MALATHION CONTROL ACT

Arrangement of Sections

1. Short title.

2. Sole authority for import of Malathion.

3. Restriction on possession, transport, sale and use or the insecticide.

4. Administration of the Act.

5. Authorised Officer.

6. Powers of Authorised Officer.

7. Procedure in respect of seized insecticide.

8. Analysis.

9. Approved Analyst.

10. Offences and penalties.

11. Offences and penalties.

12. Accused liable to be arrested without a warrant and to be tried by a Magistrate's Court.

13. Institution of proceedings.

14. Report of Approved Analyst or Additional Approved Analyst.

15. Authorised Officer to produce before court the part of the sample retained by him.

16. Offences committed by a body of persons.

17. Protection for action taken in good faith.

18. Regulations.

19. Interpretation.

22 of 1985.

AN ACT to prohibition the possession, transport, sale and use of Malathion in Sri Lanka by unauthorised individuals and for matters connected therewith or incidental thereto.

[Date of Commencement: 21st June, 1985]

1. Short title.

This Act may be cited as the Malathion Control Act.

2. Sole authority for import of Malathion.

The sole authority for the import of Malathion (hereinafter referred to as "the insecticide”) shall be the State acting for the time being through the Director-General of Health Services (hereinafter referred to as "the
Director-General”).

3. Restriction on possession, transport, sale and use of the insecticide.

No person other than persons duly authorised in writing by the Director-General for the purpose of the Anti Malaria Campaign of the Department of Health Services shall have in his possession, transport, sell or use the insecticide.

4. Administration of the Act.

(1) The Director-General shall, unless otherwise Administration provided for in this Act, be in charge of the general administration of this Act.

(2) The Director-General may give such directions as he may deem necessary to any officer of his department regarding the execution and the enforcement of all or any of the provisions of this Act or regulations made thereunder, and every such officer to whom directions are so given shall comply with such directions.

(3) The Director-General may, with the approval of the Minister, delegate all or any of his powers, duties or functions under this Act to any subordinate officer by name or office and any such officer to whom any such powers, duties or functions are so delegated shall exercise, perform or discharge them subject to the general or special directions of the Director-General.

5. Authorised Officer.

The Director-General may nominate any officer of the Anti-Malaria Campaign to be an Authorised Officer for the purposes of this Act.

6. Powers of Authorised Officer.

(1) An Authorised Officer may, for the performance, of his duties and the exercise of his powers—

(a) at any reasonable time, enter any place, where he believes that the insecticide is prepared, packaged or stored, and examine and take samples thereof and also examine any material, implement, apparatus or other article that he believes is used for the preparation, packaging or storing of the insecticide;

(b) for the purpose of search, stop or detain any vehicle in which he believes that the insecticide is being transported, and search and examine and take samples of the insecticide;

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