Section 22 of The Insecticides Act, 1968 — Procedure to be followed by Insecticide Inspectors
Bare section text
Official Legislative Text
- (1)Where an Insecticide Inspector seizes any record, register or document under clause (b) of sub-section (1) of section 21, he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.
- (2)Where an Insecticide Inspector takes any action under clause (d) of sub-section (1) of section 21--
- (a)he shall use all dispatch in ascertaining whether or not the insecticide or its sale, distribution or use contravenes any of the provisions of section 18 and if it is ascertained that the insecticide or its sale, distribution or use does not so contravene, forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;
- (b)if he seizes the stock of the insecticide he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof;
- (c)without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the insecticide, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order and in case where the Insecticide Inspector has seized the stock of insecticide, he shall, as soon as may be, inform a Magistrate and obtain his orders as to the release thereof. 1 [(3) Where an Insecticide Inspector takes any sample of an insecticide, he shall issue a receipt therefor stating therein that the fair price of such sample shall be tendered if the sample, after test or analysis is not found to be misbranded and the Insecticide Analyst has reported to that effect and on such price having been tendered may require a written acknowledgement therefor.]
- (4)2 *** where the Insecticide Inspector seizes the stock of any insecticide under clause (d) of sub-section (1) of section 21, he shall tender a receipt therefor in the prescribed form.
- (5)Where an Insecticide Inspector takes a sample of an insecticide for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into three portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked: Provided that where the insecticide is made up in containers of small volume, instead of dividing a sample as aforesaid, the Insecticide Inspector may, and if the insecticide be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three of the said containers after suitably marking the same and, where necessary, sealing them.
- (6)The Insecticide Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it and shall retain the remainder and dispose of the same as follows:--
- (i)one portion or container, he shall forthwith send to the Insecticide Analyst for test or analysis; and
- (ii)the second, he shall produce to the court before which proceedings, if any, are instituted in respect of the insecticide.
Educational Study Layer
Summary
- Under Section 22 of the pesticide law, an inspector who seizes any record or document must immediately inform a Magistrate and follow their orders for custody.
- If an inspector stops the sale or seizes a stock of insecticides, they must work quickly to find out if there is a violation.
- If no violation is found, the inspector must quickly revoke the stop order or return any seized stock.
- When an inspector seizes a stock of chemicals, they must immediately inform a Magistrate to get orders regarding how to keep the seized stock.
- The inspector must give a receipt for any seized stock or for any sample taken, and for samples, a fair price must be paid if the sample is found to be properly branded and safe.
- When taking samples for testing, the inspector must write an official notice, divide the sample into three sealed and marked parts in front of the person, and allow them to add their own seal.
Practical examples
FAQ
1. What must an inspector do immediately after seizing my business records under Section 22 of the Insecticides Act, 1968?
Under Section 22 of the Insecticides Act, 1968, the inspector must inform a Magistrate as soon as possible and take the Magistrate's orders regarding who should keep custody of those records.
2. Will I get paid for the samples an inspector takes under Section 22 of the Insecticides Act, 1968?
Under Section 22 of the Insecticides Act, 1968, the inspector must give you a receipt stating that the fair price of the sample will be paid to you if the test report shows that the pesticide is not misbranded.
3. How does an inspector divide pesticide samples under Section 22 of the Insecticides Act, 1968?
Under Section 22 of the Insecticides Act, 1968, the inspector must write a formal notice, split the sample into three separate portions in your presence, seal and mark each portion, and let you add your own seal.
4. What happens if the pesticide containers are too small to be divided under Section 22 of the Insecticides Act, 1968?
Under Section 22 of the Insecticides Act, 1968, if the containers are small or if the chemical might spoil if opened, the inspector can take three whole, unopened containers instead of opening and dividing one.
Practice Quiz
Q1.Under Section 22 of the Insecticides Act, 1968, which judicial authority must the inspector notify as soon as possible after seizing records under Section 21?
Q2.Under Section 22 of the Insecticides Act, 1968, into how many portions must an Insecticide Inspector divide a sample taken for analysis?
Q3.Under Section 22 of the Insecticides Act, 1968, what must an inspector do if they discover that a chemical stock they seized under Section 21 does NOT violate the law?
Q4.Under Section 22 of the Insecticides Act, 1968, how are the three divided sample portions distributed by the inspector?
Q5.Under Section 22 of the Insecticides Act, 1968, what can an inspector do instead of dividing a sample if opening the container is likely to cause the pesticide to deteriorate?