In exercise of the powers conferred by Sections 2 and 8 of the Poisons
Act, 1919 (Central Act 12 of 1919) and in supersession of all rules on the
subject, the Government of Karnataka hereby makes the following rules, the
draft of the same having been previously published in Notification No. GSR 975,
dated the 27th/31st May, 1966 in Part IV, Section 2-C(i) of the Karnataka
Gazette, dated the 7th June, 1966, namely.-- These rules may be called the Karnataka Poisons Rules, 1966. In these rules unless the context otherwise requires.-- (a)
"Act"
means the Poisons Act, 1919 (Central Act 12 of 1919); (b)
"Dealer"
means a person holding licence under these rules; (c)
"Form"
means a form appended to these rules; (d)
"Licensing
Authority" means the Deputy Commissioner of the District; (e)
"Poison"
means any substance specified in the Schedule to these rules; (f)
"Sale"
means any sale by one licensed dealer to another or by a licensed dealer to any
Government or recognised school or college or to any research or medical
institution or hospital or charitable dispensary under a qualified medical
practitioner (Registered Medical Practitioner) or any recognised public
institution or industrial firm requiring poisons for its own use; (g)
"Retail
sale" means any sale other than a wholesale; (h)
"Sale
by dispensing of prescriptions" means any sale under a prescription issued
by a Registered Medical Practitioner; (i)
"Schedule"
means a Schedule appended to these rules. Nothing contained in Rules 4 to 17 (both inclusive) of these rules shall
apply to the possession for sale and the sale of poisons specified in Class B
of the Schedule. No person shall sell or possess for sale any poison except under and in
accordance with a licence granted in that behalf by the licensing authority.
The licence shall be in "Form A". A copy of these rules shall always be hung in a prominent position at
the place of business specified in the licence granted under Rule 4. (1)
Every person
desiring for the grant or renewal of a licence shall make a written application
to the licensing authority in 'Form B'. Such application shall bear a Court fee
stamp of one rupee and fifty paise provided that an application for renewal of
a licence which is made less than one month prior to the date of the expiry of
the licence shall bear a Court fee stamp of two rupees. (2)
Applications
for duplicate licences, when the original is lost or destroyed, shall be made
in writing and shall bear a Court fee stamp of three rupees. (3)
In the case
of any change in the place of business of the licensee, a fresh application for
licence shall be made to the licensing authority and such application shall
bear a Court stamp of one rupee and fifty paise. (4)
The licensee
shall prominently display the licence in the place of business. Subject to the provisions of Rules 8 and 9, a licence granted or renewed
under these rules shall remain in force for one year from 1st January or, if it
is granted later than the 1st January, for the remaining period of the calendar
year of issue. A licence may be cancelled or revoked at any time. The grant, renewal,
cancellation or revocation of a licence shall be in the discretion of the
licensing authority whose decision shall be final: 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
licence or for cancelling or revoking a licence. A licence shall terminate on the death of the licence-holder, or on the
transfer of his business, or if granted to a firm or company, on the 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 or the
firm or company is transferred as a going concern and the transferee applies
for a fresh licence, with a Court fee stamp of one rupee and fifty paise,
within fourteen days of the date of transfer, the subsisting licence shall
continue to be in force until a new licence has been granted or the application
for fresh licence is rejected by the licensing authority. In the event of revocation or cancellation of the licence under Rule 8
or in the event of the termination of the licence under Rule 9, the stock of
poison may be sold to any other licence-holder within a period of three months
from the date of such termination, revocation or cancellation of the licence,
after which the remaining poison may be destroyed under the orders of the
licensing authority. In the case referred to in Rule 9 of the proceeds of the
sale, if any, shall be made over to the legal representative of the deceased
licence-holder or his transferee or, liquidator of the dissolved firm or
company or the transferee of the firm or company, as the case may be. Any Magistrate, any Excise Officer of and above the rank of Inspector,
any Police Officer of and above the rank of Sub-Inspector, any Revenue Officer
of and above and rank of Tahsildar or any Officer of the Public Health Department
of and above the rank of Health Inspector or Sanitary Inspector, or Officials
of the Agriculture Department, authorised by the Director of Agriculture may at
any time visit and inspect the premises of the licence-holder, a dispensing
Chemist or Druggist where poison is kept for sale and may inspect all poisons
found therein and the registers. The licensee shall give all facilities to such
officer to inspect poisons and registers. (1)
A licence
shall be granted only to a person who in the opinion of the licensing authority
is competent to conduct business in poisons. (2)
The licence
issued to a firm or company shall always be in the name of the proprietor or
proprietors of the company or of 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 rupee and fifty paise. Every sale of poisons shall, as far as practicable, be made by the
licence-holder in person or where the licence-holder is a firm or a company, through,
or under the supervision of, an accredited representative of such firm or
company. A licence-holder shall not sell any poison to any person, unless the
latter is personally known to him, or identified to his satisfaction. He shall
also ascertain before selling any poison robe name 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 eighteen years, or to
any person who does not appear to him to be in full possession of his
faculties, or to any wandering mendicant. In the case of a person requiring
poison for agricultural purposes, a certificate issued by the Patel of the
Village or Chairman of the Village Panchayat or Village Level Worker concerned
to the effect that such a person is in need of the poison for agricultural
purposes shall be sufficient proof of the bona fide requirement of the poison
for such purposes. (1)
Every
licence-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; (f) Purposes for which the poison was stated by the purchaser
to be required; (g) Signature of purchaser (or thumb impress on or, in the case
of purchase by post, date of letter or written if illiterate) or, in the case
of purchase by post, date of letter or written orders and reference to the
original in the file in which it is preserved; (h) Signature of person
identifying the purchaser if any (or thumb impression it illiterate); and (i)
signature of vendor. (2)
In a
separate portion of the register shall be entered 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 item (i) of sub-rule (1) shall be
that of the licence-holder himself, or, when the licence-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 despatch 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 licence-holder for a period not less than two
years from the date of the sale. (1)
A
licence-holder shall maintain in respect of each poison a stock register which
shall contain the following details, namely.-- (a)
Serial No.,
(b) date, (c) quantity received, (d) name and address of person from whom
received, (e) quantity sold, (f) balance in stock, and (g) remarks. (2)
Poisons
issued from stock to the dispensary on any day for retail sale and for
dispensing of prescriptions shall be entered as one item in the issue side of
the register with a note to that effect. (3)
The daily
balance of stock should be entered in the register. Every dispensing Chemist or Druggist licensed to sell poisons by
dispensing prescription shall, in respect of poisons sold by him maintain
prescription register in which he shall enter the following details.-- (a)
serial
number; (b)
date; (c)
copy of
prescription; (d)
name and
address of person prescribing; (e)
name and
quantity of poison used; (f)
name,
father's name and residence of the purchaser; (g)
if purchaser
is not known to vendor, signature or thumb impression of the person to whom the
medicine is delivered; and (h)
remarks. All poisons kept for sale under these rules by any licence-holder shall
be kept 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 licence
granted under the Act; and each poison shall be kept 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 vernacular of the district and in the case of receptacles containing
separate poisons, with name of such poison. When any poison is sold, it shall be securely packed in a closed
receptacle or packet (according to the quantity); and every such receptacle or
packet shall be labelled by the Vendor with a red label bearing in English and
in the Vernacular of the district showing the following particulars.-- (i) ???the
word 'poison' must be shown prominently at the top of the labels; (ii) ??the
name of the poison; (iii) ??the
name of the vendor; and (iv)? ?the address of the shop at which the poison is
sold. A licence-holder shall not sell transparent arsenic (in which category are
included arsenious acid and the arsenites, arsenic acid and the arsenates and
all other colourless dry poisonous preparations of arsenic) to any person,
unless the same is, before the sale thereof, mixed with soot, indigo, or
prussion blue in the proportion of not less than half an ounce of soot, indigo
or prussion blue to one pound of transparent arsenic: Provided that, where such arsenic is stated by the purchaser to be
required for any purpose for which such admixture would, according to the
representation of the purchaser, render it unfit, such arsenic may be sold
without any admixture in a quantity of not less than ten pounds at any one
time, or with previous permission in writing of the Deputy Commissioner or in
the City of Bangalore of the Commissioner of Police in quantities of less than
ten pounds. A licence-holder shall not sell per-chloride or mercury to any person,
unless the same is before the sale thereof, is mixed with methylene blue or
carmine in the proportion of not less than ten grains of methylene blue or
carmine to twenty ounces of mercury perchloride. A licence-holder shall not sell any tetraethyl lead, unless the same is,
before the sale thereof, mixed with petrol so that the amount of tetraethyl
lead in the admixture shall not exceed 1 part in 1,300 parts by volume or about
1 part in 650 parts by weight: Provided that.-- (1)
where
tetraethyl lead is stated by the purchaser to be required for any purpose for
which such admixture would, according to the representation of the purchaser,
render it unfit, tetraethyl lead may be sold without such admixture with the
previous permission in writing of the licensing authority; (2)
cans and
pumps containing petrol with an admixture of tetraethyl lead shall be labelled
to indicate the presence of tetraethyl lead in the petrol and to warn the user
to avoid spillage and not to use the petrol except as a motor fuel. Such petrol
shall also be dyed as an additional check against its use otherwise than as a
motor fuel. The amount of tetraethyl lead in such petrol shall not exceed 1
part in 1,300 by volume or about 1 part in 650 parts by weight; (3)
Nothing
contained in these rules shall apply to an admixture of petrol and tetraethyl
lead in which the amount of tetraethyl lead does not exceed 1 part in 1,300
parts by volume or about 1 part in 650 parts by weight. All patent and proprietary medicines containing any poison and all
medicinal preparations and admixture served by a qualified compounder on
prescriptions supplied by registered medical practitioners are exempted from
the operation of these rules provided that all patent and proprietary medicines
shall bear a lable with the word 'Poison' in small red letters, the name of the
poison and the quantity of poison present does, fluid ounce, tablet or
receptacle of such medicines. [2] [SCHEDULE [See Rule 2(c)] List of Poisons 1.
Abrus
Precatorious, seeds of (Gung or Rati) 2.
Aconits 3.
Alpha,
naphthylthiorea 4.
Amiton 5.
Ammonia,
except substances containing less than 5 per cent weight in weight of ammonia
and except when contained in smelling salts 6.
Antimony,
compounds of antimony, both organic and inorganic 7.
Arsenic:
arsenic transparent, arsenic yellow, red arsenic; arsenic sulphide, copper arsenite
(Schedules Green); copper acetoar senits copper (Paris Green); calcium
arsenite; calcium arsenate; copper arsenate; potassium arsenic; sodium
arsenate, sodium arsenite; sodium thioarsenate 8.
Belladonna
and all preparations and admixtures containing Belladonna except Belladonna
plasters and substances containing less than 15 per cent of the alkaloids of
Belladonna calculated as Hyoscyamine 9.
Cannabis
Indica 10.
Chloro-dinitrobenzene 11.
Chloroform,
except substances containing less than 10% of chloroform 12.
Chloro-nitrobenzene;
(ortho-chloronitrobenzene, meta-chloronitrobenzene; para-chloronitrobenzene) 13.
Chloro-ortho-toluidine 14.
Chrysophanic
acid 15.
Cocuulus
Indicus (Kekamari) 16.
Crecosote,
except substances containing less than 50% weight of creosote 17.
Croton, oil
and seeds of.-- 18.
Cupric
acetate (Verdigris) 19.
Cyanide of
Potassium 20.
Datura,
seeds and leaves of (Strammonium); all preparations and admixtures containing
Datura except substances containing less than 0.15 per cent of the alkaloids of
Datura calculated as hycacyamine 21.
Digitalis
folia 22.
Dinitrobenzene 23.
Dinitrocresols,
their compounds with a metal or base 24.
Dinitronaphthols,
dinitrophenols, substituted dinitrophenols and dinitrothymols 25.
Dinitrotoluenes 26.
Dinosam; its
compounds with a metal or a base 27.
Ergot (the
sclerotica of any species of clavicaps) 28.
Formaldehyde,
except substances containing less than 5% weight in weight of formaldehyde 29.
Formic Acid 30.
Hydrocyanic
acid, except substances containing less than 5 per cent weight in weight of
Hydrocyanic acid 31.
Hydrochloric
acid except substance containing less than 9 per cent weight in weight of
Hydrochloric acid. 32.
Hydrochloric
acid, potassium fluoride, sodium fluoride, sodium silicofluoride 33.
Hyoscyamus
(Henbane or Khurasani Aivavan leaves) 34.
Lead
Acetates; compounds of lead with acids from fixed oil 35.
Marking Nut
(Fruit of Semicarpus anacardium also known as Bhilaga) 36.
Mercury 37.
Mercury
ammonium chloride 38.
Mercuric
chloride, except substances containing less than 1 per cent weight in weight of
mercuric chloride 39.
Mercuric
iodide, except substances containing less than 2 per cent weight in weight of
mercuric iodide 40.
Mercuric
Nitrate 41.
Mercury,
Organic compounds of except substances containing less than the equivalent of
0.20 per cent weight in weight of Mercury (Hg) Mercury, Oxides of mercury
oxycyanide 42.
Mercuric
Potassium Iodide except substances containing less than the equivalent of 1 per
cent weight in weight of Mercuric Iodide 43.
Mercuric
Sulphocyanide 44.
Methanol 45.
Nitric acid,
except substances containing less than 9 per cent weight in weight of Nitric
acids 46.
Nitrobenzene 47.
Nitrophenols
(ortho, meta or para) 48.
Nux Vomica,
seeds of; 49.
Preparations
of admixture containing Nux Vomica, except substance containing less than 0.2
per cent weight in weight of the alkaloides of Nux Vomica 50.
Opium; all
preparations and admixtures containing opium except substances containing less
than 0.2 per cent of morphine calculated as anhydrous morphine 51.
Oxalic acid;
sodium oxalate; potassium oxalate; ammonium oxalate and other metallic oxalates 52.
Phenols (any
member of the series of phenols of which the first member is phenol and of
which the molecular composition varies from member to member by one atom of
carbon and two atoms of Hydrogen) except substances containing less than 50 per
cent weight in weight of phenol; compounds of phenol with a metal except
substances containing less than the equivalent of 60 per cent weight in weight
of phenol 53.
Phenylene
diamines, toluene diamines, other almalatid benzene diamines, their salts 54.
Phosphorus
Yellow 55.
Phosphorus 56.
Poppy, all
preparations of, except red poppy petals 57.
Potassium
Hydroxide, except substances containing less than 12 per cent weight in weight
of potassium hydroxide 58.
Red lead
(lead oxide red) 59.
Sodium
Hydroxide, except substances containing less than 12 per cent weight in weight
of sodium hydroxide 60.
Sodium
Nitrate 61.
Starammonium 62.
Strychnine
and its salts, except substance containing less than 0.2 per cent weight in
weight of strychnine 63.
Sulphuric
acid, except substances containing less than 1% weight in weight of Sulphuric
acid 64.
Tartar
emetic; except preparations containing less than 1 per cent of tartar emetic 65.
Tetraethyl
lead 66.
Thallium,
salts of 67.
White Lead
(Lead Carbonate) 68.
Zinc
Chloride 69.
Janger. Note.--Preparations containing any of the above poisons are also covered
by this list.][1]THE KARNATAKA POISONS RULES, 1966
PREAMBLE