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Insecticides Act, 1968

Insecticides Act, 1968

[46 of 1968, Dt. 2-9-1968]

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 :-

1. Short title, extent and commencement

a. This Act may be called the Insecticide Act, 1968.
b. It extends to the whole of India.
c. It shall come into force on such date as the central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different states and for different provision of this Act.

2. Application of other laws not barred

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

3. Definitions

In this Act, unless the context otherwise requires,

a. "animals" means animals useful to human beings and include 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 Insecticide Board constituted under section 4;

c. "Central Insecticide Laboratory" means the Central Insecticide 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. "insecticides" means:

i. any substance specified in the Schedule; or
ii. such other substances (including fungicides and weedicides) as the Central Government may, after consultation with the Board, by notification in the Official Gazette, include in the schedule from time to time; or
iii. any preparation containing any one or more of such substances;

f. "Insecticide Analyst" means an Insecticide Analyst appointed under 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 written, printed or graphics matter accompanying the insecticides;

i. "licensing officer" means a licensing officer appointed under section 12;

j. "manufacture" in relation to any insecticide, include:

i. any process or part of a process for making, altering, finishing, packing, labelling, breaking up or otherwise treating or adopting any insecticides with a view to its sale, distribution or use but does not include the packing or breaking up for any insecticides 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;
iv. if any word, statement or other information required by or under this Act to appear on the label not displayed thereon such conspicuous manner as the other words, statements, design or graphic matter have been displayed on the label and 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 prescribe or is mixed or packed with any substance so as to alter its nature or quality or contains any substance which is not include in the registration;

l. "package" means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper, or 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 include any vehicle carrying insecticides;

n. "prescribed" means prescribe by rules made under this Act;

o. "register" with its grammatical variations and cognate expressions, means register under this Act;

p. "sale" with its grammatical variations and cognate expressions, 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 include 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.

1. the garden, grounds and out-houses, if any appertaining to such building or part of a building, and
2. any fittings fixed to such building or part of a building for the more beneficial enjoyment thereof. Public premises (eviction of unauthorized accupants) act, 1971, s. 2 (c).

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