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REGISTERED No. D. 281.

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 67] NEW DELHI, MONDAY, DECEMBER 5, 1966/Agrahayana 14, 1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation

RAJYA SABHA

The following report of the Joint Committee of the Houses of Parliament on the Bill to regulate the import, manufacture, sale transport, distribution and use of insecticides with a view to prevent risk to human beings or vertebrate animals, and for matters con- nected therewith was presented to the Rajya Sabha on the 5th December, 1966.

COMPOSITION OF THE JOINT COMMITTEE

MEMBERS

Rajya Sabha

1. Dr. Shrimati Phulrenu Guha—Chairman.

2. Shri K. S. Chavda

3. Dr. Dharam Prakash

4. Shri Niren Ghosh

(1299)

886 G of I Ex.—I.

5. Shri I.' K. Gujral

6. Shri Jagat Narain

7- Shri Lokanath Misra

8. Shri Choudhary A. Mohammad

9. Shri N"ki Ram

10. Shri P. S. Patil

11. Shri J. C. Nagi Reddy

12. Shri N. Sri Rama Reddy

13. Dr. M. M. S. Siddhu

14. Shri Niranjan Singh

*15. Vacant.

Lok Sabha

18. Shri Peter Alvares

17. Shri K. L. Balmiki

18. Shri Bibhuti Mishra

19. Shrimati Zohraben Akbarbhai Chavda

20. Sardar Daljit Singh

21. Shri Ganapati Ram

22- Shri Ansar Harvard

23. Shri J. N. Hazarika

24. Shri S. Kandappan

25. Shri C. H. Mohammad Koya

26. Sardar Kapur Singh

27. Shri P. Kunhan

28. Shri Narendrasingh Mahida

29. Shri Inder J. Malhotra

30. Shri P. Maruthaiaft

31. Shri Shiv Charan Mathur

32. Shri K. L. More

33. Shri P. K. Vasudevan Nair

34. Shrimati Sahodra Bai Rai

35. Chowdhary Ram Sewak

36. Shri J. Ramapathi Rao

•Shri Krlshan Dutt ceased to be a member of the Committee on his retiremenr ftOM the membership of the Rajya S^bha on 10-11-1966,

37. Shri R. Surender Reddy

38. Dr. Sisir Kumar Saha

39. Shri C. Subramaniam

49. Shri Surya Prashad

41. Shri Mohammad Tahir

42. Shri Dodda Thimmaiah

43. Shri Vishram Prasad

44. Shri Yudhvir Singh

45. Dr. Sushila Nayar

REPHESENTATIVES OF THE MINISTRIES

Ministry of Law

Shri G. R. Bal, Joint Secretary and Legislative Counsel. Shri A. K. Srinivasamurthy, Deputy Legislative Counsel.

Ministry of Health and Fxmily Planning

Shri S. K. Borkar, Drugs Controller of India. Shri P. S. Ramchandran, Deputy Drugs Controller of PndUt.

Ministry of Food, Agriculture, Community Development and

Cooperation

Shri K. Ramamurthy, Joint Secretary. Dr. Sardar Singh, Plant Protection Adviser.

Ministry of Petroleum and Chemicals

Shri B. L, Chak, Joint Secretary.

SECRETARIAT

Shri S. S. Bhalerao, Joint Secretary. Shri S. P. Ganguly, Deputy Secretary. Shri Amar Nandi, Under Secretary.

REPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* to regu- late the import, manufacture, sale, transport, distribution and use of insecticides with a view to prevent risk to human beings or verte- brate animals, and for matters connected therewith, was referred, having been authorised to submit the Report on their behalf, pre- sent this their Report, with the Bill as amended by the Committee, annexed thereto.

2. The Bill was introduced in the Rajya Sabha on the 16th Decem- ber, 1964. The motion for reference of the BUl to a Joint Commit- tee of the Houses as moved on the 25th July, 1966, by Shri B. S. Murthy, the Deputy Minister in the Ministry of Health and Family Planning and was adopted by the House on the 26th July, 1966.

3. The Lok Sabha discussed the motion on the 8th November, 1966 and, while concurring in the said motion on the same day recom- mended that the Joint Committee be instructed to report by the 30th November, 1966.

4. The message from the Lok Sabha was, read out to the Rajya Sabha on the 10th November, 1966 and the Rajya Sabha concurred in the recommendation of the Lok Sabha on the 14th November, 1966,

5. The Committee held 7 sittings in all.

6. The Committee decided to invite (i) one expert representative of the Pesticides Association of India, New Delhi, (ii) one scientist from the I.A.R.I., Pusa, New Delhi and (iii) a Block Development Officer and a farmer to give oral evidence before the Committee and accordingly heard the evidence tendered by the following at their sittings held on the 21st and 22nd November, 1966:—

(1) Shri N. V. Khote

(2) Dr. S. Pradhan

(3) Shri S. C. Dhawan.

7. The Committee decided that the whole of the evidence tender- ed before them be laid on the Table in both the Houses.

•Published in Part II, Section 2 of the Gazette of India Extraordinary, daTcd the t6th December, 1964.

8. The Report of the Committee was to be presented by the 30th November, 1966. The Committee were, however, granted an exten- sion of time upto the 7th December, 1966.

9. The Committee considered the Bill clause by clause at their sittings held on. the 24th November and the 1st December, 1966 and adopted their Report on the 3rd December, 1966.

10. The principal changes suggested by the Committee in the Bill and the reasons therefor are set out in the succeeding para- graphs.

Long Title

The object of the Bill is to regulate the import etc. of insecticides with a view to prevent risk to human beings or vertebrate animals. However, the Committee of the view that it would be necessary to prevent risk not only to vertebrate animal but to all animals useful to human beings, including fish and fowl and such kinds of wild life as the Central Government may desire to protect or preserve. Conse- quently, the word "vertebrate" has been omitted in the Bill.

Clause 1

The Clause has been amended so as to extend the application of the Bill to the whole of India including the State of Jammu and Kashmir.

Clause 3

Paragraph (a) (new).—For the reasons stated above, the defini- tion of the term vertebrate animals in original paragraph (p) has been omitted and a new definition of "animals" has been incorporat- ed in paragraph (a).

Paragraph (k) [original paragraph (j)].—The Committee are of the opinion that an insecticide shall also be deemed to be mis- branded if, among other things, it is mixed or packed with any sub- stance which would alter its nature or quality; the Committee also feel that in such a case it is not necessary to bring in the test of risk to human beings; etc. Item (viii) of the paragraph has been amend- ed accordingly.

Par\igraph (m) [original paragraph (Z)].—The definition of the term "premises" has been further clarified so as to include therein land as well.

Paragraph (o) (new).—As every insecticide is required to be registered in accordance with the provisions of the Bill, the word "registered" has been defined.

Clause 4

The Committee feel that the composition of the Central Insecti- cides Board should be expanded so as to—

(a) give representation to the following institutions: —

(i) Indian Council of Agricultural Research;

(ii) Indian Council of Medical Research; and

(iii) Zoological Survey of India.

(b) include in the membership of the Board an expert in medi- cal toxicology, and

(c) increase the number of some experts to be nominated by the Central Government from two to four.

The clause has been amended accordingly.

The other changes in the clause have been necessitated due to the re-designation of certain Ministries of the Government of India and re-allocation of work amongst them.

Clause 5

Svib-clause (1).—The functions of the Registration Committee are distinct from those of the Central Insecticides Board. Whereas the Board will have only advisory functions, the said Committee will be entrusted mainly with the task of registering insecticides in accordance with the provisions of the Bill. It is for this reason that the Committee feel that like the Board, the Registration Committee should also be constituted by the Central Government and not by the Board. Necessary changes have been made in the sub-clause. Opportunity has also been taken to include in the Registration Com- mittee the Plant Protection Adviser to the Government of India.

Sub-clause (2).—The Committee feel that the Chairman of the Registration Committee need not necessarily be a member of the Board and that the Central Government should be empowered to determine his term of office and other conditions of service. The sub-clause has accordingly been amended.

Sub-clause (3) (new).—It has been made clear that a member of the Registration Committee should hold office for so long as he is a member of the Board.

Sub-clause (5) (new).—The Registration Committee has been empowered to regulate its own procedure and conduct of business.

Clause 9

Sub-clause (3).—The Committee have enlarged the scope of the sub-clause by amending the second proviso to empower the Regis- tration Committee to refuse registration of an insecticide on the ground that the precautions to be observed for its use are not such as can be easily observed.

Sub-clause (4) (new).—The Committee are of the opinion that where an insecticide has already been registered and another person desires to import or manufacture that insecticide it Is not necessary for the Registration Committee to again scrutinise the application for grant of registration and that such Importer or manufacturer may be granted a certificate of registration on the same conditions on which the original insecticide was registered.

Clause 10 (Original)

The Committee feel that the manufacture of insecticides being a new industry in this country should be encouraged and nothing should be done which will act as a curb on the development of this industry. The scientific advance in the field of insecticides will ensure invention of new and better insecticides and the insecticides already registered will be eliminated through the normal operation of the market forces. The Committee are, therefore, of the opinion that no provision should be made at this stage of development of the industry for the cancellation of a certificate of registration issued in respect of any insecticide on this ground. The clause has accordingly been deleted.

Clause 11 (New)

The new clause has been added to confer on the Central Govern- ment the power to review any decision of the Registration Com- mittee under Clause 9.

Clause 15 (Original)

The Committee feel that some time limit should be indicated in the Bill itself within which the appellate authority should dispose of

the appeal preferred to it against the decision of a licensing officer. The words "ordinarily within six months" have therefore been sub- stituted for the words "as expeditiously as possible" in sub-clause (2) of the clause.

Clauses 19 and 20 (Original)

The amendment proposed in these clauses are of a clariflcatory nature inasmuch as the persons who would be appointed as Insecti- cide Analysts and Insecticide Inspector should possess requisite technical qualifications as well.

Clause 22 (Original)

The Clause provided for punishment of Insecticide Inspectors for vexations seizures and other ancillary matters in the performance of their duties. The Committee feel that this provision might un- necessarily hamper the Insecticide Inspectors in the performance of their duties and deter them from effectively exercising powers under the Bill. The Committee have, therefore, deleted the clause-

Clause 24 (Original Clause 25)

The Committee feel that some definite time limit should be fixed in the Bill itself within which the Insecticide Analyst must deliver his report on the test or analysis carried out in respect of the sam- ple of insecticide submitted to him by the Insecticide Inspector. In the opinion of the Committee a period of sixty days should ordina- rily be sufficient for the purpose. The clause has been amended accordingly.

Clause 25 (Original Clause 26)

The Committee are of the opinion that the Court should be em- powered to confiscate a misbranded insecticide even in cases where no proceedings have been instituted against any person in respect thereof. A new sub-clause (2) has accordingly been added.

Clause 27 (Original Clause 28)

The Committee feel that the power of the Government to prohi- bit the sale, etc. of any insecticide should be restricted where neces- sary to the prohibition of any particular batch thereof and that the Government must record in writing the reasons for such prohibition whenever it takes action.

The Committee are also of the opinion that the investigation under this clause should be completed ordinarily within a period of

sixty days and if for any reason the investigation is not so complet- ed, this period may further be extended by not more than thirty days.

Necessary changes have been made in this clause.

Clause 29 (Original Clause 30)

The Committee feel that the higher punishment provided under sub-clause (1) of this clause should not be directed against the users of insecticides but only against those who cause such insecti- cides to be used by any worker and that only a monetary punish- ment should be provided against the users of such insecticides.

The Committee also feel that the Court should be given discretion to decide as to the nature of punishment to be awarded for the offences specified in this clause and that the quantum of punishment therein should be scaled down.

Suitable changes have accordingly been made in the clause.

Clause 30 (Original Clause 31)

The Committee are of the opinion that persons other than im- porters or manufacturers of an insecticide or their agents should not be penalised for the contravention of any provision of the Bill under certain specified circumstances. A new sub-clause (3) has been added for this purpose.

Clause 36 (Original Clause 37)

The rule-making power of the Central Government has been amplified or clarified to cover certain matters such as the functions of the Registration Committee, the travelling allowance payable to members of the Board, etc., the protective clothing and equipment to be used by workers and equipment for and method of application of an insecticide.

Clause 38 (Original Clause 39)

The Committee feel that in so far as small farmers are concerned, the power to exempt them from the provisions of the Bill should not be left to the discretion of the Central Government but should be specified in the Bill itself.

889 G of 1—3.

The Committee are also of the opinion that exemption under this clause should cover, if the Central Government so directs, any edu- cational, scientific or research organization engaged in carrying out experiments with insecticides.

11, The Committee recommend that the Bill, as amended, be passed.

NEW DELHI; PHULRENU GUHA,

3rd December, 1966, Chairman of the Committee

THE INSECTICIDES BILL, 1964

ARRANGEMENT OF CLAUSES

CLAUSES

1. Short title, extent and commencement.

2. Application of other laws not barred.

3. Definitions.

4. The Central Insecticides Board.

5. Registration Committee.

6. Other Committees.

7. Procedure for the Board.

8. Secretary and other officers.

9- Registration of Insecticides.

10. Appeal against non-registration or cancellation.

11. Power of revision of Central Government.

12. Licensing Officers.

13. Grant of licence.

14. Revocation, suspension and amendment of licences.

15. Appeal against the decision of a licensing officer.

16. Central Insecticides Laboratory.

17. Prohibition of import and manufacture of certain insecti- cides.

18. Prohibition of sale, etc., of certain insecticides.

19. Insecticide Analysts.

20. Insecticide Inspectors.

21. Powers of Insecticide Inspectors.

22. Procedure to be followed by Insecticide Inspetcors.

23. Persons bound to disclose place where insecticides are manu- factured or kept.

24. Report of Insecticide Analyst-

25. Confiscation.

26. Notification of poisoning.

27. Prohibition of sale, etc., of insecticides for reasons of public safety.

28. Notification of cancellation of registration, etc

29. Offences and punishment.

30. Defence which may or may not be allowed in prosecutions under this Act.

31. Cognizance and trial of offences.

32. Magistrate's power to impose enhanced penalties.

83. Offences by companies.

34. Power of Central Government to give directions.

35. Protection of action taken in good faith.

36. Power of Central Government to make rules.

37. Power of the State Government to make rules.

38. Exemption.

THE SCHEDULE.

BUI No. XXX of 1964

l Hb INSECTICIDES BILL, 1964

(AS REPORTED BY THE JOINT COMMITTEE)

[Words side-lined or underlined indicate the amendments suggested

by the Committee; asterisks indicate omissions.]

A

BILL

to regulate the import, manufacture^ idle, 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 Seventeenth Year of the

Republic of India as follows: —

1. (1) This Act may be called the Insecticides Act, 1966.

(2) It extends to the whole of India. * * *

(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint and

Short title, ex- tent and com- mence- ment.

different dates may be appointed for different States and for different provisions of this Act.

2. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.

Applica- tion of other laws not barred.

3. In this Act, unless the context otherwise requires,—

Defini- tions.

(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 consti- tuted""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—

(1) any substance specified In the Schedule; or

(ii) such other substances (including fungicides and weedicides) as the Central Government may, after consul- tation with the Board, by notification in the Official Gazette, include in the Schedule from time to time; or

(Hi) 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 writ- ten, 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 treat- ing or adopting any insecticide with a view to its sale, dis- tribution or use but does not include the packing or breaking up of any insecticide in the ordinary course of retail busi- ness; and

(fi) 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 gra- phic representation relating thereto which is false or mis- leading 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

(Hi) 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 re- quired 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 labelled 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* * •;

(Z) "package" means a box, bottle, casket, tin, barrel, case, receptacie, 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;

thisTCcT;

(n) "prescribed" means prescribed by rules made under I

(o) "registered", with its grammatical variations and cognate expressions, means registered under this Act;

(p) "sale", with its grammatical variations and cognate ex- pressions, 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.

The Central Insecti- cides Board.

4. (1) The Central Government shall, as soon as may be, consti-

tute a Board to be called the Central Insecticides Board to advise

the Central Government and State Governments on technical mat-

ters 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 (I) 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 distribu' tion of insecticides witti a view to ensure safety to human beings or * animals.

(5) The Board shall consist of the following members, namely: —

(i) the Director General of Health Services, ex offido, who shall be the Chairman;

(it) the Drugs Controller, India, ex offido;

(Hi) the Plant Protection Adviser to the Government of India, ex offido;

(iv) the Director of Storage and Inspection, Ministry of Food, * Agriculture, Community Development and Co-operation (Department of Food), ex offido;

(v) the Chief Adviser of Factories, ex offido;

(vi) the Director, Central Institute of Communicable Dis- eases, ex offido;

(vii) the Director General, Indian Council of Agricultural Research, ex offido;

(viii) the Director General, Indian Council of Medical Research, ex offido;

(ix) the Director Zoological Survey of India, ex offido;

(x) the Director General, Indian Standards Institution, ex officio;

(xi) the Director General of Shipping or, In his absence, the Deputy Director General of Shipping, Ministry of Trans- port, Aviation, Shipping and Tourism, ex offldo;

(xii) the Joint Director, Traffic (General), Ministry of Railways (Railway Board), ex offido;

~™" (xiii) the Secretary, Central Committee for Food Standards, ex offido;

(xiv) one person to represent the Ministry of Petroleum and Chemicals, to be nominated by the Central Government;

(xv) one pharmacologist to be nominated by the Central Government;

(xvi) one medical toxicologist to be nominated by the Cen- tral Government:

886 G of I Ex.—3.

(xvii) one person who shall be in charge of the department dealing with public health in a State, to be nominated by the Central Government;

(xviii) two persons who shall be Directors of Agriculture in States, to be nominated by the Central Government;

(xix) four persons, one of whom shall be an expert in indus- trial health and occupationafhazards, to be nominated by the Central Government;

(xx) one person to represent the Council of Scientific anr¹ Industrial Research, to be nominated by the Central Govern- ment.

(4) The persons nominated under clauses (xiv) to (xx) inclusive, of sub-section (3) shall, unless their seats become vacant earlier by resignation, death or otherwise, hold office for three years from the date of their nomination, but shall be eligible for re-nomina- tions

Provided that the persons nominated under clauses (xvii) and (rviU) shall hold office only for so long as they hold the appoint- ments by virtue of which their nominations were made,

(5) The functions of the Board may be exercised notwithstanding any vacancy therein.

Rogietra- tion Com-

5. (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 Con- troller. 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 manufac-* turer, as the case may be, as regards their efficacy and safety to human beings and * animals; and

(U) to perform such other functions as are assigned to it by or under this Act.

(2) Where the Chairman is not a member of th" Board, hia term of office and other conditions of s"rvice shall toe such as may be determined by the Central Government,

(3) Subject to the provisions of sub-section (2), a member o* 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 export* and for such purpose or period as it may deem fit, but any expert 'so co-opted shall have no right to vote,

and the conduct of business to be transacted by it,

1 (⁵) The Registration Committee shall regulate its own procedurt

othw

tew.

6. 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,

Proeettttw for Board 7. 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. The Central Government shall—

Secretary and crthW

OfftoOTt.

(i) appoint a person to be the Secretary of the Boafd who shall also function as Secretary to the Registration Committee; and

(ii) provide the Board and the Registration Conunlttea with such technical and other staff as the Central Government considers necessary.

thro ttt 1ft' s ecocide*, J 9. .(2) Any person desiring to import or manufacture any 'insecticide may apply to the Registration Committee for the regia* tration of such insecticide and there shall be a separate application for each such insecticide:

Provided that any person engaged in the business of import or manufacture of any insecticide immediately before the commence- ment of this section shall make an application to the Registration Committee within a period of six months from the date of such commencement for the registration of any insecticide which he haa been importing or manufacturing before that date.

(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 enqufry as it deami fVt

and after satisfying itself that the insecticide to which the applica- tion 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 and on payment of such fee as may toe pres- cribed, 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 c/a 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 precau- tions the use of the insecticide involves serious risk to human beings or "animals, it may refuse to register the insecticide.

(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 insecti- cide or engaged in the business of, import or manufacture thereof I shall on application and on payment of prescribed fees be allot- ted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the insecti- side was originally registered.

* * * **

App""l

•(flinst

n"n-refiB-

tration vt

cancelM-

tio".

10. 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. The Central Government may, at any time, call for the | Power 01 revlilon oi Central Govern- ment

, record relating to any case in which the Registration Committee ' has given a decision under section 9 for the purpose ef satisfying itself as to the legality or propriety of any such decision and may pass any such order in relation thereto as it thinkB 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.

Licensing officer!.

12. The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be licensing officers fer the purposes of this Act and define the areas in respect of which they shall exercise jurisdiction.

Grant of licence.

13. (1) Any person desiring to manufacture or to sell, stock or exhibit for sale or distribute any insecticide, may make an applica- tion to the licensing officer for the grant of a licence;

Provided that any person engaged in the business of manufac- turing 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 licence within a period of three months from the date of such commencement.

(2) Every application under sub-section (I) 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 licence, the licensing officer may grant a licence in such form, on such conditions and on payment of such fee as may be prescribed.

—*™(4) A licence 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 licence has been granted to any person who has made an application under the proviso to sub-section (1), that licence shall be deemed to be cancelled in relation to any In- secticide, the application for registration whereof has been refused or the registration whereof has been cancelled, under this Act, witfc effect from the date on which such refusal or cancellation is noti- fied in the Official Gazette.

14. (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

Bevoca- tion, sus- pension and amend- ment of licences.

(b) the holder of a licence has failed to comply with the conditions subject to which the licence was granted Or has con- travened 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.

Appeal against the decision of a hcens Ing officer.

157 (1)" Any person aggrieved by a decision of a licensing offi- cer 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 autho- rity in such manner and on payment of such fee as may be pres- cribed:

Provided that the appellate authority may entertain an appeal after the expiry of the said period if it is satisfied that the appellant wus prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under subjection (1), the appel- late 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. The Central Government may, by notification in the Official Gazette, establish a Central Insecticides Laboratory under the con- trol of a Director to be appointed by the Central Government to carry out the functions entrusted to it by or under this Act:

Central Insecti- cides Laborn^ tory.

Provided that if the Central Government so directs by a Notifi- cation in the Official Gazette, the functions of the Central Insecti- cides Laboratory shall, to such extent us may be specified in the notification, be carried out at any such institution as may be speci- fied therein and thereupon the functions of the Director of the Central Insecticides Laboratory shall to the extent so specified b* exercised by the head of that Institution.

17. (I) 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;

Prohibi- tion of import and manufac- ture of certain insecti- cides.

(c) any insecticide except in accordance with the condi- tions on which It was registered;

(d) any Insecticide in contravention of any other provision o£ this Act or of any rule made thereunder:

Provided that any person who has applied for registration of an insecticide under the proviso 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 with- in 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.

18. (I) No person shall, himself or by any person on his behalf, sell, stock or exhibit for sale, distribute, transport or cause to be used by any worker—

Prohibi- tion of sale, etc., of certain insecti- cide (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, stock or exhibit for sale or distribute any insecticide except under, and In accordance with the conditions of a licence 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 regis- tration under the proviso to sub-section (1) of section 9, shall be deemed to be registered till the date on which the refusal to reglSr ter such insecticide jg notified in the Official Gazette,

InsecticicU Analysts.

19. 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 qualifica-

tions as may he 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.

Insecticide Inspec- tors.

20. (I) 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 qualifica-

tions as may he prescribed to he Insecticide Inspectors for such

areas as may be specified in the notification:

Provided that any person who does not possess the required qualifications mav 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.

48 of iBto.

(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 Govern- ment appointing him may specify in this behalf.

21. (1) An Insecticide Inspector shall have power—

Powers of Insecti- cide Inspec- tors.

(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 anv 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 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 thlf 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, 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 sam- ples for analysis to the Insecticide Analyst for test in the pres- cribed 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.

S of 1Mb.

(2) The provisions of the Code (if Criminal Procedure, 1898, 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 98 of the said Code.

5 of 189B.

(3) An Insecticide Inspector may exercise the powers of a police officer under section 57 of the Code of Criminal Procedure, 1898, for the purpose of ascertaining the true name and residence of the per- son from whom a sample is taken or an insecticide is seized. I • * • • *

22. (1) Where an Insecticide Inspector seizes any record, regis- ter 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.

Procedure tob" followed by Insec- ticide Inspector!, (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;

886 G o il Ex.—4.

(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 re- medied 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 insec- ticide, he shall tender the fair price thereof and may require a written acknowledgement therefor.

(4) Where the price tendered under sub-section (3) is refused, or where the Insecticide Inspector seizes the stock of any insecti- cide under clause (d) of sub-section (7) of section 21, he shall tender a receipt therefor in the prescribed form.

(5) Where an Insecticide Inspector takes a sample of an insec- ticide for the purpose of test or analysis, he shall intimate such pur- pose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully 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:

Provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Insec- ticide 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 per- son from whom he takes it and shall retain the remainder and dis- pose 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. Every person for the time being in charge of any premises wh"ere 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 rase may be.

Persons bound to disclose place where insecti- cides are manufac- tured or kept.

Report of Insecticide Analyirt.

Z\. (/) The Insecticide Analyst to whom a sample of any insec- ticide has been submitted for test or analysts under sub-section (6) of section 22, shall, within a period of sixty days, deliver to the In- secticide 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 Insec- ticide 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 Ihe report.

Conflaca. tion.

£5_ (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 con- travention has been made shall be liable to confiscation.

(2) Without prejudice to the provisions contained in sub-section (}), 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.

Notification oj poison- ing.

¹ 26. 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 offl* cer as may be specified in the said notification.

Prohibi- tion of sale, etc., of insecti- cides for reasons of public safety.

7,1. (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 (Hi) of clause (e) of section 3 or any specific batch thereof is likely to involve such risk to human beings or ani- mals 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 or is not likely to cause any such risk, it may pass such order (including an order refusing to register the Insecticide or cancelling the certificate of registration, If any, granted in respect thereof), as it deems fit, depending on the circumstances of the case,

28. 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.

Notifica- tion of cancella- tion of registra- tion etc. 29. (1) Whoever —

Offences and punish- ment.

(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 dis- tributes an insecticide without a licence; or

(d) sells or distributes* an insecticide, in contravention of

section 27; or

(e) causes an insecticide, the use of which has been prohi-

I bited 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 tha rules made thereunder; shall be punishable—

(i) for the first offence, with imprisonment for a term which may extend to two years, or with fine which may ex- tend to two thousand rupees, or with both;

(it) for the second and a subsequent offence with imprison- ment for a term which may extend to three years, or with fine, or with both.

* • • *

sion of this Act or any rule made thereunder shall be punishable with fine which may extend to five hundred rupees.

1 (²) Whoever uses an insecticide in contravention of any provi- (3) Whoever contravenes any of the other provisions of this Act or any rule made thereunder or any condition of a certificate of registration or licence granted thereunder, 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;

(i{) for the second and a subsequent offence, with imprison' ment 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 com- mits 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 man- ner as the court may direct.

30. (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 circums- tances of its manufacture or import.

Defences which may or may not be allowed in prose- cutions under this Act.

(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 convey- ance some extraneous substance has un avoidably become in- termixed with it.

(3) A person not being an importer or a manufacturer of an in- sect'eide or his agont 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 con- travened any provision of this Act; and

(c) that the insecticide, while in his possession, was pro- perly stored and remained in the same state as when he acqui- red it.

Cogni- zance and trial of offences.

31. (1) No prosecution for an offence under this Act shall be instituted except by, or with the written consent of, the State Gov- ernment or a person authorised in this behalf by the State Govern- ment.

(2) No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act.

5 of 1898.

Magis- trate's power to impose enhanced penalties.

32. Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any presidency magistrate or any magistrate of the first class to pass any sentence under this Act, in excess of his power under section 32 of the said Code.

Offences by com- panies.

33. (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 proceed- ed 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 iy 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 *

firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the

firm.

34. 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 provi- sions of this Act or of any rule or order made thereunder.

Power of Central Govern- ment to give direc- tions.

35. 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

Protection of action taken In good faith in good faith done or intended to be done under this Act.

36. (I) The Central Government may, after consultation with the BoarcTand subject to the condition of previous publication, by~notifi- cation in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Act:

Power of Central Govern- ment to make rules.

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 consulta- tion, 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 labelling;

(b) the manner of registration of an insecticide; (c) the functions of the Board and of the Registration Com- mittee and the travelling and other allowances payable to mem- bers 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 conditions of registration and the fee payable in respect of registration;

(g) the manner of appeal to the Central Government under section 10 and the fee payable therefor;

(H) the form of application for the grant of licence and the particulars relating thereto;

(i) the form of licence, the conditions attached thereto and the fee payable therefor;

(j) the period for which a licence may be renewed and the fee for such renewal;

(k) the circumstances in which a licence may be varied or amended under sub-section (2) of section 14;

(I) the functions of the Central Insecticides Laboratory;

(m) the qualifications, powers and duties of an Insectiaide Analyst aad an Insecticide Inapactor;

(n) the manner of testing or analysing the samples of any insecticide and the fee payable therefor;

(0) 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 (/) of section 24;

(q) the protective clothing and equipment to be used by workers during the manufacture, formulation, transport, dis- tribution 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;

(£) the measures for detecting and investigating cases in which poisoning has occurred;

(u) the facilities to be provided for ensuring first-aid treat- ment;

(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 en- gaged in the manufacture or handling of insecticides;

(x) the conditions to be observed in regard to import, manufacture, sale, transport, distribution, storage or use of an insecticide;

(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 insecticides during

transport or otherwise along with articles of food;

(2b) the maximum proportion of any insecticide which may~be~added to, or contained in, any preparation for domestic use and the restrictions thereon;

886 G o'f I Ex.—5.

(zc) the manner in which refusal to register an insecticide or cancellation of certificate of registration thereof may be notified;

(gd) the officer or authority to whom the Central Govern- ment 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, pres-

cribed"!

(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 Df Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, 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 modi- fied 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. (1) The State Government may, after consultation with the Board and subject to the condition of previous publication, by notifi- cation 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.

Power of the State Govern- ment to make rules.

(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 con- ferred by this Act on the State Government to any officer or authority specified by that Government.

38. (1) Nothing in this Act shall apply to—

Exemption.

(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 Offi- cial 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 educational, scientific or research organization engaged in carrying out experiments with insecticides.

THE SCHEDULE

[See section 3(e)]

LIST OF INSECTICIDES

Acrylonitrile

Aldrin (1 : 2 : 3 : 4 : 10 : 10-hexachloro-l : 4 : 4a; 5 : 8; 8a- hexahydra 1 : 4: 5 : 8-dimethanonaphthalene)

Allethrin (allyl homologue of Cinerein I)

Aluminium Phosphide

Amiton

Antu (Alpha-naphthyl thiourea)

Aramite [2 (p-tert-butylphcnoxy) ispropyl 1-2 chloroethyl sulphite]

Barium Carbonate

Barium Fluoro Silicate

BHC (Benzene Hexachloride) (1, 2, 3, 4, 5, 6-hexachloro- hexane)

Bis-dimethylamino Flourophosphine Oxide

Calcium Arsenate

Calcium Cyanide

Captan (N-trichloromethylmercapto-4-cyclohexane), 1, 2-dis- carbox imide

Carbaryl (1-naphtyl-N-methyl carbamate)

Carbon Dlsulphide

Carbon Tetrachloride

Chlorbenside (p-chlorobenzyl-p-chlorophenyl sulphide)

Chlorbis ethyl amino triazine

Chlordane (1, 2, 3, 4, 5, 6, 7, 8, R-Octachlore-2, 3, 3a, 4, 7, 7a- hexahydro-4, 7-methanoindane)

Chlorobenzilate (Ethyl 4, 4'-dichlorobenzilate)

Chlorothion (o, o-dimethyl-o-3-chloro-4-nitrophcnyl thiono phosphate)

Chloro-I.P.C.

Chloropicrin Chlorofenson (p-chlorophenyl-p-chlorobenzene sulpihonate) S- (p-chlorophenylthio) methyl-o-o-diethyly phosphorodith- ioate (Trithion)

CIPC [isopropyl-N (3-chlorophenyl) carbamate] CMU (Manuron) Copper Arsenate Copper Cyanide

Copper naphthanate

Copper Sulphate Coumachlor [3- (a-acetonyl-4-chlorokenzyl-4-hydroxy coum- arin) ]

Copper Oxychloride Cuprous Oxide Dalapon (Sodium 2, 2, dichloropropionat")

D-D mixture DDD (Dichloro Diphenyl Dichloroethane) DDT [ a mixture of 1, 1, l-trichloro-2, 2,-bis, (p-chlorophenyl) ethane and 1, 1, l-trichloro-2- (o-chlorophenyl) -2 (p-chlo- rophenyl) ethane]

DDVP (2, 2-dichlorovinyl dimethyl phosphate) Demeton-0 (O, O-diethyl-S [2-(ethylthio)-ethyl) phoaphoro- thioate]

Demeton-S (O, O-diethyl-S [2-(ethylthio)-ethyl) phosphoro- thioate]

Diazinon (O, O-diethyl-O [2-isopropyl-6-methyl-4-pyrimi- dinyl] phosphorothioate)

Dibrom (1, 2-dibromo, 2, 2-dichloroethyl dimethyl phosphate) Dichlorophenoxy acetic acid (2, 4-D) Dieldrin (1 : 2 : 3 : 4 : 10 : 10-hexachloro-6; 7-epoxy-l : 4a : 5 : 6 : 7 : 8 : 8a Octahydro-1 : 4 : 5 : 8-dimethano- naphthalene)

Dimethoate (0, O-dimethyl-S-(N-methylcarbamoyl methyl) phosphorodithioate)

Dipterex (0, O-dimethyl-2, 2, 2-trichloro hydroxy ethyl phos- phonate)

DNOC (Dinitro-ortho-compound) (3 : 5-dinitro-o-cresol) EDCT mixture (Ethylene Dichloride Carbon Tetrachloride mixture)

Ekatin Endrin (1, 2, 3, 4, 10-10-hexachlore-6, 7-epoxy-l, 4, 4a, 5, 6, 7, 8, &a-Octahydro-l, 4-endo-endo, 5-8-dimethanonaphtha- lene)

E.P.N. (O-ethyl-O-p-nitriphenyl benzene thiophosphonate)

Ethyoxy ethyl mercury chloride

Ethyl di-n-propylthiolcarbamate (Eptam)

Ethyl mercury phosphate Ethyl mercury chloride Ethylene dibromide Ethylene Dichloride Fenson (Parachlorophenyl benzene sulphonate)

Fenthion (3-methyl-4-methyl thiophenyl phosphorathionate)

Ferbam (Ferric Dimethyl dithio Carbamate) Gusathion (O, O-dimethyl S (4-oxo-l, 2, 3-benzotriazinyl-3- methyl) phosphorothioate)

Heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-4-7-methano-3a, 4, 7, 7a-tetrahydoindene) 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.)

Malathion (S-(l, 2-Bis (ethoxycarbonyl) ethyl) O, O-dime- thyl-phosphoro-dithioate)

Malelc hydrazide (1, 2-dihydropyridazine 3, 6-dione) Maneb (Manganese ethylene bisdithiocarbamate) MCPA- (4-chloro-2 Methyl phenoxy acetic acid) Mercuric Chloride

Metaldehyde Metasystox Methoxychlor (1, 1, l-trichloro-2, 2-di-p-methoxypher.yle- thane)

Methoxy ethyl mercury chloride Methyl bromide Methyl demeton (Dimeton-methyl and Dimeton-s-Methyl)

Methyl Mercury Chloride Methyl Parathion (O, O-dimethyl-O-P-nitrophenylthiophos- phate)

Metox (Chlorsulphicide)

Nabam (Disodium ethylene-1, 2-bisdithiocarbamate'> Nicotine sulphate

Octa methyl phyrophosphoramide

Para-dichloro benzene

Parathion (O, O-diethyl-O-P-nitrophenylthiophosphate) Paris Green (Copper Aceto arsenite) Pentachloronitrobenzene (P.C.N.B.) Pentachlorophenol Phenyl mercury acetate Phenyl mercury chloride Phenyl mercury urea Phosdrlne Phthalimjdomethyl-O-O-dimethyl phosphorodithioate (Imidan) Piperonyl butoxide (butyl carbityl) (6-propyl piperonyl) ether O Plval (2-PivalyMndane 1-3-dione) Potassium Cyanide n-Propyl ethyl-n-butyl thiolcarbamate (Tillam) Pyrethrins (insectically active principles of Chrysanthemum cinerariaejolium)

Rotenone

Ryania Sodium fluoroacetate

Sodium cyanide

Sodium Fluoro Silicate Sulphur (wettable or colloidal sulphur)

Strychnine Sulphoxide (1, 2-methylene-dloxy-4 (2-octylsulphinyl) propyl benzene)

]

TCA' (trichlor aceti acid sodium and ammonium salts)

Tedion (tetrachlor diphenyl sulphone) TEPP (tetraethyl Pyrophosphate) Tetrachloro-p-benzoquinone Thanite

Thiram (bis (dimethyl Thiocarbamyl) disulphide) Tolyl mercury acetate

Trichlorph"n

Triorthocresyl Phosphate

Thallium sulphate Thiometon

Toxaphene (chlorinated camphene containing 67-69% chlorine) Trichlorophenoxy acetic acide (2, 4, 5-T)

Warfarin (3-a-acetonyl benzyl-4-hydroxy-coumarin)

Zinc Phosphide Zimet

Zineb (Zinc Ethylene bia-dithiocarbamate) Ziram (Zinc iimethyl-dithiorcarbamate)

Zulate

B. N. BANERJEE,

Secretary.

PRINTED IN INDIA BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, MINfrO ROAD, NEW D.ELHI AND PUBLISHED BY THE MANAOER OFl IPUBLICATION3,

DELHI, 1966.