Notification, 2017

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.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 83] NEW DELHI, MONDAY, FEBRUARY 6, 2017/MAGHA 17, 1938

MINISTRY OF AGRICULTURE AND FARMERS WELFARE

(Department of Agriculture, Co-operation and Farmers Welfare)

NOTIFICATION

New Delhi, the 1st February, 2017

G.S.R. 106(E).—Whereas certain draft rules further to amend the Insecticides Rules, 1971, which the Central Government proposes to make in exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968) was published under the notification of the Government of India in the Ministry of Agriculture and Farmers Welfare (Department of Agriculture, Co-operation and Farmers Welfare) vide number

G.S.R. 808(E), dated 17th August, 2016, in the Gazette of India, Extraordinary Part-II, Section-3, Sub-section (i), dated 20th August, 2016, inviting objections or suggestions from all persons likely to be affected thereby, before the expiry of the period of forty five days from the date on which the copies of the Gazette containing the said notification were made available to the public; And whereas, copies of the said Gazette notification were made available to the public on the 20th August, 2016; And whereas, objection or suggestion were duly considered in respect of the said notification; And whereas, the Central Government is of the opinion that circumstances have arisen, which render it necessary to make rules without consultation with the Board; And whereas in terms of the proviso to section 36 of the Act, the Board shall be consulted within six months of making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendments of the said rule;

Now, therefore, in exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968), the Central Government hereby makes the following rules, further to amend the Insecticides Rules, 1971, namely:-

1. Short title and commencement.—(i) These rules may be called the Insecticides (Second Amendment) Rules,

(ii) They shall come into force on the date of their publication in the Official Gazette.

2. In the Insecticides Rules, 1971, in rule 10, for sub-rule (1A), the following shall be substituted namely:— “(1A) Person who applies for the grant of licence to sell, stock or exhibit for sale or distribute insecticides shall possess or employ a person possessing a graduate degree in Agricultural Sciences or Biochemistry or Biotechnology or Life Sciences or in Science with Chemistry or Botany or Zoology from a recognised university or Institute ; Or One year diploma course in Agriculture or Horticulture or related subjects from any government recognised university or institute with course content on plant protection and pesticides management: Provided that all retailers or dealers possessing a valid licence without the prescribed qualification as on the date of publication of these rules as amended by The Insecticides (Second Amendment) Rules, 2017 shall be allowed a period of two years to comply with the said qualifications:

Provided further that the existing licensee of pesticides, who are more than forty-five years of age and who have been running their trade either themselves or have inherited with cumulative period of experience of more than ten years as on the date of publication of these rules as amended by The Insecticides (Second Amendment) Rules, 2017 and the annual turn over is less than Rs. five lakh are exempted from the aforesaid rule for a period of licenceship continuing in their name.

(3) The payment of salary of the employee shall be made by licensees through digital mode or by a cheque to ensure that the person is employed with them”.

ASHWANI KUMAR, Jt. Secy.

Note : The Principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number

G.S.R. 1650 (E), dated 19th October, 1971, and subsequently amended vide:-

14.

G.S.R. 164(E), dated 15th February, 2016 and and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

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