PMFAI had filed cases in Hon’ble Gujarat High Court in the year 2011 (being SCA Nos. 2530 of 2011 & 7928 of 2011) against the policy guideline on “Imports of readymade Pesticide Formulations without registering its Technical Grade Pesticides”.
With more than seven years efforts of PMFAI, Judgement dated 17th October 2018 is delivered by Gujarat High Court in the matter, in favor of PMFAI and Indian industries.
Brief background
· PMFAI filed cases in Gujarat High Court in the year 2011 (being Spl. Civil Application Nos. 2530 of 2011 & 7928 of 2011) against the policy Guideline on “Imports of readymade Pesticide Formulations without registering its Technical Grade Pesticides”.
· MNCs association CropLife India (CLI) and its members intervened in the said matter with their objections.
· After two years of legal battle, Gujarat High Court passed an Order, dated 05.09.2013 in favor of PMFAI by which directives given to Government that procedure of “Deemed Registration” granted for the Technical Grade Pesticides for 3 years (while granting registrations for Formulation Import) cannot be sustained and no further “Deemed Registrations” be granted. The Hon’ble High Court further directed the Registration authorities to frame new balanced Guidelines giving equal opportunities to indigenous manufacturers and importers.
· After 2 years regulatory authority CIB&RC in its 359th meeting held on 2nd November 2015, approved New Guidelines for “Technical Indigenous Manufacture (TIM) vs. Formulation Import (FI)” which was submitted in Gujarat High Court on 27.11.2015.
· From 365th meeting held on 22.04.2016 Registration Committee started implementing the above Guidelines by granting registrations for Bispyribac Sodium Technical and Bispyribac Sodium 10% SC Formulations Indian companies viz. Gharda Chemicals, Insecticides India and Godrej Agrovet. On account of this registration, Farmers were able to get product like Bispyribac Sodium 10% SC Formulation at Rs.3500 KL which earlier were sold by Importers at Rs.8000 KL.
· Again, CropLife India and its members obtained an Order, dated 26.4.2016 from Gujarat High Court to stop implementation of new guidelines and to stop issuing registrations.
· With the intervention of PMFAI with LPA (as also by Indian companies) the said order was stayed by the Division Bench of Gujarat High Court on 6th May 2016.
· By filing Special Leave Petitions in Supreme Court of India, CropLife India and PI Industries Limited tried to challenge the Gujarat High Court Division Bench Order, dated 6th May 2016. But with the intervention of PMFAI again, Supreme Court not entertained the petitions and referred the matter back to Division Bench of Gujarat High Court.
Since then the case was going on in Gujarat High Court. Now with the Final Judgement of 17th October 2018 the case filed by CropLife India and other importers challenging the Guidelines “TIM vs FI” is dismissed by Gujarat High Court with observation that the Petitioners have no right to seek invalidation of the Guidelines.
Being a national level Association representing Indian Pesticide Industry PMFAI put in its best efforts to protect interests of Indian Pesticide Industry. The final balanced Guidelines approved in compliance of Gujarat High Court directives, will help Indian pesticide industry and support the concept of “Make in India”.
