- (1.) SINCE the issue arises in the aforesaid petitions is same, hence, same are being taken up together and for the same of convenience, the facts are being taken up from CWP No.1474 of 1994.
(2.) CHALLENGE in this petition is to the orders Annexures P -5 and P -7, whereby the licence granted to the petitioner(s) under the Insecticide Act has been cancelled. The sample taken from the petitioner company was manufactured by M/s Unikal Pesticides Private Limited, Vidisha (M.P.) After getting analysed, the sample from the Insecticide Testing Laboratory, Bhatinda, same was found misbranded. The licences were cancelled under Section 14 of the Insecticides Act.
(3.) THE present writ petition was admitted on 3.2.1994 and operation of the impugned order was stayed till further orders. Rule 11 of the Insecticide Act is reproduced hereunder : - "311. Duration of licences - - (a) Any licence issued or renewed under this chapter shall, unless sooner suspended or cancelled, be in force for a period of two calendar years: Provided that the licence to manufacture insecticides, ifany, issued on the basis of provisional registration granted under sub -section (3B) of Section 9, shall expire on the date of expiry of the provisional registration: Provided further that the licence granted by endorsement on the main licence under clause (iii) of sub -rule (8) or rule 9 or under clause (iii) of sub -rule (4) of Rule 10 under sub -rule (3) of Rule 10A shall expire or be renewable along with the main licence. (b) An application for the renewal of a licence shall be made before its expiry and if such an application is made after the date of expiry but within three months from such date, a late fee of - - [(i) rupees five hundred for the first month or part thereof, rupees one thousand for the second month or part thereof and rupees one thousand and five hundred for the third month or part thereof, in case of licence to manufacture insecticides or to carry pest control operations; (ii) rupees one hundred for the first month or part thereof, rupees two hundred for the second month or part thereof and rupees three hundred for the third -month or part thereof, in case of any other licence shall be paid alongwith the application for renewal: Provided that where the main pest control operation unit or the place of sale is located in the rural areas, the late fee shall be one -fifth of the said late fee; Provided further that in case of death or disability or the licensee, the Licensing Officer may after recording reasons in writing, exempt the applicant from payment of the late fee.] Explanation - - (1) Where an application for renewal is made before the expiry of the licence and the order regarding refusal or renewal ispassed after the expiry of the licence, the application shall be deemed to have been carrying on his business in accordance with the expired licence till the date of communication of the final order on that application. (2) Where an application for renewal is made after the expiry of the licence with late fee, the applicant shall be deemed to have been carrying on his business in accordance with the expired licence (from the date of expiry) till the date of communication of the final order on that application.]";