 bill no xxiv of  2011 the endosulfan pesticide (prohibition) bill, 2011 a billto prohibit the use  of  endosulfan  pesticide  in  agricultural  activities  with  a  view to preventing its  harmful  effects  on human  beings,  environment  and to provide relief to persons affected by the harmful effects of endosulfan and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-second year of  the republic of india as follows:—1 (1) this act may be called the endosulfan pesticide (prohibition) act, 2011 (2) it extends to the whole of indiashort title, extent and commencement       5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint and different dates may be appointed for different states and for different provisions of this act2  the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceapplication of other laws not barreddefinitions     103 in this bill, unless the context otherwise requires:—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government(b) "bpl family" means the below poverty line family as determined by thegovernment of india     15(c) "endosulfan" means the pesticide in use includes all its and alternativepesticides having the same composition by a different name(d) "pesticide inspector" means an inspector appointed under section 7 (e) "prescribed" means prescribed by rules made under this act(f) "tribunal" means the tribunal constituted to adjudicate on matters referred to it on endosulfan pesticide under section 6| 4              | on and from such day as the central government may appoint in this behalf,—   ||-----------------|-------------------------------------------------------------------------------|| 5               |                                                                               || prohibition     |                                                                               || on use of       |                                                                               || endosulfan     |                                                                               || (               | i                                                                             || activities; and |                                                                               |(ii) the import of endosulfan and its alternatives from other countriesshall be prohibited105 (1) any person suffering from the adverse effects of endosulfan and his family, shall be considered as a bpl family by the appropriate government and shall be eligible to all the compensation and benefits provided for the bpl familiesrelief measures for persons affected by endosulfan pesticide15(2) the appropriate government shall provide financial assistance of rupees four thousand per month to the family of any person affected by ill effects of endosulfan pesticide and the family shall continue to receive financial assistance of rupees two thousand per month for a period of another five years after the death of the affected person(3) all persons suffering due to the ill-effects of endosulfan shall be provided free treatment and special health care in district level government hospitals or government hospital or government clinic nearest to their area of residence20(4) the appropriate government shall provide financial assistance of rupees two thousand per month to the persons who assist and take care of the persons affected by endosulfan pesticide(5) the tribunal shall have the power to review the matters referred to it and shall decide on the compensation and relief for the aggrieved persons and also the punishment for violation of the provisions under this act25(6) the tribunal shall also advise the central government and state governments on development of safer alternatives to existing endosulfan pesticide as per latest global research and development6 (1) the appropriate government shall by notification in the official gazette, constitute a tribunal to deal with matters arising out of the provisions of this act30composition, functions and powers of the tribunal(2) the tribunal shall consist of three members who shall decide on matters referred to it by the appropriate government relating to endosulfan pesticide35(3) one member of the tribunal shall  be a retired judge of the high court of the state and each of the two members shall be experts in public health and agricultural activities and practices respectively, and to be appointed by the government of india,for a term of five years for each member of the tribunal on such terms and conditions as may be prescribed(4) the tribunal shall have such members of officers and staff on such terms and conditions as may be prescribed407 (1) the tribunal shall appoint a person as it deems fit, possessing such technical and other qualifications as may be prescribed, to be a pesticide inspector for specified districts as may be specified in the notification:appointment of pesticideinspector and its powersprovided that no person who has any financial interests in the manufacture, import and sale of any pesticide shall be appointed as pesticide inspector(2) the pesticide inspector shall have the power—45(a) to enter, search and seize, inspect documents necessary to carry out theobjectives of this act, at all reasonable times and with such assistance, if any, as he       5considers necessary, any premises 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, and report to the required authorities and to the tribunal; or for the purpose of satisfying himself that the provisions of this act or the rules made thereunder are being compiled with; and (3) to stop with the permission of the executive magistrate, the distribution, sale oruse of endosulfan or alternative pesticide which he has reason to believe is being distributed or sold or used in activities in contravention of the provisions of this act and report it to the tribunal     108 the central government shall provide, from time to time, after due appropriationmade by parliament by law in this behalf, requisite funds for carrying out the purposes of this actcentral government to provide fundspenalty     159 (1) whoever violates any provisions of this act or any rules made therein undershall be punishable with an imprisonment of not less than six months which may extend to two years or with the fine of not less than twenty-five thousand rupees which may extend to one lakh rupees or with both(2) whoever obstructs a pesticide inspector from exercising the powers and functions in discharging the duties provided under this act shall be liable to pay a penalty of not less than rupees twenty-five thousand20(3) whoever manufactures, sells or exhibits for sale, the prohibited endosulfan pesticideunder this act, shall be liable to be punished with imprisonment of six months which may extend to two years or to pay a fine of not less than rupees twenty five thousand which may extend to two lakh rupees or with bothpower to make rules2510 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsendosulfan is banned in more than sixty three countries worldwide for its hazardous effects on human beings and environment india still continues to be the world's largest user of endosulfan and a mojor producer of it the adverse impact of this pesticide on health and safety of human life cannot be overlooked in kerala, due to the use of this pesticide thousands of people have lost their lives the stockholm convention on persistent organic pollutants has recommended that endosulfan be listed as a persistent organic pollutant keeping the interests of the farmers and environment, it is imperative to prohibit the practice of using this deadly pesticide and also to look for safer alternatives so that banning of this infectious pesticide does not harm the agricultural interests in any wayhence, this billp rajeeve financial  memorandumclause 6 of the bill seeks to constitute a tribunal by the appropriate government to deal with matters related to endosulfan pesticide and its alternatives clause 7 provides for appointment of pesticide inspector to exercise the powers entrusted to him under this bill clause 8 of the bill makes it obligatory for the central government to provide requisite funds for carrying out the purposes of this bill the bill, if enacted, will involve recurring as well as non-recurring expenditure from the consolidated fund of india though it is difficult to estimate the expenditure at this juncture memorandum  regarding  delegated  legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of this bill the rules will relate to matters of details only the delegation of legislative power is of normal character———— a billto prohibit the use  of  endosulfan  pesticide  in  agricultural  activities  with  a  view topreventing its  harmful  effects  on human  beings,  environment  and to providerelief to persons affected by the harmful effects of endosulfan and formatters connected therewith and incidental thereto————(shri p rajeeve, mp)