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Insecticides Act, 1968 Section 24

Title: Report of Insecticide Analyst

State: Central

Year: 1968

.....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 sample are pending that he intends to adduce evidence in controversion of the report. (4) Unless the sample has already been tested or analysed in the Central Insecticides Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion 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,2[which shall, within a period of thirty days, make the test or analysis] and report in writing signed by, or under the authority of, the Director of the Central.....

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Insecticides Act, 1968 Section 19

Title: Insecticide Analyst

State: Central

Year: 1968

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.

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Insecticides Act, 1968 Section 22

Title: Procedure to Be Followed by Insecticide Inspectors

State: Central

Year: 1968

.....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 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 sk of insecticide, he shall, as soon as may be, inform a Magistrate and obtain his orders as to the release thereof. 1[(3) Where an.....

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Insecticides Act, 1968 Complete Act

Title: Insecticides Act, 1968

State: Central

Year: 1968

.....- Appeal Against The Decision Of A Licensing Officer Section16 - Central Insecticides Laboratory Section17 - Prohibition Of Import And Manufacture Of Certain Insecticides Section18 - Prohibition Of Sale, Etc., Of Certain Insecticides Section19 - Insecticide Analyst Section20 - Insecticide Inspectors Section21 - Powers Of Insecticide Inspectors Section22 - Procedure To Be Followed By Insecticide Inspectors Section23 - Persons Bound To Disclose Place Where Insecticides Are Manufactured Or Kept Section24 - Report Of Insecticide Analyst Section25 - Confiscation Section26 - Notification Of Poisoning Section27 - Prohibition Of Sale, Etc., Of Insecticides For Reasons Of Public Safety Section28 - Notification Of Cancellation Of Registration, Etc. Section29 - Offences And Punishment Section30 - Defences Which May Or May Not Be Allowed In Prosecutions Under This Act Section31 - Cognizance And Trial Of Offence Section31A - Special Courts Section32 - Omitted Section33 - Offences By Companies Section34 - Power Of Central Government To Give Directions Section35 - Protection Of Action Taken In Good Faith Section36 - Power Of Central Government To Make Rules .....

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Insecticides Act, 1968 Section 21

Title: Powers of Insecticide Inspectors

State: Central

Year: 1968

.....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 believe that all or any of them, may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder; (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 thereunder 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 thereunder, fora specified period not exceeding1[thirty] days, or unless the alleged contravention is such that the defect may be removed by the possessor of the insecticide, seize the sk of such insecticide; (e) to take samples of any insecticide and send such samples for analysis to the Insecticide Analyst for test in the.....

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Insecticides Act, 1968 Complete Act

State: Central

Year: 1968

INSECTICIDES ACT, 1968 INSECTICIDES ACT, 1968 46 of 1968 2nd September, 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 matters connected therewith Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows: SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Insecticides Act, 1968. (2) It extends to the whole of India. (3)'lt 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 States2. SECTION 02: APPLICATION OF OTHER LAWS NOT BARRED The provisions of this Act shall be in addi- tion to, and not in derogation of, any other law for the time being in force. SECTION 03: 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.....

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Insecticides Act, 1968 Section 3

Title: Definitions

State: Central

Year: 1968

.....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, labelling, 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 a 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 sold 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.....

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Insecticides Act, 1968 Section 36

Title: Power of Central Government to Make Rules

State: Central

Year: 1968

.....to the Insecticide Inspector under sub-section (1) of section 24; (q) the protective 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 protective 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 for ensuring first-aid treatment; (v) the instruction and training to be provided regarding the use of things supplied to the workers for ensuring their safety; (w) the facilities for medical examination of workers engaged in the manufacture or handling of insecticides; 2 [(x) *****] (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.....

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Insecticides Act, 1968 Section 9

Title: Registration of Insecticides

State: Central

Year: 1968

.....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 every month or part thereof 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.....

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Insecticides Act, 1968 Section 17

Title: Prohibition of Import and Manufacture of Certain Insecticides

State: Central

Year: 1968

.....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-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 insecticide except under, and in accordance with the conditions of, a licence issued for such purpose under this Act. ________________________ 1. Substituted by Insecticide (Amendment) Act, 1972 (46 of 1972). S. 4 w.e.f. 1-8-1971.

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