(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 inorganicAgricultural, Horticultural Inputs, Livestock Feed in .contravention of any other provision of this Act or of any rule made there under.
of Restricted Inputs.
Import, Sale and use 8. (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.
-4- Organic Regulatory Inspectors.
9. (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.
Powers of Organic 10. The powers and functions of the Organic Regulatory Inspectors shall Reg u I a tor y be such as may be prescribed by the rules made there under.
Inspectors.
Offences Punishment.
and 11. 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 months, or with fine which may not be less than RS.25, 000/- (Rupees twenty-five thousand) only but shall not exceed more than Rs. 1,00,000/- (Rupees one lakh) or with both.
-5- Cognizance and trial of offences.
Protection of action taken in good faith.
Applicability of 14.
other laws not barred.
Power of the State 15.
Government to make Rules.
Repeal and saving. 16.
1 I If any person who has been convicted of the commission 11 an offence punishable under this Act shall be punished fOlt the second and every subsequent offence with a fine whiclil may extend to twice the amount imposed on him in hi~ previous conviction: n
Provided that the Court may for reasons to be recorded i~I judgement. impose a fine exceeding the fine for which a I person is liable. 'It I,
12. 1. No prosecution for an offence under this Act shall be institute~l ,,I except by official/officials authorised in this behalf by general or special~ order issued by the State Government in this behalf. 11
2. All offences under this Act made there under shall be triable in thel Court of Judicial Magistrate upon a complaint instituted as per the:
(ii) provision of sub-section(1)
13.
~ 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.
The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.
The State Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.
(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 ortaken 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.
-6-
1.
(a)
(b)
(c)
SCHEDULE -I (See Section 2) I. Products for Use in Fertilizing and Soil Conditioning Matter Produced on an Organic Farm Unit Farmyard and poultry manure, slurry, urine Crop residues and green manure Straw and other mulches
2. Matter Produced Outside the Organic Farm Unit
(a) Blood meal, meat meal, bone meal and feather meal without Preservatives Compost made from any carbon based residues (Animal excrement includi!lg poultry)
(b)
(c)
(d)
(e)
(f)
(g)
(h) Farmyard manure, slurry, urine("factory" farming sources prohibited) Fish and fish products without preservatives Guano Human excrement By-products from the food and textile industries of biodegradable material of microbial, plant or animal origin without any synthetic additives.
Peat without synthetic additives (prohibited for soil conditioning) Permitted Permitted Permitted Restricted Restricted Restricted Restricted Restricted Prohibited Restricted Permitted
(i) Sawdust, wood shavings, wood provided it comes from untreated wood Permitted
(j) Seaweed and seaweed products obtained by physical processes,
(k) (I)
(m)
(n)
(o)
(p)
(q) ( r) extraction with water or aqueous acid and/or alkaline solution Sewage sludge and urban composts from separated sources which are monitored for contamination Straw Vermicasts Animal charcoal Compost and spent mushroom and vermiculate substances Compost from organic household reference Compost from plant residues By products from oil palm, coconut and cocoa (including empty fruit bunch, palm oil mill effluent (pome), cocoa peat and empty cocoa pods) Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted
(s) By products of industries processing ingredients from organic agriculture Restricted
3. Minerals
(a)
(b)
(c)
(d) Basic slag Calcareous and magnesium rock Calcified seaweed Calcium chloride -7- Restricted Restricted Permitted ~'8rmitted \ I \ \ \ I J Permitted \, I Retricted Restricted Restricted Permitted Restricted Restricted Restricted Permitted Permitted Permitted Restricted Restricted Restricted Permitted Permitted Permitted Permitted Permitted Permitted
(e) Calcium carbonate of network origin (chalk, limestone, gypsum and phosphate chalk)
(f) Mineral potassium with low chlorine content (e.g. sulphate of potash, kainite, sylvinite, patenkali)
(g) Natural phosphates (e.g. Rock phosphates)
(h) Pulverized rock
(i) Sodium chloride
(j) Trace elements (boron, I, Fe, Mn, Molybdenum, Zn)
(k) Woodash from untreated wood (I) Potassium sulphate
(m) Magnesium sulphate (Epson salt)
(n) Gypsum (calcium sulphate)
(0) Stillage and ,:;~i:lageextract
(p) Aluminum calcium phosphate
(q) Sulphur
(r) Stone mill
(s) Clay (bentonite, perlite, zeolite)
4. Microbiological Preparations a. Bacterial preparations (biofertilizers) b. Biodynamic preparations c. Plant preparations and botanical extracts d. Vermiculate e. Peat
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k) (I)
(m) II. Products for Plant Pest and Disease Control
1. Substances from plant and animal origin Azadirachta indica [neem preparations (neem oil)] Preparation of rotenone from Derris elliptica Lonchocarpus. Thephrosia spp.
Gelatin Propolis Plant based extracts (e.g. neem, garlic, pongamia, etc.)
Preparation on basis of pyrethrins extracted from Chrysanthemum cinerariifolium, containing possibly a synergist pyrethrum cinerariifolium Restricted Preparation from Quassia amara Restricted Release of parasite predators of insect pests Restricted Preparation from Ryania species Restricted Tobacco tea Prohibited Restricted Restricted Restricted Permitted Restricted Permitted Lecithin Casein Restricted Permitted -8-
(n)
(0)
(p)
(q)
(r)
(a)
(b)
(c)
(d)
(e)
(1)
(g)
(h)
(i)
(j)
(k) Sea weeds, sea weed meal, sea weed extracts, sea salt and salty water Restricted Extract from mushroom (Shiitake fungus) Permitted Extract from Chlorella Fermented product from Aspergillus Natural acids (vinegar)
2. Minerals Chloride of lime/soda Clay (e.g. bentonite, perlite, vermiculite, zeolite) Copper salts / inorganic salts (Bordeaux mix, copper hydroxide, copper oxychloride)used as a fungicide, maximum 8 kg per ha per year depending upon the crop and under the supervision of inspection and certification agency Mineral powders (stone meal, silicates) Diatomaceous earth Light mineral oils Permanganate of potash Lime sulphur (calcium polysulphide Silicates (sodium silicate, quartz) Sodium bicarbonate Sulphur (as a fungicide, acaricide, repellent)
3. Microorganisms I Biocontrol agents
(a) Viral preparations (e.g., Granulosis viruses, Nuclear polyhydrosis, .viruses etc.).
(b) Fungal preparations (e.g., Trichoderma species etc.)
(c) Bacterial preparations (e.g., Bacillus species etc.)
(d) Parasites, predators and sterilized insects."
4. Others
(a)
(b)
(c)
(d)
(e) Carbon dioxide and nitrogen gas Soft soap (potassium soap) Ethyl alcohol Homeopathic and Ayurvedic preparations Herbal and biodynamic preparations
5. Traps Physical methods (e.g., chromatic traps, mechanical traps, light traps, sticky traps and pheromones) Mulches, nets
(a)
(b) -9- Permitted Restricted Restricted Restricted Permitted Restricted Prohibited Restricted Restricted Restricted Restricted Restricted Permitted Restricted Permitted Permitted Permitted Permitted Restricted Permitted Prohibited Permitted Permitted Permitted Permitted List of Approved Feed Materials, Feed Additives and Processing Aids for Animal Nutrltlon]
1. Feed Materials of Plant Origin
(a) Cereals grains, their products and by - products
(b) Oilseeds, oil fruits, their products and by - products
(c) Legume seed, their products and by - products
(d) Tuber roots, their products and by - products
(e) Other seeds and fruits
(1) Forages and roughages
(g) Molasses as a binding agent
2. Feed Material of Mineral Origin
(a) Seasalt, rocksalt
(b) Sodium sulphate
(e) Sodium carbonate
(d) Sodium bicarbonate
(e) Sodium chloride
(f) Calcium carbonate
(g) Calcium lactate
(h) Calcium gluconate
(i) Bone dicalcium phosphate precipitate
(j) De fluorinated dicalcium phosphate
(k) Anhydrousmagnesia (I) Magnesium sulphate
(rn) Magnesiumchloride
(n) Magnesiumcarbonate Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted Restricted
3. Trace Elements
(a) Iron
(b) Iodine
(c) Cobalt
(d) Manganese
(e) Zinc
(f) Molydenum
(g) Selenium Feed additives Feed additives Feed additives Feed additives Feed additives Feed additives Feed additives
4. Vitamins Restricted
5. Enzymes
6. Micro-organisms Restricted . Restricted Lakchung Sherpa (SSJS) l.R-eum-Secretary, Law Department.