An Act to regulate the import, manufactures, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or animals, and for matters connected therewith.
Be it enacted by parliament in the nineteenth year of the republic of India as follows :-
1. Short title, extent and commencement
a. This Act may be called the Insecticide Act, 1968.
b. It extends to the whole of India.
c. It shall come into force on such date as the central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different states and for different provision of this Act.
2. Application 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.
In this Act, unless the context otherwise requires,
a. "animals" means animals useful to human beings and include fish and fowl, and such kinds of wild life as the Central Government may, by notification in the Official Gazette, specify, being kinds which in its opinion, it is desirable to protect or preserve;
b. "Board" means the Central Insecticide Board constituted under section 4;
c."Central Insecticide Laboratory" means the Central Insecticide Laboratory established, or as the case may be, the institution specified under section 16;
d."Import" means bringing into any place within the territories to which this Act extends from a place outside those territories;
e. "insecticides" means:
i.any substance specified in the Schedule; or
ii. such other substances (including fungicides and weedicides) as the Central Government may, after consultation with the Board, by notification in the Official Gazette, include in the schedule from time to time; or
iii. any preparation containing any one or more of such substances;
f. "Insecticide Analyst" means an Insecticide Analyst appointed under section 19.
g. "Insecticide Inspector" means an Insecticide Inspector appointed under section 20;
h. "label" means any written, printed or graphic matter on the immediate package and on every other covering in which the package is placed or packed and includes any written, printed or graphics matter accompanying the insecticides;
i. "licensing officer" means a licensing officer appointed under section 12;
j. "manufacture" in relation to any insecticide, include:
i. any process or part of a process for making, altering, finishing, packing, labelling, breaking up or otherwise treating or adopting any insecticides with a view to its sale, distribution or use but does not include the packing or breaking up for any insecticides in the ordinary course of retail business; and
ii. any process by which a preparation containing an insecticide is formulated;
k. "misbranded" - an insecticide shall be deemed to be misbranded-
i. if its label contains any statement, design or graphic representation relating thereto which is false or misleading in any material particular, or if its package is otherwise deceptive in respect of its contents; or
ii. if it is an imitation of, or is sold under the name of, another insecticide; or
iii. if its label does not contain a warning or caution which may be necessary and sufficient, if complied with to prevent risk to human beings or animals;
iv. if any word, statement or other information required by or under this Act to appear on the label not displayed thereon such conspicuous manner as the other words, statements, design or graphic matter have been displayed on the label and such terms as to render it likely to be read and understood by any ordinary individual under customary conditions of purchase and use; or
v. if it is not packed or labelled as required by or under this Act, or
vi. if it is not registered in the manner required by or under this Act; or
vii. if the label contains any reference to registration other than the registration number; or
viii. if the insecticide has a toxicity which is higher than the level prescribe or is mixed or packed with any substance so as to alter its nature or quality or contains any substance which is not include in the registration;
l. "package" means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper, or thing in which an insecticide is placed or packed;
m. "premises" means any land, shop, stall or place where any insecticide is sold or manufactured or stored or used, and include any vehicle carrying insecticides;
n. "prescribed" means prescribe by rules made under this Act;
o. "register" with its grammatical variations and cognate expressions, means register under this Act;
p. "sale" with its grammatical variations and cognate expressions, means the sale of any insecticide whether for cash or on credit and whether by wholesale or retail, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any insecticide and include also an attempt to sell any such insecticide;
q. "State Government" in relation to a Union Territory, means the administrator thereof;
r. "worker" means a person employed under a contract of service or apprenticeship.
1. the garden, grounds and out-houses, if any appertaining to such building or part of a building, and
2. any fittings fixed to such building or part of a building for the more beneficial enjoyment thereof. Public premises (eviction of unauthorized accupants) act, 1971, s. 2 (c).
4. The Central Insecticides Board
1. The Central Government shall, as soon as may be, constitute a Board to be called the Central Insecticides Board to advise the Central Government and State Governments on technical matters arising out of administration of this Act and to carry out the other function assigned to the board by or under this Act.
2. The matters on which Board may advise under sub-section (1) shall include matters relating to
a. The risk to human beings or animals involved in the use of insecticides and the safety measures necessary to prevent such risk;
b. The manufacture, sale, storage, transport and distribution of insecticides with a view to ensure safety to human beings or animals.
3. The board shall consist to the following members, namely:
i. The Director-General of Health Service, ex officio, who shall be chairman;
ii. The Drugs Controller, India, ex officio;
iii. The Plant Protection Advisor to the Government of India, ex officio;
iv. The Director of storage and inspection, ministry of food, Agriculture, Community Development and Co-operation (Department of Food ex officio;)
v. The Chief Advisor of Factories, ex officio;
vi. The Director, National Institute of Communicable Diseases, ex officio;
vii. The Director-General, Indian Council of Agricultural Research, ex officio;
viii. The Director-General, Indian Council of Medical Research, ex officio;
ix. The Director, Zoological Survey of India, ex officio;
x. The Director-General, Indian Standards Institutions, ex officio;
xi. The Director-General of shopping or, in his absence, the deputy Director-General of shipping, Ministry of Transport and Shipping, ex officio;
xii. The Joint-Director, Traffic (General), Ministry of Railways (Railway Board), ex officio;
xiii. The Secretary, Central Committee for Food Standards, ex officio;
xiv. The animal Husbandry Commissioner, Department of Agriculture, ex-officio;
xv. The Joint Commissioner (Fisheries), Department of Agriculture, ex officio;
xvi. The Deputy Inspector-General of Forest (Wild life), Department of Agriculture ex officio;
xvii. The Industrial Advisor (Chemicals), Directorate-General of Technical Development, ex officio;
xviii. One person to represent the Ministry of Petroleum and chemicals, to be nominated by the Central Government;
xix. One Pharmacologist to be nominated by the Central Government;
xx. One Medical Toxicologist to be nominated by Central Government;
xxi. One person who shall be in charge of the department dealing with public health in a state, to be nominated by the Central Government;
xxii. Two person who shall be Directors of Agriculture in States, to be nominated by the Central Government;
xxiii. Four persons, one of whom shall be expert in Industrial health and occupational hazards, to be nominated by the Central Government;
xxiv. One person to represent the Council of Scientific and Industrial Research, to be nominated by the Central Government;
xxv. One ecologist to be nominated by the Central Government.
4. The person nominated under clauses (xiv) to (xxi) inclusive of sub-section (3) shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for three years from the date of their nominations but shall be eligible for re-nominations:
Provided that the person nominated under clauses (xvii) and (xviii) shall hold office only for so long as they hold the appointments by virtue of which their nominations were made.
No act or proceeding of the Board, the Registration Committee or any Committee appointed under section 6; shall be called in question on the ground merely of the existence any vacancy in, or any defect in the constitution of the Board, the Registration Committee or such committee, as the case may be.
5. Registration Committee
a. The Central Government shall constitute a Registration Committee consisting of a Chairman, and not more than five persons who shall be member of the Board (including the Drugs Controller, India and the Plant Protection Advisor to the Government of India)
i. to register insecticide after scrutinizing their formulae and verifying claims made by the importer or the manufacturer , as the case may be, as regards their efficacy and safety to human beings and animals; and
ii. to perform such other functions as are assigned to it by or under this Act.
b. Where the Chairman is not a member of the Board, his term of office and other conditions of service shall be such as may be determined by the Central Government.
c. Subject to the provisions of sub-section (2), a member of the Registration Committee shall hold office for so long as he is a member of the Board.
d. The committee may also co-opt such number of experts and for such purpose of period as it may deem fit, by any expert so co-opted shall have no right to vote.
e. Registration committee shall regulate its own procedure and the conduct of the business to be transacted by it.
6. Other Committees
The Board may appoint such committees as it deems fit and may appoint to them persons who are not members of the Board to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Board may impose, be delegated to them by the Board.
7. Procedure for Board
The Board may, subject to the previous approval of the Central Government, make bye-laws for the purpose of regulating its own procedure and the procedure of any committee thereof and the conduct of all business to be transacted by it or such committee.
8. Secretary and other officers - The Central Government shall-
a. appoint a person to the Secretary of the Board who shall also function as Secretary to the Registration Committee; and
b. Provide the Board and the Registration Committee with such technical and other staff as the Central Government considers necessary.
9. Registration of Insecticides
1. Any person desiring to import or manufacture any insecticide may apply to the Registration Committee for the registration of such insecticide and there shall be separate application for each such insecticide.
Provided that any person engaged in the business of import or manufacture of any insecticide immediately before the commencement of this section shall make an application to the Registration Committee within a period of [seventeen months] from the date of such commencement for the registration of any insecticide which he has been importing or manufacturing before that date:
[Provided further that where any person referred to in the preceding proviso fails to make an application under that proviso within the period specified therein, he may make such application at any time thereafter on payment of a penalty of one hundred rupees for every month or part thereof after the expiry of such period for the registration of each such insecticide.]
2. Every application under sub-section (1) shall be made in such form and contain such particulars as may be prescribed.
3. On receipt of any such application the registration of an insecticide, the Committee may, after such inquiry as it deems fit and after satisfying itself that the insecticide to which the application relates conforms to the claims made by the importer or by the manufacturer, as the case may be, as regards [on such conditions as may be specified by it] and on payment of such fee as may be prescribed, the insecticide, allot a registration number thereto and issue a certificate of registration in token thereof within a period of twelve months from the date of receipt of the application. Provided that the Committee may, if it is unable within the said period to arrive at a decision on the basis of the materials placed before it, extend the period by a further period not exceeding six months.
Provided further that if the Committee is of opinion that the precaution claimed by the application as being sufficient to ensure safety to human beings or animal are not such as can be easily observed or that notwithstanding the observance of such precautions the use of the insecticides involves serious risk to human beings or animals it may refuse to register the insecticide.
3A. In the case of applications received by it prior to the 31st March, 1975 notwithstanding the expiry of the period specified in sub-section (3) for disposal of such applications, it shall be lawful and shall be deemed always to have been lawful for the registration Committee to dispose of such application at any time after such expiry but within a period of one year from the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977):
Provided that nothing contained in this sub-section shall be deemed to make any contravention before the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977), of a condition of a certificate if registration granted before commencement, an offence punishable under this Act.
3B. Where the Registration Committee is of opinion that the Insecticide is being introduced for the first time in India, it may, pending any inquiry, register it provisionally for a period of two years on such conditions as may be specified by it.
3C. The registration Committee may, having regard to the efficacy of the insecticide and its safety to human beings and animals, vary the conditions subject to which a certificate a registration has been granted and may for that purpose require the certificate-holder by notice in writing to deliver up the certificate to it within such time as may be specified in the notice.
4. Notwithstanding anything containing in the section, where an insecticide has been registered on the application of any person, any other person desiring to import or manufacture the insecticide or engaged in the business of, import or manufacture thereof, shall an application and on payment of prescribed fee be allotted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the insecticide was originally registered.
10.. Appeal against non-registration or cancellation
Any person aggrieved by a decision of the Registration Committee under section 9 may, within a period of thirty days from the date on which the decision in communicated to him, appeal in the prescribed manner and on payment of the prescribed fee to the Central Government whose decision thereon shall be final:
Provided that the Central Government may entertain an appeal after the expiry of the said period, if it is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.