The Insecticides Act 1968

The Insecticid es Act, 1968 
(Act No.46 of 1968) 
  
An Act to regulate the import, manufactures, sale, transport, distribution and use of 
insecticides with a view to prevent risk to human beings or animals and for matters 
connected therewith. [2 nd  September 1968] 
Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:  
  
1.        Short title, extent and commencement. *  
a.  This Act may be called the Insecticides Act, 1968. 
b.  It extends to the whole of India. 
c.  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 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 includes 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 Sec.4;  
c.  "Central Insecticides Laboratory" means the Central Insecticides Laboratory 
established, or as the case may be, the institution specified under Sec.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 substances (including fungicides and (weedicides) 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 Sec.19; 
g.  "Insecticide Inspector" means an insecticide Inspector appointed under Sec. 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 Sec.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 contains; 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 complied 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 individuals 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 of quality or 
contains any substance which not included in the registration.  
l.  "Package" means a box, bottle, gasket, 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 its grammatical variations and cognate expression, 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 being 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:  
a.  The Director-General of Health Services, ex officio, who shall be Chairman;  
b.  The Drugs Controller, India, ex officio; 
c.  The Plant Protection Adviser to the Government of India, ex officio;  
d.  The Director of Storage and Inspection, Ministry of Food, agriculture, Community 
Development and Co-operation, (Department of Food) ex officio; 
e.  The Chief Adviser of Factories, ex officio; 
f.  The Director, National Institute of Communicable Diseases, ex-officio. 
g.  The Director-General, Indian Council of Agricultural Research, ex officio; 
h.  The Director-General, Indian Council of Medical Research, ex-officio; 
i.  The Director, Zoological Survey of India, ex officio; 
j.  The Director-General, Indian Standards Institution, ex officio; 
k.  The Director-General of Shipping or, in his absence, the Deputy Director General 
of Shipping, Ministry of Transport and Shipping ex officio. 
l.  The joint Director, Traffic (General) Ministry of Railways (Railway Board) ex 
officio; 
m.  The Secretary Central Committee for Food Standards, ex officio;  
i.  The Animal Husbandry Commissioner, Department of Agriculture, ex-officio; 
ii.  The Joint Commissioner (Fisheries), Department of Agriculture, ex officio; 
iii.  The Deputy Inspector-General of Forests (Wild Life), Department of 
Agriculture ex officio; 
iv.  The Industrial Adviser (Chemicals), Directorate-General of Technical 
Development, ex officio) 
n.  One person to represent the Ministry of Petroleum and Chemicals, to be 
nominated by the Central Government. 
o.  One pharmacologist to be nominated by the Central Government. 
p.  One medical toxicologist to be nominated by the Central Government, 
q.  One person who shall be in charge of the department dealing with public health 
in a State, to be nominated by the Central Government. 
r.  Two persons who shall be Directors of Agriculture in States, to be nominated by 
the Central Government. 
s.  Four persons, one of whom shall be an expert in industrial health and 
occupational hazards, to be nominated by the Central Government. 
t.  One person to represent the Council of Scientific and Industrial Research, to be 
nominated by the Central Government. 
u.  One ecologist to be nominated by the Central Government.  
 
4.  The persons nominated under Clause. (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 Cls. (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 Sec. 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) * 
a.  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  
b.  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 propose or 
period as it may deem it, but 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 Committee  
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 
bylaws for the purpose of regulation of 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 that date. 
[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 at any time thereafter on payment of a penalty of one 
hundred rupees for every month or part thereon after the 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 in 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 of 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. 
[(3-A) In the case of applications received by it prior to the 31 st  day of 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. 
(3-B) 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. 
(3-C) The Registration Committee may, having regard to the efficacy of the 
insecticide and its safety to human beings and animals, vary the conditions 
subject to which a certificate or 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 this 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 or 
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. 
  
10.   Appeal against non-registration or cancellation  
Any person aggrieved by a decision of the Registration Committee under Sec. 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 Sec. 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 
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. 
  
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 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 this 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: 
Provided that where a license has been granted to any person who has made an 
application under [the first proviso or, as the case may be the second provision 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 official Gazette. 
5.  In prescribed fees for the grant or 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 Sec. 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, 
2.  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. 
Subject to any rules that may be made in this behalf, the licensing officer may also 
vary or amend a license granted under Sec. 13. 
  
15.  Appeal against the decision of a licensing officer  
1.  Any person aggrieved by a decision of licensing officer under Sec. 13 [expect under 
the proviso to sub-section (4)] or Sec. 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 the expiry of the said 
period if it is satisfied that the appellant was prevented by sufficient cause for 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 appellant authority 
shall be final. 
  
16.  Central Insecticides Laboratory  
The Central Government may, by notification in the official Gazette, establish a 
Central Insecticides 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: 
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 * 
b.  Any misbranded insecticide; 
a.  Any insecticide the sale, distribution or use of which is for the time being 
prohibited under Sec. 27; 
b.  Any insecticide except in accordance with the conditions on which it was 
registered; 
c.  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 of an insecticide [under 
any of the provisos] to sub-section (1) of Sec. 9 may continue to import or 
manufacture any such insecticide any such insecticide shall not be deemed to be a 
misbranded insecticide within the meaning of sub-section (vi) or sub-clause (vii) or 
sub-clause (viii) of Cl. (k) of Sec. 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 insecticide 
except under, and in accordance with the conditions of, a license issued for such 
purpose under this Act. 
  
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 Sec. 27; 
c.  Any insecticide in contravention of any other provision of this Act or of any 
rule made there under. 
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. 
  
Explanation  
For the purposes of this section an insecticide in respect of which any person has 
applied for a certificate of registration [under any of the provisos] to sub-section (1) of Sec. 
9, shall be deemed to be registered till the date on which the refusal to register such 
insecticide 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 possess the required qualifications may be so 
appointed only for the purposes of Cls. (a) and (d) of sub-section (1) of Sec. 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 Sec. 21 of the Indian Penal Code (45 of 1860), 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 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 the 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; 
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, as 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 Sec. 94 of the said code. 
3.  An Insecticide Inspector may exercise the powers of a police officer under [Sec. 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 
insecticide is seized. 
  
22.  Procedure to be followed by Insecticide Inspectors  
1.  Where an Insecticide Inspector seizes any record, register or document under Cl. (b) 
sub-section (1) of Sec. 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 Cl. (d) of sub-section (1) of 
Sec. 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 Sec. 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 order as 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 Cl. (d) of sub-section (1) of Sec. 
21 he shall tender a receipt therefore in the prescribed form. 
5.  Where an Insecticide Inspector takes a sample of any 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 portion so sealed and marked. 
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 more 
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: 
a.  one portion or container, he shall forthwith send to the Insecticide Analyst for 
test or analysis; and  
b.  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 Sec. 22, shall, within a period of sixty days, 
delivery 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 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 proceeding in respect of the sample are pending that he intends to 
adduce evidence in contravention 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 contravention of the insecticide analysts report the Court may, 
of its own motion or 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 Sec. 22 to be sent for test or analysis to the laboratory, which 
shall make the test or analysis and report in writing signed by, or under the authority 
of, the Director of 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. 
  
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 there under, 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 a 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 insecticide for reasons of public safety  
1.  If, on receipt of a report under Sec. 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 Cl. (e) of Sec. 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 areas, 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, is satisfied that the use of the said insecticide or batch is or is not likely 
to cause any such risk, it may pass such order (including an order refusing to 
register 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 insecticide shall be notified in the 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 Cl. (k) of Sec. 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 Sec. 27; or 
e.  Causes an insecticide, the use of which has been prohibited under Sec. 27, to 
be used by any worker; or 
i.  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 * 
ii.  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; 
iii.  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 certificate of registration  or license granted there under, 
shall be punishable * 
a.  For the first offence, with imprisonment for a term which may extend to six 
months, or with fine or with both; 
b.  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. 
  
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 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 Sec. 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 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 state as when he acquired it. 
  
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. 
  
32. [Magistrate*s power to impose enhanced penalties] Rep. By Act 24 of 1977 
Sec. 8.  
  
33.  Offences by Companies  
1.  Whenever an offence under this Act has been committed by a company, every 
person who at the time the offence was committed was in charge of, or was 
responsible to the company for the conduct of the business of the company, as well 
as the company, shall be deemed to be guilty of the offence and shall be liable to be 
proceeded against and punished accordingly: 
Provided that nothing contained in this sub-section shall render any such person 
liable to any punishment under this Act if he proves that the offence was committed 
without his knowledge or that he exercised all due diligence to prevent the 
commission of such offence. 
2.  Notwithstanding anything contained in sub-section (1), where an offence under this 
Act has been committed by a company and it is proved that the offence has been 
committed with the consent or connivance of, or is attributable to any neglect, on 
the part of, any director, manager, secretary or other officer of the company, such 
director, manager, secretary or other officer shall also be deemed to be guilty of that 
offence and shall be liable to be proceeded against and punished accordingly. 
  
Explanation  
For the purpose of this section: 
i.  "Company" means any body corporate and includes a firm or other association of 
individuals; and 
ii.  "Director" in relation to a firm, means a partner in the firm. 
  
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 * 
i.  The method of packing and labeling; 
ii.  The manner of registration of an insecticide; 
iii.  the functions of the Board and of the Registration Committee and the traveling and 
other allowance payable to members of the Board, the Registration Committee and 
any Committee of the Board; 
iv.  The places at which insecticides may be imported and prohibit their import at any 
other place; 
v.  The form of application for registration of an insecticide and the particulars relating 
thereto; 
vi.  The fee payable in respect of the registration 
vii.  The manner of appeal to the Central Government under Sec. 10 and fee payable 
therefore; 
viii.  The form of application for the grant of license and the particulars relating thereto; 
ix.  The form of license, the conditions attached thereto and the fee payable therefore; 
x.  The period for which a license may be renewed and the fee for such renewal; 
xi.  The circumstances in which a license may be varied or amended under sub-section 
(2) of Sec. 14. 
xii.  The functions of the Central Insecticides Laboratory; 
xiii.  The qualifications, powers and duties of an Insecticide Analyst and an Insecticide 
Inspector. 
xiv.  The manner of testing or analyzing the samples of any insecticide and the fee 
payable therefore; 
xv.  The form in which intimation shall be given by an Insecticide Inspector under sub-
section (5) of Sec. 22 to a person from whom a sample of an Insecticide is taken 
for test or analysis; 
xvi.  The form in which the Insecticide Analyst shall submit a report of his test or 
analysis to the Insecticide Inspector under sub-section (1) of Sec. 24; 
xvii.  The protective clo

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