[Act No. 05
of 1952] [20th
February, 1952] An Act to provide uniform
legislation to regulate the importation, possession and sale of poisons
throughout Madhya Bharat. Be it enacted as follows:- (1)
This Act may be called "The
Madhya Bharat Poisons Act, Samvat 2008". (2)
It extends to the whole of
Madhya Bharat. (3)
It shall come into force on such
date as may be notified by Government in this behalf. (1)
The Government may by rule
regulate within the whole or any part of the territories under its
administration the possession for sale and the sale, whether wholesale or
retail of any specified poison. (2)
In particular, and without
prejudice to the generality of the foregoing power, such rules may provide for- (a)
the grant of licenses to possess
any specified poison for sale, wholesale or retail, and the fixing of the fee
(if any) to be charged for such licenses; (b)
the classes of persons to whom
alone such licenses 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 labeling 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. Government may by notification
in the Government Gazette prohibit, except under and in accordance with the
conditions of a license, the importation into Madhya Bharat of any specified
poison and may by rule regulate] the grant of licenses. (1)
Government may by rule regulate
the possession of any specified poison in any local area in which the use of
such poison for the purpose of committing murder or mischief by poisoning
cattle appears to it to be of such frequent occurrence as to render restrictions
on the possession thereof desirable. (2)
In making any rule under
sub-section (1) Government may direct that any breach thereof shall be
punishable with imprisonment for a term which may extend to one year, or with
fine which may extend to one thousand rupees, or with both, together with
confiscation of the poison in respect of which the breach his been committed,
and of the vessels, packages or coverings in which the same is found. Any substance specified as a
poison in a pile made or notification issued under this Act shall be deemed to
be a poison for the purposes of this Act. (1)
Whoever- (a)
commits a breach of any rule
made under section 2; or (b)
imports without a license into
Madhya Bharat any poison the importation of which is for the time being
restricted tinder section 3; or (c)
breaks any condition of a
license 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. (1)
The District Magistrate or the
Sub-divisional Magistrate may issue a warrant for the search of airy place in
which he has reason to believe or to suspect that any poison is possessed or
sold in contravention of this Act or any rule thereunder, or that any poison
liable to confiscation under this Act is kept or concealed. (2)
The person to whom the warrant
is directed may enter and search the place in accordance therewith, and the
provisions of the Indian Code of Criminal Procedure, 1898, relating to search
warrant shall, as far as may be, be deemed to apply to the execution of the
warrant. (1)
In addition to any other power
to make rules hereinbefore conferred Government, may make rules generally to
carry out the purposes and objects of this Act. (2)
Every power to make rules
conferred by this Act shall be subject to the condition of the rules being made
after previous publication. (3)
All rules made under this Act
shall be published, in the, Government Gazette and on such publication shall
have effect as if enacted under this Act. (1)
Thu cultivation, manufacture
sale for export from the shall be exempted from the operation of the provisions
of this Act. (2)
Nothing in this; Act, or in any
license granted or rule made thereunder shall, extend to or interfere with,
anything done in good faith in the exercise of his profession as such by a
medical or veterinary practitioner. (3)
Notwithstanding anything
hereinbefore contained, Government may by general or special order declare that
all or any of the provisions of this Act shall be deemed not to apply to any
article or class of articles of commerce specified in such order, or to any
poison or class of poisons used for any purpose so specified. (4)
The authority on which any power
to make rules under this Act is conferred may, by general or special order,
either wholly or partially- (a)
exempt from the operation of any
such rules, or (b)
exclude from the scope of the
exemption provided by sub-section (1) any person
or class of persons either generally or in respect of any poisons specified in
the order. As soon as this Act comes into
force the Indore Poisons Act No. Ill of 1932 and all other Laws, Circulars or
Notifications regulating the importation, possession and sale of poisons for
the time being in force in any part of Madhya, Bharat, shall stand repealed: Provided that all orders or
sentences passed and actions taken under them shall be deemed to have been
passed or taken, as the case may be, under this Act.THE MADHYA
BHARAT POISONS ACT, 1952
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