RAJASTHAN POISONS ACT, 1955

Act No. 02 of 1956

14th February, 1956

An Act to regulate the possession and sale of poisons. Whereas in the interests of the general public and in order to prevent danger to human life and safeguard the health of the community, it is necessary to regulate the possession and sale of poisons; It is hereby enacted by the State Legislature of Rajasthan in the Sixth Year of the Republic of India as follows:--

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S.1 Short title, extent and commencement

(1) This Act may be called the Rajasthan Poisons Act, 1955.

(2) It extends to the whole of the State of Rajasthan.

(3) It shall come into force on its publication in the Official Gazette.

Substituted by section 4 of the Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV--A, Extraordinary, dated 13-8-1957.

This Act extends to the whole of the State of Rajasthan including the Abu, Ajmer and Sunel areas with effect from 1-9-1957 i.e. the date of the enforcement of the Rajasthan Act No. 27 of 1957.

Substituted and omitted vide item (41) of the schedule, ibid.

S.2 [Omitted]

x x x

Substituted and omitted vide item (41) of the schedule, ibid.

S.3 Power of State Government to regulate possession for sale and sale of any poison

(1) Subject to the provisions of sub-sections (2) and (3) of section 5, the State Government may, by rules, regulate 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 sale;
(f) the safe custody of such poisons and the labelling of the vessels, packa

S.4 Power to regulate possession of specified poison in certain area

Subject to the provisions of sub-sections (2) and (3) of section 5, the State 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 restriction on the possession thereof desirable.

S.5 Rules

(1) In addition to any other power to make rules hereinbefore conferred, the State Government may by notification in the Official Gazette 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 laid for not less than fourteen days before the State Legislature, as soon as possible after they are made, and shall be subject to such modifications, if any, as the State Legislature may make during the session in which they are so laid.

Substituted by section 4 of the Rajasthan Act No. 27 of 1957, published in Rajasthan Gazette, Part IV-A, Extraordinary, dated 13-8-57.

S.6 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.7 Penalty for breach of rules

(1) Whoever commits a breach of any rule made under this Act 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.

S.8 Power to issue search warrants.--

(2) The District Magistrate and the Sub-Divisional Magistrate 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 (V of 1898) relating to search warrant shall, as far as may be, deemed to apply to the execution of the warrant.

S.9 Savings.--

(1) Nothing in this Act or 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, 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 used for any purpose so specified.

(3) The State Government may, by general or special order, for reasons to be recorded, either wholly or partially:--

(a) exempt from the operation of any rules made under this Act, 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 poison specified in the order.

S.10 [Omitted]