[ 145 ]

GOVERNMENT OF PUDUCHERRY

HEALTH SECRETARIAT

(G.O. Ms. No. 31, dated 23rd May 2014)

NOTIFICATION

The draft of the following rules, which the Lieutenant-Governor,

Puducherry proposes to make in exercise of the powers conferred in

sections 2 and 8 of the Poisons Act, 1919, and in supersession of the

Pondicherry Poisons Rules, 1971 published in Extraordinary Gazette No. 93,

dated 26-8-1971, is hereby published for information of members of the

public and notice is hereby given that the said draft rules will be taken

into consideration on the expiry of 45 days from the date of publication

of this notification in the official gazette.

Registered with the Registrar

of Newspapers for India under

No. M. 8270

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No. 15 Poudouchéry

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2014

No.

Puducherry

Tuesday

27th

May

2014

( 6 Jyaistha 1936)

Registered No.

SSP/PY/44/2012-14

WPP No. TN/PMG(CCR)/

WPP-88/2012-14

Dated : 27-5-2014

Price : ` 7-00

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[PART–II

Any objection or suggestion which may be received from any

person by the Government of Puducherry in respect of the said draft

rules within the period specified above will be considered by the

Government. The objection or suggestion should be addressed to the

Secretary to Government (Health), Chief Secretariat, Goubert Avenue,

Puducherry.

DRAFT RULES

1. Short title and commencement.— (1) These rules may be called

the Puducherry Poisons Possession and Sales Rules, 2014.

(2) They shall extend to the whole of the Union territory of

Puducherry.

(3) They shall come into force from the date of its publication

in the official gazette.

2. Definitions.— In these rules, unless the context otherwise

requires,—

(a) “Act” means the Poisons Act, 1919;

(b) “Dealer” means a person holding licence under these rules;

(d) “Government” means the Administrator appointed under

Article 239 of the Constitution;

(e) “Licensing Authority” means the District Magistrate or any

other officer authorised by the Government for the purpose of grant

of licence;

(f) “Licensee” means a holder of a licence;

(g) “Notification” means a notification published in the official

gazette of Puducherry;

(h) “Poison” means any substance specified in the Schedule

appended to these rules;

(i) “Schedule” means the Schedule appended to these rules;

(j) “Sale” means any sale by one licensed dealer to another or

by a licensed dealer to any educational institution or to any

research or medical institution or hospital or dispensary under a

qualified registered medical practitioner or any recognised public

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institution or industrial firm requiring poisons for its own use or

to Government Departments or Public Sector Undertakings or to

an individual for personal use.

3. The substances specified in the Schedule appended to these

rules shall be deemed to be poisons for the purposes of the Act and

these rules.

4. Licence for possession or sale.— No person, not exempted

under the provisions of the Act, shall sell or possess for sale, any

poisons as specified in the Schedule except under a licence in Form-A

granted or renewed in that behalf by the Licensing Authority.

5. Exhibition of rules on the premises.— A copy of these rules

shall always be displayed in a prominent place of business as specified

in the licence granted under rule 4.

6. Application for grant or renewal of licence.— (1) Every person

desiring for the grant of licence or renewal of a licence shall make a

written application to the Licensing Authority in Form-B and such

application shall bear a court fee stamp of hundred rupees, provided

that any application for renewal of a licence which is made less than

three months prior to the date of the expiry of the licence shall bear a

court fee stamp of five hundred rupees.

(2) Application for duplicate licence, when the original is lost

or destroyed shall be made in writing and shall bear a court fee stamp

of five hundred 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 fee stamp of five

hundred rupees.

(4) The licensee shall prominently display the licence in the

place of business.

(5) Every licensee who got licence, before these rules came into

force, for possession and sale of poisons, shall, within three months

from the date of these rules coming into force, apply for licence

according to the provisions of these rules.

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[PART–II

7. Duration of licence.— Subject to the provisions of rules 8 and 9,

a licence granted or renewed under these rules shall remain in force for

five years from the date of issue.

8. Discretion of Licensing Authority.— A licence may be cancelled

or revoked at any time. The grant/renewal/ cancellation/revocation of a

licence shall be in the discretion of the Licensing Authority:

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:

Provided further that the applicant for a licence or a licensee

whose licence has been refused renewal or has been cancelled/revoked

and is aggrieved by an order of the Licensing Authority can file an

appeal with the appellate authority notified by the State Government.

9. Termination of 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 court fee stamp of hundred

rupees, 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.

10. Disposal of stock on termination, revocation or cancellation

of licence.— In the event of revocation or cancellation of the licence

under rule 8 or in the event of the termination of licence under rule 9,

the stock of poisons 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, the proceeds of the sale, if any, shall be made over

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to the legal representative of the deceased licence-holder or his

transferee or, liquidator of the dissolved firm or company of the

transferee of the firm or company, as the case may be.

11. Power to inspect poisons and registers.— (1) Any Executive

Magistrate or a Police Officer of the rank of Sub-Inspector and above

or a Medical Officer authorised by the State Government for the purpose

or an Inspector appointed under section 21 of the Drugs and Cosmetics

Act, 1940 (Central Act 23 of 1940) may, at any time, visit and inspect

the premises of the licence-holder where the poisons are kept for sale

and may inspect all poisons found therein and the registers.

(2) Any undeclared stock of poisons found in the licensed

premises or stored in any other place shall be confiscated by the officers

mentioned in sub-rule (1) and apart from the penalty provided in

rule 19, an immediate fine up to ` 50,000 may be imposed by the

Subdivisional Magistrate on the licensee or any other person who had

such an undeclared stocks of poisons.

12. License to whom granted.— (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 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 hundred rupees.

13. Sale of poison.— (1) 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 supervision of,

an accredited representative or such firm or company.

(2) A person holding licence for possession and sale of poisons

granted under these rules shall store and sell from the premises specified

in the licence.

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[PART–II

14. Persons to whom poisons may be sold.— A licence-holder shall

not sell any poison to any person, unless the latter is personally known

to him, or identified to his satisfaction by producing a photo identity

card which has his address or substantiate it with a document giving

his address. He shall also ascertain before selling any poison the name,

telephone number 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 position of his

faculties.

15. Register of sales of poisons.— (1) Every license-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

poison, (c) Quantity sold, (d) Date of sale, (e) Name and address of the

purchaser, serial number of the photo identity card produced and the

name of the issuing authority (f) Purposes for which the poison was

required by the purchaser, (g) Signature of purchaser (or thumb-

impression, if illiterate) or in the case of purchase by post the date on

which the letter was written and reference to the original in the file in

which it is preserved, (h) Signature of a person identifying the purchaser,

if any, (or thumb-impression, if illiterate); and (i) Signature of dealer.

(2) In a separate portion of the register, he shall enter 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 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 sub-rule (1) 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.

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(5) The daily balance of stock should be entered in the register.

(6) All stocks of poisons must be declared by the licensee with

the concerned Subdivisional Magistrate each and every month without

fail.

16. Custody of poisons kept for sale and labelling of receptacles

in which they are kept.— All poisons kept for sale under these rules by

any licence-holder shall be kept securely 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 securely 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 local language and in the case of receptacles containing

separate poisons, with name of such poison.

17. Poisons sold to be securely packed and labelled.— When any

poison is sold, it shall be securely packed in a closed receptacle or

container (according to the quantity); and every such receptacle or

packet shall be labelled by the licensee with a red label bearing in English

and in local language giving the name of the poison and the name and

address of the licensee. The following universal warning symbols shall

also be displayed on the receptacle.

18. Security, storage and incident management of acids/corrosive

substancees by users (except individuals).— A standard operating

procedure (SOP) outlining the measures undertaken for security, storage

and incident management of acids/corrosive substances shall be

prepared and displayed prominently in the premises of the user.

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[PART–II

(1) Security of acid/corrosive substances

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

keeping of acid in the premises.

(b) The storage of acid/corrosive shall be under the supervision

of this person.

system to ensure more security.

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

shall be filed with the concerned Subdivisional Magistrate every

quarter.

(e) There shall be compulsory checking of the students/

personnel leaving the laboratories/place of storage where acid/

corrosive is used/stored.

(2) Storage of acids/corrosive substances

(a) The chemicals should be stored in plastic or other suitable

containers.

(b) All storage containers should be labelled to indicate the

identity of the chemicals and the hazards involved and the

precautions to be taken.

(d) The inventory of corrosive chemicals should be kept to a

minimum.

(e) Protective gloves, aprons, safety glasses and face shields

should be worn where appropriate.

(f) Acids should be diluted with care-always add acid to water,

never add water to acid.

(3) Incident management

(a) Skin contact : Quickly take off contaminated clothing,

shoes and leather goods (e.g., watchbands, belts). Quickly and

gently blot or brush away excess chemical. Immediately flush with

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lukewarm, gently flowing water for at least 30 minutes. DO NOT

INTERRUPT FLUSHING. If it can be done safely, continue

flushing during transport to hospital. Immediately call a poison

centre or doctor. Treatment is urgently required, transport to a

hospital.

(b) Eye contact : Avoid direct contact. Wear chemical

protective gloves if necessary. Quickly and gently blot or brush

chemical off the face. Immediately flush the contaminated eye(s)

with lukewarm, gently flowing water for at least 30 minutes, while

holding the eyelid(s) open. If a contact lens is present, DO NOT

delay flushing or attempt to remove the lens. Neutral saline solution

may be used as soon as it is available. DO NOT INTERRUPT

FLUSHING. If necessary, continue flushing during transport to

hospital.

occurs naturally, have victim lean forward to reduce risk of

aspiration. Have victim rinse mouth with water again. Immediately

call a poison centre or doctor. Treatment is urgently required,

transport to a hospital.

(d) Inhalation : Take precautions to ensure your own safety

before attempting rescue (e.g. wear appropriate protective

equipment). Move victim to fresh air. Keep at rest in a position

comfortable for breathing. If breathing is difficult, trained personnel

should administer emergency oxygen. DO NOT allow victim to

move about unnecessarily. Symptoms of pulmonary edema may be

delayed. Immediately call a poison centre or doctor. Treatment is

urgently required, transport to a hospital.

19. Penalties.— (1) Any person who commits a breaches of these

rules, shall be liable for punishment under section 6 of the Act.

(2) The concerned Subdivisional Magistrate may impose a fine

up to ` 50,000 on any person who commits breach of any of the above

rules, apart from the penalty provided in the sub-rule (1).

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[PART–II

SCHEDULE

[See rules 2 and 3]

Sl. No.

Name of the substance

(1)

(2)

Acetic acid (beyond 25% concentration by weight).

Acetic anhydride.

Sulphuric acid (H2 SO4) (beyond 5% concentration by weight).

Hydrochloric acid (HCl) (beyond 5% concentration by weight).

Phosphoric acid (H3 PO4).

Hydrofluoric acid (HF).

Perchloric acid (HClO4).

Formic acid (beyond 10% concentration by weight).

Hydrocyanic acid except substances containing less than

0.1 per cent. weight in weight of hydrocyanic acid.

Hydrochloric acid, except substances containing less than

5 per cent. weight in weight of hydrochloric acid.

Nitric acid, except substances containing less than 5 per cent.

weight in weight of nitric acid.

Oxalic acid.

Perchloride of mercury (corrosive sublimate).

Potassium hydroxide except substances containing less than

2 per cent. weight in weight of potassium hydroxide.

Sodium hydroxide except substances containing less than

2 per cent. weight in weight of sodium hydroxide.

Hydrogen peroxide (beyond 50% concentration by weight).

Formal-dehyde (beyond 25% concentration by weight).

Phenol (beyond 3% concentration by weight).

Sodium hypochlorite solution (beyond 5% concentration by

weight).

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FORM – A

(See rule 4)

LICENCE FOR POSSESSION AND SALE OF POISONS

Name of licensee

Locality of shop

Shri ......................................., son of Shri ......................................

carrying on business as ..................... in the ..................... (Name of

local body) under ..................... Police Station of ..................... District,

is hereby licensed to possess for sale by retail and to sell by retail the

following poisons, namely:—

1. ...................................

2. ...................................

3. ...................................

4. ...................................

5. ...................................

This licence is subject to the conditions specified on reverse, the

breach of any of which shall involve forfeiture of the licence as well as

liability to the penalties provided by section 6 of the Poisons Act, 1919.

This licence will remain in force from the date of grant for a period

of five years unless terminated by the death of the licence-holder or

cancelled/revoked by the Licensing Authority concerned.

Seal and signature of the Licensing Authority.

Photograph of

licence-holder/

authorised

representative

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[PART–II

Conditions

(1) Subject to the provisions of rules 4 and 8, a licence granted or

renewed on any day shall remain in force for a period of five years. Every

applicant for the grant or renewal, of a licence shall make a written

application to the licensing authority and such application shall bear a

court fee stamp of hundred rupees.

(2) A licence shall terminate on the death of the licence-holder or

if granted to a firm or company on the winding up or transfer of the

business of such firm or company.

(3) The Licensing Authority may for any sufficient cause revoke

or cancel any licence.

(4) Every sale of a poison shall so far as possible be conducted

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.

(5) A licence-holder shall not sell any poison to any person unless

the latter is personally known to him or identified to his satisfaction by

producing photo-identity card. He shall not sell any poison to any

person who appears to him to be under the age of 18 or to any person

who does not appear to him to be in full position of his faculties.

(6) (1) Every licence-holder shall maintain a register in which he

shall enter all sales of poison other than those used by a chemist and

druggist for dispensing or compounding in compliance with the

prescription of a Medical or Veterinary Practitioner. The following

particulars shall be entered in such register in respect of each sale,

namely :—

(a) Serial No.

(b) Date of sale

(d) Name of the poison

(e) Quantity sold

(f) Purpose for which the poison was requested by the purchaser.

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(g) Signature of purchaser or thumb-impression if illiterate or

in case of purchase by post, date of letter or written order and

reference to the original in the file in which it is preserved.

(h) Signature of dealer

(2) In a separate portion of the register shall be entered, in

separate column for each poison the quantity of each such poison sold

daily and these entries shall be filled in from day-to-day.

(3) The signature under column (h) of the register 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 entered 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 in column (g) of the

of not less than two years from the date of the sale.

(7) (1) A licence-holder shall maintain in respect of each poison a

stock register, in Form-II which shall contain the following particulars:

(a) Serial No.

(b) Date

(d) Name and address of the person from whom received

(e) Amount sold

(f) Balance in stock

(g) Remarks.

(2) The stock register shall be balanced daily.

(8) Any Executive Magistrate or an Inspector appointed under

section 21 of Drugs and Cosmetics Act, 1940 or any Police Officer of

the rank of Sub-Inspector and above or any Medical Officer above the

rank of Assistant Medical Officer may at any time visit any premises

and inspect all poisons found there and the register maintained under

the rules 15 and 16.

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[PART–II

(9) All poisons kept for sale by any licence-holder under these

rules (except those kept by a chemist and druggist for the purpose of

dispensing or compounding in compliance with the prescription of a

Medical or Veterinary Practitioner) 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, plastic, metal, or earthen-ware.

Every such box, almirah, room or building and every such receptacle

shall be marked with the word “Poison” in red characters in English and

local language and in the case of receptacles containing separate

poisons with the name of such poisons.

(10) When any poison is sold, it shall be securely packed in closed

receptacle or packet (according to the quantity) and every such

receptacle or packet shall be labelled by the vendor with a label bearing

the name of the “poison” in English and local language and the number

and date of the entry in the register of sales specified in rule 15.

(11) The licence shall be held subject to the conditions as

mentioned above and to the provisions of the Act and rules in force

from time to time.

(12) The licensee, if he intends to sell or possess for sale any

poison for medicinal use will first obtain a requisite licence as required

under the provisions of the Drugs and Cosmetics Act, 1940.

Note : A poison for medicinal use means a drug as defined in

section 3 of the Drugs and Cosmetics Act, 1940.

————

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FORM – B

(See rule 6)

Application for grant / renewal of licence for

possession and sale of poisons

1. Name of the applicant/firm

2. Age of the applicant

3. Office and residence address

4. Licence No. and copy of licence (applicable :

for renewal applications).

5. Documents regarding constitution of the :

applicant firm including nomination of the

authorised representative.

6. Full address of the place of business or

shop or of storage for which a licence is

applied for, number of the flat and the

name of the building with house number

and the street or the road where it is

situated.

7. Copy plan of the premises

8. Documents pertaining to the right of :

possession of the premises

9. Name of the poison proposed to be sold :

(Applicant should furnish three copies of

self-attested photographs alongwith the

application)

To be accompanied with a court fee stamp of ` 100.

————

(By order of the Lieutenant-Governor)

V. JEEVA,

Under Secretary to Government (Health).

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[PART–II

FORM – I

[See rule 15(1)]

REGISTER OF SALES OF POISONS

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

Name and

address of the

purchaser,

serial number

of the

photo-identity

card produced

and the name

of the issuing

authority

Serial No.

Name of poison

Quantity sold

Date of sale

Purposes for

which the poison

was required by

the purchaser

Signature of

purchaser

(or thumb-

impression, if

illiterate) or in the

case of purchase

by post the date

on which the

letter was written

and reference to

the original in the

file in which it is

preserved

Signature of a

person identifying

the purchaser, if

any, (or thumb-

impression, if

illiterate)

Signature of dealer

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

Government Central Press

Directorate of Stationery and Printing

Puducherry-9.

FORM – II

POISON STOCK REGISTER

Name of poison :

Sl.

Date

Amount

Name and address

Amount sold

Balance in

Remarks

No.

received

of the person from

stock

whom received

(1)

(2)

(3)

(4)

(5)

(6)

(7)