Notification, 1986

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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TT'BLIIIEED BY ATJTEOBITY

1469 GI/85 (l) !mr- + trri sr 6rS fltro At E I fr 6-tro, {,& :_ dr qlgtll I "q-ff gPs-{

MINISTRY OF AGRICULTURE & RURAI-

DEVELOPMENT

(Department of Agriculturc & Cooperation)

ORDM,

New Q:lhi, the 28th January, 1986 - G.S.R. 7l(E).-In exercise of the powers con- bned by sectiqr 3 of the Essential eommodirics Act, 1955 (10 of 1955), the Cenrral Governmeut heretry rnakes the follcwing ordcr, namely :- l. Short tiUe, extent and coEEencrocnt.-Ttis older may b! galled the Jnsecticides (price, Stock Dlrylay and Subrdssion of Reports) Oraer, iC8O.

(2) It extends to the wholc ot Iodia.

(3) It shall coroe into forc€ with immediate ofect.

3. M8rufacturer and dealer to dlsplay stock and pric€ list of insecticidcs.-Every ranrfacturer or a dealer vfto makes or ofters to maki a retail sale of any insecticide shall prominently disglay in his place of busiress ;2. Defnition.-ln this order, unless the any process by which a Freparation con taining an iusecticide is formulaled;

contert

(a) "Act" means the Essential Comnodities Act, 1953 (r0 of 1955);

(ii) (b)'€ontroller" meaDs the person appointcd as Controucr of Insccticidcs by thC Cent- ral Govemment and includcs atry othEi person empowered by the Central Govem- rDent Lo cxcrrise all o1 any of lbe functions of thc Controller under this OrdeE

(c) "dealer" Eeans a p€rson carrying on the busines of selling insecticides, whether wholesale or retail, and includcs an agcnt of I dealer;

(i) any process or part of a process for mak- ing altering, finishing, packing, la.bel- Iing, breaking up or otherwise treating or sdopting any insecticide vith a view to its sale, distribution or use but does not Include the pacbng or breaking up of any insecticide in the ordinary cnrlrse of rctiil business; and

(d) "insecticide" shall have the mtaning as- signed to it in clauso (e) of section 3 of the Insecticides Act, 1968 (46 of 1968);

(e) "Inse.dicide lffpectot''means the Insecti- cide Insp€ctor appoinEd by the Ccntral or State Govemment under section 20 of the Insecticides Act, 1968 (46 of 1968)i (0 "manufacture", in relation lo any insecfl- cide, includes -

4. Manufacturcrs and dealers to give memoran- dum to purchases.-Every manufacturer or a dealer slall gvc a cash or cred'it memorandum to a pur- chaser of a ninsecticides in such form as the eon- troller may direct.

5. Manufacturers to coEply with certain requirc- m€nts ir regard to packing etc,-Every manufac- turer shell in rcgard to packing aad marking of con- tainers of insecticides couply with the following re- qu,rements, namely ;-

(a) every cool.einer in whicb any insccticide is packed shaJl bear such particulars as may from time to time be specified by the Controller in this behalf;

O) cvery container shall bc so packed and sEaled that tlte contents thereof cannot be tampered without breaking the seal; and

(a) the quantitics ot stock of diffcrent insecti- cides hetd by him on da.ily basis;

(b) a list of prices or rates of such insecticides for the time being in forcc.

(c) insecticides manufactured in India which are packed in bags shall be machinE- stitched in srrh a maaner that contents thereof cannot be tampered with, or with- out visible break in the stitching.

O) to submit to statemcnt in

(2) Without Fejudice to the generality of the provisions contained in sub-clause (1) the Controller may by an order notified in the Ofrcial Gazette, specify the rtquirements in regard to packlng and marking of containers of insecticides of any specific type or description whether such insecticides are manufactured in fndia or not.

(g) "maoufachrrer" means any person wbo ma[r{actures insecticides an! includes a formulator of the insecticides;

6. Maintenance of records and submission of re- turns etc.-The Crntroller may, by an order in writingi direct the manufactuer or the dealer or any class thereof, -

(a) to maintain $ch books, ac€lunts and re- cords relating to the manufacture and sale of insecticidcs in sucl form as hc may ryecrfy;

(b) '\ale",with its grammatical variations and co8nate c)Prcssions, means the sale o! any insecticide, whether for cash or on 6edit and thether by wholesale or retail.

ard includcs an ag;eement for sale, an ofrer for sale, the exposing for sale or hav- ing in possesion for sale of any insecti- cide and includcs also an atteEpt to s€ll any sgch insecticide.

such authority retums or suclr fona and co tahing 4 THE CAZETTE OF INDIA : EXTRAORDINARY [P^rr II-SEC. 3(i)l suc[ inforEation and within such tiEc as

(c) to Prodtce srrh stocb, aocouts, or ni- oords, w-bcn _so requircd for inspection, Fforc lhe Qontroller or tle Inspeitor oi Insoctbides or aay othcr authority as may bo spccified by t}e Controllcr in this bchalf.

7. Service of orders aad aircctions.-Any ordirq directioo made c issued by the Cortmilcr or by any othcr authodty utrder tbis order mav b< serled in thg Eurnner providat io sub-s€ctioo (-5) of section 3 of thc Act.

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Insecticides Act, 1968