POISONS ACT, 1919 (KERALA AMENDMENT)

Section 1 - Short title and extent

(1)     This Act may be called the Poisons Act, 1919.

[1] [(2) It extends to the whole of India [2] [***]:

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison.]

[STATE AMENDMENTS

[Kerala

[3] [In Section 1

The following sub-section shall be substituted, namely:

"(2) It extends to the whole of India:

Provided that it shall not apply to the State of Jammu and Kashmir except to the extent to which the provisions of this Act relate to the importation into India of any specified poison".]]]

Section 3 - Power to prohibit importation into the States of any poison except under licence

The Central Government may, by notification in the Official Gazette, prohibit, except under and in accordance with the conditions of a licence, the importation into[4] [India] {Ins.by the A.O.1937}[across any customs frontier {For definition of the customs frontiers of India, see Gazette of India, 1955, Pt.II, Sec.3, P.1521} defined by the Central Government] of any specified poison, and may by rule regulate the grant of licences.

[STATE AMENDMENTS

[Kerala

[5] [In Section 3

The words "the States", the word "India" shall be substituted.]]]

 

Section 6 - Penalty for unlawful importation, etc

(1)     Whoever-

(a)      commits a breach of any rule made under section 2, or

(b)      imports {The words "into British India" rep.ibid}without a licence {Ins.by the A.O.1937} [into[6] [India] across a customs frontier{For definition of the customs frontiers of India, see Gazette of India, 1955, Pt.II, Sec.3, p.1521}defined by the Central Government] any poison the importation of which is for the time being restricted under section 3, or

(c)      breaks any condition of a licence for the importation of any poison granted to him under section 3, shall be punishable,-

(i) ???on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and

(ii) ??on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(2)     Any poison in respect of which an offence has been committed under this section, together with the vessels, packages or coverings in which the same is found, shall be liable to confiscation.

[STATE AMENDMENTS

[Kerala

[7] [In Section 6

The words "the States", the word "India" shall be substituted.]]]