Insecticides Rules, 1971 - Grant of Licences

CHAPTER IV - GRANT OF LICENCES

9. Licences to manufacture insecticides

1. Application for the grant or renewal of a licence to manufacture any insecticide shall be made in Form III or Form IV, as the case may be, to the licensing officer and shall be accompanied by a fee of rupees two thousand for every insecticide and a maximum of rupees twenty thousand for all insecticides for which the licence is applied.

2. If an insecticide is proposed to be manufactured at more than one place, separate applications shall be made and separate licences shall be issued in respect of every such place.

3. A licence to manufacture insecticides shall be issued in Form V and shall be subject to the following conditions, namely:

i. The licence and any certificate of renewal shall be kept on the approved premises and shall be produced for inspection at the request of an Insecticide Inspector appointed under the Act or any other officer or authority authorized by the licensing officer.

ii. Any change in the expert staff named in the licence shall forthwith be reported to the licensing officer.

iii. If the licensee wants to undertake during the currency of the licence to manufacture for sale of additional insecticides, he shall apply to the licensing officer for the necessary endorsement in the licence on payment of the prescribed fee for every category of insecticides.

iv. An application for the renewal of a licence shall be made as laid down in rule 11.

v. The licensee shall comply with the provisions of the Act and the rules made there under for the time being in force.

vi. The licensee shall obtain ISI Mark Certificate from Bureau of Indian Standard within three months of the commencement of the manufacture.

vii. No Insecticides shall be sold or distributed without ISI Mark Certification.

4. A licensing officer may, after giving reasonable opportunity of being heard, to the applicant, refuse to grant any license.

4A. No license to manufacture an insecticide shall be granted unless the licensing officer is satisfied that necessary plant and machinery, safety devices and first-aid facilities, etc., exist in the premises where the insecticide is proposed to be manufactured.

5. A fee of rupees one hundred shall be paid for a duplicate copy of a licence issued under this rule, if the original is defaced, damaged or lost.

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 or Form VII, as the case may be, to the licensing officer and shall be accompanied by the fees specified in sub-rule (2).

2. 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 maximum rupees seven thousand five hundred. There shall be a separate fee for each 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 seven thousand five hundred 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 [and for every insecticides.]

3A. Pest Control Operators—

i. Any person who desires to undertake pest control operations, with the use of Aluminum Phosphide, Methyl bromide. 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 of 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 Technological 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 obtain 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. 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 there under for the time being in force.

iii. Where the license wants to sell, stock or exhibit for sale or distribute any additional insecticides during the currency of the licence, he may apply to the licensing officer for necessary endorsement on the licence on payment of fees specified in sub-rule (2).

iv. 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. 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 authorized 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, 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 authorized in writing to issue 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. A licensing officer may, after giving a reasonable opportunity of being heard to the applicant refuse to grant any licence.

6. 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.

10A. Segregation and disposal of date-expired pesticides

a. Immediately after the date of expiry all such stocks after being segregated and stamped `not for sale’ or `not for use’ or `not for manufacture’, as the case may be, shall be kept by the licensee in a separate place specially demarcated for the purpose with a declaration, date-expired insecticide, to be exhibited on the conspicuous part of the place.

b. All such stocks then shall be disposed of in an environment friendly manner as may be specified from time to time by the Central Government in consultation with the Central Insecticides Board and shall not be used for remanufacture.

10B. Special provision with regard to sulphur - With regard to insecticide sulphur and its formulations, all licensees shall,--
a. observe all precautions to prevent its theft;
b. report any such theft to the nearest police authorities promptly; and
c. maintain a separate register showing names and addresses of all the persons to whom it has been sold or distributed and the quantities to be sold or distributed.

10C. Prohibition against sale or storage of insecticides in certain places

No person shall manufacture, store or expose for sale or permit the sale or storage of any insecticide in the same building where any articles consumable by human beings or animals are manufactured, stored or exposed for sale.

Explanation : Nothing contained in this rule will apply to the retail sales of household insecticides from the building wherefrom other articles consumable by human beings or animals are usually sold provided such household insecticides have been registered as such and are packed and labelled in accordance with these rules.

11. Duration of licences

a. Any licence issued or renewed under this chapter shall, unless sooner suspended or cancelled, be in force for a period of two calendar years:

PROVIDED that the licence to manufacture insecticides, if any, issued on the basis of provisional registration granted under sub-section (3-B) of section 9, shall expire on the date of expiry of the provisional registration:

PROVIDED further that the licence granted by endorsement on the main licence under clause (iii) of sub-rule (8) of rule 9 or under clause (iii) of sub-rule (4) of rule 10 or under sub-rule (3) of rule 10-A shall expire or be renewable along with the main licence.

b. An application for the renewal of a licence shall be made before its expiry and if such an application is made after the date of expiry but within three months from such date, a late fee of—
i. rupees five hundred for the first month or part thereof, rupees one thousand for the second month or part thereof and rupees one thousand and five hundred for the third month or par thereof, in case of licence to manufacture insecticides or to carry pest control operations;

ii. rupees one hundred for the first month or part thereof, rupees two hundred for the second month or part thereof and rupees three hundred for the third month or part thereof, in case of any other licence shall be paid along with the application for renewal:

PROVIDED that where the main pest control operation unit or the place of sale is located in the rural areas, the late fee shall be one-fifth of the said late fee:

PROVIDED further that n case of death or disability of the licensee, the Licensing Officer may after recording reasons in writing, exempt the applicant from payment of the late fee.

Explanation: (1) Where an application for renewal is made before the expiry of the licence and the order regarding refusal or renewal is passed after the expiry of the licence, the applicant shall be deemed to have been carrying on his business in accordance with the expired licence till the date of communication of the final order on that application.

2. Where an application for renewal is made after the expiry of the licence with late fee, the applicant shall be deemed to have been carrying on his business in accordance, with the expired licence (from the date of expiry) till the date of communication of the final order on that application.

c. The licence shall continue to be in force until it is renewed or revoked. Where an appeal is preferred under Section 15, the licence shall continue to be revoked until disposal of appeal or as ordered by the appellate authority pending disposal of the appeal.

d. A licensing officer may, after giving an opportunity of being heard, refuse to renew the licence [for reasons to be recorded in writing].

12. Conditions of licence

a. Subject to conditions laid down in sub-rule (3) of rule 9, under sub-rule (4) of rule 10, a licence shall not be granted to any person under this chapter unless the licensing officer is satisfied and the premises in respect of which licence is to be granted are adequate and equipped with proper storage accommodation for avoiding any hazards for preserving the properties of insecticides in respect of which the licence is granted.

b. In granting a licence, the licensing officer shall have regard, among other things to—

i. the number of licences granted in the locality during any year; and

ii. the occupation, trade or business carried on by the applicant.

13. Varying or amending a licence

The licensing officer may either on an application made by the licensee or if he is satisfied that the conditions under which a licence has been granted under this chapter have been changed that it is necessary so to do, vary or amend a licence, [after satisfying himself that the Registration Committee has amended the registration certificate and after giving an opportunity of being heard to the person holding the licence].

14. Transfer of licence

1. The holder of a licence may, at any time, before the expiry of the licence, apply for permission to transfer the licence to any other person.

2. The application under sub-rule (1) shall be accompanied by a fee of rupees one hundred.

3. The licensing officer may, after such inquiry as he thinks fit, accord permission to transfer the licence and on such permission being given, an endorsement to that effect shall be made in the licence.

4. If the permission to transfer a licence is refused, the fee paid therefore shall be refunded to the applicant.

15. Issuing cash memo and maintenance of records

1. All sales of insecticides shall be made by a bill or cash memo in the form prescribed under any law.

2. All sales of insecticides made to a licensed manufacturer (formulator or packer), stockist, distributor, dealer, retailer or to a bulk consumer shall be entered insecticide wise, in a register in Form XIII and a state wise monthly return of all sales to actual consumers shall be sent to the licensing officer, in Form XIV within 15 days from the close of the month.

3. Every importer or manufacturer of insecticide shall maintain a stock register in Form XV for technical grade insecticides and in Form XVI for formulated insecticides.

4. Without prejudice to the foregoing, the Central Government or the State Government or any other person authorized by it may, by notice in writing require any importer or manufacturer or any other person dealing in insecticides to furnish within the time specified in the notice, such information with respect of any insecticides or any batch thereof, including the particulars of all persons to whom it has been sold or distributed, as it may consider necessary.