The Chhattisgarh Regulation, Prohibhition, Sale and Use of Acid Act, 2013

(1) This Act may be called as the Chhattisgarh Regulation, Prohibition, Sale and Use of Acid Act, 2013. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint.

In this Act, unless the context otherwise requires,— (a) "Acid" means any substance specified in the Schedule, and includes any other substance which the State Government may, by notification, declare to be an acid for the purposes of this Act; (b) "Authorized Officer" means an officer authorized by the State Government under section 13; (c) "Container" means any object, bottle, jar, drum, tank, or any other package or vessel used for storing, keeping or transporting acid; (d) "License" means a license granted under this Act; (e) "Licensee" means a person or organization to whom a license has been granted under this Act; (f) "Notification" means notification published in the Official Gazette; (g) "Person" includes any individual, company, firm, corporation, society, partnership, or any other association of persons or body of individuals; (h) "Prescribed" means prescribed by rules made under this Act; (i) "Sale" with its grammatical variations and cognate expressions means any transfer of property in goods by one person to another for cash or deferred payment or other valuable consideration and includes an agreement for such sale, but does not include a mortgage, hypothecation, charge or pledge; (j) "Schedule" means the Schedule appended to this Act; (k) "State Government" means the Government of Chhattisgarh; (l) "Use" with its grammatical variations means using, applying, or consuming acid in any process, activity, or purpose. In this Act, unless the context otherwise requires,- (a) "acid" includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability; (b) "appellate authority" means an Officer or authority authorised by the State Government to hear appeal under Section 13; (c) "bulk quantity" means quantity as may be prescribed by the State Government; (d) "dealer" means a person on the business of purchase or sale of acids, whether as a wholesaler or retailer or distributor and whether or not in conjunction with any other business and includes his agent; (e) "distributor" means a distributor of acids or his agent or a stockist appointed by a manufacturer for stocking his acids for sale to a dealer; (f) "Government" means Government of Chhattisgarh; (g) "handling" means processing, treatment, packaging, storage, transportation by vehicle, use, collection, destruction, conversion, offering for sale, transfer, alike acids; (h) "licensing authority" means a licensing authority appointed under clause (a) of Section 3; (i) "manufacturer" means any person who manufacturers acids in the State of Chhattisgarh; (j) "person-in-charge" means head of the institution, industry, company or firm and shall include every person who is in overall control of the day to day business of such organisation;

(1) No person shall sell, store, trade, or distribute acid to any person unless he holds a valid license granted under this Act. (2) No person shall use acid without taking such precautions and following such procedures as may be prescribed. The State Government may, by notification in the Official Gazette,- (a) appoint such persons, being Gazetted Officers of the State Government, as it thinks fit to be Licensing Authorities for the purposes of this Act; and (b) define the limits within which a Licensing Authority shall exercise the powers conferred and perform the duties imposed on him, by or under this Act.

Every person intending to sell, store, trade, or distribute acid shall make an application to the Authorized Officer in such form and in such manner and upon payment of such fees as may be prescribed. No person shall use acid, as defined under this Act, for a purpose other than for clinical, educational, industrial including use by metal crafts and handicrafts, medical, research and scientific, purposes.

The Authorized Officer, upon receipt of an application, may, after such inquiry as may be deemed necessary and satisfying himself that the applicant fulfills all the conditions, grant a license in such form and for such period as may be prescribed. No dealer or manufacturer of acid shall, after the expiry of six months from the date of commencement of this Act or from the date on which he first becomes dealer or manufacturer of acid, whichever is later, stock, store, transport, conduct or carry on the business of sale of the acid, except under and in accordance with a licence obtained by him under the provisions of this Act and the rules made thereunder: Provided that any dealer or manufacturer having more than one retail shops whether in the same town or village or in different towns or villages, he shall obtain a separate licence in respect of each such retail shops.

(1) Every license granted shall be subject to such conditions as may be prescribed for the sale, storage, trade, or distribution of acid. (2) The licensee shall: (a) keep a register of all sales, showing the name and address of the purchaser, the quantity and the purpose for which it is purchased; (b) maintain the records of stock, sale, and purchase in such manner as may be prescribed; (c) ensure that acid is stored in a safe manner; (d) not sell acid to any person who is under 18 years of age. (3) Any violation of the conditions shall make the license liable to be suspended or cancelled by the Authorized Officer. (1) Any dealer or manufacturer desiring to obtain a licence referred to in the last preceding Section shall make an application in writing to the Licensing Authority in such form and manner and accompanied by such licence fee as may be prescribed by the State Government from time to time. (2) On the receipt of such application, the Licensing Authority shall make such inquiry as he considers necessary for the grant of licence and if the Licensing authority is satisfied- (a) that the dealer or manufacturer of acid is suitable for the proper and safe transportation, storage and handling of the acid in respect of which the licence has been applied for; (b) that the applicant is competent to manage such shop dealing with business of acid; (c) that the applicant has paid the prescribed licence fee; (d) that the applicant fulfils or undertakes to fulfil such other conditions as may be prescribed, from time to time by the State Government, being conditions for ensuring the proper and restricted sale of acid; and (e) that he has not been convicted by any court of law and is of sound mind, then, the Licensing Authority may grant the licence to the applicant after completion of inspection within one month from the date of application and in case Licensing Authority is not so satisfied, then after giving a reasonable opportunity to the applicant of being heard and after recording a brief statement of the reasons for refusal, he may refuse to grant the licence and furnish a copy of such statement to the applicant. (3) Every licence granted under this Section shall be valid for the period, as may be prescribed by the Government, and may, on an application made to the Licensing Authority, be renewed from time to time by the Licensing Authority for such period and on payment of such fee and on such conditions, as may be prescribed by the State Government from to time and where the Licensing Authority refuses to renew a licence, he shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant: Provided that no order refusing to renew a licence shall be made, unless the applicant is given a reasonable opportunity of being heard.

Every holder of a licence under this Act shall- (a) undertake to transport, store, handle and sell only such type of acids as specified in the licence; (b) maintain a written record in the form as may be prescribed by the State Government; (c) specify in a conspicuous manner an individual label on carton the scientific name, together with the local name, if any, of the acids at all times; (d) maintain and submit returns or statement in such form and containing such information and within such time frame, as may be prescribed.

(a) ensure that no acid is sold in violation of this Act or rules made thereunder; (b) comply with any directions issued by the state government or authorized officer; (c) report any instance of theft or loss of acid to the nearest police station immediately. Every purchaser of acid shall- (a) purchase the acid only from the valid licence holder under this Act; (b) not use the acid purchased other than for the purposes specified under Section 4 of this Act; (c) maintain a record showing details of the quantity of acid received opening stock, daily consumption and closing stock; and (d) keep a check on the storage and handling of the acid at regular intervals.

The Authorized Officer or any police officer not below the rank of Sub-Inspector may at any reasonable time enter and inspect any premises where acid is stored, sold, or used. Every person-in-charge of the industry or any institution purchasing acid under this Act shall be responsible for the utilization, storage and disposal of the acid and shall comply with the provisions of Section 8.

(1) If the Authorized Officer has reason to believe that any acid is being sold or used in contravention of this Act, he may: (a) seize the acid; (b) seize the container; (c) take samples; (d) seize records; (e) pass such order as necessary for the safe custody of the seized material. (1) The Licensing Authority may suspend or cancel any licence issued or renewed under this Act on any one or more of the following grounds, namely:- (a) that he has parted, in whole or in part, with his control over the shop or has otherwise ceased to conduct the business or hold such acid; (b) he fails to produce without any reasonable cause such license on demand of the any officer authorized by the Licensing Authority in this behalf; (c) that he has failed to maintain the record as prescribed; (d) he omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act or any rule made thereunder; (e) that he has, without reasonable cause, failed to comply with any of the terms and conditions of the licence or any directions lawfully given by the Licensing Authority or has contravened any of the provisions of this Act or the rules made thereunder; or (f) on any other grounds as may be prescribed. (2) The Licensing Authority may suspend the licence as interim measure pending final order under sub-section (1). (3) Before passing of a final order under sub-section (1), the Licensing Authority shall inform the licensee, of the grounds on which action against him is proposed and give him a reasonable opportunity of being heard. (4) A copy of every order passed under sub-section (1) or (2) shall be communicated to the licensee forthwith and shall be affixed on outer door or some conspicuous part of the shop visible to the public.

Any person aggrieved by an order passed by the Authorized Officer may prefer an appeal to the District Magistrate or such other officer as appointed by the State Government, within 30 days of the order. On the expiry of the period of validity specified in a licence or on receipt of an order suspending or cancelling a licence, the licensee shall return the licence to the Licensing Authority and he shall not deal with the transport, storage, handling and sale of acid thereafter : Provided that such authority may, after such expiration, suspension or cancellation, give such reasonable time, not exceeding fifteen days, to the dealer or manufacturer in order to enable him to wind up his business in acids.

Any person who contravenes any of the provisions of this Act shall be punishable with imprisonment for a term which may extend to six months or with a fine which may extend to Rs. 50,000 or both. If a licence issued to any dealer or manufacturer is lost, destroyed or damaged, the Licensing Authority shall, on receipt of application and fee, as may be prescribed, issue a duplicate licence.

(1) Any person aggrieved by an order of a Licensing Authority refusing to grant or renew a licence or suspending or cancelling a licence, may appeal in such form and manner within such period to such Appellate Authority, as may be prescribed: Provided that the Appellate Authority may entertain the appeal on expiry of the prescribed period, if he is satisfied that there was sufficient cause for delay. (2) On receipt of an appeal under sub-section (1), the Appellate Authority shall, after giving the appellant an opportunity of being heard, pass such order on the appeal as he thinks fit.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence. (2) Nothing in this section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (1) The State Government may on an application for Revision made to it by an aggrieved person against an order in appeal or suo motu against an order of the Licensing Authority or of Appellate Authority, call for and examine the record of such case and may pass such order thereon, as it thinks fit: Provided that the State Government shall not exercise the power conferred on it by this section in respect of an order against which an appeal is pending: Provided further that the State Government shall not pass any order under this section which adversely affects any person unless such person has been given a reasonable opportunity of being heard. (2) An order passed under sub-section (1) shall be final.

(1) If any person contravenes any of the provisions of this Act or contravenes the provisions of any rule made thereunder, he shall be punished with imprisonment which may extend upto one year or with fine which may extend upto twenty five thousand rupees or with both: Provided that any person previously convicted for an offence punishable under this sub-section and subsequently convicted of an offence punishable under this sub-section, shall be punished with imprisonment, which may extend upto two years or with fine, which may extend upto fifty thousand rupees or with both. (2) If any person obstructs any officer or person in the exercise of any powers conferred or in the performance of any duty imposed on him by or under this act, shall be punished with imprisonment, which may extend upto six months or with fine, which may extend upto twenty five thousand or with both.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974), all offences under this Act shall be cognizable. (1) Where an offence under this Act has been committed by a company, every person who at the time of commission of such offence was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of such offence and shall be liable to be proceeded against and be punished: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any member of the management or any employee of the company, such person (s) shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished under Section 15. Explanation- For the purpose of this Section- (a) "Company" means any body corporate and includes a firm, sole-proprietorship or any association of individuals dealing with business of acids.

The State Government may, by notification, lay down procedures for the investigation and prosecution of offences under this Act. No court inferior to that of a Judicial Magistrate First Class, shall try any offence punishable under this Act.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974) offences punishable under this Act shall be cognizable and non-bailable.

The provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply, in so far as, they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act.

(1) For the purpose of ascertaining the position or examining the concentration of any acid or place of business where the acid are sold or for any other purpose mentioned in this Act or rules made thereunder, the Licensing Authority or any person authorized by him or by the State Government in this behalf, shall have the right at all reasonable hours and with or without assistance- (a) to enter into any shop or place of business where the acids are stored and/or sold and to inspect or examine the concentration of the acid therein; (b) to order the production of any account book, record or other document relating to such business and take or cause to be taken extracts from or copies of such a document(s); (c) to ask all necessary questions and examine any person having control of or employed in connection with, such place of business. (2) Licensee and persons employed in connection with such shop or such place of business shall allow the Licensing Authority or person authorized by him or state Government, all reasonable access and offer facilities for such inspection and examination as may be required for the purposes aforesaid and shall be bound to answer all questions to the best of their knowledge and belief, to produce documents in their possession and to furnish such other information in relation to the retail shop or place of business where acids are sold as may be required by such authority or person.

Any officer appointed under this Act and every person authorized to exercise any powers conferred or to perform any duties imposed on him by or under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860).

No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or person for anything which is done in good faith or intended to be done in pursuance of this Act or any rules made thereunder.

The State Government may, by notification in the Official Gazette, direct that any power or duty which by this Act or by any rule made thereunder is conferred or imposed on the State Government, except the power to make rules, shall in such circumstances and subject to such conditions, if any, as may be specified in the notifications, be exercised or performed also by any officer or authority sub-ordinate to the State Government.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :- (a) the form of licence, the period for which it shall be issued and the conditions subject thereto, as under Section 5; (b) the form and manner of making an application for such licence, the fees and renewal thereof; (c) the other grounds, the contravention of which by the licensee, shall entail suspension or cancellation of the licence under Section 10; (d) the form and process under which a duplicate licence under Section 12 may be issued and the fee payable thereof; (e) the process of filing an appeal/revision, the period of limitation for appeal/revision and the authority to which appeal/revision may be made under Section 13 and Section 14 respectively and the procedure to be followed in such appeal/revision; (f) any other matter which is necessary for the implementation of this Act. (3) Any rule made under this sub-section (1) and (2) may provide that a contravention thereof shall be punishable under Section 15 of this Act. (4) Every rule made under this Section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rules should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.