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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