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Insecticides Act, 1968 (2)
Date 19/10/11/09/20  Author Infrosoft Health Content Team  Hits 908  Language Global
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.

11. Power of revision of Central Government

The Central Government may, at any time, call for the record relating to any case in which the Registration Committee has given a decision under section 9 for the purpose of satisfying itself as to the legality or propriety of any such decision and may pass any such order in relation thereto as it thinks fit:

Provided that no such order shall be passed after the expiry of one year from the date of the decision:

Provided further that the Central Government shall not pass any order prejudicial to any person unless that person has had a reasonable opportunity of showing cause against the proposed order.

12. Licensing Officer

The State Government may, by notification in the Official Gazette, appoint such person as it thinks fit to be licensing officer for the proposes of this Act and define the areas in respect of which they shall exercise jurisdiction.

13. Grant of License

1. Any person desiring to manufacture or to sell, stock or exhibit for sale or distribute any insecticide, or to undertake commercial pest control operations with the use of any insecticide may make an application to the licensing officer for the grant of a license:

Provided that any person engaged in the business of manufacturing or selling, stocking or exhibiting for sale or distributing any insecticide immediately before the commencement of this section shall make an application to the licensing officer for the grant of a license within a period of [seventeen months] from the date of such commencement:

Provided further that any person engaged in the commercial pest control operations immediately before the commencement of the insecticides (Amendment) Act, 1977 (24 of 1977), shall make an application to the licensing officer for the grant of a license within a period of six months from the commencement of the said Act.

2. Every application under sub-section (1) shall be made in such form and shall contain such particulars as may be prescribed.

3. On receipt of any such application for the grant of a license, the licensing officer may grant a license in such form, on such conditions and on payment of such fee as may be prescribed.

4. A license granted under this section shall be valid for the period specified therein and may be renewed from time to time for such period and on payment of such fee as may be prescribed:

Provided that where a license has been granted to any person who has made an application under [the first proviso or, as the case may be the second proviso] to sub-section (1), that license shall be deemed to be cancelled in relation to any insecticide, the application for registration whereof has been refused or the registration whereof has been cancelled, under this Act, with effect from the date on which such refusal or cancellation is notified in the Official Gazette.

In prescribing fees the grant or renewal of licenses under this section, different fees may be prescribed for the sale or distribution of insecticides for purposes of domestic use and for other purposes.

14. Revocation, suspension and amendment of licenses

1. If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that-

a. The license granted under section 13 has been granted because of misrepresentation as to an essential fact; or

b. The holder of a license has failed to comply with the conditions subject to which the license was granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the license may be liable under this Act, the licensing officer may, after giving the holder of the license an opportunity of showing cause, revoke or suspend the license.

2. Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a license granted under section 13.

15. Appeal against the decision of a licensing officer

(1) Any person aggrieved by a decision of licensing officer under section 13 (except under the proviso to sub-section (4)) or section 14 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in such manner and on payment of such fee as may be prescribed:

Provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of showing cause, dispose of the appeal ordinarily within a period of six months and the decision of the appellate authority shall be final.

16. Central Insecticides Laboratory

The Central Government may, by notification in the Official Gazette, establish a Central Insecticides Laboratory under the control of Director to be appointed by the Central Government to carry out the functions entrusted to it by or under this Act;

Provided that if the Central Government so directs by a notification in the Official Gazette, the functions of the Central Insecticides Laboratory shall, to such extent as may be specified in the notification, be carried out at any such institution as may be specified therein and thereupon the functions of the director of the Central Insecticides Laboratory shall to the extent so specified, be exercised by the head of the institution.

17. Prohibition of import and manufacture of certain insecticides

1. No person shall, himself or by any person on his behalf, import or manufacture-

a. any misbranded insecticides;

b. any insecticide the sale, distribution or use of which is for the time being prohibited under section 27;

c. any insecticide except in accordance with the condition on which it was registered;

d. any insecticide in contravention of any other provision of this Act or of any rule made thereunder:

Provided that any person who has applied for registration of an insecticide [under any of the provisos] to sub-section (1) of section 9 may continue to import or manufacture any such insecticide and such insecticide shall not be deemed to be a misbranded insecticide within the meaning of sub-clause (vi) or sub-clause (vii) or sub-clause (viii) of clause (k) of section 3, until he has been informed by the Registration Committee of its decision to refuse to register the said insecticide.

2. No person shall, himself or by any person on his behalf; manufacture any insecticide except under, and in accordance with the condition of, a license issued for such purpose under this Act.

18. Prohibition of sale, etc. of certain insecticides

1. No person shall himself or by any person on his behalf, sell, stock or exhibit foe sale, distribute [transport, use, or cause to be used] by any worker-

a. any insecticide which is not registered under this Act;
b. any insecticide, the sale, distribution or use of which is for the time being prohibited under section 27;

c. any insecticide in contravention of any other provision of this Act or of any rule made thereunder.

2. No person shall, himself or by any person on his behalf, sell, stock or exhibit for sale or distribute [or use for commercial pest control operations] any insecticide except under, and in accordance with the conditions of, a license issued for such purpose under this Act.

Explanation : For the purpose of this section an insecticide in respect of which any person has applied for a certificate of registration [under any of the provisos] to sub-section (1) of section 9, shall be deemed to be registered till the date on which the refusal to register such insecticide is notified in the Official Gazette.

19. Insecticide Analysts

The Central Government or a State Government may, by notification in the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticide Analysts for such areas and in respect of such insecticides or class of insecticides as may be specified in the notification:

Provided that no person who has any financial interest in the manufacture, import or sale of any insecticide, shall be so appointed.

20. Insecticide Inspectors

1. The Central Government or a State Government may, by notification in the Official Gazette, appoint persons in such number as it thinks fit and possessing such technical and other qualifications as may be prescribed to be Insecticides Inspectors for such area as may be specified in the notification:

Provided that any person who does not possess the required qualifications may be so appointed only for the purposes of clauses (a) and (d) of sub-section (1) of section 21:

Provided further that no person who has any financial interest in the manufacture, import or sale of any insecticide shall be so appointed.

2. Every Insecticide Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal code (45 of 1860), and shall be officially subordinate to such authority as the government appointing him may specify in this behalf.

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