S.1 Short title and extent

       (1) This Act may be called the Poisons Act, 1919.
       1[(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].
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        1. Subs. by Act 47 of 1958, sec. 2, for sub-section (2).
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S.2 Power of the State Government to regulate possession for sale and sale of any poison

       (1) 1[***] The State 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.
       (a) the grant of licences to possess any specified poison for sale, wholesale or retail, and fixing of the fee (if any) to 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

S.3 Power to prohibit importation into India 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 1[India] 2[across any customs frontier defined by the Central Government] of any specified poison and, may by rule regulate the grant of licences.
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        1. Subs. by Act 47 of 1958, sec. 3, for “the States”.
        2. Ins. by the A.O. 1937.

S.4 Power to regulate possession of any poison in certain areas

       (1) The State Government 1[***] 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), the State 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 has been committed, and of vessels, packages or covering in which the same is found.
        
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      &n

S.5 Presumption as to specified poisons

       Any substance specified as a poison in a rule made or notification issued under this Act shall be deemed to be a poison for the purposes of this Act.

S.6 Penalty for unlawful importation, etc

       (1) Whoever—
       (a) commits a breach of any rule made under section 2, or
       (b) imports 3[***] without a licence 2[into] 1[India] across a customs frontier 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 t

S.7 Power to issue search-warrants

       (1) The District Magistrate, the Sub-divisional Magistrate and, in a Presidency-town, the Commissioner of Police, may issue a warrant for the search of any 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 Code of Criminal Procedure, 1898 (5 of 1898), relating to search-warrants shall, as far as may be, be deemed to apply to the execution of the warrant.

S.8 Rules

       (1) In addition to any other power to make rules hereinbefore conferred 1[***] the State Government may make rules generally to carry out the purposes and objects of the Act 2[except section 3].
       (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 by the Central Government or by the State Government under this Act shall be published in the 3[Official Gazette] and on such publication shall have effect as if enacted in this Act.
       4[(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successi

S.9 Savings

       (1) Nothing in this Act or in any licence 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.
       (2) Notwithstanding anything hereinbefore contained, the State Government may 1[***] by general or special order declare that all or any of the provisions of this Act 2[except section 3] 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.
       (3) 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
   &nbs

S.10 Repeal of Act 1 of 1904

       [Repealed by the Repealing Act, 1927 (12 of 1927).]