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In exercise of the powers
conferred by Section 3 of the Essential Commodities Act, 1955
(10 of 1955), the Central Government hereby makes the following
order, namely;
1.
Short title,
extent and commencement :-
a.
This order may
be called the Insecticides (Price, Stock Display and Submission
of Reports) Order, 1986.
b.
It extends to
the whole of India.
c.
It shall come
into force with immediate effect.
2. Definition :- In this Order, unless
the context otherwise requires, --
a.
"Act" means the
Essential Commodities Act, 1955 (10 0f 1955) ;
b.
"Controller"
means the person appointed as controller of Insecticides by the
Central Government and includes any other person empowered by
the Central Government to exercise all or any of the functions
of the Controller under this Order ;
c.
"dealer"
means a person carrying on the business of selling insecticides,
whether wholesale or retail, and includes an/agent of a dealer ;
d.
"Insecticide"
shall have the meaning assigned to it in Clause (e) of section 3
of the Insecticides Act, 1968 (46 of 1968 );
e.
"Insecticide
Inspector" means the Insecticide Inspector appointed by the
Central or State Government under Section 20 of the Insecticides
Act (46 0f 1968 ;
f.
"Manufacturer",
in relation to any insecticide, includes;
i.
Any process or part
of a process for making, altering, finishing, packing, labeling,
breaking up or otherwise treating or adopting any insecticide
with a view to its sale, distribution or use but does not
include the packing or breaking up of any insecticide in the
ordinary course of retail business; and
ii.
Any process by
which a preparation containing an insecticide is formulated;
g.
"Manufacturer"
means any person who manufactures insecticides and includes a
formulator of the insecticides;
h.
"Sale"
with its grammatical variations and cognate expressions, means
the sale of any insecticide, whether for cash or on credit and
whether by wholesale or retail, and includes an agreement for
sale, an offer for sale, the exposing for sale or having in
possession for sale of any insecticide and includes also an
attempt to sell any such insecticide.
3.
Manufacturer and dealer to display stock and price list of
insecticides :-
Every manufacturer or a dealer
who makes or offers to make a retail sale of any insecticide
shall prominently display in his place of business;
a. The
quantities of stock of different insecticides held by him on
daily basis;
b.
A list of prices or
rates of such insecticides for the time being in force.
4.
Manufacturers and dealers to give memorandum to purchasers :-
Every manufacturer or a
dealer shall give a cash or credit memorandum to a purchaser of
an insecticide in such form as the Controller may direct.
5.
Manufacturers to comply with certain requirements in regard to
packing etc.
:-
(1)
Every
manufacturer shall in regard to packing and marking of
containers of insecticides comply with the following
requirements, namely;-
a.
Every container
in which any insecticide is packed shall bear such particulars
as may from time to time be specified by the Controller in this
behalf ;
b.
Every container
shall be so packed and sealed that the contents of which cannot
be tampered without breaking the seal and
c.
Insecticides
manufactured in India which are packed in bags shall be
machine-stitched in such a manner that contents thereof cannot
be tampered with, or without visible break in the stitching.
(2)
Without
prejudice to the generality of the provisions contained in
sub-clause (1) The Controller may by an order notified in the
official Gazette, specify the requirements in regard to packing
and marking of containers of insecticides of any specific type
or description whether such insecticides are manufactured in
India or not.
6.
Maintenance of records and submission of returns etc.
:-
The Controller May, by an
order in writing , direct the manufacturer or the dealer or any
class thereof,-
a.
To maintain
such book, accounts and record relating to the manufacture and
sale of insecticides in such form as he may specify ;
b.
To submit to
such authority returns or statement in such form and containing
such information and within such time as he may specify ;
c.
To produce such
stocks accounts, or records, when so required for inspection ,
before the Controller or the Inspector of Insecticides or any
other authority as may be specified by the Controller in this
behalf.
7.
Service of orders and directions
:- Any order or direction made or issued by the
Controller or by any other authority under that order may be
served in the manner provided in sub-section (5) of Section 3 of
the Act.
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