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Panaji, 27th February, 2019 (Phalguna 8, 1940)

SERIES I No. 47

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

GOVERNMENT OF GOA

Department of Home

Home—General Division

Notification

2/37/2011-HD(G)/Part/708

In exercise of the powers conferred by

section 2 and 8 of the Poisons Acts, 1919

(Central Act 12 of 1919), the Government of

Goa hereby makes the following rules,

namely:–

1. Short title and commencement.— (1)

These rules may be called the Goa Poisons

Possession and Sale Rules, 2014.

(2) They shall come into force from the date

of their publication in the Official Gazette.

2. Definations.— In these rules, unless the

context otherwise requires,—

(a) “Act” means the Poisons Act, 1919

(Central Act 12 of 1919);

(b) “dealer” means a person holding license

under these rules;

these rules;

(d) “Licensing authority” means the District

Magistrate or any other officer authorized by

the Government to grant a license;

(e) “Licensee” means a holder of a license

under these rules;

(f) “notification” means a notification

published in the Official Gazette;

(g) “Form” means a form appended to these

rules;

(h) “Schedule” means the Schedule

appended to these rules;

(i) “Sale” means any sale by a dealer to

another dealer or by a dealer to any

educational institution or to any research or

medical institution or hospital or dispensary

under a qualified medical practitioner

(Registered Medical Practitioner) or any

recognized public 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 poisons specified in the Schedule

shall be deemed to be poisons for the purposes

of these rules.

4. License for Possession or Sale of

Poisons.— No person, not exempted under the

EXTRAORDINARY

No. 4

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provisions of the Act, shall sell or possess for

sale any poison specified in the Schedule

except under a license in Form I 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 prominent position at the place of business

specified in the license granted under

rule 4.

6. Application for grant or renewal of

license.— (1) Every person desiring for the

grant of license or renewal of a license shall

make a written application to the licensing

authority in Form II and such application shall

bear a court fee stamp of ten rupees:

Provided that any application for renewal

of a license which is made less than three

months prior to the date of the expiry of the

license shall bear a court fee stamp of five

hundred rupees.

(2) On receipt of an application under sub-

-rule (1), the licencing authority may, grant or

refuse to grant the license or grant a license

subject to modifications as respect the poisons

and quantity of poisons applied for.

(3) Application for duplicate license, when

the original is lost or destroyed shall be made

in writing and shall bear a court fee stamp of

five hundred rupees.

(4) In the case of any change in the place of

business of the licensee, a fresh application

for license shall be made to the licensing

authority and such application shall bear a

court fee stamp of hundred rupees.

(5) The licensee shall prominently display

the license in the place of business.

7. Duration of License.— Subject to the

provisions of rules 8 and 9, of these rules, a

license granted or renewed under these rules

shall remain in force for five years from the

date of issue.

8. Discretion of Licensing Authority.— A

license may be cancelled or revoked at any

time by the licensing authority. The grant/

/renewal/cancellation/revocation of a license

shall be in the discretion of the licensing

authority whose decision shall be final:

Provided that the licensing authority shall

give an opportunity to the licensee 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 license or for cancelling or revoking

a license.

9. Termination of license.— A license shall

terminate on the death of the licensee 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 of the firm or company is

transferred as a going concern and the

transferee applies for a fresh license, with

court fee stamp of hundred rupees, within

fourteen days of the date of transfer, the

subsisting license shall continue to be in force

until a new license has been granted or the

application for fresh license is rejected by the

licensing authority.

10. Disposal of stock on termination,

revocation or cancellation of license.— In the

event of revocation or cancellation of the

license under rule 8 or in the event of the

termination of license under rule 9, the stock

of poison may be sold to any other licensee

within a period of three months from the date

of such termination, revocation or cancellation

of the license, 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 to the legal representative of the

deceased licensee or his transferee or,

liquidator of the dissolved firm or company or

the transferee of the firm or company, as the

case may be.

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11. Power to Inspect Poisons and Registers.—

Any Executive Magistrate or a Police Officer

of the rank of Sub-Inspector and above or a

Medical Officer appointed by the Government

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 licensee where a

poison is kept for sale and may inspect all

poisons found therein and the registers.

12. License to whom granted.— (1) A license

shall be granted only to a person who in the

opinion of the licensing authority is competent

to conduct business in poisons.

(2) The license issued to a firm shall always

be in the name of the partner of the firm and

in case of the company to a responsible

person to be nominated by such company for

the purpose, or in the case of a public

company, in the name of it’s 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.— Every sale of poisons,

shall, as far as practicable, be made by the

licensee in person or where the licensee is a

firm or a company, through or under

supervision of an accredited representative of

such firm of company.

14. Persons to whom poisons may be sold.—

A licensee 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 bears

his address or substantiate it with a document

giving his address. He shall also ascertain

before selling any poison the name, telephone

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 possession of his faculties.

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

licensee shall maintain a register, in which he

shall enter correctly all sales of poison other

than those used by a registered Chemist,

Druggist or Pharmacist dispensing or

compounding, in compliance with the

prescription of a qualified medical or

veterinary practitioner.

The following details shall be entered in

such register in respect of such sale,

namely:—

(a) Serial No.; (b) Name of 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, as stated by the

purchaser; (g) Signature of purchaser (or

thumb impression, if illiterate or in the case of

purchase by post, 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/Licensee.

(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 specified

under sub-rule (1) of rule 15 shall be that of

the licensee himself, or, when the licensee 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 dispatch

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 and other written documents

including registers shall be preserved in

original by the licensee for a period not less

than two years from the date of the sale of

poisons.

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16. Stock – Register of Poisons.— (1) A

Licensee shall maintain in respect of each

poison, a stock register which shall contain

the following details, namely:—

(a) Serial No.; (b) Date; (c) quantity received;

(d) name and address of person from whom

received; (e) quantity sold; (f) balance in stock;

and (g) remarks.

(2) Poison issued from stock to the

dispensary on any day for retail sale and for

dispensing of prescription shall be entered as

one item in the issue side of the register with

a note to that effect.

(3) The daily balance of stock should be

entered in the register.

17. 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 licensee 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 license

granted under the Act and these rules 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.

18. 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

marked with the word “Poison” in red

characters in English and in local language

and the name of the poison and the name and

address of the licensee.

19. Penalty.— Whoever commits a breach

of the provisions of these Rules or of the

conditions of the license shall be lilable for a

penalty as specified in section 6 of the Act.

By order and in the name of the Governor

of Goa.

Neetal P. Amonkar, Under Secretary (Home).

Porvorim, 27th February, 2019.

————

SCHEDULE

(See Rule 3 and 4)

List of Poisons

(1)

Acetic acid.

(2)

Sulphuric acid (H2SO4)(beyond 5% concentration by weight).

(3)

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

(4)

Phosphoric acid (H3PO4).

(5)

Hydrofluoric acid (HF).

(6)

Perchloric acid (HCIO4).

(7)

Formic Acid.

(8)

Hydrocyanic acid except substances containing less than 0.1 per cent weight in weight of

Hydrocyanic acid.

(9)

Hydrochloric acid, except substances containing less than 5 per cent weight in weight of

Hydrochloric Acid.

(10) Nitric acid, except substances containing less than 2 per cent weight in weight of Nitric Acid.

(11) Oxalic Acid.

(12) Perchloride of mercury (corrosive sublimate).

(13) Potassium Hydroxide except substances containing less than 2 per cent weight in weight of

Potassium Hydroxide.

(14) Sodium Hydroxide except substances containing less than 2 per cent weight in weight of sodium

Hydroxide.

OFFICIAL GAZETTE — GOVT. OF GOA

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FORM I

(See rule 4)

License for possession and sale of Poisons

Name of Licensee:

Locality of shop:

Shri/Smt.___________________________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 license is subject to the following conditions, the breach of any of which shall involve cancellation

of the license and the licensee shall be liable to a penalty as specified in section 6 of the Poisons Act, 1919.

This license will remain in force from the date of grant for a period of five years unless previously terminated

by the death of the licensee or cancelled by the Licensing Authority concerned.

CONDITIONS

(1)

This license shall remain in force for a period of five years from the date of issue.

(2)

The license shall terminate on the death of the licensee-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.

(3)

The Licensing Authority may for any sufficient cause revoke or cancel any license.

(4)

Every sale of a poison shall, so far as possible, be conducted by the License-holder in person or

where the license-holder is a Firm or a Company, through or under the supervision of an accredited

representative of such firm or company.

(5)

A license-holder shall not sell any poison to any person unless the later personnelly known to him

or identified to this 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 possession of his faculties.

(6)

(i) Every license-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 stated by the purchaser to be required.

(g) Signature of purchaser or thumb impression if illiterate or in case of purchase by post, date

of letter or written documents and reference to the originals in the file in which they are

preserved.

(h) Signature of dealer/license-holder.

(ii) 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 filed in from day to day.

(iii) The signature under column (h) of the register shall be that of the license-holder himself or

when the license-holder is a Firm or Company that of an accredited representative of such Firm

OFFICIAL GAZETTE — GOVT. OF GOA

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(EXTRAORDINARY No. 4)

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or Company and shall be entered at the time of sale or dispatch to the purchaser. Such signature

shall be held to imply that the writer has satisfied himself that the requirements of rule 14 of the

Goa Poisons Possession and Sale Rules, 2014, have been fulfilled.

(iv) All letters or written documents orders referred in column (g) of the register shall be preserved

in original by the license-holder for a period of not less than two years from the date of the sale.

(7)(i) A license-holder shall maintain in respect of each poison a stock register, which shall contain the

following particulars:—

(a) Serial No.:

(b) Date:

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

(e) Amount sold:

(f)

Balance in stock:

(g) Remarks.

(ii) The stock register shall be balanced daily.

(8) All poisons kept for sale by any license-holder (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 license 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.

(9) (a) 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 shall be specified.

(10) The license shall be held subject to the conditions mentioned above and any other conditions as

specified by the Government and to the provisions of the Act and rules framed thereunder.

Seal and Signature of Licensing Authority

———ttt———

Department of Law & Judiciary

Legal Affairs Division

———

Notification

7/4/2019-LA

The Goa Commission for Scheduled Castes

and Scheduled Tribes (Amendment) Act, 2019

(Goa Act 8 of 2019), which has been passed

by the Legislative Assembly of Goa on

31-1-2019 and assented to by the Governor of

Goa on 22-2-2019, is hereby published for the

general information of the public.

Julio B. Noronha, Joint Secretary (Law).

Porvorim, 27th February, 2019.

The Goa Commission for Scheduled

Castes and Scheduled Tribes

(Amendment) Act, 2019

(Goa Act 8 of 2019) [22-2-2018]

ACT

to amend the Goa Commission for Scheduled

Castes and Scheduled Tribes Act, 2010 (Goa

Act No. 9 of 2010).

Be it enacted by the Legislative Assembly of

Goa in the Seventieth Year of the Republic

of India, as follows:—

OFFICIAL GAZETTE — GOVT. OF GOA

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1. Short title and commencement.–– (1) This

Act may be called the Goa Commission for

Scheduled Castes and Scheduled Tribes

(Amendment) Act, 2019.

(2) It shall be deemed to have come into

force on the 1st day of October, 2018.

2. Amendment of section 6.–– In section 6

of the Goa Commission for Scheduled Castes

and Scheduled Tribes Act, 2010 (Goa Act No.

9 of 2010), (thereinafter referred to as the

“Principal Act”) for the word “sixty-five”

wherever it occurs, the word “sixty-seven”

shall be substituted.

3. Repeal and saving.— (1) The Goa

Commission for Scheduled Castes and

Scheduled Tribes (Amendment) Ordinance,

2018 (Ordinance No. 2 of 2018) is hereby

repealed.

(2) Notwithstanding such repeal, anything

done or any action taken under the principal

Act, as amended by the said Ordinance,

shall be deemed to have been done or taken

under the principal Act, as amended by this

Act.

Secretariat,

CHOKHA RAM GARG

Porvorim-Goa.

Secretary to the

Government of Goa,

Dated: 27-2-2019.

Law Department

(Legal Affairs).

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