Poisons Act, 1977 (1920 A.D.)

No: 34 Dated: Apr, 01 1978

THE POISONS ACT, 1977 (1920 A.D.)

(Act No. XXXIV of Samvat 1977)

    An Act to provide for the regulation of the possession and sale of all poisons in certain local areas, and the importation, possession and sale of white arsenic generally.

    Whereas it is expedient to make provision for regulating the possession and sale of all poisons in certain local areas and the importation, possession and sale of white arsenic;

It is hereby enacted as follows

1. Short title, extent and commencement. - (1) This Act may be called the Poisons Act, 1977.

(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.

Poisons Generally

2. Power to regulate possession for sale and sale of any poison in certain cases. - (1) [The Government] may, by rule, regulate within the limits of any municipality or cantonment the possession for sale and the sale, whether wholesale or by retail, of any specified poison.

(2) In particular, and without prejudice to the generality of the power conferred by sub-section (1), rules made thereunder may provide for, amongst other matters,-

(a) the grant of licence to possess any specified poison for sale, wholesale or by retail, and the fixing of the fee (if any) be charged for such licences;

(b) the classes of persons to whom alone such licences may be granted;

(c) the classes of persons to whom alone any such poison may be sold;

(d) the maximum quantity of any such poison which may be sold to any one person;

(e) the maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same;

(f) the safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold or possessed for sale; and

(g) the inspection and examination of any such poison when possessed for sale by any such vendor.

(3) Any substance specified as a poison in a rule made under this section shall be deemed to be a poison for the purposes of this Act.

White Arsenic

3. Powers to prohibit importation into the State of white arsenic except under licence. - [The Government] may, by notification in the Jammu and Kashmir Government Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation of white arsenic into the State, and may, by rule, regulate the grant of licences and prescribe the conditions to be imposed thereby under this section.