Bill No.

XXX of 2021

THE PESTICIDES REGULATION AND

MANAGEMENT BILL, 2021

(AS INTRODUCED IN THE LOK SABHA)

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CONSTITUTIONAL VALIDITY
The draft policy submitted by the Hon’ble Ministry of Consumer affairs regarding
legislation on Pesticides Regulation and Management Bill,2021 does not violate any
constitutional provision.
The proposal submitted by the Hon’ble ministry relates to matter “Pesticides” which is
present as Entry No. 14 in state List (Seventh Schedule) of the Constitution of India,
As stated in Article 249, if the Council of States has declared by resolution supported by
not less than two thirds of the members present and voting that it is necessary or expedient
in the national interest that Parliament should make laws with respect to any matter
enumerated in the State List specified in the resolution, it shall be lawful for Parliament to
make laws for the whole or any part of the territory of India with respect to that matter
while the resolution remains in force.
And to Implement the following International Agreements. The Parliament can make laws
on any matter in the State List for implementing the international treaties, agreements or
conventions as stated in Article 253 of the constitution. This provision enables the Central
government to fulfil its international obligations and commitments. Agreements like
Stockholm convention, Therefore the parliament is of full competence to form legislation
related to the abovementioned subject and while doing so does not violate any
constitutional provision.

LEGAL VALIDITY
The Draft Policy Note submitted by the Hon’ble Ministry of Consumer affairs for the
legislation on –Pesticide Regulation and Management Bill 2021, does not violate any of
the existing legislation and legal provision.
And for any existing rules and regulations formulated by the statute or any regulatory
bodies regarding the same subject would not be considered void but will have
supplementary effect for the purpose of this Act, and the Parliament has full competence
to form legislation regarding the subject while not violating any existing legal provisions.

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 STATEMENT OF OBJECT AND REASON

India is one of the few remaining countries still engaged in the largescale
manufacture, use, and export of some of the toxic chlorinated pesticides.
When carelessly applied, chemical pesticides can result in acute and long-term
side-effects, including sickness and death of people, animals, fish, birds, and
destruction of crops. Their persistence and ubiquitous nature combined with
a tendency of some compounds to concentrate in organisms as they move up
the food chain, may increase their toxicity to fish, birds, and other forms of
life including man and cause other harmful effects on man, his health and
well-being.
This demands for stricter obligations, monitoring of pesticide use in the local
context provide reasons to further develop the regulatory framework for the
control of pesticides. Existing national pesticide legislation have become
outdated with respect to changes in the regulatory and institutional
framework, or because of new needs and issues arising in the country, or with
respect to applicable international or regional standards.
There is a need to strengthen some provisions of other pieces of legislation by
making them specifically applicable to pesticides and to make them stricter to
follow and harder to break so that obligations are properly fulfilled without
any violation. Ensure consistency in the overall regulatory framework with
effective connections between pesticide legislation and other relevant
legislation with minimal contradiction or overlap.
In view of the above reasons, stricter penalties are required for safeguarding
the interest of people and provide them a safer and fulfilling environment.

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 THE PESTICIDE MANAGEMENT BILL, 2020
——————
ARRANGEMENT OF CLAUSES
——————
CHAPTER I
PRELIMINARY

CLAUSES
1. Short title, extent and commencement.
2. Application of other laws not barred
3. Declaration of expediency of Union control.
4. Definitions.

CHAPTER II
CENTRAL PESTICIDES BOARD, REGISTRATION COMMITTEE AND LICENCING

5. Constitution of Central Pesticides Board.

6. Composition, terms and conditions of Members of Board.
7. Meetings of Board.
8. Powers and functions of Board.
9. Constitution, composition and term of office of Member of Registration Committee.
10. Powers and Functions of the Registration Committee.
11. Grant of Licences

CHAPTER III
PESTICIDES USE ON FRUITS AND VEGETABLES

12. Pesticide usage ban on certain vegetables and fruits

13. Application of pesticides
14. Special training
15. Prohibition of manufacture of certain pesticides on vegetables and fruits
16. Directions on label
17. Prohibition on pesticides in public interest and ban on pesticides

CHAPTER IV
PACKAGING, LABELLING AND ADVERTISING

18. Prohibition of sale or distribution unless packed and labelled

19. Packing of Pesticides
20. Leaflet to be contained in a package

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21. Advertising

CHAPTER V
ADJUDICATORY AND ADMINISTRATIVE BODY

22. Appointment of Pesticide Inspector

23. Powers of pesticide inspector
24. Court of inquiry

CHAPTER VI
OFFENCES AND PUNISHMENT

25. Whoever uses pesticide in excess

26. Punishment for violations
27. Punishment for activities involving falsified pesticide
28.Punishment for obstruction
29.Punishment for misleading advertisements
30. Subsequent offences
31. Offences by company
32. Defences to prosecution under this act

CHAPTER VII
MISCELLANEOUS

33. Exemption
34. Price of pesticides
35. Power of Central Government to give directions
36. Protection of action taken in good faith
37. Compensation under the Consumer Protection Act, 1986

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 As Introduced In Lok Sabha

Bill No. XXX of 2021

PESTICIDES REGULATION AND MANAGEMENT BILL, 2021
A
BILL
to regulate pesticides, including their manufacture, labelling, pricing, storage,
advertisement, sale, use and disposal in order to ensure availability of safe and effective
pesticides, and to strive to minimise risk to human beings, animals, living organisms
other than pests, and the environment with an endeavour to promote pesticides that are
biological and based on traditional knowledge, to ensure availability of safe and
wholesome food for human consumption and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Seventy-second Year of the Republic of India as
follows: —
CHAPTER I
PRELIMINARY

1. Short title, extent and commencement. — (1) This Act may be called the Pesticides
regulation and management bill,2021
(2) It extends to the whole of India.
(3) 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 provisions of this Act.

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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. Declaration of expediency of Union control- It is hereby declared that it is expedient
in the public interest that Union should take under its control the regulation of pesticide
industry to the extent hereinafter provided.
4. Definitions. —In this Act, unless the context otherwise requires, —
(a) “identity” means the common name, trade name, batch number, date of manufacture,
date of expiry, labelling, packaging, quantity or other documents that support the
authenticity of a pesticide;
(b) “composition” means the chemical composition of the pesticide, including the
biological active part of the pesticide and other ingredients approved by the Registration
Committee at the time of registration; and
(c) “source” means the identification, including the name and address of the
manufacturer, importer or the holder of the certificate of registration or licence of the
pesticide, as the case may be.
(d) “company” means anybody corporate and includes a firm or other association of
individuals; and
(e) “director” in relation to a firm means a partner in the firm.
(f)"advertisement" means any audio or visual publicity, representation, endorsement or
pronouncement made by means of light, sound, smoke, gas, print, electronic media,
internet or website and includes any notice, circular, label, wrapper, invoice or such other
documents;
(g) “Board” means the Central Pesticides Board constituted under section;
(h) “Central Pesticides Laboratory” means the Central Pesticides Laboratory established
or as the case may be, the Institution specified
(i) “import” means bringing into any place within the territories to which this Act extends
from a place outside those territories;
(j) “pesticide” 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;
(k) “Pesticide Inspector” means a Pesticide Inspector appointed under clause 22;
(l) “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 graphic matter accompanying the pesticide;
(m) “licensing officer” means a licensing officer appointed under clause 11;
(n) “manufacture”, in relation to any pesticide, includes—
(i) any process or part of a process for making, altering, finishing, packing, labelling,
breaking up or otherwise treating or adopting any pesticide with a view to its sale,
distribution or use but does not include the packing or breaking up of any pesticide in the
ordinary course of retail business;
(o) “premises” means any land, shop, stall or place where any pesticide is sold or
manufactured or stored or used, and includes any vehicle carrying pesticide;
(p) “prescribed” means prescribed by rules made under this Act;

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(q) “registered”, with its grammatical variations and cognate expressions, means
registered under this Act;
(r) “sale”, with its grammatical variations and cognate expressions, means the sale of any
pesticide, 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 pesticide and includes also an attempt to sell any such pesticide;

CHAPTER II
CENTRAL PESTICIDES BOARD, REGISTRATION COMMITTEE AND LICENCE

4.Constitution of Central Pesticides Board- The Central Government shall, within a

period of six months from the date of commencement of this Act, constitute a Board to be
called the Central Pesticides Board to carry out the functions assigned to it by or under
this Act.
5.Composition, terms and conditions of Members of Board-5. (1) The Board shall
consist of the following Members, namely: —
(a) a person having experience in the field of agriculture or chemicals or health or
environment to be nominated by the Central Government—Chairperson;
(b) a designated representative not below the rank of Joint Director of each of the
following authorities—ex-officio Member; — from following department of agriculture,
BIS, ICMR, CSIR, FSSAI, Ministry of Environment and Climate change, Department of
chemical and fertilisers, Ministry of Consumer Affairs
(c) five Directors of Agriculture or Horticulture from State Governments, representing
the five agro-climatic zones to be nominated by the Central Government— Members;
(d) four experts each from the fields of chemistry, ecology, medical toxicology and
pharmacology to be nominated by the Central Government—Members;
(e) two persons to represent farmers of whom at least one shall be female, to be
nominated by the Central Government—Members; and
(2) The Members nominated under clauses (c), (d) and (e) of sub-section (1), shall hold
office for such term and such conditions as may be prescribed by the Central
Government.
6. Meetings of Board- (1) The board shall meet as and when necessary, but at least two
meeting of the board shall be held every year.
(2) The board shall meet at such time and place as the Chairperson may think fit and shall
observe such procedure in regard to the transaction of its business as may be prescribed.
(3) The Central Government may require the Board to convene a meeting when its advice
is required on a matter of immediate concern.
(4) All questions which come up before any meeting of the Board shall be decided by a
majority of votes by the Members present and voting, and in the event of equality of
votes, the Chairperson or in his absence, the presiding Member shall have a casting vote.
7. powers and functions of board: - it shall include the following: —
• To advise the Central Government and the State Governments on scientific
matters, to frame model protocols,
• To research on best alternatives to monitor pesticide residues;
• To monitor global developments relating to pesticide; to review the status of
applications for the registration of pesticides;

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 • To carry out any other function as may be prescribed by the Central Government
• And technical matters arising out of the administration of the Act and on any
questions that may be referred to it by the Central Government and the State
Governments

8. Constitution, composition and term of office of Member of Registration

Committee: - (1) The Central Government shall, within a period of six months from the
date of commencement of this Act, constitute a Committee to be called the Registration
Committee to carry out the functions assigned to it by or under this Act.
(2) The Registration Committee shall consist of the following, namely: —
i. a person to be nominated by the Central Government who shall have expertise in
the field of agriculture or pesticides and who shall possess such qualifications and
experience as may be prescribed by the Central Government—Chairperson;
ii. the Drugs Controller General of India—ex-officio—Member;
iii. designated representative of the Indian Council of Agricultural Research— ex-
officio—Member;
iv. a designated representative of the Hazardous Substances Management Division,
Ministry of Environment, Forest and Climate Change—ex-officio—Member;
v. a designated representative of the Department of Chemicals and Petro Chemicals,
Ministry of Chemicals and Fertilizers—ex-officio—Member;
vi. designated representative of any national public institution of repute conducting
research in toxicology—ex-officio—Member;
(vii) the Plant Protection Advisor, Government of India—ex-officio—Member; (h) the
Member-Secretary of the Board—Member-Secretary.
(3) The Chairperson of the Registration Committee shall hold office for such term as
may be prescribed by the Central Government. Constitution, composition and term of
office of Member of Registration Committee.
(4) The Registration Committee may also co-opt such number of experts and for such
purpose or period as it may deem fit, but any expert so co-opted shall have no right to
vote.
(5) The following term and allowances of the members of registration committee shall be
decided by the centre as they deemed fit
9.Powers and functions of the Registration committee- The Registration Committee
shall exercise the following powers and functions, in such manner as may be prescribed
by the Central Government — (a) make decisions regarding the application received by it
for the registration of pesticides;
(b) specify conditions subject to which a certificate of registration is granted;
(c) periodically review the safety and efficacy of registered pesticides and amend or
cancel certificates of registration;
(d) review the registration of pesticides on behalf of which a reference is made, or that
are prohibited by the Central Government or the State Government under section 35;
(e) maintain a national register of pesticides;
(f) notify substances having pesticidal properties; and
(g) such other functions as may be prescribed by the Central Government.

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 GRANT OF LICENCES
10. Licensing Officer: - 1. a) The State Government may, by notification, appoint a
person having such qualifications as may be prescribed by the State Government as
Licensing Officer for the purposes of this Act.
b) The Licensing Officer shall exercise such powers and functions as may be prescribed
by the State Government.
c) Any person desiring to manufacture, distribute, exhibit for sale, sell or stock pesticides
or undertake pest control operations, shall make an application in such form and with
such fee as may be prescribed by the Central Government to the Licensing Officer for the
grant of a licence.
d) The Central Government may, by notification, specify the ordinary use pesticide in
respect of which a licence to sell or stock under this Act is not required.
(2) Amendment and revocation of licence-If the Licensing Officer is satisfied, that—
(a) the information on the basis of which the licence was granted was false or misleading
in any material particular;
or (b) the holder of the licence has violated the conditions subject to which it was
granted;
or (c) the holder of the licence has contravened any of the provisions of this Act or rules
made thereunder, then, without prejudice to any other penalty to which the holder of the
licence may be liable under this Act, the Licensing Officer may, after giving the holder of
the licence an opportunity of being heard, revoke the licence.
(d) A licence to manufacture, distribute, sell, exhibit for sale, stock or transport a
pesticide or to undertake pest control operations shall be deemed to be revoked, if the
certificate of registration of that pesticide is cancelled by the Registration Committee.
(3) Appeal from decision of Licensing Officer- (1) Any person aggrieved by the
decision of the Licensing Officer, within a period of thirty days from the date on which
the decision is communicated to him, prefer an appeal to the State Government in such
form and accompanied by such fees as may be prescribed by the State Government:
Provided that the State Government may entertain an appeal after the expiry of the said
period, if it is satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time. (2) On receipt of an appeal under sub-section (1), the State Government
shall, after giving the appellant an opportunity of being heard, dispose of the appeal
within a period of six months from the date of receipt of the appeal.

CHAPTER III
PESTICIDES USE ON FRUITS AND VEGETABLES
11. Pesticide usage ban on certain vegetables and fruits-1) If a person found guilty of
using pesticides on mentioned fruits and vegetables beyond the limit set by registration
committee then he/she shall be fined not less than 50,000 rupees and license shall be
suspended for the next 3 months. 2) Storage of pesticides- pesticides that are to be used
on vegetables and fruits should be well protected from direct sunlight and rain. Whoever
uses affected pesticides on vegetables and fruits, license shall be confiscated for the next
3 months with a fine of 10,000
12.Application of pesticides – it shall be on vegetables and fruits in a safe manner to
prevent environmental and water pollution, apply it according to the required pH level.
13.Special training- No person shall without special training use a mixture of pesticides
on vegetables and fruits, contravention of which would make the person liable to pay fine
of 25,000

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14.Prohibition of manufacture of certain pesticides on vegetable and fruits -:(1) No
person shall, himself or by any person on his behalf, manufacture—
(a) any pesticide the sale, distribution or use of which is for the time being prohibited to
be used on vegetables and fruits
(b) any pesticide except in accordance with the conditions on which it was registered;
(c) any pesticide in contravention of any other provision of this Act or of any rule made
thereunder:
15.Directions on label-Whoever uses pesticide in opposite directions of label shall be
liable to pay fine of 5,000
16.Prohibition on pesticides in public interest and ban on pesticides- (1) The Central
Government or State Government may, at any time, have the opinion that it is expedient
or necessary in the public interest to take immediate action on account of the use of any
had or being likely to have an adverse impact on, or posing a risk to human health, other
living organisms or the environment or posing a barrier in international trade of
agriculture commodities, , as the case may be, may, by notification, prohibit the
distribution, sale or use of the pesticide or a specified batch in such area and for such
period not exceeding one year.
(2) On publication of the notification under sub-section (1), the Registration Committee
shall undertake a review of the molecule or formulation of such pesticide.
(3) The Registration Committee shall complete its review within a period not exceeding
one year from the date of the publication of the notification: Provided that if the
information available to the Committee is not sufficient to enable it to make a decision
within one year, this period may be extended by a further period not exceeding one
hundred and eighty days.
(4) The prohibition on the distribution, sale or use of the pesticide shall continue until the
Registration Committee arrives at a decision in this behalf and the decision shall be
available to public.
(5) If the Registration Committee is satisfied that the pesticide does not present a risk to
the health of human beings, other living organisms or the environment, the prohibition on
the distribution, sale or use of the pesticide shall be allowed from the date on which the
decision of the Registration Committee is available to public.

CHAPTER-IV
PACKING, LABELLING AND ADVERTISING

17. Prohibition of sale or distribution unless packed and labelled. - No person shall
stock or exhibit for sale or distribute [or cause to be transported] any pesticide unless it is
packed and labelled in accordance with the provisions of these rules.

18. Packaging of Pesticides-: 1. Every package containing the pesticides shall be of a

type approved by the Registration Committee.
2. Before putting any pesticide into the primary package, every batch thereof shall be
analysed as per the relevant specifications of the manufacture thereof. If any pesticide 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, notwithstanding the fact that any further steps are still required to
be taken to make it marketable.

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19. Leaflet to be contained in a package 1. The packing of every pesticide shall include
a leaflet containing the following details, namely:
a) The plant disease, insects and noxious animals or weeds for which the pesticide is
to be applied, the adequate direction concerning the manner in which the pesticide
is to be used at the time of application;
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;
c) Cautions regarding storage and application of pesticides with suitable warning
relating to inflammable, explosive or other substance harmful to the skin;
d) Instructions concerning the decontamination or safe disposal of used containers;
e) A statement showing the antidote for the poison shall be included in the leaflet
and the label;
f) If the pesticide is irritating to the skin, nose, throat, or eyes, a statement shall be
included to that effect.
g) Common name of the pesticide as adopted by the International Standards
Organization and where such a name has not yet been adopted such other name as
may be approved by the Registration Committee.

2. The label shall be so affixed to the container that it cannot be ordinarily removed.
3. The upper portion of the square, shall contain the following symbols and warning
statements:
i. pesticides belonging to Category I (Extremely toxic) shall contain the symbol of a skull
and cross-bones and the word "POISON" printed in red;
The following warning statements shall also appear on the label at appropriate place,
outside the triangle -;
a) "KEEP OUT OF THE REACH OF CHILDREN"
b) "IF SWALLOWED, OR IF, SYMPTOMS OF POISONING OCCUR CALL
PHYSICIAN IMMEDIATELY"
i) pesticides in Category II (highly toxic) will contain the word "POISON"
printed in red and the statement "KEEP OUT OF THE REACH OF
ii)CHILDREN"; shall also appear on the label at appropriate place, outside
the triangle.
iii)Pesticides 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,
iv)Pesticides in Category IV (slightly toxic) shall bear the word
"CAUTION".

4. The label and the leaflets to be affixed or attached to the package containing pesticides
shall be printed in Hindi, English and in one or two regional languages in use in the areas
where the said packages are likely to be stocked, sold or distributed.
5. Labelling of pesticides must not bear any unwarranted claims for the safety of the
producer or its ingredients. This includes statements such as, "SAFE", "NON-
POISONOUS", "NON-INJURIOUS" or "HARMLESS" with or without such qualified
phrase as "when used as directed".

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20.Advertising- (1) No person or company shall, itself or by any person on its behalf,
broadcast or promoted by any worker
(a) any pesticide which is not registered or is characterized as harmful;
(b) any pesticide, the sale, distribution or use of which is for the time being prohibited
(c) any pesticide in contravention of any other provision of this Act or of any rule made
there under.
(2) No person or company shall, itself or by any person on its behalf, broadcast, promote,
or use for commercial pest control operations any pesticide except under, and in
accordance with the conditions of, a license issued for such purpose under this Act.
(3) No person or company shall use multimedia, or representatives\dealers to broadcast
their products directly to the customers as they are classified deadly substances.

CHAPTER V
ADJUDICATORY AND ADMINISTRATIVE BODY
21.Appointment of Pesticide Inspector- The Central Government or the State
Government may, by notification, appoint such persons as it thinks fit, possessing such
technical and other qualifications to be Pesticide Inspector for such areas as may be
specified in that notification, shall be appointed as a Pesticide Inspector.
22.Powers of pesticide inspector- a Pesticide Inspector shall have the power to: —
a) Enter and search, any premises, at all reasonable times and with such assistance, if any,
as he considers necessary, in which he has reason to believe that an offence under this Act
or the rules made thereunder has been or is being or is about to be committed according to
the provisions of this Act or the rules made thereunder or the conditions of any certificate
of registration or licence issued are being complied with;
(b) require the production of, and to inspect, examine, make copies of, take extracts from
or seize any record, register, document or other material object or stock of a pesticide
found on any premises or kept by a dealer, distributor, manufacturer, importer, vendor,
carrier of a pesticide, pest control operator or such other person, if he has reason to
believe that all or any of them may furnish evidence of the commission of an offence
under this Act or the rules made thereunder;
(c) take samples of any pesticide which is being manufactured, sold, stocked, exhibited,
offered for sale or distributed and send such samples for test and analysis to the Pesticide
Analyst within forty-eight hours and in such manner as may be prescribed by the Central
Government;
ADJUDICATORY BODY
23. court of inquiry - (1) The centre government may as occasion arises by notification
in the Official Gazette constitute a court of inquiry for inquiring into any matter
appearing to be connected with or relevant to a pesticide related dispute.
(2) Trial of offences under this Act in any district or metropolitan area, may, by
notification in the Official Gazette and after consultation with the High Court, be notified
to one or more Courts of Judicial Magistrates of the first class, or, as the case may be,
Metropolitan Magistrates, in such district or metropolitan area to be Court of inquiry for
the purposes of this Act.
(3) A court may consist of one independent person or of such number of independent
persons as the appropriate Government may think fit and where a court consists of two or
more members, one of them shall be appointed as the chairman.

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 CHAPTER VI
OFFENCES AND PUNISHMENT
24.Whoever-:
Uses mentioned pesticides in an excessive manner, more than the stated quantity which
results in violation and harm of the safety standards set by the pesticide committee for
humans and the environment shall be punishable with imprisonment for a term which
may extend to two years, or with fine which shall not be less than five lakh rupees but
which may extend to twenty lakh rupees, or with both.
25. Punishment for violations -Whoever manufactures, imports, distributes, sells,
exhibits for sale, stocks or transports a pesticide or undertakes pest control operations—
(a) with any pesticide that has not been registered in accordance with the provisions of
this Act; or
(b) without a valid licence, where such licence is required by the provisions of this Act,
shall be punishable with imprisonment for a term which may extend to three years, or
with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh
rupees, or with both.
26. Punishment for activities involving falsified pesticide- Whoever deliberately or
fraudulently misrepresents the identity, composition or source of a pesticide in the course
of its manufacture, import, distribution, sale, exhibition for sale, stocking or conduct of
pest control operations, shall be punishable with imprisonment for a term which may
extend to three years, or with fine which shall not be less than ten lakh rupees but which
may extend to forty lakh rupees, or with both.
27. Punishment for obstruction- Whoever obstructs an officer in exercising of powers
or discharging of duties under this Act or the rules made thereunder shall be punishable
with fine which shall not be less than twenty-five thousand rupees but which may extend
to fifty thousand rupees.
28.Punishment for misleading advertisements- (1) No advertisement shall be made of
any pesticide which is misleading or deceiving or contravenes the provisions of this Act,
the rules and regulations made thereunder.
(2) No person shall engage himself in any unfair trade practice for purpose of promoting
the sale, supply, use and consumption of articles of pesticide or adopt any unfair or
deceptive practice including the practice of making any statement, whether orally or in
writing or by visible representation which –
1. falsely represents that the pesticide are of a particular standard, quality, quantity
or grade-composition;
2. makes a false or misleading representation concerning the need for, or the
usefulness;
3. gives to the public any guarantee of the efficacy that is not based on an adequate
or scientific justification thereof: advertises or sells in a misleading way or makes
false or misleading statements or providing false or misleading information while
promoting pesticides shall be penalised extendable till 50 lakhs
29. Subsequent offences- If any person, after having been previously convicted of an
offence punishable under this Act subsequently commits and is convicted of the same
offence, he shall be liable to not less than twice the fine that was imposed at the time of
the first conviction, irrespective of the maximum fine provided for such offence in this
Chapter:

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Provided that where a person is convicted of an offence under section 44 for the third
time or more, he shall also be liable to imprisonment for a term which may extend to one
year.
30. Offences by company-Where an offence under this Act has been committed by a
company, every person who at the time the offence was committed was in charge of, or
was responsible to the company for the conduct of the business of, the company, as well
as the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to
any punishment under this Act if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such
offence.
31. Defences to prosecution under this Act- (1) It shall be no defence in a prosecution
under this Chapter to prove merely that—
a) the accused was ignorant of—(i) the nature or substance or quality of the pesticide
in respect of which the offence was committed; or
(ii) the risk involved in the manufacture, sale or use of such pesticide; or (iii) the
circumstances of its import;
b) a purchaser, having bought only for the purpose of test or analysis, was not
prejudiced by the sale.
(2) A person, not being the importer or manufacturer of a pesticide or his agents shall not
be liable for a contravention of any provision of this Act, if he proves that—
a) he acquired the pesticide from a person having a valid licence to import,
manufacture, sell, distribute or stock a pesticide, as the case may be;
b) he did not know and could not with reasonable diligence, have ascertained
c) that the pesticide received from the manufacturer or distributor is not of approved
composition;
d) the pesticide, while in his, possession, was properly stored and remained in the
same state as when he acquired it.

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 CHAPTER VII
MISCELLANEOUS

32.Exemption
(1) No person using pesticides in his own household, kitchen-garden or land under their
own cultivation shall be liable to be prosecuted for any offence under this Act.
(2) The Central Government may, by notification, and subject to such conditions as may
be specified, exempt from all or any of the provisions of this Act or the rules made
thereunder any use of pesticides for educational, scientific or research purposes by
organisations carrying out such activities.
33. Price of pesticides
If the Central Government is of the opinion that it is necessary or expedient to secure the
distribution and availability of pesticides at fair prices, it may constitute an authority to
exercise such powers and perform such functions to regulate the price of pesticides in
such manner as may be prescribed by the Central Government.
34. Power of Central Government to give directions: - The Central Government may
give such directions as it may deem necessary to a State Government or the Board for
carrying out all or any of the provisions of the Act or the rules made thereunder and the
State Government or the Board, as the case may be, shall comply with such directions.
35. Protection of action taken in good faith: - No prosecution, suit or other proceeding
shall lie against the Government, or any officer of the Government, or the Board, the
Registration Committee, or any committee of the Board or any sub-committee of the
Registration Committee for anything done in good faith or intended to be done under this
Act
36. Compensation under the Consumer Protection Act, 1986: - A consumer of a
pesticide may claim compensation from a manufacturer or distributor or stockist or
retailer or pest control operator, as the case may be, under the provisions of the Consumer
Protection Act, 1986 for any loss or injury in respect of pesticide.

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 APPENDIX-I

Form I
Application for the Grant of License to Manufacture Pesticides

1. Name, address and e-mail address of the applicant:

2. Address of the manufacturing premises:
3. Particulars of the fee deposited:
4. (a) Name of the pesticide and its registration number:
(enclose copy of certificate of registration of the pesticide duly certified by
the applicant)
(b) Whether the registration is provisional or regular:
(indicate date of validity in case of provisional registration)
(c) Details of full-time expert staff engaged in the manufacture and testing of
the pesticide in the above unit:
Sl. Name and Qualification Experience
No. designation
(d) Whether details of facilities for manufacture of the pesticide, including
infrastructure and those mentioned in Chapter VIII of the Pesticides Rules,
1971, have been provided:
(Enclose complete details in a separate sheet duly signed by the applicant)

Signature of the applicant

Verification
I ________________s/d/o___________________do hereby solemnly verify that
the information given in the application and the annexures and statements
accompanying it is correct and complete to the best of my knowledge and belief
and that nothing has been concealed. I clearly understand that this license is liable
to be cancelled, if any information, or part thereof, is found to be wrong, fake or
false at any stage or any condition of license is violated.
I declare that we have adequate space and facilities to stock pesticides,
manufactured by us so as to maintain their quality on shelf and shall not supply to
any distributor or dealer or person who does not have adequate space and facilities
to stock them so as to maintain their quality on shelf under every circumstances.
I further declare that I am making this application in my capacity as ___________
and that I am competent to make this application and verify it by virtue of
______________ a photo/ attested copy of which is enclosed herewith.
Place:
Date:
Signature with seal

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 APPENDIX-II
Form II
Licence to Sell, Stock or Exhibit for Sale or Distribute Pesticides, Including
Stock and use of Pesticides for Commercial Pest Control Operations

License number _________________

License to sell, stock or exhibit for sale or distribute by retail the following
pesticide(s) or carrying out commercial pest control operations on the premises
situated at _____________________________ (Complete address along with
PIN Code) is granted to M/s_____________________________________ as
specified here under: -
Sl. No. Particulars of the Registration Date of grant of license
pesticide number

2. The license is subject to the provisions of the pesticide regulation and

management bill,2021 and the rules made thereunder for the time being in force
as well as the conditions specified below.

Place:
Date:
Signature of the licensing officer
Seal

18
 ANNEXURE-I
FINANCIAL MEMORANDUM
1) Clause 5 of the Bill seeks to provide for constitution of a Central Pesticides Board
to advise the Central Government and the State Governments on scientific and
technical matters arising out of the administration of the Bill.
2) sub-clause (1) of clause 6 of the Bill seeks to provide two representatives of
Farmers of whom at least one shall be female to be nominated by the Central
Government as members of the Board.
3) Sub-clauses (3) and (4) of clause 7 of the Bill seeks to provide for allowances of
the Members of Committees of the Board, consultants, experts, advisor or other
persons
4) Clause 9 of the Bill seeks to provide for constitution of a Registration Committee
to carry out the functions assigned to it, or by under this Bill.
5) Sub-clause (5) of clause 8 of the Bill seeks to provide that the Central
Government shall provide the Board and the Registration Committee with such
technical and other staff as it considers necessary.
6) Sub-clause (1) of clause 24 of the Bill seeks to provide for the constitution of a
fund to: — (a) an amount which the Central Government may, after due
appropriation made by Parliament by law in this behalf provide; and (b) penalties
imposed by a court for the contravention of any of the provisions of this Bill. Sub-
clause
7) Clause 22 of the Bill seeks to provide for appointment of Pesticide Inspector and
to exercise the powers entrusted to them by or under the Bill.
8) Clause 34 of the Bill seeks to provide for constitution of an authority to exercise
such powers and perform such functions to regulate the price of pesticides.
The expenditure for the proposed Pesticide Regulation and Management Bill, 2021 shall
be primarily met out of the budgetary provisions for the administration of the Pesticides
regulation and management bill,2021. The additional funds, if required, for the purpose
would be provided through support from within the existing allocations of the
Department of Agriculture and Farmers Welfare. The provisions of the proposed Bill do
not involve any expenditure either recurring or non-recurring from the Consolidated Fund
of India.

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 ANNEXURE-II
MEMORANDUM REGARDING DELEGATED LEGISLATION
1. Clause 35 of the Bill empowers the Central Government to make rules, after
consultation with the Board and subject to the condition of previous publication of the
notification, for carrying out the provisions of the Bill. Such rules may, inter alia provide
for: —
a) The terms and conditions of the Members nominated
b) The allowances of the Members of the Committee
c) The term and conditions and such allowances of consultant, experts, advisers or
other persons
d) The qualification and experience of the Chairperson of the Registration
Committee
e) The terms of the office of the Chairperson of the committee
f) Other functions of the Registration Committee
g) The fees for application under sub-section
h) The manner for grant of certificate of registration to the applicant
i) The period for rectification of violation
j) The manner of maintaining record of sale of pesticide and submission of record
to the Licencing Officer
k) The technical and other qualifications of a Pesticide Inspector
l) The manner of sealing and marking of the containers
m) The manner of disposal of expired pesticide
n) The manner of regulation of substances not intended for use as pesticides

20
 LOK SABHA

A
BILL
to regulate pesticides, including their manufacture, labelling, pricing, storage,
advertisement, sale, use and disposal in order to ensure availability of safe and effective
pesticides, and to strive to minimise risk to human beings, animals, living organisms
other than pests, and the environment with an endeavour to promote pesticides that are
biological and based on traditional knowledge, to ensure availability of safe and
wholesome food for human consumption and for matters connected therewith or
incidental thereto.

21