|
The
Insecticides
Act,
1968
along
with
THE
INSECTICIDES RULES, 1971
as
amended in 1999
with
SHORT NOTES
THE
INSECTICIDES ACT, 1968
CONTENTS
-
Short
title, extent and commencement
-
Application
of other laws not barred
-
Definitions
-
The
Central Insecticides board
-
Registration
Committee
-
Other
Committees
-
Procedure
for Board
-
Secretary
and other officers
-
Registration
of Insecticides
-
Appeal
against non-registration or cancellation
-
Power
of revision of Central Government
-
Licensing
Officers
-
Grant
of license
-
Revocation,
suspension and amendment of licenses
-
Appeal
against the decision of a licensing officer
-
Central
Insecticides Laboratory
-
Prohibition
of import and manufacture of certain insecticides
-
Prohibition
of sale, etc. of certain insecticides
-
Insecticide
analysts
-
Insecticide
Inspectors
-
Powers
of insecticide inspectors
-
Procedure
to be followed by Insecticide Inspectors
-
Persons
bound to disclose place where Insecticides are
manufactured or kept
-
Report
of insecticide analyst
-
Confiscation
-
Notification
of poisoning
-
Prohibition
of sale, etc. of insecticide for reasons of public
safety
-
Notification
of cancellation of registration etc.
-
Offences
and punishment
-
Defense
which may or may not be allowed in prosecutions under
this act
-
Cognizance
and trial of offences
-
Magistrate’s
power to impose enhanced penalties
-
Offences
by companies
-
Power
of the Central government to give directions
-
Protection
of action taken in good faith
-
Power
of the Central Government to make rules
-
Power
of the State government to make rules
-
Exemption
INSECTICIDES ACT, 1968
(46 of 1968)
An Act to regulate the import, manufacture, sale, transport,
distribution and use of insecticides with a view to prevent
risk to human beings or animals, and for attars connected
therewith
Be it enacted by Parliament in the Nineteenth Year of the
Republic of India as follows:
1. Short title, extent and commencement
(1) This Act may be called the Insecticides Act, 1968.
(2) It extends to the whole of India.
(3) 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 provisions 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.
3. Definitions
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 Insecticides Board
constituted under section 4;
(c) “ Central Insecticides Laboratory” means the central
Insecticides 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) “insecticide” means-
(i) any substance specified in the schedule; or
\(ii) such other substance (including fungicides and
insecticides) 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 graphic matter accompanying the insecticide;
(i) “licensing officer” means a licensing officer
appointed under section 12;
(j) “manufacture”, in relation to any insecticide,
includes-
(i) any process or part of a process for making, altering,
finishing, packing, labeling, breaking up or otherwise
treating or adopting any insecticide with a view to its sale,
distribution or use but does not include the packing or
breaking up of any insecticide in the ordinary course of
retail business; and
(ii) any process by which 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 also 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 compiled with to prevent
risk to human beings or animals; or
(iv) if any word, statement or other information required by
or under this Act to appear on the label is not displayed
thereon in such conspicuous manner as the other words,
statements, designs or graphic matter have been displayed on
the label and in 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 labeled 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 prescribed or is mixed or packed with any substance
so as to alter its nature or quality or contains any substance
which is not included in the registration;
(l) “package” means a box, bottle, casket, tin, barrel,
case, receptacle, sack, bag, wrapper, or other 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
includes any vehicle carrying insecticides;
(n) “prescribed” means prescribed by rules made under this
Act;
(o) “registered”, with its grammatical variations and
cognate
expressions, means registered under this Act;
(p) “sale”, with it 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 includes 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.
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 functions assigned to the Board by or under this
Act.
(2) The matters on which the Board may advise under
sub-section
(1) shall include matter 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 of the following members,
namely:
(i) the Director-General of Health Services, ex-officio,
who shall be Chairman;
(ii) the Drugs Controller, India, ex-officio;
(iii) the Plant Protection Adviser 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 Adviser of Factories, ex officio;
(vi) the Director-General, 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 Institution, ex
officio;
(xi) the 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;
(xiii-a) the Animal Husbandry Commissioner, Department of
Agriculture, ex officio;
(xiii-b) the Joint Commissioner (Fisheries), Department of
Agriculture, ex officio;
(xiii-c) the Deputy Inspector-General of Forests (Wild Life),
Department of Agriculture ex officio; ]
(xiv) one person to represent the Ministry of Petroleum and
Chemicals, to be nominated by the Central Government
(xv) one pharmacology's to be nominated by the Central
Government;
(xvi) one medical toxicologist to be nominated by the Central
Government;
(xvii) one person who shall be in charge in industrial health
and
occupational hazards, to be nominated by the Central
Government;
(xviii) two persons who shall in charge of Agriculture in
States,
to be nominated by the Central Government;
(xix) four persons, one of who shall be an expert in
industrial
health and occupational hazards, to be nominated by
the Central Government;
(xx) one person to represent the Council of Scientific and
Industrial Research, to be nominated by the Central
Government;
[xxi) one Ecologist to be nominated by the Central
Government]
(4) The persons nominated under clauses (xiv) to [xxi)]
inclusive, of
sub-section (3) shall, unless their seats become vacant
earlier by
registration, death or otherwise, hold office for three years
from
the date of their nomination but shall be eligible for
re-nomination;
Provided that the persons 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.
(5) 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 of 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
(1) The Central Government shall constitute a Registration
Committee consisting of a Chairman, and not more than five
persons who shall be members of the Board (including the
Drugs Controller, India and the Plant Protection Adviser to
the
Government of India)-
(i) to register insecticides 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.
(2) 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.
(3) 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.
(4) The Committee may also co-opt such number of experts and
for such purpose or period as it may deem fit, by any expert
so
co-opted shall have no right to vote.
(5) 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 –
(i) appoint a person to be the Secretary of the Board who
shall
also function as Secretary to the Registration Committee; and
(ii) 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 the date:
[Provided further that where any person referred to in the
preceding
provision 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 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 for the registration of
an
insecticide, the Committee may, after such enquiry 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 the efficacy of the insecticide and its safety to
human beings and
animals, register [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 on 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
precautions claimed by the applicant as being sufficient to
ensure safety to
human beings or animals are not such as can be easily observed
or that
notwithstanding the observance of such precautions the use of
the insecticide
involves serious risk to human beings or animals, it may
refuse to register the
insecticide.
2 [(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
applications 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 of
registration granted before such 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 enquiry 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 of conditions
subject to which a certificate of 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 contained 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 of manufacture thereof, shall on
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.
1. Subs by Act 46 of 1972 sec.2 for Six month" (w.e.f.
01-8-1971)
2. Ins by Act 46 of 1972 , sec. 2 (w.e.f. 01-08- 1971).
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 is
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 filing the appeal in time.
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 decision:
Provided further that the Central Government shall not pass an
order prejudicial to any person unless that person has had a
reasonable
opportunity of showing cause against the proposed order.
12. Licensing Officers:
The State Government may, by notification in the Official
Gazette,
appoint such persons as it thinks fit to be licensing officers
for the purposes 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 the 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
1. Subs by Act 24 of 1977 section 4.
2. Subs by Act. 46 of 1972, section 3 , for "three months
" (w.e.f. 01-08-1971)
3. Ins. by Act 24 of 1977 , Sec. 4
Provided that where a license has been granted to any person
who has
made an application under [the first provision or , as the
case may be the second
prose] 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.
------------------------
2(5) In prescribing fees the grant of 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 there
under,
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.
COMMENTS
If the volume noted on label of container is found lesser then
material cannot be said to be substandard and order suspending
the manufacturing license is improper, Bharat Pulversing Mills
Ltd.
v. Joint Director of Agriculture, AIR 1993 Mad 74.
15. Appeal against the decision of a licensing officer
(1) Any person aggrieved by a decision of a licensing officer
under Section 13
(except under the proviso of 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 fees 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.
(2) 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 Insecticide 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:
1. Subs by Act 24 of 1977 , sec. 4
2. Ins. by Act. 24 of 1977 , Sec. 4
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 there under
Provided that any person who has applied for registration on
an
insecticide [under any of the provisos] to sub-section (1) of
section 9 may
continue to import of 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 insecticides except under, and in accordance with the
conditions of a license
issued for such purpose under this Act
COMMENTS
Liability for prosecution of company shall go to in charge or
otherwise person responsible to company ;M/s National Farm
Chemicals v. State of Haryana, (1994) 2 CC cases 218 : (1994)
Recent CR 480 (P & 11).
18. Prohibition of sale, etc. of certain insecticides:
(1) No person shall, himself or by any person on his behalf,
sell, stock or exhibit for 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 hereunder.
(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.
1. Subs by Act 46 of 1972 sec. for " under the proviso
" (w.e.f. 01-08-1971)
2. Subs by Act 24 of 1977 , Sec. 5.
3. Ins. by Act 24 of 1977 , sec. 5.
Explanation: For the purpose of this section an insecticide in
respect of which
any person has applied for a certificates 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 insecticides 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 Insecticide
Inspectors for such areas as may be specified in the
notification:
Provided that any person who does not posses the required
qualifications may be so appointed only for the purposes of
clause (a) and
clause (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 and shall be
officially
subordinate to such authority as the Government appointing him
may specify in
this behalf.
21. Powers of Insecticide Inspectors:
(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 there under 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 there under or the
conditions of any certificate of registration or license
issued
there under 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 any
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 there under 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 there under;
(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
there under are being complied with and for that 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
there under, 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;
-------------------------
1. Subs by Act 46 of 1972, Sec. 5 for "under the
provision" (w.e.f. 01-08-1971)
(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 be necessary for
carrying
out the purposes of this Act or the rules made there under.
(2) The provisions of the Code of Criminal Procedure, (1973)
(2 of 1974), shall,
so 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.
(3) 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 an insecticide is seized.
COMMENTS
While analyzing samples of insecticides, the Insecticide
Analyst is not empowered to go into the question whether the
Volume contained in the container is as noted on the label,:
Bharat Pulverizing Mills Ltd.v.Joint Director of Agriculture,
AIR 1993 Mad 74.
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 soon
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 dispatch 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 orders as to 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
therefore.
(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 therefore
in the prescribed
form.
(5) Where an Insecticide Inspector takes a sample of an
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 willfully absents himself, shall divide the sample
into three portions and
effectively seal and suitably mark the same and permit such
person to add his
own seal and mark to all or any of the portions so sealed and
marked:
1. Subs by Act 24 of 1977 Sec. 6.
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 containers
after suitably
marking the same and, where necessary, sealing them.
(6) The Insecticide Inspector shall restore one portion of a
sample so divided or
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 controversial of the
report.
(4) Unless the sample has already been tested or analyzed in
the Central
Insecticides Laboratory, where a person has under sub-section
(3) notified his
intention of adducing evidence in controversial of the
Insecticide Analyst’s
report, the Court may, of its own motion or in 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 said laboratory, which shows writhing
a period of thoroughly does make the test or Analysis and
report in writing signed by, or under the authority of, the
Director of the 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.
COMMENTS
(I) Where the accused was not supplied with copy of the report
of Insecticides Analyst, he was deprived of his right to rebut
the report ; M/s Solar Syndicate Dungri v. State of Punjab,
1994 Gr.LI. NOC 213 (P & H).
(ii) The sample of Aldrex taken was found to be misbranded.
The complaint was filed in court after expiry of self-life
chemicals. It was held that since accused lost the right under
section 24(4) to get the sample re-analyzed from Central
Insecticides Laboratory, proceedings are not maintainable';
National Organic Chemicals Industry Ltd. v. State of Punjab,
(1994) 1 Recent CR 334 (P & H).
(iii) Court may order for re-examination of sample found
misbranded suo-moto or on the application of accused by
Central Insecticides Laboratory; Mewa Sing v. Prithipal Singh,
Inspector (1994) 1 Recent CR 94 (P & H).
25. Confiscation:-
(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 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 or handling of any
insecticide) coming
within his or their cognizance to such officer as may be
specified in the said
notification.
27. Prohibition of sale etc. of insecticides 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 reasons
to be recorded
in writing, that the use of any insecticide specified in
sub-clause (iii) of clause (e)
of section (3) or any specific batch thereof is likely to
involve such risk to human
beings 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 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, etc.
A refusal to register any insecticide or a cancellation of a
certificate of
registration of any insecticides shall be notified in Official
Gazette and in such
other manner as may be prescribed.
29. Offences and punishment:
(1) Whoever –
(a) imports, manufactures, sells, stocks or exhibits for sale
or
distributes any insecticide deemed to be misbranded under
sub-clause (i) or sub-clause (iii) or sub-clause (viii) of
clause (k)
of section 3; or
(b) imports or manufactures any insecticide without a
certificate of
registration; or
(c) manufactures, sells, stocks or exhibits for sale or
distributes an
insecticide without a license; or
(d) sells or distributes an insecticide, in contravention of
section 27;
or
(e) causes an insecticide, the use of which has been
prohibited
under section 27, to be used by any worker; or
(f) obstructs an Insecticide Inspector in the exercise of his
powers
or discharge of his duties under this Act or the rules made
there under-
shall be punishable –
(i) for the first offence, with imprisonment for a term which
may
extend to 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
provision of this Act or any rule made there under 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 there under or any condition of a
certificate of registration or license granted
there under, 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 takes place to cause the offender’s
name and place of
residence, the offence and the penalty imposed to be published
in such
newspapers or in such other manner as the Court may direct.
COMMENTS
There was a complaint under section 29(1)(a) read with section
17(1)(a) of the Act and a petition under section 482 Cr.PC for
quashing. It was held that the Senior Analyst has reported
that tolerance in variation in its content has been noticed as
4.7%. Since the permissible limit of tolerance in variation on
either side was 5% the proceedings are quashed; Vikas
Pesticides v. State of Haryana. (1994) XXI Cr. L.T. 292 (P
& H ).
30 Defense which may or may not be allowed in prosecutions
under this Act:
(1) Save as hereinafter provided in this section, it shall be
no defense in a
prosecution under this Act to prove merely that the accused
was ignorant of the
nature of 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 a contravention of any
provision of this Act, if he proves –
(a) that he acquired the insecticide from an importer or a
duly
licensed 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 sate as when he acquired it
COMMENT
Sample of fertilizer found to be misbranded. Accused taking
the defense of section 30(3). All the grounds mentioned in
section 30(3) are questions of fact and must be proved like
any other fact by leading evidence in trial court. Care averment in the petition cannot be deemed to be evidence
Ashwani Kumar Bhakoo v.State of Punjab, 1994 (1) Recent CR
349(P&H).
31. Cognizance and trial of offences:
(1) No prosecution for an offence under this Act shall be
instituted except by, or
with the written consent 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.
COMMENT
Provisions of section 31 are mandatory in nature; Madan Dangi
v.State of Punjab, 1986 cc cases 287
[1[32. Magistrate’s power to impose enhanced penalties
2 { ***}
33.Offences by companies
(1) Whenever an offence under this Act has been committee 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 ss 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 bus-section shall
render any such
person liable to any punishment under this Act if he proves
that the offence was
committee without his knowledge or that he exercised all due
diligence to
prevent the commission of such offence.
1. Subs by Act 24 of 1977. sec. 7
2. Section 32 omitted by Act 24 of 1977 .sec. 8.
(2) Notwithstanding anything contained in sub-section (1),
where an offence under
this Act has been committee 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 any body corporate and includes a
firm or other association of individuals; and
(b) “director”, in relation to a firm, means a partner in
the
firm.
[1] Substituted by Act 24 of 1977, w.e.f. 2-10-1977
34. 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 there under.
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 labeling;
b) the manner of registration of an insecticide;
c) the functions of the Board and of the Registration
Committee and the traveling and other allowances
payable to members of the board, the Registration
Committee and any Committee of the Board;
d) the places at which insecticides 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 registration;
g) the manner of appeal to the Central Government under
section 10 and the fee payable therefore;
----------------------------
1. Certain words omitted by Act 24 of 1977 sec. 9.
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 therefore;
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 samples of any
insecticide and the fee payable therefore;
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 form in which an Insecticide Analyst shall submit a
report of his test or analysis to the Insecticide Inspector
under sub-section (1) of section 24;
q) the protection 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 protection 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 regarding the use of things
supplied to the workers for ensuring their safety;
v) the instruction and training to be provided regarding the
use of things supplied to the workers for ensuring their
safety;
w) the facility for medical examination of workers engaged
in the manufacture of handling of insecticides;
1.{***}
y) the equipment for, and method of, application 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 insecticide 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 restrictions thereon;
zc) the manner in which refusal to registration of an
insecticide
or cancellation of certificate of registration thereof may
be notified.
-------------------------------
1. Clause (X) omitted by Act 24 of 1977, sec. 9
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, or may 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 of the successive
sessions aforesaid both Houses agree in making any
modification in the rule or both Houses 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 of 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 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 there under, any
educational, scientific or research organization engaged in
carrying out
experiments, with insecticides.
1. Subs. by Act 24 of 1977.sec.9
THE SCHEDULE
[Sec. 3(c)]
LIST OF INSECTICIDES
Acrylonitrile
Aldrin
(1:2:3:4:10:10=hexachloro-1:4:4a;5:8;8a-hexahydro-1:4:5:8-dimethanonaphthalene)
Allethrin (ally 1 homologue of Cindering I)
Aluminium phosphide
Amiton
Antu (alpha-naphthyl thiourea)
Aramite [2(p-tert-butylphenoxy) is propyl 1-2 chloroethuyyl
sulphite]
Barium Carbonate
Barium Flurosilicate
BHC (benzene hexachloride) 1,2,3,4,5,6-hexachlorohexane)
Bis-dimethylamino flourophosphine oxide
Calcium arsenate
Calcium Cyanide
Captan (N-trichloromethylmercapto-4 cyclohexane),
1,2-discarboximide
Carbaryl (1-naphthyul-N-methyl carbamate)
Carbon disulphide
Carbon Tetrachloride
Chlorbenside (p-chlorobenzyl-p-chlorophenyl sulphide)
Chlorobis ethyl amino triazine
Chlordane (1,2,3,4,5,6,7,8, 1-octachloro-2-3,3a,
4,7,7a-hexahydro-4,7-methanoindane)
Chlorobenzilate (ethyl 4,4-dichlorobenzilate)
Chlorothion (o,o-dimethyl-o-3chloro,4-nitrophenyl thiono
phosphate)
Chloro-I.P.C.
Chloropicrin
Chlorofension (p-chlorophenyl-p-chlorobenzene sulphonate)
S-(p-chlorophenylthio) methyl-o-odiethyl phosphorodithioate (Trithion)
CIPC ({isopropy1-N(3-chlorophenyl) carbamate]
CMU (Manuron)
Coper Aracnate
CopperCyanide
Coper Napthanate
Copper sulphate
Coumachlor (3-(a-acetony)-4-chalorobenzy1-4-hydroxy hydroxy
coumarin) }
Coper oxychloride
Cuprous oxide
1. Subs by G.S.R. 576 (E) , dated 26th August , 1993.
Dalapon (sodium 2,2, dichloropropionate)
D-D mixture
DDD (Dichloro Diphenyl Dichloroethane)
DDT (a mixture of 1,1-trichloro-2-bis (p-chlorophenyl) ethane
and 1-1,
1-trichloro-2 (o-chlorophenyl)-2 (p-chlorophenyl)ethane]
DDVP (2,2-dichlorovinyl dimethyl phosphate)
Demeton-O(O,o-diethyl-S[(9-ethylthio)-ethyl] phosphorothioate)
Diazinon (O, O-d athly -O{2-isoprophy 1-6-methy 1-4-pyrimidiny
1)phosphorothioate)
ethy-O[e-isopropyl-6-methyl-4-pyrimidinyl]phosphorothioate)
Dibrom (1,2-dibromo, 1,2 2-dichloroethyl dimethyl phosphate)
Dichlorophenoxy acetic acid (2,4-D)
Dieldrin (1:2:3:4:10; 10-hexachloro-6, 6-epoxy-1;
4a:5:6:7:8:8a
Octahydro-1:4:5:8-dimethanonaphthalene)
Dimethoate (O, O-dimethyl-S (N-methylcarbamoyl
methyl)phosphorodithioate)
Dipterex (O,O-dimethyl-2,2, 2-trichloro hydroxy ethyl
phosphonate)
DNOC (dinitro-ortho-compound) (3:5-dinitro-o-cresol)
EDCT mixture (ethylene dichloride chloride carbon
tetrachloride mixture)
Ekatin
Endrin (1,2,3,4,10-10-hexachloro-6, 7-epoxy-1,4, 4a, 5, 6, 7,
8, 8a
Octahydro-1, 4-endo-endo 5-8-dimethanonophthalene)
E.P.N.(O-ethyl-O-p nitriphynul benzene thiophosphonate)
Ethoroxy ethyl mercusry chloride
Ethyl di-n—prophylthiolcarbamate(Eptam)
Ethyl mercury phosphate
Ethyl mercury chloride
Ethylene dibromide
Ethylene Dichloride
Fenson (Parachlorophenyl benzene sulphonate)
Fenthion (3-methyl-4methyl thiophenyl phosphorothionate)
Ferbam (ferric dimethyl dithiocarbamate)
Gusathion (O, O-dimethyl
S(4-oxo-1,2)3-benzotriazinyl-3-methyl(phosphorothioate)
Heptachlor(1,4,5,6,7,8
8-heptachloro-4-7-methano-3a,4,7,7a-tetrahydroindene)
HETP(Hexaethyl tetraphosphate)
Hexachlorobenzene
Hydrogen cyanide
Hydrogen phosphide
Lead arsenate
Lime sulphur (calcium polysulphide,water-free sulphur, calcium
thiosulphate
mixture(
Lindane )gamma, B.H.C.)
Malahtion S-(1,2-Bis(ethoxycarbonyl ethyl)
O,O-dimethyl-phosphorordithioate)
Maleic hydrazide(1,2-dihydropyroridazine 3,6-dione)
Maneb manganese ethylene bisdithiocarbamate)
MCPA-(4-chloro 2 methyl phenoxy acetic acid)
Mercuric chloride
Metaldehyde
Metasystox
Methoxychlor(1,1,1-trichloro-2,2-di-p-methoxyphenylethane)
Methoxy ethyl mercury chloride
Methyl bromide
Methyl demeton (Dimeton-methyl and Dimeton-Methyl)
Mehtyl Mercury Chloride
Methyl Parathion (O,O-dimethyl-O-nitrophenolthiophosphate)M
etox(Chlorsulphicide)
Metox (Chlorsulphade)
Nabam disodium ethylene-1, 1 bisdithiocarbamate)
Nicotine sulphate
Octa methyl pyrophoramide
Para-dichloro benzene
Parathion (O,O-diethyl-O-p-nitrophynylthiophosphate)
Paris Green (Copper Aceto arsenite)
Pentachloronitrobenzene(P.C.N.B.)
Pentachlorophenol
Phenyl mercury acetate
Phenyl mercury chloride
Phenyl mercury urea
Phosdrine
Phtalimidomethyl-O-O-dimethyl phosphorodithioate (Imidan)
Piperonyl butoxide (butyl carbityl) (6-propyl piperonyl) ether
O
Prival (2-Pivaly1-indance 1-3-dione)
Potassium cyanide
Pival 2 –3.dione
n-propyl ethyl-n-butyl thiocarbamate )(Tillam)
Phyrethrins (insectically active principles of chrysanthemum
cinerariae folium)
Rotenone
Ryania
Sodium fluoroacetate
Sodium cyanide
Sodium flurosilicate
Sulphur(wettable or colloidal sulphur)
Stryechinine
Sulphoxide (1,2-methylene-dioxy-4(1-octylsulphinyl) propyl
benzene)
TCA (Tichlor acetic acid sodium and ammonium salts)
Tedion (tetrachlor diphenyl sulphone)
TEPP (tetraethyl Pyrophosphate)
Tetrachloro-p-benzoquinone
Thanite
Thiram[bis(dimethyl thiocarbamyl) disulphide]
Tolyl mercury acetate
Trichlorphon
Trorthocresyl phosphate
Thallium sulphate
Thiometon
Taxaphene (chlorinated camphene containing 67-69% chlorine)
Trichlorophenoxy acetic acid (2,4,5-T)
Warfarin (3-a-acetonyl benzyl-4 hydroxy-coumarin)
Zinc phosphide
Zimet
Zineb (Zinc ethylene bis-dithiocarbamate)
Ziram (Zinc dimethyl dithiocargbamnate)
Zulate
1(Acrinathrin (s)-oc cyno-3-phenoxy
benzy1(z)0IR,3S)-2,2dimethy1-3-(2-(2,2,2,-trifluoro-1-trifluromethy1
ethozycarbony) viny1)cycloprop;ane carboxylate.)
2 (Acrollen 2-Propenal or Acrylaldehyde
Actellic (Primiphosemethyl)
2-diethylamino-6-methylphyimidin-4-yl
dimethyl phosphorothionate
Afugon Diethyl methyl ethoxycarbonyl
pyrazolopyrimidine-ly-phosphorothionate
Alachlor 2—chloro-2,6-diethyle-n (methoxymethyl)-acetanilide
Aldicarb 2-methyl-2-(methylthio)propional-dehydro-(methylcarbamoyl)
oxime
Amidithion S(N-2-methoxyethyl-Carlomoyl-methyl) dimethyl
phosphorothiolothionate
(Amidosulfuron 3-(4,6 dimethoxyprimiolin
2-yl)-1-(N-methyi-N-methyl-Sulphonyl-amino-sulphonyl)urea)
Amitrole 3-amino-1,2,4-triazole
Ammonium sulphamate Ammonium sulphamate
Asulam Methyl-N(4-aminobenzenesulphonyl)carbamate
Atrazine 2-Chloro-4-ethylamino-6-isopropylamino-1,3,5-triazine
Aureofungin Aureofungin
Azinyhos-ethyl S-3,4-dihydro-4 oxobenzo-(d)-(1,2,3)-triazine-3-yl
methyl)duiethyl phosphorothiolothionate
Barban 4-chloro-2-ynyl-3-chloriphenyl carbamate
Barium polysuulphide Barium polysulphide
Bassa BCPE O-Secondary-butylphenylmethyl carbamate
(Chlorphenithal) A-1-bis-(4Chlorophenyl ethanol)
Benomy I Methyl-N-benzimidazol-2-yl-N(butylcarbamoyl carbamate)
1. Ins. by G.S.R. 538(E), dated 21st November, 1996.
2 Ins. by G.S.R. 9(E), dated 9th January, 1974.
3. Ins. by GSR 730(E), dated 30th October, 1995.
Bensulide S(O,O-di-isopropyl phosphorodithionate) ester with
N-(2mercaptoethyl) benzene
sulphonamide
Binapacryl 2-1(-methyl-n-propyl)-4, 6-dinitrophenyl-2-
methylcrofonate
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