CHAPTER I - PRELIMINARY
In exercise of the powers conferred by section 36 of the Insecticides Act, 1968 (46 of 1968), the Central Government, after consultation with the Central Insecticides Board, hereby makes the following rules, namely :-
1. Short title and commencement
1. These rules may be called the Insecticides Rules, 1971/
2. They shall come into force on the 30th day of October, 1971.
2. Definition - In these rules, unless the context otherwise requires :-
a. "Act" means the Insecticides Act, 1968 (46 of 1968);
c. "expiry date" means the date that is mentioned on the container, label or wrapper against the column `date of expiry’;]
d. "form" means a form set out in the First Schedule;
e. "laboratory" means the Central Insecticides Laboratory;
f. "schedule" means a schedule annexed to these rules;
h. "pests" means any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings;]
i. "primary package’ means the immediate package containing the insecticides;
j. "principal" means the importer or manufacturer of insecticides, as the case may be;
k. "registration" includes provisional registration;
l. "rural area" means an area which falls outside the limits of any Municipal Corporation or Municipal Committee or a Notified Area Committee or a Notified Area Committee or a Cantonment;
m. "Schedule" means a Schedule annexed to these ruled;
n. " secondary package" means a package which is neither a primary package nor a transportation package;
o. "section" means a section of the Act;
p. "testing facility" means an operational unit where the experimental studies are being carried out or have been carried out in relation to submission of data on product quality or on safety or on efficacy, or an residues or on stability in storage of the insecticides for which the application for registration is made.
q. "transportation package" means the outermost package used for transportation of insecticides.)
r. `Commercial Pest Control Operation’ means any application or dispersion of Insecticide(s) including fumigants in household or public or private premises or land and includes pest control operations in the field including aerial applications for commercial purposes but excludes private use;
s. 'Pest Control Operators' means any person who undertakes pest control operations and includes the person or the firm or the company or the organization under whose control such a person(s) is operating.
CHAPTER II - FUNCTIONS OF THE BOARD, REGISTRATION COMMITTEE AND LABORATORY
3. Functions of the Board
The Board shall, in addition to the functions assigned to it by the Act, carry out the following functions, namely:
a. advise the Central Government on the manufacture of insecticides under the Industries (Development and Regulation) Act, 1951 (65 of 1951);
b. specify the uses of the classification of insecticides on the basis of their toxicity as well as their being suitable for aerial application;
c. advise tolerance limits for insecticides, residues and an establishment of minimum intervals between the application of insecticides and harvest in respect of various commodities;
d. specify the shelf-life of insecticides;
e. suggest colourisation, including colouring matter which may be mixed with concentrates of insecticides, particularly those of highly toxic nature;
f. carry out such other functions as are supplemental, incidental or consequential to any of the functions conferred by the Act or these rules.
4. Functions of Registration Committee
The Registration Committee shall, in addition to the functions assigned to it by the Act, perform the following functions namely :
a. specify the precautions to be taken against poisoning through the use or handling of insecticides;
b. carry out such other incidental or consequential matters necessary for carrying out the functions assigned to it under the Act or these rules.
5. Functions of Laboratory
The functions of the Laboratory shall be as follows :
a. to analyse such samples of insecticides sent to it under the Act by any officer or authority authorized by the Central or State Governments and submission of certificates of analysis to the concerned authority;
b. to analyse samples of materials for insecticide residues under the provisions of the Act;
c. to carry out such investigations as may be necessary for the purpose of ensuring the conditions of registration of insecticides;
d. to determine the efficacy and toxicity of insecticides;
e. to carry out such other functions as may be interested to it by the Central Government or by a State Government with the permission of the Central Government and after consultation with the Board.
CHAPTER III - REGISTRATION OF INSECTICIDES
6. Manner of registration
1. a. An application for registration of an insecticide under the Act shall be made in Form I and the said Form including the verification portion, shall be signed in case of an individual by the individual himself or a person duly authorized by him; in case of Hindu Undivided Family, by the Karta or any person duly authorized by him;in case of partnership firm by the managing partner; in case of a company, by any person duly authorized in that behalf by the Board of Directors; and in any other case by the person in-charge or responsible for the conduct of the business. Any change in members of Hindu Undivided Family or partners or the Board of Directors or the person in charge, as the case may be, shall be forthwith intimated to the Secretary, Central Insecticides Board and Registration Committee and the Licensing Officer.
b. The Registration Committee may, if necessary, direct inspection of the `testing facility’ for establishing the authenticity of the data.
2. An application form duly filled together with a bank draft, drawn in favor of the Accounts Officer, Directorate or Plant Protection, Quarantine & Storage, payable at Faridabad towards registration fee shall be sent to the Secretary, Registration Committee, Directorate of Plant Protection, Quarantine & Storage, NH-IV, Faridabad-121001, Haryana. The fee shall be payable as follows:-
i. rupees five thousand each in case of application for registration under Sections 9(3) and 9(3B) of the Insecticides Act, 1968;
ii. rupees two thousand five hundred in case of application for registration under Section 9(4) of the Insecticides Act, 1968.
3. The registration fee payable shall be paid by a demand draft drawn on the State Bank of India, Faridabad, in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana.
4. The certificate of registration shall be in Form II or Form II-A, as the case may be and shall be subject to such conditions as specified therein.
6A. Issue of duplicate certificate of registration
A fee of rupees one hundred shall be paid in the form of demand draft drawn on the State bank of India, Faridabad in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine & Storage, Faridabad, Haryana for a duplicate copy of a Certificate of Registration if the original is defaced, damaged or lost.
6B. Addition, deletion or alteration on the Certificate of Registration including labels and leaflets
A Fee of rupees one hundred shall be paid in the form of demand draft drawn on the State Bank of India, Faridabad, in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana on each occasion for each Certificate of Registration for addition, deletion, alternation on the Certificate of Registration including labels and leaflets.
1. An appeal against any decision of the Registration Committee under section 9 shall be preferred in writing [in Form II-B, in duplicate] to the Central Government in the Department of Agriculture.
2. The appeal shall be in writing and shall set out concisely and under distinct heads the grounds on which the appeal is preferred.
3. Every appeal shall be accompanied by a demand draft of rupees one thousand towards fee and a copy of the decision appealed against.
4. The fee payable for preferring an appeal shall be paid by a demand draft drawn on the State Bank of India, New Delhi in favor of the Pay and Accounts Officer, Department of Agriculture & Cooperation, New Delhi.]
8. Manner of publication of refusal to register or cancellation of certificate of registration
A refusal to register an insecticide or a cancellation of the certificate of registration of an insecticide shall also be published in any two English and Hindi newspapers which have circulation in a substantial part of India and in any of the journals published by the Department of Agriculture of the Government of India.