August 6, 2021 : On 25 May 2021, the Government of Chhattisgarh issued a notification bringing into force the Chhattisgarh Insecticides Appeal Rules, 2021. These rules were framed under Section 37 of the Insecticides Act, 1968 and became effective from the date of their publication in the Official Gazette.
The rules establish a structured system for filing appeals against decisions taken under the Insecticides Act within the state. Their primary purpose is to provide a clear and legally defined remedy for individuals or entities aggrieved by orders relating to insecticide licenses. By laying down specific authorities, procedures, and fees, the state government has ensured that the appeal process is transparent and uniform.
Under the new framework, the appellate authority depends on the type of license involved. If the dispute relates to a license for manufacturing insecticides, the appeal must be filed before the Director, Agriculture, Chhattisgarh, Raipur. In cases concerning licenses to sell, stock, exhibit for sale, or distribute insecticides, the forum varies according to the level of the license. Appeals against decisions involving a state-level license are to be filed before the Director, Agriculture, Chhattisgarh, Raipur, while matters relating to a district-level license must be taken to the Joint Director, Agriculture of the concerned Division. This division of authority ensures administrative clarity and avoids confusion for applicants.
The rules make it mandatory that every appeal be submitted in writing. The grounds of appeal must be briefly stated under appropriate headings so that the issues in dispute are clearly presented. An appeal may be filed personally by the appellant, through a duly authorized agent, or sent through a duly registered nationalized postal service. This allows flexibility while maintaining procedural discipline.
A prescribed fee is required for filing an appeal. For appeals at the state level, a fee of ₹500 is payable, while appeals at the district level require a fee of ₹200. The appeal must be accompanied by a treasury invoice as proof of payment and a copy of the decision against which the appeal has been preferred. The notification also specifies the exact accounting heads under which the fees must be credited, including “Other Agriculture Programmes” and related sub-heads concerning license fees and administrative charges. This ensures proper financial documentation and accountability.
Importantly, the rules provide that while deciding appeals under the Act, the appellate authority shall follow the same procedure that is followed by a court when deciding appeals against decrees or orders of an original court under the Code of Civil Procedure, 1908. This requirement aligns the administrative appeal process with established judicial standards, reinforcing fairness and due process.
Overall, the Chhattisgarh Insecticides Appeal Rules, 2021 bring greater clarity and structure to the regulatory system governing insecticide licenses in the state. They define where appeals must be filed, how they must be presented, what fees are payable, and the procedure to be followed. For manufacturers, sellers, and distributors operating under the Insecticides Act, these rules provide a clear and dependable pathway to seek redress against adverse decisions.
Source: Chhattisgarh Rajpatra (Extra-Ordinary) No. 428, dated 06 August 2021, Notification No. No./2485/F-16/01/Plant Prot./ 2012/14-2, Atal Nagar, dated 25 May 2021.
Author: Kundan Jha, Bilaspur, Chhattisgarh
