- (1.) The Joint Expert Committee vide its Report dated 24th August, 2011 indicated that a quantity of 2698.056 KL of Endosulfan Formulation (w/w) was lying in stock, unsold as an inventory. One of the prayers in IA No. 11 of 2011 moved by the Association is to permit the manufacturers and formulators to export the existing stock of 2698.056 KL of Endosulfan Formulation (w/w).
(2.) In continuation of our Order dated 30th September, 2011 and for the reasons contained therein, we hereby permit the 34 units of manufacturers and formulators, whose names are mentioned in Annexure 'B' to the Reportof the Joint Export Committee, to export the existing stock of 2698.056 KI, of Endosulfan Formulation in w/w form on the following conditions: (a) Within the week from today. Hindustan Insecticides. Excel Crop Care and Coromandel Int'l shall hold a meeting and decide the existing quantity of Endosulfan Formulation which each of the three companies could dilute, repackage and export. Accordingly. Hindustan Insecticides, which is a public sector undertaking, shall communicate to the Association the exact quantity of the existing stock of the Formulation in w/w form which each of the above three companies would be able to dilute and repackage. To such Association, each company or firm or unit falling in SI. Nos. 4 to 34 will hand over their respective quantities of the Formulation in w/w form. The Association in turn will hand over the Endosulfan Formulation existing stock not on pro rata basis but on the preferential basis. The first preference will be for Hindustan Insecticides. Beyond the capacity of Hindustan Insecticides, the next batch to Excel Crop Care and the remaining to Coromandel Int'l. The exercise of dilution and repackaging should be completed within one week from the date on which the Formulation is handed over to the respective concerns. (b) Once the Endosulfan Formulation is ready for export, the same shall be exported by companies/firms/units stated at Sl. Nos. 4 to 34 of the said Annexure 'B'. through Hindustan Insecticides, at their own risk and responsibility and subject to all safety measures as may be applicable to such exports. (c) Hindustan Insecticides would be entitled to recover all costs, charges and expenses from the companies/ firms/units at Sl. Nos. 4 to 34 of the said Annexure 'B' which it incurs to carry out the above directions of this Court. The companies/firms/units shall pay the amount within three days of demand being raised upon them. (d) All other conditions relating to inspection and export mentioned in our earlier Order dated 30th September, 2011 shall be followed.
(3.) It is clarified that the permission for dilution should in no way directly or indirectly be treated as permission to manufacture Endosulfan Formulation in any form whatsoever or increase its quantity afore-referred.;