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GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O. Ms. No. 43, dated 17th September 2013)

ORDER

The Hon’ble Supreme Court of India in the Order, dated 18-7-2013 in

W.P. (Cr.) No. 129 of 2006 Laxmi Vs. Union of India and Ors. relating to acid attack

victims has inter alia directed the following:-

(i) The States and Union Territories which have not yet framed rules

regulating the sale of acid and other corrosive substance are to frame rules

in line with model rules framed by the Central Government within 3 months

from the receipt of the draft model rules from the Central Government. Central

Government will circulate the model rules within a week from 18-7-2013;

(ii) The Central and States/Union Territories were directed to make the

offences under the Poisons Act, 1919 as cognizable and non-bailable;

(iii) Until the above rules are framed and made operational, the Chief

Secretaries of States/Union Territories shall ensure the compliance of

directions with immediate effect;

(iv) Educational Institutions, Government Departments, Laboratories,

Hospitals, etc., which are required to keep and store acid to follow the

guidelines.

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No.

63

Poudouchéry

Vendredi

20

Septembre

2013 (29 Bhadra 1935)

No.

Puducherry

Friday

20th

September

2013

802

LA GAZETTE DE L’ETAT

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online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-9

2. In compliance to the above directions of the Hon’ble Supreme Court

of India in the above case, the directions as found in the said order of the Supreme

Court as mentioned below shall be strictly implemented by the District Magistrate/

Additional District Magistrate/Sub-Divisional Magistrate and all other Additional/

Assistant/Sub-Divisional Magistrates subordinate to them in the Union territory

with immediate effect:-

Directions of the Hon’ble Supreme Court of India in Order, dated 18-7-2013

in W.P. (Cr.) No. 129/2006 between Laxmi Vs. Union of India and Ors.

relating to acid attack victims

(i) Over the counter, sale of acid is completely prohibited unless the seller

maintains a log/register recording the sale of acid which will contain the details

of the person(s) to whom acid(s) is/are sold and the quantity sold. The log/register

shall contain the address of the person to whom it is sold.

(ii) All sellers shall sell acid only after the buyer has shown–

(a) a photo ID issued by the Government which also has the address

of the person.

(b) specifies the reason/purpose for procuring acid.

(iii) All stocks of acid must be declared by the seller with the concerned

Sub-Divisional Magistrate (SDM) within 15 days.

(iv) No acid shall be sold to any person who is below 18 years of age.

(v) In case of undeclared stock of acid, it will be open to the concerned

Sub-Divisional Magistrate to confiscate the stock and suitably impose fine on

such seller up to ` 50,000.

(vi) The concerned Sub-Divisional Magistrate may impose fine up to

` 50,000 on any person who commits breach of any of the above directions.

(vii) The Educational Institutions, Research Laboratories, Hospitals,

Government Departments and the Departments of Public Sector Undertakings,

who are required to keep and store acid, shall follow the following guidelines:

(a) A register of usage of acid shall be maintained and the same shal1

be filed with the Sub-Divisional Magistrate.

(b) A person shall be made accountable for possession and safe keeping

of acid in their premises.

(c) The acid shall be stored under the supervision of the person and

there shall be compulsory checking of the students/personnel leaving

the laboratories/place of storage where acid is used.

(viii) The Sub-Divisional Magistrate concerned shall implement the above

directions of the Supreme Court with full responsibility by taking appropriate action

for the breach/default/violation of any of the above directions by any person in

the Union Territory.

(By order of the Lieutenant-Governor)

PANKAJ KUMAR JHA,

Additional Secretary to Government.