SIKKIM AGRICULTURAL, HORTICULTURAL INPUT AND LIVESTOCK FEED REGULATORY ACT, 2014

Act No. 10 of 2014

28th November, 2014

An Act to regulate the import, sale, distribution and use of inorganic Agricultural, Horticultural Inputs and Livestock Feed to prevent risk to human beings or animals and environment and to make the State of Sikkim an Organic State and for matters connected therewith.

Read full Act

S.1 Short Title, Extent and Commencement

(1) This Act may be called the Sikkim Agricultural, Horticultural input and Livestock Feed Regulatory Act, 2014.

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.

S.2 Definitions

In this Act unless the context otherwise requires-

"animals" means animals useful to human beings and also includes fish and fowl and such kinds of wildlife as the State or Central Government may by notification in the Official Gazette specify being kinds which in its opinion it is desirable to protect or preserve;
"farm unit" means an agricultural farm, area or production unit managed organically by a farmer or a group of farmers;
"State Government" means the Government of Sikkim through the Department of Food Security and Agriculture Development and Horticulture and Cash Crops Development;
"green manure" means manure consisting of fresh green plant matter which is ploughed in or turned into the soil for the purposes of soil improvement;
"habitat" means the area in which a plant or animal species naturally exists;
"inputs" means those items which are categorised as "inputs prohibited", "inputs permitted" and "inputs restric

S.3 Prohibition of Import of Inorganic Agricultural, Horticultural Inputs and Livestock Feed

No person shall himself or by any person on his behalf import into Sikkim,-

(a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed for sale or distribution or use of which is for the time being prohibited and restricted under clause (h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs and Livestock Feed in contravention of any other provision of this Act or of rules made there under.

S.4 Prohibition of Sale etc. of Inorganic Agricultural, Horticultural Inputs and Livestock Feed

No person shall himself or by any person on his behalf sell, stock or exhibit for sale, distribute, transport, use or caused to be used:-

(a) any inorganic Agricultural, Horticultural Inputs and Livestock Feed which is for the time being prohibited and restricted under clause (h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs and Livestock Feed in contravention of any other provision of this Act or of any rule made there under.

S.5 Prohibition of use in Cultivation of crop of inorganic Agricultural and Horticultural Inputs

No person shall himself or by any person on his behalf put to use for cultivation or stock:-

(a) any inorganic Agricultural, Horticultural Inputs which is for the time being prohibited and restricted under clause (h) and (i) of Section 2;
(b) any inorganic Agricultural, Horticultural Inputs in contravention of any other provision of this Act or of any rule made there under.

Explanation:- For the purpose of this section, organic seed and plant materials shall be used for cultivation but when certified organic seed and plant materials are not available, chemically untreated conventional materials shall be used with the permission of State Government as per the provision contained in Section 8 of the Act. The use of genetically engineered seeds, pollen, trans-gene plants or plant material is prohibited for cultivation.

S.6 Prohibition of use in Poultry Farming and Cattle Farming of in Organic Livestock Feed

No person shall himself or by any person on his behalf put to use in poultry farming and cattle farming or stock:-

(a) Any livestock feed which is for the time being prohibited and restricted under clause (h) and (i) of Section 2.
(b) Any inorganic livestock feed in contravention of any other provision of this Act as or of any rule made there under.

'Explanation: For the purpose of this section livestock feed containing Atrazine, Arsenic based compounds and all forms of Animal Protein including chicken litter are prohibited for use in Poultry and Cattle Farming.

Explanation: For the purpose of this section, the following products shall not be included nor added to the feed given to farm animals:

(i) synthetic growth stimulants;
(ii) synthetic appetizers;
(iii) artificial colouring agents;
(iv) farm animals by products;
(v) pure amino acids;
(vi) genetically engineered organisms or p

S.7 Protection of Habitat

No person shall himself or by any person on his behalf put to use or stock in Sikkim:-

(a) Any inorganic Agricultural, Horticultural Inputs, Livestock feed which is for the time being prohibited and restricted for the protection and preservation of any area defined as a habitat.
(b) any inorganic Agricultural, Horticultural Inputs, Livestock Feed in contravention of any other provision of this Act or of any rule made there under.

S.8 Import, Sale and use of Restricted Inputs

(1) Any person desiring to import or to sell, stock, exhibit for sale or distribute or use in the cultivation of crop, any restricted agricultural and horticultural inputs may make an application to the State Government for the grant of permission to import or to sell, stock, exhibit for sale or distribute or use in the cultivation of crop any restricted agricultural inputs.

(2) Any person desiring to import or to sell, stock, exhibit for sale or distribute or use in Cattle Farming or Poultry Farming any restricted items of Livestock Feed may make an application to the State Government for the grant of permission.

S.9 Organic Regulatory Inspectors

(1) The State Government may by notification in the Official Gazette appoint such number of persons as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Organic Regulatory Inspectors for such area as may be specified in the notification;

(2) Every Organic Regulatory Inspector shall be deemed to be a Public Servant;

(3) The State Government may by notification also designate/appoint such other officials as Additional Regulatory Inspector for the purpose of assisting the Organic Regulatory Inspector.

S.10 Powers of Organic Regulatory Inspectors

The powers and functions of the Organic Regulatory Inspectors shall be such as may be prescribed by the rules made there under.

S.11 Offences and Punishment

Whoever,-

(a) Imports, sells, stocks, or exhibits for sale or distributes for commercial purposes any Inorganic Agricultural, Horticultural Inputs and Livestock Feed which are prohibited and restricted under clause (h) and (i) of Section 2 or;
(b) puts to use in the cultivation of farm land or stocks in a farm land inorganic Agricultural, Horticultural Inputs or;
(c) puts to use and stocks for poultry farming and cattle farming Inorganic Livestock Feed prohibited and restricted under clause (h) and (i) of Section 2 or;
(d) puts to use or stocks inorganic Agricultural, Horticultural inputs and Livestock feed which are prohibited in an area defined as habitat or;
(e) Prevents or obstructs an Organic Regulatory Inspector in the exercise of his powers or discharge of his duty under this Act or the rules made there under shall be punishable:

(i) with imprisonment of either description for a term which may extend to 3 m

S.12 Cognizance and Trial of Offences

1. No prosecution for an offence under this Act shall be instituted except by official/officials authorised in this behalf by general or special order issued by the State Government in this behalf.

2. All offences under this Act made there under shall be triable in the Court of Judicial Magistrate upon a complaint instituted as per the provision of sub-section (1)

S.13 Protection of action taken in Good Faith

No suit, prosecution or other legal proceedings shall lie against the Government or any officer of the Government or any other person exercising any powers or discharging any functions or performing any duties under this Act for anything done in good faith or intended to be done under this Act or any rule made there under.

S.14 Applicability of Other Laws not barred

The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

S.15 Power of the State Government to make Rules

The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.

S.16 Repeat and Saving

(1) The Sikkim Agricultural, Horticultural Input and Livestock Feed Regulatory Ordinance, 2014 (Ordinance No. 1 of 2014), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers conferred by or under that Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this act was in force on the day on which such thing was done or such action was taken.