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Insecticides (Madhya Pradesh Appeal) Rules, 1976

The Insecticides (Madhya Pradesh Appeal) Rules, 1976

Published vide Notification No, B-6-60-73-2-14, dated 13-9-1976, M.P. Rajpatra Part 4 (Ga), dated 19-11-1976, Page 788

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In exercise of the powers conferred by the Section 37 of the Insecticides Act, 1968 (No. 46 of 1968), the State Government hereby makes the following rules, the same having been previously published, as required by sub-section (1) of the said section, namely :

  1. Short title.- These rules may be called the Insecticides (Madhya Pradesh Appeal) Rules, 1976.
  2. Definitions.- In these rules, unless the context otherwise requires,-

(a) "Act" means the Insecticides Act, 1968 (No. 46 of 1968);

(b) "Section" means a section of the Act.

  1. Appeal.- (1) Any person aggrieved by a decision of the licensing officer under Section 13 except under the proviso to sub-section (4) thereof or Section 14, may appeal, within a period of thirty days from the date on which the decision of the licensing officer has been communicated to him, to-

(a) the Director of Agriculture, Madhya Pradesh, Bhopal if such decision is relating to the licence to manufacture insecticides;

(b) the Joint Director of Agriculture, if such decision is relating to the licence to sale, stock or exhibit for sale or distribute insecticides.

(2) The appeal shall be in writing and shall set out concisely and under distinct heads the grounds on which the appeal is preferred.

(3) Every appeal shall be accompanied by a treasury challan evidencing the payment of Rs. 50 per pesticide subject to a maximum of Rs. 500 and a copy of the decision appealed against.

(4) The fee payable for preferring an appeal shall be deposited under head "105 Agri-As-other receipts".

(5) Every such appeal shall be presented either in person or through an agent duly authorised in writing in this behalf by the appellant or may be sent by registered post.

  1. Procedure to be followed by the appellate authority.- In deciding appeals under this Act, the appellate authority shall follow the same procedure which a Court follows in deciding appeals from decree or order of an original Court under the Code of Civil Procedure, 1908 (No. 5 of 1908).