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Union of India - Section
Section 146 in The Poisons Act, 1919
146.
Statement of Objects and Reasons.-The Poisons Act of 1904 was intentionally limited in scope so as to restrict interference with legitimate industries as possible. As the result of these limitations, however, the control afforded by the Act, over the traffic in poisons has been proved by experiment to be inadequate. In 1910 and 1914, the Government of the United Provinces suggested certain radical amendments in the Act to remedy the defect. The suggestions were referred to Local Governments and Administrations for opinion. The replies received showed a general agreement in favour of the suggestions of the Government of the United Provinces.A new Bill has accordingly been prepared which will repeal the Poisons Act, 1904. The more important features of the Bill are:-(1) The substitution of single (clause 2) for sections 3, 4 and 6 of the existing Act with the object of empowering Local Government to regulate the possession for sale and the sale, wholesale or retail of any specified poison any where within their respective territories, instead of in municipalities and cantonments only.(2) An expansion of the provisions of sections 3 and 5 of the Act so as to make them cover, not only white arsenic, but any poison specified in notifications, or issued in accordance with those sections, (Clauses 3 and 4).(3) The exclusion of clauses (b), (c) and (d) mentioned in section 10(1) of the Act with the effect of reducing the number of exempted classes to one, viz., medical veterinary practitioners.(4) The addition of clause [Clause 9(3)(b)] empowering Government to exclude individual members of the exempted clause (i.e., medical and veterinary practitioners) for the benefit of the exemption conferred by section 10(1) of the Act.The opportunity has also been taken to make some verbal alterations in the Act; and section 11, which is spent, has been omitted.Amendment Act 47 of 1958-Statement of Objects and Reasons.-The Poisons Act, 1919, which deals with the importation, possession and Sale of Poisons, does not extend to the territories comprised in the former Part B States. After the passing of the States Recognisation Act, 1956, it was found that in certain States like Andhra Pradesh and Madras, the Central Poisons Act was in force in the greater part of the State, but local Acts like the Hyderabad Poisons Act and the Travancore-Cochin Poisons Act, continued to be in force in other parts which were included as a result of the reorganisation. In consultation with the State Governments it is now proposed, in the interests of uniformity, to extend the Central Poisons Act to the territories comprised in the former Part B States and to repeal any corresponding laws in force therem. The Bill seeks to achieve this object.An Act to consolidate and amend the law regulating the importation, possession and sale of poisons [- - -] [[The words "throughoutBritish India" omitted by A.O.1948.]].Whereas it is expedient to consolidate and amend the law regulating the importation, possession and sale of poisons [- - -] [The words "throughout British India" omitted by A.O.1948.]; It is hereby enacted as follows:-| This Act has been extended to the new Provinces and merged States by the Merged States (Laws) Act 59 of 1949 and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act 30 of 1950. Manipur and Tripura are full-fledged States now, see Act 81 of 1971 but Vindhya Pradesh is a part of Madhya Pradesh State, see Act 37 of 1956. |