Section 27 - Insecticides Act

Insecticides Act, 1968 (46 of 1968) Section 27(1) – Prohibition under Section 27 (1) is an interim one, pending investigation - It is for a limited period - At this stage, there was no occasion for grant of a personal hearing to the stakeholders or to confront them with the material forming the basis of the tentative opinion formed by the Government of Punjab – There is no restriction on the source of information. (201) PLR 048

Insecticides Act, 1968 (46 of 1968) Section 27(1), 27(2) – Working of Section 27 (1) indicates that the power can be invoked by both the State and the Central Governments - The ban imposable under Section 27 (1) of the Act is by its very nature an interim measure and for a limited period, whereas the scope of the power of the Central Government under Section 27 (2) of the Act is much wider - These provisions are thus not mutually exclusive. (201) PLR 048

Insecticides Act, 1968 (46 of 1968) Section 27(1) – First notification under Section 27 (1) lapsed without a final order, pursuant to the investigation, being passed - When another notification was again issued under Section 27 (1) of the Act – There is no bar under Section 27 of the Act to issue a fresh notification if the circumstances so warrant. (201) PLR 048