AGRICULTURAL PESTICIDES (AMENDMENT) ACT, 1997

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AGRICULTURAL PESTICIDES (AMENDMENT) ACT, 1997
(XXXIX OF 1997)
CONTENTS
1.Short title and commencement  
2.Amendment of section 3, Ordinance II of 1971  
3.Amendment of section 10, Ordinance II of 1971  
4.Substitution of section 21, Ordinance II of 1971  
5.Insertion of new section 21A, Ordinance II of 1971  
6.Substitution of section 22, Ordinance II of 1971  
7.Amendment of section 23, Ordinance II of 1971  
8.Amendment of section 24, Ordinance II of 1971  
9.Addition of new section 26A, Ordinance II of 1971  
TEXT 
AGRICULTURAL PESTICIDES (AMENDMENT) ACT, 1997
(XXXIX OF 1997)
[8th November, 1997]
An
Act
further to amend the Agricultural Pesticides Ordinance, 1971
WHEREAS it is expedient further to amend the Agricultural Pesticides Ordinance, 1971 (II  
of 1971), for the purposes hereinafter appearing: - 
It is hereby enacted as follows: -
1. Short title and commencement.— (1) This Act may be called the Agricultural Pesticides  
(Amendment) Act, 1997. 
(2) It shall come into force at once.
2. Amendment  of  section  3,  Ordinance  II  of  1971.—  In  the  Agricultural  Pesticides 
Ordinance, 1971 (II of 1971), hereinafter referred to as the said Ordinance, in section 3,-
(a) for clause (a) the following shall be substituted, namely:-
"(a) “adulterated” in relation to a pesticide means a pesticide with which spurious,  
deleterious  or harmful  substance has  been mixed  or  which  is  wholly  or  mainly 
ineffective for the purpose for which it is intended”; and
(b) in clause (r) the word “and” at the end shall be omitted and after clause (r) the  
following new clause shall be inserted namely: -
“(rr) “sub-standard” when used with reference to a pesticide,  means any pesticide  
the  strength  or  purity  of  which  fall  below  the  professed standard or quality  
which is expressed on its label or under which it is sold or a pesticide any valuable  
ingredient of which has been wholly or partially extracted; and”
3. Amendment of section 10, Ordinance II of 1971.— In the said Ordinance, - 
(a) section 10 shall be re-numbered as sub-section (1) of that section and  in sub-
section (1) re-numbered as aforesaid the words “branded or” shall be omitted; and.
(b) After sub-section (1) amended as aforesaid the following new sub-section shall be  
added, namely;-
“(2) Any dealer wholesaler, retailer or an agent who has been convicted of not less  
than  two  offences  under  this  Ordinance  shall  be  black  listed  by  the  importer, 
manufacturer, distributor or formulator of the pesticide in question.”
4. Substitution of section 21, Ordinance II of 1971.— In the said Ordinance, for section 21, 
the following shall be substituted, namely : -
“21.  Offences  and  penalties.-(1)  Any  person  who  imports,  manufactures,  formulates, 
sells,  offers   or   exposes  for  sale,  holds  in  stock  for  sale  or  advertises  for  sale  an 
adulterated or sub-standard pesticide shall be guilty of an offence.
(2) The person guilty of an offence under sub-section (1) shall be punished:-
(a) in the case of an adulterated pesticide, in relation to a first offence with  
imprisonment for a term which shall not be less than one year or more than  
three years and with fine amounting to five hundred thousand rupees and for  
every subsequent offence with imprisonment  for a term which shall not be  
less than two years or more than three years and with fine which shall not be  
less than  five  hundred thousand rupees or more than one million rupees;  
and
(b) in the case of  a sub-standard pesticide, in relation to a first offence with  
imprisonment for a term which shall not be less than six months or more than  
two years and with fine which may extend to five hundred thousand rupees  
and for every subsequent offence with imprisonment which may extend to  
three years and with fine but shall not be less than the punishment given for  
the first offence.”
5. Insertion of new section 21A, Ordinance II of 1971.—  In the said Ordinance, after  
section 21 substituted as aforesaid the following new section shall be inserted, namely: -
“21A.  Punishment  for  offences  not  provide  for  in  section  21.- Any  person  who 
contravenes  any  of  the  provisions  of  this  Ordinance  or  the  rules  for  the  
contravention  of  which  no  other  punishment  is  provided  in  this  Ordinance,  shall  be 
punishable  with  fine  which  may extend to one  hundred  thousand rupees".
6. Substitution of section 22, Ordinance II of 1971.— In the said Ordinance, for section 22, 
the following shall be substituted, namely: -
“22. Manufacturer’s warranty to dealers.-  Whoever gives a false warranty to a dealer or  
purchaser in respect of adulterated or sub-standard pesticide shall, unless he proves that  
when he gave the warranty he had good reason to believe the same to be true, be guilty of  
an offence punishable in the same manner and to the same extent as provided for under  
section 21”
7. Amendment of section 23, Ordinance II of 1971.— In the said Ordinance, in section 23,  
for the words “shall be punishable with imprisonment for a term which  shall  not be less than  two  
years  or  more  than  four years  and  fine amounting to one hundred thousand rupees” the  
following shall be substituted, namely: -
"shall be punishable,-
(i) in the case of an offence under clause (a) or (b) with imprisonment for a term which  
shall not be less than two years or more than three years and with fine which may  
extend to one million rupees; and
(ii) in the case of an offence under clause (c) with imprisonment for a term which may  
extend to six months and with fine which may extend to one hundred thousand  
rupees”.
8. Amendment of section 24, Ordinance II of 1971.—  In the said Ordinance, after sub-
section (2) the following new sub-section shall be added, namely;-
“(3) an inspector may  apply to the District Magistrate, Additional District Magistrate,  Sub-
Divisional  Magistrate  of  the  District  or  Sub-Division or Tehsil or Taluka, as the case may be,  
for  police  assistance  and  such  Magistrate  may  direct  that  an   executive   magistrate   shall 
accompany  the  Inspector  alongwith a police party  for  the  purpose of collecting sample for 
examination.”
9. Addition  of new section 26A, Ordinance II of 1971.—  In the said Ordinance, after  
section 26, the following new section shall be inserted, namely:-
“26A. Cognizance and prosecution of offences, -  The offences punishable under this  
Ordinance shall be cognizable and non-bailable but a police officer shall not register or investigate 
a case relating to an offence under this Ordinance except on a complaint by the Inspector and the  
Public  Prosecutor  shall  be  responsible  for  conducting  prosecution  of  offences  under  this 
Ordinance.”