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Insecticides Act, 1968 (4)
Date 19/10/11/09/40  Author Infrosoft Health Content Team  Hits 1035  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.

32. Offences by companies

1. Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

2. Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation : for the purpose of this section :

a.    "company" means anybody corporate and includes a firm or other association of individuals; and

b.     "Director", in relation to a firm, means a partner in the firm.

COMMENTS

If the person committing an offence in company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punish accordingly, provided that nothing shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

Where an offence under this act has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

"Company" means anybody corporate and includes a firm or other association of individuals; and

"Director" in relation to a firm means a partner in the firm. Where there is no proof that the offence has been committed with the consent or connivance or is attributable to any neglect on the part of the accused within the meaning of s. 33(2) of the act, the accused cannot be convicted.-Valuri Srivarma Sastri v. State of A.P. (1981) 2 ALT 346 (AP).

33. Power of the Central Government to give directions

The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the state any of the provisions of this Act or of any rule or order made thereunder.

35. Protection of action taken in good faith

No prosecution, suit or other proceeding shall lie against the Government, or any officer of the Government, or the Board, the Registration Committee or any Committee of the Board, for anything in good faith done or intended to be done under this Act.

36. Power of the Central Government to make rules

1. The Central Government may, after consultation with the Board and subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act:

Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules.

2. In particular and without prejudice to the generality of the foregoing power, such rules may prescribe-

a. the method of packing and labelling;

b. the manner of registration of an insecticide;

c. the functions of the Board and of the Registration Committee and the travelling and other allowance payable to members of the Board, the Registration Committee and any Committee of the Board;

d. the places at which insecticide may be imported and prohibit their import at any other place;

e. the form of application for registration of an insecticide and the particulars relating thereto;

f. the fee payable in respect of the registration;

g. the manner of appeal to the Central Government under section 10 and fee payable therefor;

h. the form of application for the grant of license and the particulars relating thereto;

i. the form of license, the conditions attached thereto and the fee payable therefor;

j. the period for which a license may be renewed and the fee for such renewal;

k. the circumstances in which a license may be varied or amended under sub-section (2) of section 14;

l. the functions of the Central Insecticides Laboratory;
m. the qualifications, powers and duties of an Insecticide Analyst and an Insecticide Inspector.

n. the manner of testing or analyzing the sample of any insecticide and the fee payable therefor;

o. the form in which intimation shall be given by an Insecticide Inspector under sub-section (5) of section 22 to a person from whom a sample of an insecticide is taken for test or analysis;

p. the from in which the insecticide analyst shall submit a report of his test or analysis to the insecticide inspector under sub-section (1) of section 24;

q. the protective clothing and equipment to be used by workers during the manufacture, formulation, transport, distribution and application of insecticides and other facilities to be provided to keep themselves and things supplied to them free from any contamination;

r. the use by the workers of any such protective clothing, equipment and other facilities.

s. the precautions to be taken against poisoning through the use or handling of insecticides;

t. the measures for detecting and investigating cases in which poisoning has occurred;

u. the facilities to be provided for ensuring first-aid treatment;

v. the instruction and training to be provided regarding the use of things supplied to the workers for ensuring their safety;

w. the facilities for medical examination of workers engaged in the manufacture or handling of insecticides;

x. [***]

y. the equipment for and method of applicationb of, an insecticide and the disposal of surplus material, washings and containers, following application;

z. the maintenance and inspection of records and returns;

za. the restrictions on storage of insecticides during transport or, otherwise along with articles of food;

zb. the maximum proportion of any insecticide which may be added to, or contained in, any preparation for domestic use and the restriction thereon;

zc. the manner in which refusal to register an insecticide or cancellation of certificate of registration thereof may be notified;

zd. the officer or authority to whom the Central Government may delegate any of the powers and functions conferred on it by this Act;

ze. any other matter which has to be prescribed.

3. Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session [or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both House agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

37. Power of the State Government to make rules

1. The State Government may, after consultation with the Board and subject to the condition of previous publication, by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions in this Act and not inconsistent with the rules, if any, made by the Central Government.

2. In particular and without prejudice to the generality of the foregoing power, such rules may provide for-

a. the authority to which, the manner in which, and the fee on payment of which, an appeal may be filed under section 15 and the procedure to be followed by the appellate authority in disposing of the appeal;

b. the delegation of any of the powers and functions conferred by this Act on the State Government to any officer or authority specified by that government.

38. Exemption

1. Nothing in this act shall apply to-

a. the use of any insecticide by any person for his own household purposes or for kitchen, garden or in respect of any land under his cultivation;
b. any substance specified or included in the Schedule or any preparation containing any one or more such substances, if such substance or preparation is intended for purposes other than preventing, destroying repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings.

2. The Central Government may, by notification in the Official Gazette, and subject to such conditions, if any, as it may specify therein, exempt from all or any of the provisions of this Act or the rules made thereunder, any educational, scientific or research organization engaged in carrying out experiments, with insecticides.

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