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Core Purpose

Draft notification proposing the Insecticides (Ninth Amendment) Rules, 2023 to amend the Insecticides Rules, 1971 to mandate digital-form licensing, registers and record-keeping under section 36 of the Insecticides Act, 1968.

Detailed Summary

Issued by the Department of Agriculture and Farmers Welfare, Ministry of Agriculture and Farmers Welfare as Notification G.S.R. 868(E) dated 24 November 2023, this draft notification, published under section 36 of the Insecticides Act, 1968 (46 of 1968), proposes the Insecticides (Ninth Amendment) Rules, 2023 to amend the Insecticides Rules, 1971 (principal rules G.S.R. 1650(E) dated 19 October 1971, last amended by G.S.R. 827(E) dated 9 November 2023) in support of the Central Government's plan, presented at the 65th Central Insecticides Board meeting, to develop an Integrated Pesticide Management System through the Directorate of Plant Protection, Quarantine and Storage for real-time monitoring of the insecticide supply chain; the draft amends rules 9(1) and 10(1) to require licence applications for manufacture and sale/stock/distribution in digital form (Form II), with manufacturing licence fees of Rs. 2,000 per insecticide up to a maximum of Rs. 20,000, and further mandates digital-form registers, inspection reports, seizure receipts and fee payments under rules 15, 24, 25, 27, 30, 32, 33 and 34; objections to the draft may be submitted within thirty days to the Joint Secretary (Plant Protection) at Krishi Bhawan, New Delhi or via [email protected]; the notification is signed by Ashish Kumar Srivastava, Joint Secretary (Plant Protection), under File No. 12032/02/2023-PP-I.

Full Text

7387 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 685] NEW DELHI , WEDNES DAY , NOVEMBER 29, 2023/ AGRAHAYANA 8, 1945 CG-DL-E-29112023-250309 MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmers Welfare) NOTIFICATION New Delhi, the 24th November , 2023 G.S.R. 868(E).—The Central Government aims for development of Integrated Pesticide Management System (herein after referred to as IPMS) at National lev el through the Directorate of Plant Protection, Quarantine and Storage, Department of Agriculture & Farmers Welfare, Ministry of Agriculture & Farmers Welfare, Government of India. The IPMS will help overcome the current gaps and issues faced in the pestic ide value chain. Further, it will support the efforts of Government of India by enabling real -time monitoring of the supply chain of insecticides. Whereas, the proposal for the development of IPMS at National level has been presented in the 65th Central Insecticides Board meeting. The Central Government is of the opinion that circumstances have arisen, which render it necessary to make the rules as per the proposal consulted with the Central Insecticide Board. The following draft rules further to amend th e 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), is hereby published, as required by the said section, for information of all persons li kely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of thirty days from the date on which copies of this notification as published in the Gazette of India are made available t o the public; The Objections or suggestions which may be received from any person in respect of the draft rules before the expiry of the aforesaid period of thirty days shall be considered by the Central Government. Objections and suggestions in respect to the said draft rule may be forwarded to the Joint Secretary (Plant Protection), Ministry of Agriculture and Farmers Welfare, Department of Agriculture and Farmers Welfare, Krishi Bhawan, New Delhi -110 001 or through email at jspp [email protected]. DRAFT RULE S 1. Short title and Commencement: (1) These rules may be called the Insecticides (Ninth Amendment) Rules, 2023. (2) They shall come into force on the date of their final publication in the official Gazette. 2. In the Insecticides Rules, 1971 ( hereinafter referred to as the said rules), the following shall be amended, namely - (1) For sub -rule (1) of rule 9, following shall be substituted namely :- “(1) Application for the grant of a licence to manufacture any insecticide shall be made in digital form [Form II] 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) For sub -rule (1) of rule 10, following shall be substituted namely :- “(1) Applications for the grant of a licence to sell, stock or exhibit for sale or distribute insecticides shall be made in digital form [Form II] to the licensing officer and sh all be accompanied by the fees specified in sub - rule (2).” (3) In rule 15, (i) In Sub -rule (2), the word phrase “shall be entered insecticide wise, in a register (either in physical form or digital Form)” shall be substituted by “shall be made insectici de wise in digital form.” (ii) In Sub -rule (3), the word phrase “(either in physical from or digital Form)” shall be substituted by “in digital form”. (iii) For Sub -rule (4), following shall be substituted namely : - “Every manufacturer or importer shall ma intain in digital form of such sale, manufacture or import of technical Grade Insecticide and formulated Insecticide and submit the monthly statement or return to the licensing officer, in Appendix D1 to Form III and Appendix D2 to Form III respectively w ithin 15 days from the closing of the month.” (4) In Rule 24; (i) In sub rule (3), the word “in triplicate” shall be omitted. (ii) After Sub -rule (3), the following sub -rule (4) shall be inserted; “(4) The receipt and supply of report as stated in sub -rule (1) and (3) shall be made in digital form.” (5) In Rule 25, after Sub -rule 25(2), the following proviso shall be inserted ; “Provided further, the fee may be paid in the digital form.” (6) For sub -rule (6) of rule 27, following shall be substituted namely :- “(6) to maintain digital record of all inspections made and action taken by him in the performance of his duties including the taking of samples and seizure of stocks and to submit such record to the licensing officer.” (7) For Rule 30, following shall be substituted namely: - “30. Form of order not to dispose of stock. - An order by the Insecticide Inspector requiring a person not to dispose of any stock in his possession shall be in Fo rm V(A) either in physical or digital form.” (8) For Rule 32, following shall be substituted namely: - “32. Form of receipt for seized insecticide. - A receipt by an Insecticide Inspector for the stock of any insecticide seized shall be in Form V(B) either in physical or digital form.” (9) For Rule 33, following shall be substituted namely: - “33. Form of intimation for purpose of taking samples. - Where an Inspector takes a sample of an insecticide for the purpose of test or analysis, he shall intimate suc h purpose in writing in Form V(C) to the person from whom he takes it either in physical or digital form.” (10) In Rule 34, after Sub -rule 34(1) the following proviso shall be inserted; “Provided form of intimation for test or analysis may be issued in the digital form.” [F. No. 12032/02/2023 -PP-I] ASHISH KUMAR SRIVASTAVA , Jt. Secy. (PP) 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 the 19th October, 1971 and was amended vide G.S .R 827 (E) dated 9th November, 2023. Uploaded by Dte. of Printing at Government of India Press , Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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