INSECTICIDES ACT, 1968
(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 date1as 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.
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1. Sections 4, 7, 8 and 36 enforced on 1-3-1971 Rest of the provisions enforced on 1-8-1971
The Insecticides Act, 1968, is a legislative framework established to regulate the import, manufacture, sale, transport, distribution, and use of insecticides in India. The Act aims to prevent risks to human beings and animals from the misuse of insecticides and to ensure that products meet safety and efficacy standards.
Section 1 of the Insecticides Act, 1968, outlines the short title, extent, and commencement of the Act. It states that the Act may be called the Insecticides Act, 1968, extends to the whole of India, and comes into force on a date specified by the Central Government.
Section 1 serves as an introductory provision that establishes the identity and jurisdiction of the Act. It sets the foundation for the subsequent sections that detail the regulatory framework for insecticides.
Section 1 does not prescribe any punishments; it merely establishes the title and scope of the Act. Punishments for violations of the Act are detailed in later sections, particularly Section 29.
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
In this Act, unless the context otherwise requires,--
(a) "animals" means animals useful to human beings and includes fish and fowl, and such kinds of wildlife 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 instilution 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 --<
(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 the 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 matters 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 shat consist of the following members, namely :--
(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 scrutinising 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
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.
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.
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.
(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 a separate application for each 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 of1[seventeen months] from the date of such commencement for the registration of any insecticide which he has been importing or manufacturing before that date.
2[Provided further that where any person referred to in the preceding proviso fails to make an application under that proviso within the period specified therein, he may make such application any time thereafter on payment of a penally of one hundred rupees for
Any person aggrieved by a decision of the Registration Committee under S. 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 proscribed fee to the Central Government whosc 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.
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 thereof as it thinks fit :
Provided that no such order shall be passed after the expiry of one year from the date of the decision :
Provided further that the Central Government shall not pass any order prejudicial to any person unless that person has had a reasonable opportunity of showing cause against the proposed order.
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.
(1) Any person desiring to manufacture or to sell, sk or exhibit for sale or distribute any insecticide,1[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 licence :
Provided that any person engaged in the business of manufacturing or selling, sking 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 licence within a period of2[seventeen months] from the date of such commencement.
3[Provided further that any person engaged in the commercial pest control operations immediately before the commencement of the Insecticides (Amendment) Act, 1977, shall make an application to the licensing officer for the grant of a lice
(1) If the licensing officer is satisfied, either on a reference made to him in this behalf or otherwise, that -
(a) the licence granted under Section 13 has been granted because of misrepresentation as to an essential fact; or
(b) the holder of a licence has failed to comply with the conditions subject to which the licence was granted or has contravened any of the provisions of this Act or the rules made thereunder, then, without prejudice to any other penalty to which the holder of the licence may be liable under this Act, the licensing officer may, after giving the holder of the licence an opportunity of showing cause, revoke or suspend the licence.
(2) Subject to any rules that may be made in this behalf, the licensing officer may also vary or amend a licence granted under Section 13.
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(1) Any person aggrieved by a decision of a licensing officer under Section 13 [except under the proviso to sub-section (4)] or Section 14 may, within a period of thirty days from the date on which the decision is communicated to him, appeal to such authority in such manner and on payment of such fee as may be prescribed :
Provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(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.
The Central Government may, by notification in the Official Gazette, establish a Central Insecticides Laboratory under the control of a Director to be appointed by the Central Government to carry out the functions entrusted to it by or under this Act :
Provided that if the Central Government so directs by a notification in the Official Gazette, the functions of the Central Insecticide 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 that institution.
(1) No person shall, himself or by any person on his behalf, import or manufacture--
(a) any misbranded insecticide;
(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 conditions on which it was registered;
(d) any insecticide in contravention of any other provision of this Act or of any rule made thereunder :
Provided that any person who has applied for registration of an insecticide1[under any of the provisos] to sub-section (1) of Section 9 may continue to import or manufacture any such insecticide and such insecticide shall not be deemed to be a misbranded insecticide within the meaning of sub-
(1) No person shall, himself or by any person on his behalf, sell, sk or exhibit for sale, distribute,1[transport, use, or cause to be used] by any worker --
(a) any insecticide which is not registered under this Act;
(b) any insecticide, the sale, distribution or use of which is for the time being prohibited under Section 27;
(c) any insecticide, in contravention of any other provision of this Act or of any rule made thereunder.
(2) No person shall, himself or by any person on his behalf, sell, sk or exhibit for sale or distribute2[or use for commercial pest control operations] any insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act.
Explan
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.
(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 possess 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 autho
(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 licence 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 of same, if he has reason to
(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 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 sk of the insecticide, he shall, as soon a
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.
(1) The Insecticide Analyst to whom a sample of any insecticide has been submitted for lest or analysis under sub-section (6) of Section 22, shall, within a period of1[thirty] 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 whi
(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 sk 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.
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 hand ling of any insecticide) coming within his or their cognizance to such officer as may be specified in the said notification.
(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 in1[***] 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 Gatette, 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
A refusal to register any insecticide or a cancellation of the certificate of registration of any insecticide shall be notified in the Official Gazette and in such other manner as may be prescribed.
(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 licence; or
(d) sells or distributes an insecticide, in contravention of section 27; or
(e) causes an insecticides, 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 pow
(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
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(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 authorised in this behalf by the State Government.
(2) No Court inferior to that of a1[metropolitan magistrate or a judicial magistrate of the first class] shall try any offence under this Act.
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1. Substituted by Insecticide (Amendment) Act, 1977, S.7 (2-8-1977).
1 [ Special Courts
(1) If the State Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this Act in any district or metropolitan area, it may, by notification in the Official Gazette and after consultation with the High Court, notify one or more Courts of Judicial Magistrates of the first class, or, as the case may be, Metropolitan Magistrates, in such district or metropolitan area to be Special Courts for the purposes of this Act.
(2) Unless otherwise directed by the High Court, a court notified under subsection (7) shall exercise jurisdiction only in respect of cases under this Act.
(3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of court notified under sub-section (7) in any distr
[Omitted by Insecticide (Amendment) Act, 1977 (24 of 1977), section 8 (2-8-1977).
(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 the 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
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.
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.
(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
(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 Stale Government to any officer or authority specified by that Government.
(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 educatidnal, scientific or research organisation enga
[See section 3(e)]
LIST OF INSECTICIDES
Acrylonitrile.
Aldrin (I : 2 : 3 : 4 : 10 : 10-hexachloro-I : 4 : 4a : 5 : 8 : 8a-hexahydro-I : 4 : 5 : 8-dimethanonaphthalene).
Allethrin (allyl homologue of Cinerein I).
Aluminium Phosphide.
Amiton.
Antu (Alpha-naphthyl thiourea).
Aramite [2 (p-tert-butylphenoxy) ispropyl 1-2 chioroethyl sulphite].
Barium Carbonate.
Barium Fluoro Silicate.
BHC (Benene Hexachloride) (1, 2, 3, 4, 5, 6-hexachlorohexane
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