21. Powers of Insecticide Inspectors
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.
1. An Insecticide Inspector shall have power-
a. to enter and search, at all reasonable times and with such assistance, if any, as he considers necessary, any premises in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed, or for the purpose of satisfying himself that the provisions of this Act or the rules made thereunder or the conditions of any certificate of registration or license issued thereunder are being complied with;
b. to require the production of, and to inspect, examine and make copies of, or take extracts from, registers, records or other documents kept by a manufacturer, distributor, carrier, dealer or any other person in pursuance of the provisions of this Act or the rules made thereunder and seize the same, if he has reason to believe that all or any of them may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder;
c. to make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act or the rules made thereunder are being complied with and for the purpose stop any vehicle;
d. to stop the distribution, sale or use of an insecticide which he has reason to believe is being distributed, sold or used in contravention of the provisions of this Act or the rules made thereunder, for a specified period not exceeding twenty days, or unless the alleged contravention is such that the defect may be removed by the possessor of the insecticide, seize the stock of such insecticide;
e. to take samples of any insecticide and send such samples for analysis to the Insecticide Analyst for test in the prescribed manner; and
f. to exercise such other powers as may necessary for carrying out the purposes of this Act or the rules made thereunder.
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, as far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code.
An Insecticide Inspector may exercise the powers of a police officer under [section 42 of the code of Criminal Procedure, 1973 (2 of 1974)], for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or insecticide is seized.
22. Procedure to be followed by Insecticide Inspectors
1. Where an Insecticide Inspector seizes any record, register or document under clause (b) of sub-section (1) of section 21, he shall, as may be, inform a Magistrate and take his orders as to the custody thereof.
2. Where an Insecticide Inspector takes any action under clause (d) of sub-section (1) of section 21-
a. He shall use all despatch in ascertaining whether or not the insecticide or its sale, distribution or use contravenes any of the provisions of section 18 and if it is ascertained that the insecticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;
b. If he seizes the stock of the insecticide he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof;
c. Without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the insecticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the Insecticide Inspector has seized the stock of insecticide, he shall, as soon as may be, inform a Magistrate and obtain his order as the release thereof.
3. Where an Insecticide Inspector takes any sample of an insecticide, he shall tender the fair price thereof and may require a written acknowledgement therefor.
4. Where the price tendered under sub-section (3) is refused, or where the Insecticide Inspector seizes the stock of any insecticide under clause (d) of sub-section (1) of section 21, he shall tender a receipt therefor in the prescribed form.
5. Where an Insecticide Inspector takes a sample of any insecticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it, and in the presence of such person unless he wilfully absents himself, shall divided the sample into three portions and effectively seal and suitably make the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked:
Provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Insecticide Inspector may, and if the insecticide be such, that it is likely to deteriorate or be otherwise damaged by exposure shall take three of the said container after suitably marking the same and, where necessary, sealing them.
6. The Insecticide Inspector shall restore one portion of a sample so divided or more one container, as the case may be, to the person from whom he takes it and shall retain the remainder and dispose of the same as follows:
I One portion or container, he shall forthwith send to the Insecticide Analyst for test or analysis; and
II The second, he shall produce to the Court before which proceedings, if any, are instituted in respect of the insecticide.
23. Persons bound to disclose place where insecticides are manufactured or kept
Every person for the time being in charge of any premises where any insecticide is being manufactured or is kept for sale or distribution shall, on being required by an Insecticide Inspector so to do, be legally bound to disclose to the Insecticide Inspector the place where the insecticide is being manufactured or is kept, as the case may be.
24. Report of Insecticide Analyst
1. The Insecticide Analyst to whom a sample of any insecticide has been submitted for test or analysis under sub-section (6) of section 22, shall, within a period of sixty days, deliver to the Insecticide Inspector submitting it a signed report in duplicate in the prescribed form.
2. The Insecticide Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and shall retain the other copy for use in any prosecution in respect of the sample.
3. Any document purporting to be a report signed by an Insecticide Analyst shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken has within twenty-eight days of the receipt of a copy of the report notified in writing the Insecticide Inspector or the Court before which any proceedings in respect of the samples are pending that he intends to adduce evidence in controversion of the report.
4. Unless the sample has already been tested or analysed in the Central Insecticides Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of the Insecticide Analyst's report the court may, of its own motion or its discretion at the request either of the complainant or of the accused, cause the sample of the insecticide produced before the Magistrate under sub-section (6) of section 22 to be sent for test or analysis to the Laboratory, which shall make the test or analysis and report in writing signed by, or under the authority of, the Director of Central Insecticides Laboratory the result thereof, and such report shall be conclusive evidence of the facts stated therein.
5. The cost of a test or analysis made by the Central Insecticides Laboratory under sub-section (4) shall be paid by the complainant or the accused as the Court shall direct.
1. Where any person has been convicted under this Act for contravening any of the provisions of this Act or of the rules made thereunder, the stock of the insecticide in respect of which the contravention has been made shall be liable to confiscation.
2. Without prejudice to the provisions contained in sub-section (1), where the Court is satisfied on the application of an Insecticide Inspector or otherwise and after such inquiry as may be necessary, that the insecticide is a misbranded insecticide, such insecticide shall be liable to confiscation.
26. Notification of poisoning
The State Government may, by notification in the Official Gazette, require any person or class of persons specified therein to report all occurrences of poisoning (through the use of handling of any insecticide) coming within his or their cognisance to such officer as may be specified in the said notification.
27. Prohibition of sale, etc. of insecticide for reasons of public safety
1. If, on receipt of a report under section 26 or otherwise, the Central Government or the State Government is of opinion, for reason to be recorded in writing, that the use of any insecticide specified in sub-clause (iii) of clause (e) of section 3 or any specified batch thereof is likely to involve such risk to human being or animals as to render it expedient or necessary to take immediate action then that Government may, by notification in the Official Gazette, prohibit the sale, distribution or use of the insecticide or batch, in such area, to such extent and for such period (not exceeding sixty days) as may be specified in the notification pending investigation into the matter:
Provided that where the investigation is not completed within the said period, the Central Government or the State Government, as the case may be, may extend it by such further period or periods not exceeding thirty days in the aggregate as it may specify in a like manner.
2. If, as a result of its own investigation or on receipt of the report from the State Government and after consultation with the Registration Committee, the Central Government, is satisfied that the use of the said insecticide or batch is or is not likely to cause any such risk, it may pass such order (including an order refusing to register the insecticide or canceling the certificate of registration, if any, granted in respect thereof) as it deems fit, depending on the circumstances of the case.
28. Notification of cancellation of registration
A refusal to register any insecticide or a cancellation of a certificate of registration of any insecticide shall be notified in Official Gazette and in such other manner as may be prescribed.
29. Offences and Punishment
1. Whoever -
- Imports, manufactures, sells, stocks or exhibits for sale or distributes any insecticide deemed to be misbranded under sub-clause (1) or sub-clause (iii) or sub-clause (viii) of clause (k) of section 3; or
- Imports or manufactures any insecticide without certificate of registration; or
- Manufactures, sells, stocks or exhibits for sale or distributes an insecticide without a license; or
- Sells or distributes an insecticide, in contravention of section 27; or
- Causes an insecticide, the use of which has been prohibited under section 27, to be used by any worker; or
- Obstructs an Insecticide Inspector in the exercise of his powers or discharge of his duties under this act or the rules made thereunder, Shall be punishable
i. For the first offence, with imprisonment for a term which may extend of two years, or with fine which may extend to two thousand rupees, or with both;
ii. For the second and a subsequent offence, with imprisonment for a term which may extend to three years, or with fine, or with both ;
2. Whoever uses an insecticide in contravention of any provisions of this Act or any rule made thereunder shall be punishable with fine, which may extend to five hundred rupees.
3. Whoever contravenes any of the other provisions of this Act or any rule made thereunder or any condition of certificate or registration of license granted thereunder, shall be punishable-
i. For the first offence, with imprisonment for a term which may extend to six months, or with fine or with both;
ii. For the second and a subsequent offence, with imprisonment for a term which may extend to one year, or with fine or with both.
4. If any person convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction take place to cause the offender's name and place of residence, the offence and the penalty imposed to be published in such newspaper or in such other manner as the Court may direct.
30. Defences which may or may not be allowed in prosecutions under this Act
1. Save as hereinafter provided in this section, it shall be no defence in a prosecution under this Act to prove merely that the accused was ignorant of the nature or quality of the insecticide in respect of which the offence was committed or of the risk involved in the manufacture, sale or use of such insecticide or of the circumstances of its manufacture or import.
2. For the purposes of section 17 an insecticide shall not be deemed to be misbranded only by reason of the fact that-
a. There has been added thereto some innocuous substance or ingredient because the same is required for the manufacture or the preparation of the insecticide as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk weight or measure of the insecticide or to conceal its inferior quality or other defect; or
b. In the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it.
3. A person not being an importer or a manufacturer of an insecticide or his agent for the distribution thereof, shall not be liable for contravention of any provision of this Act, if he proves-
a. That he acquired the insecticide from an importer or a duly license manufacturer, distributor, or dealer thereof;
b. That he did not know and could not, with reasonable diligence, have ascertained that the insecticide in any way contravened any provision of this Act; and
c. That the insecticide, while in his possession, was properly stored and remained in the same state as when he acquired it.
31. Cognizance and trial of offences
1. No prosecution for an offence under this Act shall be instituted excepts by, or with the written constant of, the State Government or a person authorized in this behalf by the State Government.
2. No court inferior to that of a [Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence under this act.