatures of the persons authorised in writing to issued the principal's certificate.



(iv) In case of suspension, revocation or cancellation of the certificate, the principal shall forthwith intimate the licensing officer having jurisdiction.



5 [8] A licensing officer may, after giving a reasonable opportunity of being heard to the applicant refuse to grant any licence.



6. [9] A fee of rupees one hundred shall be payable for a duplicate copy of a licence issued under this rule if the original is defaced, damaged or lost.

FOOTNOTES:

1. Substituted by Insecticides (Amendment) Rules, 1999,dt. 20-5-1999.

2. Added by GSR 533(E), dt. 6-8-1993, w.ef. 6.8.1993.

3. Inserted by Insecticides (Amendment) Rules, 199.dt. 20-5-1999.

4. Substituted by GSR 474(E),dt. 24-7-19977.

5. Substituted by GSR 533(E), dt. 6-8-1993.

6. Inserted by Insecticides (Iind Amendment) Rules, 1999,dt. 20-5-1999.

7. Substitued by Insecticides (Iind Ammendment) Rules, 1999,dt. 20-5-1999.

8. Substituted by GSR 533(E),dt. 6-8-1993.

9. Substituted by insecticides (Amendment) rules,1999, dt. 20-05-1999.



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