Requirement of import permit/registration for import of certain substances for non-insecticidal use
REFERENCES were received by the Board from trade and industry highlighting difficulties being faced in clearance of imported substances listed in Schedule 3 of the Insecticides Act, 1968 that are meant for non-insecticidal purposes.
It appears that on account of varying interpretations of the relevant legal provisions, the Custom Houses are adopting different practices which are adversely impacting smooth clearances of such items being imported for non-insecticidal use.
Board has examined the matter in the context of Section 38 of the Insecticides Act, 1968, the relevant extract of which is reproduced below for sake of clarity:
‘Section 38. Exemption
1. Nothing in this Act shall apply to-
(a) the use of any insecticide by any person for his own household purposes or for kitchen, garden or in respect of any land under his cultivation;
(b) any substance specified or included in the Schedule or any preparation containing any one or more such substances, if such substance or preparation is intended for purposes other than preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to human beings'.
Board's Clarification:
As may be seen, the aforementioned provisions of section 38 of the Insecticides Act, 1968 are unambiguous and leave no scope for interpretation. Essentially, the exemption from the provisions of the said Act would apply to those insecticides that are used for household purposes etc or for other than insecticidal purposes. Thus, import of items listed under schedule 3 of the said Act that are intended to be used for these purposes that are specified in the said section 38 would be outside the ambit of the provisions contained in Insecticides Act, 1968. The implication is that the clearance of such imported items would not be subject to the requirement of registration / import permit from CIB & RC.
Board desires that for the sake of uniformity, Custom Houses shall immediately align their local procedures in line with this clarification.
It is however clarified that import of Boric Acid would continue to be governed by the specific instructions on the item that are currently in force.
CBEC Letter F.No.401/101/2011-Cus.lll ., Dated: June 22, 2011