Poison Act 1919 To Regulate Import, Possession and Sale of Poisons.

Poison Act 1919 To Regulate the import, possession, and sale of poisons

The central government is authorized to control the import of poison into India. The central government shall decide on custom frontiers to import poison into India. State governments are authorized to frame rules and regulations to control the sale and possession of poison in their respective states.

Import of Poison: The central government makes rules to regulate the import of poison and grants of licence to import poison into India. Specific poisons can be imported into India under a license granted by the central government. Persons can import this specific poison through defined custom frontiers decided by the central government. Specific poison shall be imported as per conditions of license. The central government may prohibit the import of poison except for some exempted poisons.

Possession and Sale of Poison: The state government may make rules to regulate the possession sale and sale of specific poison. These rules may apply to the whole state or any particular territory of the state. This sale may be wholesale or retail or to sell to specific persons for specific poison. The state government may make rules related to the following matters

1. To grant a license to possess any specific poison to sell through the wholesale or retail sale. The government also fixes some license fees to grant licenses for specific poison possession for sale.

2. To decide classes of persons to whom license may be granted for specific poison

3. To decide classes of persons to whom poison may be sold.

4. To decide the maximum quantity of poison to be sold to any one person

5. To maintain a register regarding the sale of poison, to decide particulars to be entered in the register. To decide inspection of maintain register by authorised officers

6. To maintain safe custody of poison. To decide the manner of labeling, packing, and covering of containers for the poison to be stored and to be sold.

7. To inspect and examine poison possessed by the seller.

Power to Regulate Possession of Any Poison in Certain Areas: The state government may make rules to regulate specific poison in certain areas of the state. State governments make rules if any poison is frequently used in that area to commit murder of individuals or to poison cattle. Here rules are framed to stop possession of such poison by any individual. The state government may direct that possession or sale of such prohibited poison shall be a punishable offense. Imprisonment may be up to one year or a fine up to Rs 1000/- or both. Poison along with container, package, or covering shall be confiscated.

Penalty for Unlawful Import of Poison: The following activities related to poison shall be considered punishable offenses:

1. Import of poison without license through custom frontiers

2. Import of poison prohibited to be imported

3. Prohibition of conditions of import license granted to him by an authorized officer

4. Breach of any rule related to possession and sale of imported poison, even for those poison manufactured in India

Punishment for these punishable acts shall be

1. Imprisonment for three months or fine up to Rs 500/- or both on first conviction

2. Imprisonment for six months or fine up to Rs 1000/- or both on a second conviction

3. Poison along with container, package, and covering shall be seized.

Power to Issue Search Warrants: The district magistrate, Sub-divisional magistrate in the presidency town, and commissioner of police may issue search warrants to search places suspected of storing poison or selling against the Poison Act and rules provisions. These authorized officers can also issue search warrants to search places suspected of keeping or concealing poison liable to be confiscated.

A person authorized through this search warrant can enter and search the suspected place as per provisions of the code of criminal procedure, 1898

Rules:

1. The state government may make rules to achieve objects of the Poison Act

2. Every rule framed by the state government and central government shall be notified by official gazette notification and its publication

3. Every rule framed by the central government shall be passed from both houses of parliament.

4. Every rule framed by state government shall be passed by state legislatures

5. The Poison Act shall not interfere in exercises made by professionals like medical practitioners or veterinary practitioners in good faith.

6. The state government may declare by general order or special order that any provision of the act shall not be applied to any article or class of articles specified in such order. The same order may be issued by the state government for any particular poison

7. Authority having power to issue licence can exempt any person from provisions of this act. Similarly he can exempt any articles from provisions of this poison act.