Insecticide act 1968

Insecticide act 1968

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Insecticides Act 1968

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Reason behind the Act .
April & May 1958–many people died with food
poisoning in Kerala and Tamilnadu.
In probe it was found that majorly due to the
Insecticide PARATHION.
In 1962 Some district of WB and Assam, similar
case comes into light with serious illness and
Paralysis in affected person.

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Drafting of the Bill:-
Based upon Chief Justice (Bombay High court)
Shri JC Shah report on the poisoning cases.
•Establishment of Central Insecticide Board.
•Registration committee (grant of RC, prohibition and Ban on Hazardous
chemicals)
•Central Insecticide Lab.
•Import and Manufacturing control.
•Sales and distribution of any insecticide.

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•It is effective From1
st
Aug 1971.
•An Act to regulate the import, manufacture, sale,
transport, distribution and use of insecticides
•To prevent risk to human beings or animals,
environment.
•ACT NO. 46 OF 1968.
•Total 38 Section.

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Legal Documentation as per form 1
Board of Director Resolution Partnership Deed
Authority Letter for Proprietor
Chemistry
Bio-efficacy
Toxicity
Packaging

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Submission of
the Application
Chemistry
Dept.
Toxicology Bio efficacy Packing Legal
9 (4) FIM
9 (4)
TIM

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Deficiency raised
by any concerned
Department
Understanding and
reply for the
deficiency
Submission of the
Reply along with
the application

14. Person/ organization desiring to
manufacture, sale, stock or exhibit for sale
can apply.
License provided may be valid for a specific
period/life time and may need renewal from
time to time.
License application subjected to the fees for
the particular Insecticide as per the section
applied.
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15. Appointed by Central / state govt.
Appointed on the basis of Technical, and other qualification
and fount to fit for the purpose.
Should have no relation or financial interest with
manufacturer, sale or import of any insecticide.
Every insecticide inspector is deemed to be a public servant.
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16. To Enter and search at all reasonable time to the any
premises (manufacturing site, storage / distribution site).
Examine and search insecticides related documents, sales
data, record etc.
He can stop sales, cease stock, can take sample for analysis
through SPTL/RPTL Lab.
In all the cases, communication to the
manufacturer/distributor to be given on standard forms
(sample withdrawal notice / stop sale notice).
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17. Any sample under observation sent by Insecticide inspector
subjected to the related Pesticide testing laboratory.
SPTL: State Pesticides testing laboratory.
RPTL: Regional Pesticides Testing laboratory\
CIL : Central Insecticide Lab.
Lab has to provide the testing report to the Insecticide
inspector within the specified timeline by the state authority
or central authority.
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18. •Sample
withdrawal by
Insecticide
Inspector
Submit to the lab for
report
•Analysis by the
Lab for the
sample
Report provided to the
Insecticide Inspector
•Insecticide Inspector
observe report as fit
for the use.
Notice Issue to the
manufacturer/ distributor
in case of deviation
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20. Under Section 30 manufacturer / Distributor my
seek defense for retesting by CIL if he thinks that
Insecticide under observation is fit for the purpose
of use.
Specific Fees for retesting in CIL need to submit to
state authority.
Application for retesting via Court permission is
applicable in some state authorities.
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22. 1.Insecticide deemed to be misbrand
2.Import or manufacture insecticide without
RC, without license
3.Import, manufacture or Selling insecticide
which is banned
4.Obstruct an insecticide inspector to perform
his duties.
5.Use an insecticide in violation of any
provision of this act.
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23. Imprisonment for two years or fine which is
10 to 50 thousands or both in the first
offence.
Imprisonment for three years or fine which is
15 to 75 thousands or both in the second
offence.
Violation of any provision of this act, shall be
punishable with fine (500-5000 Rupees) or
imprisonment (up to 6 months) or both.
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24. Method of packing and labeling.
Manner of registration of an insecticide.
Fees payable in respect to the registration.
Form structure, fees structure, form of license, period of
registration.
Function of the CIL, qualification, power and duties of
Insecticide inspector etc.
PPE, Precautions, facilities of the first aid to be provided,
medical examination, equipment to be use for handling.
Storage, transport conditions and maximum proportion of
insecticide to be used.
Any other matter which has to be, or may be prescribed.
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26. Amendment in Central Rules which are
inconsistent with state.
Defining Fees for the appeal under any
defense filed.
Delegation of the power under this act to any
officer.
Prohibition of any insecticides subjected to
state conditions of flora, fauna and
biodiversity and climate etc.
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Thank you