PROPOSED AMENDMENTS TO INSECTICIDES ACT,1968

Amendments to the Insecticides Act 1968 has been engaging the attention of the Govt. for quite some time. Department of Agriculture & Cooperation constituted a "CORE COMMITTEE" under the Chairmanship of Joint Secretary(PP) with members from quarters concerned to look into the problems faced by various sectors and the operation of the Act. The COMMITTEE after deliberating the issue with various quarters has come out with the following proposals for the amendments to the Insecticides Act, 1968. The summary of the proposed amendments are given below for your information.. The Department solicits your valued suggestions through this forum. The suggestions may kindly be mailed to - -- latest by 31st JANUARY 2002.



PROPOSED AMENDMENTS

1 ISSUE-

DEFINITION OF ‘MISBRANDED’ INSECTICIDES u/s 3(k)

STATUS- PRESENTLY ONLY ONE CATEGORY

i.e. MISBRANDED.

PROPOSAL-

FOLLOWING THREE CATEGORIES PROPOSED :-

A. MISBRANDED- It relates to non-adherence to prescribed

label-leaflets etc.

B. SUBSTANDARD-It relates to minor variations in quality

C. SPURIOUS-It relates to significant variations in quality

GROUNDS:- To provide for differential punishment linked

with severity of offence.

2. ISSUE:-

PUNISHMENTS u/s 29

STATUS:- Based on one category i.e. misbranded.

Ist offence - upto two years imprisonment

and penalty of ten to fifty thousands.

2nd and subsequent offence- upto 3 years imprisonment

and penalty of 15 to 75 thousands.

 

PROPOSAL :- THREE CATEGORIES PROPOSED

A. MISBRANDED PESTICIDES-

Ist offence - Penalty - 25 to 50 thousand

2nd offence - upto 2 years imprisonment and penalty of

50-75 thousands.

3rd & subsequent offence - upto 3 years of imprisonment

and penalty of not less than one lakh;

and cancellation of licence of that insecticide.

 

B. SUBSTANDARD INSECTICIDES

Ist offence - minimum fine of 50 thousand

2nd offence - upto 2 years of imprisonment and minimum

fine of 75 thousand.

3rd & subsequent offence - upto 3 years imprisonment and

minimum fine of one lakh with cancellation of

licence of that insecticide.

 

C. SPURIOUS INSECTICIDES 5

5-10 years imprisonment and minimum fine of 5 lakh in addition to cancellation of licence of that insecticide, wherever applicable.

 

GROUND - This proposal follows as a natural corollary of

re-classification of insecticides in three categories.

 

OTHER OFFENCES-

 

STATUS - Use of insecticide in contravention of any

provision of the Act or the Rule -

upto six months imprisonment and

fine 500-5000 rupees.

 

PROPOSAL - upto six months imprisonment and fine

5-10 thousand rupees.

 

STATUS - Obstructing an insecticide inspector in exercise

of his power or discharge of his duties -

Ist offence - upto two years imprisonment

and penalty of ten to fifty thousands.

2nd and subsequent offence- upto 3 years

imprisonment and penalty of

15 to 75 thousands.

 

PROPOSAL - minimum fine 10 thousand rupees in addition

to punishment under Cr.P.C.,1973.

NOTE - Proposal to link the fine with price index to neutralise inflation.

3 ISSUE. MEMBERSHIP OF THE CENTRAL

INSECTICIDES BOARD (SECTION 4)

 

STATUS :- 29 MEMBERS WITH DGHS AS CHAIRMAN

 

PROPOSAL :-

A. SPECIAL SECRETARY/ADDITIONAL

SECRETARY (PLANT PROTECTION) TO

SUBSTITUTE DGHS AS CHAIRMAN

 

GROUNDS :

IMPLEMENTATION OF THE INSECTICIDES

ACT,1968 NOW RESTS WITH MINISTRY OF

AGRICULTURE.

 

.B. A REPRESENTATIVE OF DRUGS

CONTROLLER GENERAL OF INDIA IN PLACE

OF DRUGS CONTROLLER GENERAL-EX-OFFICIO

 

GROUND :-

DRUGS CONTROLLER GENERAL FINDS IT

DIFFICULT TO REGULARLY ATTEND THE

MEETINGS OF THE CENTRAL INSECTICIDES

BOARD (CIB).

C. FOLLOWING ARE PROPOSED AS NEW MEMBERS:-

I. DIRECTOR, CENTRAL INSECTICIDES LABORATORY

- EX-OFFICIO

 

GROUND:-

HE IS A STATUTORY FUNCTIONARY

ASSIGNED IMPORTANT JOBS OF PRE

AND POST VERIFICATION OF DATA.

II. SECRETARY(CIB & RC)-EX-OFFICIO

GROUND:-

SECRETARY BEING CONVENOR OF CIB&RC.

III. A REPRESENTATIVE OF DEPARTMENT OF

BIO-TECHNOLOGY

GROUND :-

GOVERNMENT’S POLICY TO ENCOURAGE

ENVIRONMENT FRIENDLY PEST MANAGEMENT

APPROACH.

4. ISSUE :- MEMBERSHIP OF REGISTRATION

COMMITTEE u/s 5

PROPOSAL :- REPRESENTATIVE OF DRUGS

CONTROLLER GENERAL OF INDIA IN

PLACE OF DCGI.

GROUND : IN CONSONANCE WITH CHANGE IN CIB.

 

5. ISSUE :- AMENDMENT TO REGISTRATION u/s 9

 

A. STATUS :- ‘ME TOO’ REGISTRATION u/s 9(4) ALLOWED

SUBSEQUENT TO REGISTRATION u/s 9(3)

 

PROPOSAL :- 3 YEARS PROTECTION FOR 9(3)

REGISTRATION

 

GROUND:- PROTECTION PROPOSED TO RECOVER COST

OF R&D AND DATA GENERATION.

 

B. SECTION 9(5) PROPOSED TO BE INSERTED TO

PROVIDE FOR CANCELLATION OF REGISTRATION

FOR FAILING TO COMPLY WITH THE CONDITIONS

OF REGISTRATION. AND THE PROVISIONS OF THE

INSECTICIDES ACT, 1968 AND THE RULES THEREUNDER.

 

6. ISSUE :- GRANT OF LICENCE u/s 13 -

STATUS :- NO QUALIFICATION FOR LICENCEES

 

PROPOSAL :- AS MAY BE PRESCRIBED IN THE

RULES. EXISTING LICENCEES EXEMPTED

FOR 5 YEARS. LICENCE AUTOMATICALLY

GRANTED IF THE AUTHORITY FAILS TO DO

SO IN FIFTEEN DAYS OF APPLICATION. IN CASE APPLICANT

FULFILS THE REQUISITE QUALIFICATIONS / OTHER CONDITIONS.

 

GROUND:- STORAGE, HANDLING AND SALE OF

INSECTICIDES NEEDS EXPERTISE.

 

7. ISSUE :- POWERS OF INSPECTOR u/s 21

STATUS :- STOPPAGE OF SALE FOR 30 DAYS

PERMITTED

PROPOSAL :- (i) STOPPAGE OF SALE FOR MAXIMUM PERIOD OF 7

DAYS MAY BE MADE BY THE INSPECTOR IF THE SAMPLE

FAILS IN THE STATE LAB. STOPPAGE OF SALE BEYOND 7

DAYS ONLY BY AN OFFICER OF THE LEVEL OF JOINT

DIRECTOR AND ABOVE.

(ii) PROVISION FOR CORPUS FROM SALE PROCEEDS OF

FAILED BATCHES FOR WELFARE OF FARMERS

 

8. ISSUE - PROCEDURE REGARDING SAMPLES FOR ANAYLSIS u/s 22

STATUS- THREE SAMPLES ARE TAKEN ONE EACH FOR

MANUFACTURER, LAB. AND THE INSPECTING OFFICE.

PROPOSAL- FOUR SAMPLES PROPOSED TO BE TAKEN . THE FOURTH SAMPLE TO BE SENT TO CIL, FARIDABAD FOR SAFE CUSTODY AND SUBSEQUENT TESTING IF CHALLENGED BY THE DEALER/MANUFACTURER.

 

GROUND :-

TO SAFEGUARD AGAINST ERRONEOUS REPORT.

 

HOUSEHOLD INSECTICIDES

(INCLUDES MATS, COILS, LIQUIDS, VAPORIZERS, ETC.)

 

ISSUE :- REQUIREMENT OF LICENCE AT RETAILER LEVEL

FOR SALE, STOCK, EXHIBITION ETC. OF INSECTICIDES.

 

STATUS:- LICENCE IS REQUIRED.

 

PROPOSAL:- TO EXEMPT THE RETAILERS FROM THE REQUIREMENT

OF A LICENCE FOR SALE, STOCK, EXHIBITION ETC. OF

INSECTICIDES. ONLY ONE HOUSEHOLD INSECTICIDES

LICENCE FOR STOCKHOLDERS AND DISTRIBUTORS.

 

GROUND:- LOW ACTIVE INGREDIENT

:- AVAILABLE IN READY-TO-USE FORM

:- HEALTH PROBLEMS LIKE MALARIA, DENGUE ETC.

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