Insecticides Act, 1968 - Licensing Officer

12. Licensing Officer

The State Government may, by notification in the Official Gazette, appoint such person as it thinks fit to be licencing officer for the proposes of this Act and define the areas in respect of which they shall exercise jurisdiction.

13. Grant of License

1. Any person desiring to manufacture or to sell, stock or exhibit for sale or distribute any insecticide, or to undertake commercial pest control operations with the use of any insecticide may make an application to the licencing officer for the grant of a licence:

Provided that any person engaged in the business of manufacturing or selling, stocking or exhibiting for sale or distributing any insecticide immediately before the commencement of this section shall make an application to the licensing officer for the grant of a licence within a period of [seventeen months] from the date of such commencement:

Provided further that any person engaged in the commercial pest control operations immediately before the commencement of the insecticides (Amendment) Act, 1977 (24 of 1977), shall make an application to the licensing officer for the grant of a licence within a period of six months from the commencement of the said Act.

2. Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed.

3. On receipt of any such application for the grant of a licence, the licensing officer may grant a licence in such form, on such conditions and on payment of such fee as may be prescribed.

4. A licence granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fee as may be prescribed :

Provided that where a licence has been granted to any person who has made an application under [the first proviso or, as the case may be the second proviso] to sub-section (1), that licence shall be deemed to be cancelled in relation to any insecticide, the application for registration whereof has been refused or the registration whereof has been cancelled, under this Act, with effect from the date on which such refusal or cancellation is notified in the Official Gazette.

In prescribing fees the grant or renewal of licences under this section, different fees may be prescribed for the sale or distribution of insecticides for purposes of domestic use and for other purposes.

14. Revocation, suspension and amendment of licenses

1. If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-

a. The licence granted under section 13 has been granted because of misrepresentation as to an essential fact; or
b. The holder of a licence has failed to comply with the conditions subject to which the licence was granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.

2. Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under section 13.

15. Appeal against the decision of a licensing officer

(1) Any person aggrieved by a decision of licensing officer under section 13 (except under the proviso to sub-section (4)) or section 14 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in such manner and on payment of such fee as may be prescribed:

Provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of showing cause, dispose of the appeal ordinarily within a period of six months and the decision of the appellate authority shall be final.