Insecticides Act, 1968 - Confiscating

25. Confiscation

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 contravention has been made shall be liable to confiscation.

26. Notification of poisoning

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 of handling of any insecticide) coming within his or their cognisance to such officer as may be specified in the said notification.

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

1. If, on receipt of a report under section 26 or otherwise, the Central Government or the State Government is of opinion, for reason to be recorded in writing, that the use of any insecticide specified in sub-clause (iii) of clause (e) of section 3 or any specified batch thereof is likely to involve such risk to human being or animals 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 canceling the certificate of registration, if any, granted in respect thereof) as it deems fit, depending on the circumstances of the case.

28. Notification of cancellation of registration

A refusal to register any insecticide or a cancellation of a certificate of registration of any insecticide shall be notified in Official Gazette and in such other manner as may be prescribed.

29. Offences and Punishment

1. Whoever -

• Imports, manufactures, sells, stocks or exhibits for sale or distributes any insecticide deemed to be misbranded under sub-clause (1) or sub-clause (iii) or sub-clause (viii) of clause (k) of section 3; or
• Imports or manufactures any insecticide without certificate of registration; or
• Manufactures, sells, stocks or exhibits for sale or distributes an insecticide without a licence; or
• Sells or distributes an insecticide, in contravention of section 27; or
• Causes an insecticide, the use of which has been prohibited under section 27, to be used by any worker; or
• Obstructs an Insecticide Inspector in the exercise of his powers or discharge of his duties under this act or the rules made thereunder, Shall be punishable

i. For the first offence, with imprisonment for a term which may extend of two years, or with fine which may extend to two thousand rupees, or with both;
ii. For the second and a subsequent offence, with imprisonment for a term which may extend to three years, or with fine, or with both ;

2. Whoever uses an insecticide in contravention of any provisions of this Act or any rule made thereunder shall be punishable with fine, which may extend to five hundred rupees.

3. Whoever contravenes any of the other provisions of this Act or any rule made thereunder or any condition of certificate or registration of 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;
ii. For the second and a subsequent offence, with imprisonment 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 commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction take place to cause the offender's name and place of residence, the offence and the penalty imposed to be published in such newspaper or in such other manner as the Court may direct.

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

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 circumstances of its manufacture or import.

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 conveyance some extraneous substance has unavoidably become intermixed with it.

3. A person not being an importer or a manufacturer of an insecticide or his agent for the distribution thereof, shall not be liable for contravention of any provision of this Act, if he proves-

a. That he acquired the insecticide from an importer or a duly licence 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 contravened any provision of this Act; and
c. That the insecticide, while in his possession, was properly stored and remained in the same state as when he acquired it.