Registration of Insecticides Under Insecticides Act, 1968
- Any person desiring to import or manufacture any insecticide may apply to the Registration Committee for the registration of such insecticide and there shall be separate application for each such insecticide.
- Every application under sub-section (1) shall be made in such form and contain such particulars as may be prescribed.
- On receipt of any such application the registration of an insecticide, the Committee may, after such inquiry as it deems fit and after satisfying itself that the insecticide to which the application relates conforms to the claims made by the importer or by the manufacturer, as the case may be, as regards [on such conditions as may be specified by it] and on payment of such fee as may be prescribed, the insecticide, allot a registration number thereto and issue a certificate of registration in token thereof within a period of twelve months from the date of receipt of the application.
- Notwithstanding anything containing in the section, where an insecticide has been registered on the application of any person, any other person desiring to import or manufacture the insecticide or engaged in the business of, import or manufacture thereof, shall on application and on payment of prescribed fee be allotted a registration number and granted a certificate of registration in respect thereof on the same conditions on which the insecticide was originally registered.
PROVIDED that any person engaged in the business of import or manufacture of any insecticide immediately before the commencement of this section shall make an application to the Registration Committee within a period of [seventeen months] from the date of such commencement for the registration of any insecticide which he has been mporting or manufacturing before that date:
[PROVIDED FURTHER that where any person referred to in the preceding proviso fails to make an application under that proviso within the period specified therein, he may make such application at any time thereafter on payment of a penalty of one hundred rupees for every month or part thereof after the expiry of such period for the registration of each such insecticide.]
PROVIDED that the Committee may, if it is unable within the said period to arrive at a decision on the basis of the materials placed before it, extend the period by a further period not exceeding six months.
PROVIDED FURTHER that if the Committee is of opinion that the precaution claimed by the application as being sufficient to ensure safety to human beings or animal are not such as can be easily observed or that notwithstanding the observance of such precautions the use of the insecticides involves serious risk to human beings or animals, it may refuse to register the insecticide.
3A In the case of applications received by it prior to the 31st March, 1975 notwithstanding the expiry of the period specified in sub-section (3) for the disposal of such applications, it shall be lawful and shall be deemed always to have been lawful for the Registration Committee to dispose of such applications at any time after such expiry but within a period of one year from the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977):
PROVIDED that nothing contained in this sub-section shall be deemed to make any contravention before the commencement of the Insecticides (Amendment) Act, 1977 (24 of 1977), of a condition of a certificate of registration granted before commencement, an offence punishable under this Act.
3B Where the Registration Committee is of opinion that the Insecticide is being introduced for the first time in India, it may, pending any inquiry, register it provisionally for a period of two years on such conditions as may be specified by it.
3C The registration Committee may, having regard to the efficacy of the insecticide and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may for that purpose require the certificate-holder by notice in writing to deliver up the certificate to it within such time as may be specified in the notice.
Registration of Insecticides Under Insecticides Rules, 1971
6 Manner of Registration
- 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 authorised by him ; in case of Hindu Undivided Family, by the Karta or any person duly authorised by him ; in case of partnership firm by the managing partner ; in case of a company, by any person duly authorised 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.
- The Registration Committee may, if necessary, direct inspection of the 'testing facility' for establishing the authenticity of the data.
- An application form duly filled together with a bank draft of Rs. One hundred only, drawn in favour of the Accounts Officer, Directorate of Plant Protection, Quarantine & Storage, payable at Faridabad towards registration fee shall be sent to the Secretary, Regiatration Committee, Directorate of Plant Protection, Quarantine & Storage, NH-IV, Faridabad-121001, Haryana. One Self addressed stamped envelope and one stamped envelope must be enclosed along with the application.
- 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.
- 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.
6A. Issue of duplicate certificate of registration
A fee of rupees five only shall be paid for a duplicate copy of the Certificate of Registration if the original is defaced, damaged or lost.
- An appeal against any decision of the Registration Committee under section 9 shall be preferred in writing [in Form II-B in duplicater] to the Central Government in the Department of Agriculture.
- The appeal shall be in writing and shall set out concisely and under distinct heads the grounds on which the appeal is preferred.
- Every appeal shall be accompanied by a treasury challan evidencing the payment of fee of rupees ten and a copy of the decision appealed against.
- The fee payable for preferring an appeal shall be deposited under the head "XXI" by a demand draft drawn on the State Bank of Indai, New Delhi in favour of the Pay and Accounts Officer, Department of Agriculture & Cooperation, New Delhi.
Check list for applications under section 9(3).