In
exercise of the powers conferred by sections 2 and 8 of the Poisons Act, 1919
(Central Act No. 12 of 1919), the Lt. Governor of NCT of Delhi is hereby
pleased to make the following rules, namely:- (a)
These rules may be called the Delhi Poisons Possession and Sale
Rules, 2015. (b)
They shall extend to whole of the National Capital Territory of
Delhi. (c)
They shall come into force on the date of publication in the
Official Gazette. In these Rules, unless the
context otherwise requires,- (a)
"Act" means the Poisons Act, 1919(Act No 12 of 1919); (b)
"Dealer" means a person holding license under these
rules; (c)
"Licensing authority" means the Commissioner of Police
or any other officer authorized under sub-section (1) of any other officer
authorized under sub-section (1) of Section 7 of the Act to grant a license; (d)
"Licensee" means a holder of a license. (e)
"Notification" means a notification published in the
Official Gazette. (f)
"Form" means a form appended to these rules; (g)
"Schedule" means the Schedule appended to these rules; (h)
"Sale" includes transfer by way of delivery with or
without consideration or sale by one licensee to another or by a licensee to
any educational institution or to any research or medical institution or
hospital or dispensary or laboratory or any recognized public institution or
industrial unit requiring poisons for its own use or to Government Department
or public sector undertakings or to an individual for personal use. The poisons specified in the
Schedule 'A' & 'B' shall be deemed to be poisons for the purpose of these
rules. No person, unless exempted under
the provisions of the Act shall sell or possess for sale any poison specified
in the Schedule except under a license in "Form A" granted or renewed
in that behalf by the licensing authority. A copy of these rules shall
always be displayed in prominent position at the place of business specified in
the license granted under rule 4. (1)
Every person desiring for the grant of license or renewal of a
license shall make a written application to the licensing authority in Form B
and such application shall bear a fee of rupees five hundred. Provided that any
application for renewal of a license which is made more than three months prior
to the date of the expiry of the license(as renewal fee for one year). (a)
In case the application, with accompaniments required under Rule
(1), is not received within the time specified above i.e. more than three
months prior to the date of the expiry, but is received before the expiry,
license shall be renewed only on payment of a fee amounting to twice the fee
ordinarily payable (Rupees one thousand); (b)
In case an application with accompaniments is received by the
licensing authority after the date of expiry, but not later than 30 days from
the date of expiry, the license may, without prejudice to any other action that
may be taken in this regard, be renewed on payment of thrice the fee ordinarily
payable (Rupees one thousand and five hundred). (c)
No license shall be renewed if the application for renewal is
received by the licensing authority after thirty days of the date of its
expiry. (2)
Applications for duplicate license, when the original is lost or
destroyed shall be made in writing and shall bear a court fee stamp of five
hundred rupees. (3)
In the case of any change in the place of business of the
licensee, a fresh application for license shall be made to the licensing
authority and such application shall bear a court stamp of five hundred rupees. (4)
The licensee shall prominently display the license in the place of
business. Subject to the provisions of
rules 8 and 9, a license granted or under these renewed rules shall remain in
force for five years from the date of issue. A license may be cancelled or
revoked at any time. The grant/renewal/cancellation/revocation of a license
shall be at the discretion of the licensing authority. Provided that the licensing
authority shall give an opportunity to the party concerned to show cause, if
any, against the action proposed to be taken and shall record in writing the
reasons for refusing to grant or renew a license or for cancelling or revoking
a license. A license shall be terminated on
the death of the license holder or on the transfer of his business or if
granted to a firm or company, on the dissolution or winding up or the transfer
of the business of such firm or company; Provided that, if the business
carried on by the licensee as such of the firm or company is transferred as a
going concern and the transferee applies for a fresh license, with court fee
stamp of hundred rupees, within fourteen days of the date of transfer, the
subsisting license shall continue to be in force until a new license has been
granted to the transferee or the application of transferee for fresh license is
rejected by the licensing authority. In the event of revocation or
cancellation under Rule 8 or in the event of the termination of license under
Rule 9, the sk of poison may be sold to any other license holder within a
period of three months from the date of such termination, revocation or
cancellation of the license, after which the remaining poison may be destroyed
under the orders of licensing authority. In the case referred to in Rule 9, the
proceeds of the sale, if any, shall be made over to the legal representative of
the deceased license holder or his transferee or, liquidator of the dissolved
firm or company of the transferee of the firm or company, as the case may be. Any Executive Magistrate or a
Police Officer of the rank of Sub-Inspector and above or a Medical officer
appointed by the Government of NCT of Delhi or an Inspector appointed under
Section 21 of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940) may at
any time visit and inspect the premises of the license holder where any poison
is kept for sale and may inspect all poisons found therein and the registers. (1)
A license shall be granted only to a person not below the age of
21 years and not of unsound mind, and who in the opinion of the licensing
authority is competent to conduct business in poisons and necessary training
should be provided to the licensee to deal with the substance in question. The
licensing authority, besides other things, will consider:- (a)
Conviction in any offence involving violence or moral turpitude
and sentenced for a term of more than six months at any time during a period of
last five years; (b)
Execution of a bond under Chapter VIII of the Code of Criminal
Procedure, 1973 (2 of 1974) for keeping peace or for good behavior during last
five years; (c)
Cancellation of an earlier license of the applicant, under this
Act any time during last five years and (d)
Report of local police regarding character/antecedents of the
applicant. (2)
The license issued to a firm or company shall always be in the
name of the Proprietor or Proprietors of the company or a responsible person to
be nominated by such proprietor or proprietors for the purpose, or in the case
of a public company, in the name of its manager. (3)
The name or names so given may be altered or amended by the
Licensing Authority on a written application from the firm or company and such
application shall bear a court fee stamp of one hundred rupees. The firm or the
company specifies the specific reasons in the application for such
alteration/amendment. (1)
Every sale of poison, shall, as far as practicable, be made by the
license-holder in person or where the license-holder is a firm or a company,
through or under supervision of, an accredited representative or such firm or
company. (2)
A person holding license for possession and sale of poisons
granted under these rules shall store and sell from the premises specified in
the license. (3)
The quantity of acid to be sold shall be determined by
notification issued from time to time. (4)
The contravention of any rule regarding sale or possession for
sale shall be punishable in terms of provisions laid down under Section 4 (2)
of the Poisons Act, 1919. A license holder shall not sell
any poison to any person, unless the latter is personally known to him, or
identified to his satisfaction by producing a photo identity card which has his
address or substantiate it with a document giving his address and the same
shall be retained for record. He shall also ascertain before selling any
poison, the name, telephone and address of the purchaser and the purpose for
which the poison is purchased. He shall not sell any poison to any person who
appears to him to be under the age of 18 years, or to any person who does not
appear to him to be in full possession of his faculties. (1)
Every license holder shall maintain a register in which he shall
enter correctly all sales of poison other than those used by a Chemist,
Druggist or Compounder dispensing or compounding in compliance with the
prescription of a qualified medical or veterinary practitioner. The following
details shall be entered in such register in respect of such sale, namely: a)
Serial No.; (b) Name of poison (c) Quantity Sold, (D) Date of sale (e) Name and
address of the purchaser, Serial number of the Photo-identity card produced and
the name of the issuing authority (f) Purposes for which the poison was stated
by the purchaser to be required, (g) Signature of purchaser (or thumb
impression, if illiterate), or in the case of purchase by post date on which
the letter was written and reference to the original in the file in which it is
preserved, (h) Signature of a person identifying the purchaser if any(or thumb
impression, if illiterate); and (i) Signature of Dealer. (2)
In a separate portion of the register he shall enter in separate
columns for each poison, the quantity of each poison sold daily, and those
entries shall be filled up from day to day. (3)
The signature in the register prescribed under sub rule (1) of
Rule 15 shall be that of the license-holder himself, or when the license holder
is a firm or company, that of an accredited representative of such firm or
company and shall be written at the time of sale or dispatch to the purchaser.
Such signature shall be held to imply that the signatory had satisfied himself
that the requirements of rule 14 have been fulfilled. (4)
All letters or written orders referred to under item (g) of the
above register shall be preserved in original by the license holder for a
period not less than two years from the date of the sale. (5)
The daily balance of sk should be entered in the register. All poisons kept for sale under
these Rules by any license holder shall be kept securely in a box, almirah,
room or building (according to the quantity maintained) which shall be secured
by lock and key and in which no substance shall be placed other than poisons
possessed in accordance with a license granted under the Act, and each poison
shall be kept securely within such box, almirah, room or building in a separate
closed receptacle of glass, metal or earthenware. Every such box, almirah, room
or building and every such receptacle shall be marked with the word
"POISON" in red letters, both in English and in the local language
and in the case if receptacles containing separate poison, with name of such
poison. When any poison is sold, it shall
be securely packed in a closed receptacle or container (according to the
quantity), and every such receptacle or packet shall be labeled by the licensee
with a red label bearing in English and in local language giving the name of
the poison and the name and address of the licensee. The following universal warning
symbols shall also be displayed on the receptacle. A standard operating procedure
(SOP) outlining the measures undertaken for security, storage and incident
management of poisons (acids/corrosive) substances as outlined above has been
prepared separately at schedule C and it should be displayed prominently in the
premises of the user. (1)
An appeal against an order of the licensing authority refusing to
grant or renew a license or suspending or revoking a license or varying the
condition of a license shall lie with the Lt. Governor of NCT of Delhi. (2)
Every appeal referred to in sub-rule (1) shall be preferred in
accordance with the provisions of the Act and shall be presented within thirty
days of the date of communication of such order. (3)
Every appeal shall be accompanied by a court fee stamp of five
hundred rupees. (1)
The Delhi Poison Rules, 1926 and the Delhi Poison (Amended) Rules,
1973 are hereby repealed. (2)
Notwithstanding such repeal (a)
all licenses, permits or duplicates thereof granted or renewed
under the said Rules and all fee imposed or levied shall be deemed to have been
granted, renewed, imposed or levied, as the case may be, under the
corresponding provisions of these Rules; (b)
all approvals given and all powers conferred by or under any
notification or Rule shall, so far as they are consistent with the provisions
of the Act and these rules, be deemed to have been given or conferred by under
the Act or these rules. (See Rule 2 and 3) List of
Poisons (Corrosives) (1)
Acetic acid (beyond 25% concentration by weight) (2)
Acetic Anhydride (3)
Sulphuric acid(H2SO4)(beyond 5% concentration by weight) (4)
Hydrochloric acid (HCl)(beyond 5% concentration by weight) (5)
Phosphoric acid (H3PO4) (6)
Hydrofluoric acid (HF) (7)
Perchloric acid (HClO4) (8)
Formic acid (beyond 10% concentration by weight) (9)
Hydrocyanic acid except substances containing less than 0.1 per cent
weight in weight of hydrocyanic acid. (10)
Hydrochloric acid, except substances containing less than 5 per
cent weight in weight of Hydrochloric Acid. (11)
Nitric acid, except substances containing less than 5 per cent
weight in weight of Nitric Acid. (12)
Oxalic Acid (13)
Perchloride of mercury (corrosive sublimate) (14)
Potassium Hydroxide except substances containing less than 2 per
cent weight in weight of Potassium Hydroxide. (15)
Sodium Hydroxide except substances containing less than 2 per cent
weight in weight of Sodium Hydroxide. (16)
Hydrogen peroxide (beyond 50% concentration by weight) (17)
Formaldehyde (beyond 25% concentration by weight) (18)
Phenol (beyond 3% concentration by weight) (19)
Sodium Hypochlorite Solution (beyond 5% concentration by weight) POISONS UNDER THE DELHI POISONS
Possession and sale RULES, 2015 NAME OF THE POISON:-
(i)
Aconite
(ii)
Nux Vomica
(iii)
Perchyloride of Mercury-Corrosive Sub-Limate (Darchikna)
(iv)
Mercurous Chloride-Calomel(Ruskapur)
(v)
Cyanide of Potash.
(vi)
Stramonium (Dhature).
(vii)
White Arsenic (Sankhiyua-Sankhiya Safaid).
(viii)
Yellow Red or brown arsenic (Sankhiya surkh or Mansil).
(ix)
Black arsenic (Kala Sankhiya or Sabkhiya Siyah)
(x)
Parapheny lenediamin.
(xi)
Tetra ethyle lead (ethyl fluid) except as provided in XVI.
(xii)
Rough on Rats.
(xiii)
Sodium Cyanide.
(xiv)
Insecticides (a)
Parathion (b)
Tetraethyl Pyrophosphate (c)
Diazol.
(xv)
Rodenticides (a)
Alpha naphthyle-Thiourea
(xvi)
Fungicides (a)
Ethoxy Ethyl Mercury Chloride. (b)
Ethyl Mercury Phosphate. (c)
Phenyl Mercuric Acetate and Phenyl mercuric Chloride excepting
substances containing less than the equivalent of 0.2 percent, weight in weight
of Mercury (Hg.) (d)
Ethyl Mercury Chloride (e)
Phenyl Mercury Urea
(xvii)
Fumigents (a)
Methyl Bromide (b)
Cyanide Viz., the followings:- (i)
Liquid, Hydrocyanic Acid. (ii)
Potassium Cyanide (iii)
Sodium Cyanide. (iv)
Calcium Cyanide,
(xviii)
Preparations.
(xix)
All preparations containing any or the aforesaid poisons.
(xx)
Chlorodinitre Benzenes (Dinitrechlore Benzene)
(xxi)
Dinitrobenzene (e.g. Metadionitrobenxene)
(xxii)
Choloro-Orthqe Toluidina
(xxiii)
Pesticides (a)
Endrine (b)
Metasystox (c)
Systox (d)
Thimet (e)
Zinc Phoshide (f)
Hetp (g)
Diuzinon (h)
Dieldrin (i)
Heptaachler
(xxiv)
Miscellaneous:- (a)
Methyl Alcohol (b)
The substance commonly known as thinner containing spirit and
other soluble material such as shellac in which the percentage of such soluble
material does not exceed 30.DELHI POISONS POSSESSION AND SALE RULES,
2015
PREAMBLE