In exercise of the powers conferred by section 36 of the
Insecticides Act, 1968 (46 of 1968), the Central Government, after consultation with the
Central Insecticides Board, hereby makes the following rules, namely :-
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CHAPTER I
PRELIMINARY |
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1. |
Short title and commencement
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1. |
These
rules may be called the Insecticides Rules, 1971/
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2. |
They shall come into force on the 30th day of October, 1971.
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2. |
Definition
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In
these rules, unless the context otherwise requires :-
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a. |
"Act" means the Insecticides Act, 1968 (46 of 1968);
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b. |
[***]
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c. |
"expiry date" means the date that is
mentioned on the container, label or wrapper against the column `date of expiry;]
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d. |
"form" means a form set out in the First
Schedule;
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e. |
"laboratory" means the Central
Insecticides Laboratory;]|
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f. |
"schedule" means a schedule annexed to these rules;
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g. |
[***]
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h. |
"pests" means any insects, rodents,
fungi, weeds and other forms of plant or animal life not useful to human beings;]
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i. |
"primary package means the immediate package containing the
insecticides;
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j. |
"principal" means the importer or
manufacturer of insecticides, as the case may be;
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k. |
"registration" includes provisional
registration;
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l. |
"rural area" means an area which falls
outside the limits of any Municipal Corporation or Municipal Committee or a Notified Area
Committee or a Notified Area Committee or a Cantonment;
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m. |
"Schedule" means a Schedule annexed to
these ruled;
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n. |
" secondary package" means a package
which is neither a primary package nor a transportation package;
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o. |
"section" means a section of the Act;
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p. |
"testing facility" means an operational
unit where the experimental studies are being carried out or have been carried out in
relation to submission of data on product quality or on safety or on efficacy, or an
residues or on stability in storage of the insecticides for which the application for
registration is made.
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q. |
"transportation package" means the
outermost package used for transportation of insecticides.)
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r. |
`Commercial Pest Control Operation means any
application or dispersion of Insecticide(s) including fumigants in household or public or
private premises or land and includes pest control operations in the field including
aerial applications for commercial purposes but excludes private use;
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s. |
'Pest Control Operators'; means any person who
undertakes pest control operations and includes the person or the firm or the company or
the organization under whose control such a person(s) is operating.
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CHAPTER II
FUNCTIONS OF THE
BOARD, REGISTRATION COMMITTEE AND LABORATORY
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3. |
Functions of the Board
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The Board shall, in addition to the functions assigned to it by
the Act, carry out the following functions, namely:
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a. |
advise the Central Government on the manufacture
of insecticides under the Industries (Development and Regulation) Act, 1951 (65 of 1951);
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b. |
specify the uses of the classification of
insecticides on the basis of their toxicity as well as their being suitable for aerial
application;
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c. |
advise tolerance limits for insecticides, residues
and an establishment of minimum intervals between the application of insecticides and
harvest in respect of various commodities;
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d. |
specify the shelf-life of insecticides;
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e. |
suggest colourisation, including colouring matter
which may be mixed with concentrates of insecticides, particularly those of highly toxic
nature;
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f. |
carry out such other functions as are
supplemental, incidental or consequential to any of the functions conferred by the Act or
these rules.
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4. |
Functions of Registration Committee
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The Registration Committee shall, in addition to
the functions assigned to it by the Act, perform the following functions namely :
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a. |
specify the precautions to be taken against
poisoning through the use or handling of insecticides;
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b. |
carry out such other incidental or consequential
matters necessary for carrying out the functions assigned to it under the Act or these
rules.
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5. |
Functions
of Laboratory
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The functions of the Laboratory shall be as follows :
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a. |
to analyse such samples of insecticides sent to it
under the Act by any officer or authority authorized by the Central or State Governments
and submission of certificates of analysis to the concerned authority;
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b. |
to analyse samples of materials for insecticide
residues under the provisions of the Act;
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c. |
to carry out such investigations as may be
necessary for the purpose of ensuring the conditions of registration of insecticides;
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d. |
to determine the efficacy and toxicity of insecticides;
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e. |
to carry out such other functions as may be
interested to it by the Central Government or by a State Government with the permission of
the Central Government and after consultation with the Board.
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CHAPTER III
REGISTRATION OF
INSECTICIDES
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6. |
Manner
of registration
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1. |
a. |
An application for registration of an insecticide under the Act
shall be made in Form I and the said Form including the verification portion, shall be
signed in case of an individual by the individual himself or a person duly authorized by
him; in case of Hindu Undivided Family, by the Karta or any person duly authorized by
him;in case of partnership firm by the managing partner; in case of a company, by any
person duly authorized in that behalf by the Board of Directors; and in any other case by
the person in-charge or responsible for the conduct of the business. Any change in members
of Hindu Undivided Family or partners or the Board of Directors or the person in charge,
as the case may be, shall be forthwith intimated to the Secretary, Central Insecticides
Board and Registration Committee and the Licensing Officer.
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b. |
The Registration Committee may, if necessary, direct inspection of the `testing
facility for establishing the authenticity of the data.
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2. |
An application form duly filled together with a
bank draft, drawn in favor of the Accounts Officer, Directorate or Plant Protection,
Quarantine & Storage, payable at Faridabad towards registration fee shall be sent to
the Secretary, Registration Committee, Directorate of Plant Protection, Quarantine &
Storage, NH-IV, Faridabad-121001, Haryana. The fee shall be payable as follows:-
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i. |
rupees five thousand each in case of application for registration
under Sections 9(3) and 9(3B) of the Insecticides Act, 1968;
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ii. |
rupees two thousand five hundred in case of application for
registration under Section 9(4) of the Insecticides Act, 1968.
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3. |
The registration fee payable shall be paid by a
demand draft drawn on the State Bank of India, Faridabad, in favour of the Accounts
Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad, Haryana.
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4. |
The certificate of registration shall be in Form
II or Form II-A, as the case may be and shall be subject to such conditions as specified
therein.
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6A. |
Issue of duplicate certificate of registration
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A fee of rupees one hundred shall be paid in the
form of demand draft drawn on the State bank of India, Faridabad in favour of the Accounts
Officer, Directorate of Plant Protection, Quarantine & Storage, Faridabad, Haryana for
a duplicate copy of a Certificate of Registration if the original is defaced, damaged or
lost.
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6B. |
Addition, deletion or alteration on the
Certificate of Registration including labels and leaflets
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A Fee of rupees one hundred shall be paid in the
form of demand draft drawn on the State Bank of India, Faridabad, in favour of the
Accounts Officer, Directorate of Plant Protection, Quarantine and Storage, Faridabad,
Haryana on each occasion for each Certificate of Registration for addition, deletion,
alternation on the Certificate of Registration including labels and leaflets.
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7. |
Appeal
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1. |
An appeal against any decision of the Registration
Committee under section 9 shall be preferred in writing [in Form II-B, in duplicate] to
the Central Government in the Department of Agriculture.
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2. |
The appeal shall be in writing and shall set out
concisely and under distinct heads the grounds on which the appeal is preferred.
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3. |
Every appeal shall be accompanied by a demand
draft of rupees one thousand towards fee and a copy of the decision appealed against.
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4. |
The fee payable for preferring an appeal shall be
paid by a demand draft drawn on the State Bank of India, New Delhi in favor of the Pay and
Accounts Officer, Department of Agriculture & Cooperation, New Delhi.]
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8. |
Manner of publication of refusal to register or cancellation of certificate of
registration
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A refusal to register an insecticide or a
cancellation of the certificate of registration of an insecticide shall also be published
in any two English and Hindi newspapers which have circulation in a substantial part of
India and in any of the journals published by the Department of Agriculture of the
Government of India.
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CHAPTER IV
GRANT OF LICENCES
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9. |
Licences to manufacture insecticides
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1. |
Application for the grant or renewal of a licence
to manufacture any insecticide shall be made in Form III or Form IV, as the case may be,
to the licensing officer and shall be accompanied by a fee of rupees two thousand for
every insecticide and a maximum of rupees twenty thousand for all insecticides for which
the licence is applied.
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2. |
If an insecticide is proposed to be manufactured
at more than one place, separate applications shall be made and separate licences shall be
issued in respect of every such place.
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3. |
A licence to manufacture insecticides shall be
issued in Form V and shall be subject to the following conditions, namely:
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i. |
The licence and any certificate of renewal shall be kept on the
approved premises and shall be produced for inspection at the request of an Insecticide
Inspector appointed under the Act or any other officer or authority authorized by the
licensing officer.
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ii. |
Any change in the expert staff named in the licence shall
forthwith be reported to the licensing officer.
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iii. |
If the licensee wants to undertake during the currency of the
licence to manufacture for sale of additional insecticides, he shall apply to the
licensing officer for the necessary endorsement in the licence on payment of the
prescribed fee for every category of insecticides.
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iv. |
An application for the renewal of a licence shall be made as laid
down in rule 11.
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v. |
The licensee shall comply with the provisions of the Act and the
rules made there under for the time being in force.
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vi. |
The licensee shall obtain ISI Mark Certificate from Bureau of
Indian Standard within three months of the commencement of the manufacture.
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vii. |
No Insecticides shall be sold or distributed without ISI Mark
Certification.
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4. |
A licensing officer may, after giving reasonable
opportunity of being heard, to the applicant, refuse to grant any license.
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4A. |
No license to manufacture an insecticide shall be
granted unless the licensing officer is satisfied that necessary plant and machinery,
safety devices and first-aid facilities, etc., exist in the premises where the insecticide
is proposed to be manufactured.
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5. |
A fee of rupees one hundred shall be paid for a
duplicate copy of a licence issued under this rule, if the original is defaced, damaged or
lost.
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10. |
Licence for sale, etc., of insecticides
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1. |
Applications for the grant or renewal of a licence
to sell, stock or exhibit for sale or distribute insecticides shall be made in Form VI or
Form VII, as the case may be, to the licensing officer and shall be accompanied by the
fees specified in sub-rule (2).
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2. |
The fee payable under sub-rule (1) for grant or
renewal of a licence shall be rupees five hundred for every insecticide for which the
licence is applied subject to maximum rupees seven thousand five hundred. There shall be a
separate fee for each place, if any insecticide is sold, stocked or exhibited for sale at
more than one place:
PROVIDED that the maximum
fee payable in respect of insecticides commonly used for household purposes and registered
as such shall be rupees seven thousand five hundred for every place:
PROVIDED further that, if
the place of sale is established in the rural areas, the fee shall be one fifth of the fee
specified in this rule.
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3. |
If any insecticide is proposed to be sold or
stocked for sale at more than one place, separate applications shall be made and separate
licences shall be issued in respect of every such place [and for every insecticides.]
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3A. |
Pest Control Operators
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i. |
Any person who desires to undertake pest control operations, with the use of
Aluminum Phosphide, Methyl bromide. Ethylene dibromide or as notified shall apply for a
licence in Form VI-A with a fee of rupees one thousand for each place of operation. The
licence granted for such operations shall be valid for a period of five years provided
that the licence shall be renewed after verification or inspection at the expiry of this
period on application in Form VI-B for a further period of five years with an application
fee of rupees one thousand.
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ii. |
A licence to stock and use insecticides for pest control operators will be issued
in Form VI-C.
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iii. |
Any person who applies for grant of licence for undertaking pest control
operations should be at least a graduate in Agriculture or in Science with Chemistry as a
subject with a certificate of minimum 15 days training from any of the following
Institutions-Central Food Technological Research Institute, Mysore; Indian Grain Storage
Institute, Hapur and National Plant Protection Training Institute, Hyderabad.
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iv. |
For undertaking fumigation, the pest control operators shall have to obtain
special permission from the Plant Protection Adviser to the Government of India in
addition to obtaining licence. The Plant Protection Adviser will grant such permission as
per procedure or guide lines approved by the Registration Committee.
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v. |
The commercial pest control operators shall adhere to the prescribed guidelines
or procedures as laid down by the Plant Protection Adviser to the Government of India in
regard to the fumigation operations undertaken by them.
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4. |
A licence to sell, stock or exhibit for sale or
distribute insecticides shall be issued in Form VIII and shall be subject to the following
conditions, namely:
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i. |
The licence shall be displayed, in a prominent place in the part of the premises
open to the public.
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ii. |
The licence shall comply with the provisions of the Act, and the rules made there
under for the time being in force.
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iii. |
Where the license wants to sell, stock or exhibit for sale or distribute any
additional insecticides during the currency of the licence, he may apply to the licensing
officer for necessary endorsement on the licence on payment of fees specified in sub-rule
(2).
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iv. |
If the licensing officer is satisfied that a particular insecticide is harmful to
human beings, animals or environment, he may after recording reasons and referring the
Insecticide to the Insecticide analyst, prohibit temporarily its sale for a period of
thirty days or till he obtains the report of the Analyst, whichever is earlier.
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4A. |
i. |
Every person shall along with his application for grant or renewal of a licence
to undertake operation or sell, stock or exhibit for sale or distribute Insecticides, file
a certificate from the principal whom he represents or desires to represent the Form VI-D.
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ii. |
The certificate to be issued by the principal shall be addressed to the licensing
officer of the concerned area and shall contain full particulars of the principal
including their registration and manufacturing licence numbers, full name and address of
the person proposed to be authorized and also the type of formulations to be used in
commercial pest control operations, sold, stocked or exhibited, for sale or distribution.
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iii. |
In order to verify the genuineness or otherwise of the certificate, principal
shall send to the licensing officer of the State where he intends to sell his products an
adequate number of copies of the specimen signature or the specimen signatures of the
persons authorized in writing to issue the principals certificate.
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iv. |
In case of suspension, revocation or cancellation of the certificate, the
principal shall forthwith intimate the licensing officer having jurisdiction.
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5. |
A licensing officer may, after giving a reasonable
opportunity of being heard to the applicant refuse to grant any licence.
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6. |
A fee of rupees one hundred shall be payable for a
duplicate copy of a licence issued under this rule if the original is defaced, damaged or
lost.
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10A. |
Segregation and disposal of date-expired
pesticides
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a. |
Immediately after the date of expiry all such
stocks after being segregated and stamped `not for sale or `not for use or
`not for manufacture, as the case may be, shall be kept by the licensee in a
separate place specially demarcated for the purpose with a declaration, date-expired
insecticide, to be exhibited on the conspicuous part of the place.
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b. |
All such stocks then shall be disposed of in an
environment friendly manner as may be specified from time to time by the Central
Government in consultation with the Central Insecticides Board and shall not be used for
remanufacture.
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10B. |
Special provision with regard to sulphur
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With regard to insecticide sulphur and its formulations, all licensees shall,--
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a. |
observe all precautions to prevent its theft;
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b. |
report any such theft to the nearest police authorities promptly; and
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c. |
maintain a separate register showing names and
addresses of all the persons to whom it has been sold or distributed and the quantities to
be sold or distributed.
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10C. |
Prohibition against sale or storage of insecticides in certain places
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No person shall manufacture, store or expose for
sale or permit the sale or storage of any insecticide in the same building where any
articles consumable by human beings or animals are manufactured, stored or exposed for
sale.
Explanation : Nothing
contained in this rule will apply to the retail sales of household insecticides from the
building wherefrom other articles consumable by human beings or animals are usually sold
provided such household insecticides have been registered as such and are packed and
labelled in accordance with these rules.
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11. |
Duration of licences
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a. |
Any licence issued or renewed under this chapter
shall, unless sooner suspended or cancelled, be in force for a period of two calendar
years:
PROVIDED that the licence
to manufacture insecticides, if any, issued on the basis of provisional registration
granted under sub-section (3-B) of section 9, shall expire on the date of expiry of the
provisional registration:
PROVIDED further that the
licence granted by endorsement on the main licence under clause (iii) of sub-rule (8) of
rule 9 or under clause (iii) of sub-rule (4) of rule 10 or under sub-rule (3) of rule 10-A
shall expire or be renewable along with the main licence.
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b. |
An application for the renewal of a licence shall
be made before its expiry and if such an application is made after the date of expiry but
within three months from such date, a late fee of
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i. |
rupees five hundred for the first month or part thereof, rupees one thousand for
the second month or part thereof and rupees one thousand and five hundred for the third
month or par thereof, in case of licence to manufacture insecticides or to carry pest
control operations;
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ii. |
rupees one hundred for the first month or part thereof, rupees two hundred for
the second month or part thereof and rupees three hundred for the third month or part
thereof, in case of any other licence shall be paid along with the application for
renewal:
PROVIDED that where the
main pest control operation unit or the place of sale is located in the rural areas, the
late fee shall be one-fifth of the said late fee:
PROVIDED further that n
case of death or disability of the licensee, the Licensing Officer may after recording
reasons in writing, exempt the applicant from payment of the late fee.
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Explanation: (1) Where
an application for renewal is made before the expiry of the licence and the order
regarding refusal or renewal is passed after the expiry of the licence, the applicant
shall be deemed to have been carrying on his business in accordance with the expired
licence till the date of communication of the final order on that application.
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2. |
Where an application for renewal is made after the
expiry of the licence with late fee, the applicant shall be deemed to have been carrying
on his business in accordance, with the expired licence (from the date of expiry) till the
date of communication of the final order on that application.
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c. |
The licence shall continue to be in force until it
is renewed or revoked. Where an appeal is preferred under Section 15, the licence shall
continue to be revoked until disposal of appeal or as ordered by the appellate authority
pending disposal of the appeal.
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d. |
A licensing officer may, after giving an
opportunity of being heard, refuse to renew the licence [for reasons to be recorded in
writing].
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12. |
Conditions of licence
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a. |
Subject to conditions laid down in sub-rule (3) of
rule 9, under sub-rule (4) of rule 10, a licence shall not be granted to any person under
this chapter unless the licensing officer is satisfied and the premises in respect of
which licence is to be granted are adequate and equipped with proper storage accommodation
for avoiding any hazards for preserving the properties of insecticides in respect of which
the licence is granted.
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b. |
In granting a licence, the licensing officer shall
have regard, among other things to
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i. |
the number of licences granted in the locality during any year; and
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ii. |
the occupation, trade or business carried on by the applicant.
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13. |
Varying or amending a licence
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1. |
The licensing officer may either on an application
made by the licensee or if he is satisfied that the conditions under which a licence has
been granted under this chapter have been changed that it is necessary so to do, vary or
amend a licence, [after satisfying himself that the Registration Committee has amended the
registration certificate and after giving an opportunity of being heard to the person
holding the licence].
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14.
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Transfer of licence
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1. |
The holder of a licence may, at any time, before
the expiry of the licence, apply for permission to transfer the licence to any other
person.
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2. |
The application under sub-rule (1) shall be
accompanied by a fee of rupees one hundred.
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3. |
The licensing officer may, after such inquiry as
he thinks fit, accord permission to transfer the licence and on such permission being
given, an endorsement to that effect shall be made in the licence.
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4. |
If the permission to transfer a licence is
refused, the fee paid therefore shall be refunded to the applicant.
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15.
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Issuing cash memo and maintenance of
records
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1. |
All sales of insecticides shall be made by a bill
or cash memo in the form prescribed under any law.
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2. |
All sales of insecticides made to a licensed
manufacturer (formulator or packer), stockist, distributor, dealer, retailer or to a bulk
consumer shall be entered insecticide wise, in a register in Form XIII and a state wise
monthly return of all sales to actual consumers shall be sent to the licensing officer, in
Form XIV within 15 days from the close of the month.
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3. |
Every importer or manufacturer of insecticide
shall maintain a stock register in Form XV for technical grade insecticides and in Form
XVI for formulated insecticides.
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4. |
Without prejudice to the foregoing, the Central
Government or the State Government or any other person authorized by it may, by notice in
writing require any importer or manufacturer or any other person dealing in insecticides
to furnish within the time specified in the notice, such information with respect of any
insecticides or any batch thereof, including the particulars of all persons to whom it has
been sold or distributed, as it may consider necessary.
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CHAPTER V
PACKING AND
LABELLING
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16. |
Prohibition of sale or distribution unless packed and labelled
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No person shall stock or exhibit for sale or
distribute [or cause to be transported] any insecticide unless it is packed and labelled
in accordance with the provisions of these rules.
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17. |
Packaging of insecticides
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1. |
Every package containing the insecticides shall be
of a type approved by the Registration Committee.
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2. |
Before putting any insecticide into the primary
package, every batch thereof shall be analysed as per the relevant specifications of the
manufacture thereof, in accordance with the approved methods of analysis and the result of
such an analysis shall be recorded in the register maintained for the purpose. If any
insecticide is put in the package it shall be presumed that it is fit and ready for sale,
distribution or use for which it is intended, not with standing the fact that any further
steps are still required to be taken to make it marketable.
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18. |
Leaflet to be contained in a package
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1. |
[The packing of every insecticides shall include a
leaflet containing the following details, namely
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a. |
the plant disease, insects and noxious animals or weeds for which the
insecticide is to be applied, the adequate direction concerning the manner in which the
insecticide is to be used at the time of application;
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b. |
particulars regarding chemicals harmful to human beings, animals and wild life,
warning and cautionary statements including the symptoms of poisoning suitable and
adequate safety measures and emergency first-aid treatment where necessary;
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c. |
cautions regarding storage and application of insecticides with suitable warnings
relating to inflammable, explosive or other substance harmful to the skin;
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d. |
instructions concerning the decontamination or safe disposal of used containers;
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e. |
a statement showing the antidote for the poison shall be included in the leaflet
and the label;
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f. |
if the insecticide is irritating to the skin, nose, throat or eyes, a statement
shall be included to that effect.
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g. |
Common name of the insecticide as adopted by the International Standards
Organisation and where such a name has not yet been adopted such other name as may be
approved by the Registration Committee.]
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2. |
Two copies of the leaflets duly approved by the
Registration Committee and signed by the Secretary, Registration Committee, shall be
returned to the manufacturer and one copy to the State-licensing officer.
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19.
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Manner of labelling
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1. |
The following particulars shall be either printed
or written in indelible ink on the label of the innermost container of any insecticide and
on the outer most covering in which the container is packed:
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i. |
Name of the manufacturer (if the manufacturer is not the person in whose name the
insecticide is registered under the Act, the relationship between the person in whose name
the insecticide has been registered and the person who manufactures, packs or distributes
or sells shall be stated)
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ii. |
Name of insecticide (brand name or trade mark under which the insecticide is
sold).
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iii. |
Registration
number of the insecticide.
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iv. |
Kind and name of active and other ingredients and percentage of each. (Common
name accepted by the International Standards Organisation or the Indian Standards
Institutions of each of the ingredients shall be given and if no common name exists, the
correct chemical name which conforms most closely with the generally accepted rules of
chemical nomenclature shall be given).
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v. |
Net content of volume. (The net contents shall be exclusive of wrapper or other
material. The correct statement of the net content to terms of weight, measure, number of
units of activity, as the case may be, shall be given. The weight and volume shall be
expressed in the metric system).
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vi. |
Batch number.
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vii. |
Expiry date, i.e. up to the date the insecticide shall retain its efficiency and
safety.
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viii. |
Antidote
statement.
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2. |
The label shall be so affixed to the containers
that it cannot be ordinarily removed.
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3. |
The label shall contain in a prominent place and
occupying not less than one-sixteenth of the total area of the face of the label, a
square, set at an angle of 450 (diamond shape). The dimension of the said
square shall depend on the size of the package on which the label is to be affixed. The
said square shall be divided into two equal triangles, the upper portion shall contain the
symbol and signal word specified in sub-rule (4) and the lower portion shall contain the
colour specified in sub-rule (5).
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4. |
The upper portion of the square, referred to in
sub-rule (3) shall contain the following symbols and warning statements
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i. |
Insecticides belonging to Category I (Extremely toxic) shall contain the symbol
of a skull and cross-bones and the word "POISON" printed in red;
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The following warning statements shall also appear
on the label at appropriate place, outside the triangle,
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a. |
"KEEP OUT OF THE REACH OF CHILDREN"
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b. |
"IF SWALLOWED, OR IF, SYMPTOMS OF POISONING OCCUR CALL PHYSICIAN
IMMEDIATELY";
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ii. |
insecticides in Category II (highly toxic) will contain the word
"POISON" printed in red and the statement "KEEP OUT OF THE REACH OF
CHILDREN"; shall also appear on the label at appropriate place, outside the triangle,
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iii. |
insecticides in Category III (moderately toxic) shall bear the word
"DANGER" and the statement "KEEP OUT OF THE REACH OF CHILDREN"; shall
also appear on the label at suitable place outside the triangle;
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iv. |
insecticides in Category IV (Slightly toxic) shall bear the word
"CAUTION".
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5. |
The lower portion of the square referred to in
sub-rule (4) shall contain the colour specified in column (4) of the table below,
depending on the classification of the insecticides specified in the corresponding entry
in column (1) of the said table.
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