Lok Sabha Question No. 2513 (UNSTARRED), answered on 2018-01-02
Subject: Sale of Acid
Ministry: HOME AFFAIRS
Asked by: MEENAKASHI LEKHI

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2513

TO BE ANSWERED ON THE 02 ND  JANUARY, 2018/ PAUSHA 12, 1939 (SAKA)

SALE OF ACID

2513. SHRIMATI MEENAKASHI LEKHI:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a) whether there is any regulation to supervise the sale of acids and if so, the details thereof;
- (b)  the  punitive  measures  instituted  by  the  Government  for  those  who violate these regulations; and
- (c) the efforts being made to enforce strict regulations and its compliance regarding the sale of acids?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) to (c): In  pursuance  to  the  judgement  of  Hon'ble  Supreme  Court  of India in the matter of  Writ Petition (Crl.) No. 129 of 2006 Laxmi vs. U.O.I., draft  Model  Poison  Rules  2013  were  formulated  by  the  Ministry  of  Home Affairs  and  the  same  were  circulated  to  all  State  Governments/Union Territory Administrations though a Ministry of Home Affairs' advisory which is available at www.mha.nic.in.

Vide  the  aforementioned  communication,  Ministry  of  Home  Affairs  had advised  all  States/ UTs  to  prepare  their  Poison Rules and requested the

## L.S.US.Q.NO.2513 FOR 02.01.2018

following  actions  would  need  to  be  taken  immediately  in  the  State/UT, where rules to regulate sale of acid/corrosive substances are not operational,  to  regulate  the  existing  sales,  through  wide  publicity  in  the media including local language:

- i. Banning  over  the  counter  sale  of  acid/corrosives  unless  the  seller maintains  a  logbook/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 also contain the address of the person to whom it is sold.
- ii. A sale will be made only when the buyer produces a photo ID issued by  the  Government  which  also  has  the  address  of  the  person  and proves that he/she is above 18 years of age.
- iii. The  logbook/register  should  also  specify  the  reason/purpose  for procuring acid.
- iv. All stocks of acid must be declared by the seller with the concerned Sub-Divisional  Magistrate  (SDM)  within  15  days  and  in  case  of undeclared  stock  of  acid,  it  will  be  open  to  the  concerned  SubDivisional Magistrate to confiscate the stock and suitably impose a fine on such seller up to Rs. 50,000/-.

## L.S.US.Q.NO.2513 FOR 02.01.2018

- v. The  concerned  SDM  may  impose  a  fine  up  to  Rs.50,000/-  on  any person who  commits  breach  of any of the above directions. Educational institutions, research laboratories, hospitals, Government  Departments  and  the  departments  of  Public  Sector Undertakings, which are required to keep and store acid/corrosive, shall maintain a register of usage of acid and the same shall be filed with the concerned SDM.
- vi. A  person  shall  be  made  accountable  for  the  possession  and  safe keeping of acid in their premises. The acid shall be stored under the supervision of this person and there shall be compulsory checking of the  students/  personnel  leaving  the  laboratories/place  of  storage where acid is used.

'Police' and 'Public Order' are State subjects under the seventh Schedule to the Constitution of India. The responsibilities to maintain law and order, protection  of  life  and  property  of  the  citizens  rest  primarily  with  the respective State Governments. The State Governments are competent to deal with such offences under the extant provisions of laws.

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