(1)Applications for the grant [* * *] [Deleted 'or renewal' by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).] of a license to sell, stock or exhibit for sale or distribute insecticides shall be made in [Form VII] [Substituted by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).], [* * *] [Deleted 'as the case may be' by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).], to the licensing officer and shall be accompanied by the fees specified in sub-rule (2).(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; OrOne 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.] [Substituted by Notification No. G.S.R. 106(E), dated 1.2.2017 (w.e.f. 30.10.1971).](2)[ The fee payable under sub-rule (1) for grant [* * *] [ Substituted by G.S.R. 371(E), dated 20.5.1999, for sub-R. (2) (w.e.f. 20.5.1999).] of a license shall be rupees five hundred for every insecticide for which the license is applied. 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 licenses shall be issued in respect of every such place [and for every insecticide] [ Added by G.S.R. 533(E), dated 6.8.1993 (w.e.f. 6.8.1993).].[(3-A) Pest Control Operators - (i)Any person who desires to undertake pest control operations, with the use of Aluminium phosphide, Methyl bromide, Ethylene dibromide or as notified shall apply for a license in [Form VII] [ Inserted by G.S.R. 371(E), dated 20.5.1999 (w.e.f. 20.5.1999).] with a fee of rupees one thousand for each place of operation. The license granted for such operations shall be valid for a period of five years provided that the license shall be renewed after verification or inspection at the expiry of this period on application in [Form VII] [Substituted by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).] for a further period of five years with an application fee of rupees one thousand.(ii)A license to stock and use insecticides for pest control operators will be issued in [Form VIII] [Substituted by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).].(iii)Any person who applied for grant of license 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 Good 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 license. The Plant Protection Adviser will grant such permission as per procedure or guidelines 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 license 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 license shall be displayed in a prominent place in the part of the premises open to the public.(ii)The licensee shall comply with the provisions of the Act, and the rules made thereunder for the time being in force.](iii)[ Where the licensee wants to sell, stock or exhibit for sale or distribute any additional insecticides during the currency of the license, he may apply to the licensing officer for necessary endorsement on the license on payment of fee specified in sub-rule (2).] [ Substituted by G.S.R. 533(E), dated 6.8.1993 (w.e.f. 6.8.1993).](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.] [ Inserted by G.S.R. 372(E), dated 20.5.1999 (w.e.f. 20.5.1999).][(4-A)[(i) Every person shall along with his application for grant [* * *] [Inserted by G.S.R. 533(E), dated 6.8.1993 (w.e.f. 6.8.1993). ] of a license 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 in [Form IX] [Substituted by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).].] [ Substituted by G.S.R. 474(E), dated 24.7.1976 (w.e.f. 24.7.1976).](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 license 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. [Inserted by G.S.R. 533(E), dated 6.8.1993 (w.e.f. 6.8.1993). ](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 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 license.] [ Substituted by G.S.R. 533(E), dated 6.8.1993 (w.e.f. 6.8.1993).](6)[A fee of rupees one hundred shall be payable for a duplicate copy of license issued under this rule if the original is defaced, damaged or lost.] [ Substituted by G.S.R. 371(E), dated 20.5.1999 (w.e.f. 20.5.1999).](7)[ A certificate shall be submitted by all licencees under rule 9 and rule 10 in Form X to the licensing authority every year. The licensing officer shall conduct inspection of infrastructure, premises, stocks and records at least once every two years.] [Inserted by Notification No. G.S.R. 840(E), dated 5.11.2015 (w.e.f. 30.10.1971).]
