Section 75 in Haryana Narcotic Drugs and Psychotropic Substances Rules, 1985
75. Grant of license to Chemist - Section 10(2)(a).
- The Excise Commissioner or any authorised officer may, on the recommendation of the State Drug Controller, grant to any person Chemists' licence in Form No. 25 on payment of a fee of one hundred rupees and subject to the following conditions :Provided that no licence in Form No. 25 shall be granted to a person who does not hold the requisite licences under the Drugs Rules, 1945, made under the Drugs Act, 1940 (XXIII of 1940) :Provided further, that except with the special sanction of the Excise Commissioner such a licence shall not authorise the chemist to possess a greater quantity than 120 grams of opium derivatives other than prepared opium or 120 grams of coca derivatives :-(1)The licensee shall be bound by the provisions of the Act and these rules and any other rules which may, from time to time, be made under the Act.(2)The licensee shall be responsible for the acts and omissions of every person employed by him in carrying on his business and of all his servants, as if the said acts and omissions were his own.(3)The licensee shall not permit any manufactured drug, which he is authorised to sell, to be dispensed or handled by any person other than a medical practitioner or a dispenser registered under the Pharmacy Act, 1948 (Act No. VII of 1948).(4)The licensee is authorised to see the following drugs :-(i)coca derivatives;(ii)morphine;(iii)diacetyl morphine; and(iv)all preparations containing more than 0.2 per cent of morphine or containing any diacetylmorphine.(5)The licensee shall not sell or keep the drugs in greater quantities than specified in his licence and except in the premises described in the licence.(6)The licensee shall procure his supplies either from a licensed vendor in Haryana or by importation from a licensed vendor in some State, after obtaining from the Deputy Excise and Taxation Commissioner concerned a permit in Form No. 18. The importation of these drugs by post is absolutely prohibited.(7)The licensee is authorised to compound any preparation containing morphine, diacetylmorphine, or cocaine from the materials which he is lawfully entitled to possess. He shall also enter in the prescription the name of a person, firm or body corporate dispensing the prescription, the address of the premises at which and the date on which it is dispensed.(8)In the case of every sale, otherwise than on a prescription, the licensee shall obtain a pass in Form No. 19 or Form No. 20 to cover the export or the transport of the consignment to its destination.(9)The licensee shall maintain correct accounts of all transactions. Such accounts shall show in respect of each receipt, the source of supply and the quantity received, and, in respect of each issue the quantity issued, and the name and address of the person to whom it is issued. He shall file in support of his accounts of receipts, the export or transport passes, and in respect of his account of issues, the original prescription of which they have been issued and in the case of issues made otherwise than on a prescription, receipts from the person to whom the issues were made. Such accounts and documents shall be preserved for not less than two years from the date of the last entry in the accounts.(10)(i)In the case of preparations containing cocaine, morphine or diacetyl morphine, the bottles, phials, packages, or other containers of these preparations or the labels affixed to them shall either plainly show the actual quantity of the drugs present in each container, or give sufficient particulars to admit of the ready calculation of such quantity.(ii)a package or a bottle containing the drugs shall before sale be marked with the quantity of the drugs in the package or the bottle;(iii)A preparation, admixture, extract or any other substance containing any of these drugs shall be sold only in a package or bottle plainly marked -(a)in the case of a powder, solution or ointment, with the total quantity thereof in the package or bottle, and the percentage of the drugs in the powder, solution or ointment;(b)in the case of tabloids or other similar forms of preparations with the quantity of the drugs in each tabloid or other similar forms of preparation, and the number of tabloids or other similar forms of preparation in the package or bottle.(11)All stocks of cocaine, morphine, or diacetylmorphine and preparations thereof and all accounts and records of transactions under the licence shall be open to inspection by any officer of the Excise Department not below the rank of an Inspector, and any officer of the Drugs Control Department not below the rank of a Drugs Inspector.(12)the licensee shall on requisition by the Excise Commissioner or by any authorised officer deliver up his licence for amendment or for the issue of a fresh licence.(13)The licensee shall on the first day of every quarter submit a correct quarterly statement, showing the quantity of the drugs received by him during the previous quarter, the quantity sold by him and the quantity remaining in his possession, to the Excise and Taxation Officer concerned, and the Drugs Inspector of the Drugs Control Department, Haryana.(14)If on the expiry or cancellation of the licence, any stocks of the drugs remain in the possession of the licensee he shall at once surrender these stocks to the Deputy Excise and Taxation Commissioner. If any portion of these stocks is declared by the Chief Medical Officer to be unfit for human consumption, the Deputy Excise and Taxation Commissioner shall forthwith cause that portion to be destroyed and the licensee shall not be entitled to claim any compensation for loss resulting from the destruction of such a portion of the drugs.(15)If any portion of the drugs is fit for human consumption, the Deputy Excise and Taxation Commissioner shall make over such portion of the drugs, in any quantity not exceeding that which the transferee is likely to sell within two months, to the incoming licensee who is taking the place of the previous licensee; if the latter has surrendered the drugs in question to the Deputy Excise and Taxation Commissioner, or to any other licensee.(16)the licensee shall be bound to accept from the Deputy Excise and Taxation Commissioner any portion of the drugs, which in the opinion of the Deputy Excise and Taxation Commissioner, does not amount to more than two months supply at such a price as may be determined by the Deputy Excise and Taxation Commissioner. This price shall be paid to the licensee, who has surrendered the drugs in question to the Deputy Excise and Taxation Commissioner.(17)A licensed chemist may import, export or transport such quantity of opium derivatives (excluding prepared opium) and coca derivatives as may be specified in his licence.(b)(i)The Excise Commissioner shall in respect of each such licence fix and record in the licence the maximum quantity of opium derivatives or coca derivatives which the licensee may possess at any one time for the purpose of vends as well as for the manufacture or preparations of morphine, diacetylmorphine and cocaine.(ii)A chemist may, subject to the conditions of his licence, sell the derugs to :-(1)a medical practitioner, who (a) is either known to the licensed chemist, or (b) is introduced by someone known to the licensee and either signs the register in person or sends a written or signed order stating his name, address and the name and quantity of the article required. In the latter case, the licensee must satisfy himself as to the genuineness of the signature and qualification of the medical practitioner. If the drugs are transported by post these shall be sent by registered post. In case of real emergency the licensee may act on an oral message and send the drugs, provided that the licensee is satisfied with the genuineness of the order and on the delivery he receives from the medical practitioner the signed order or an undertaking that the signed order will be furnished within 24 hours. If such signed order is not received within 24 hours the licensee shall forthwith report full details of the transaction to an Excise Officer not below the rank of an Inspector;(2)a chemist licensed under these rules or under the rules for the time being in force in any other State;(3)any other person authorised under these rules;(4)any person, holding a prescription in Form No. 26 subject to the following conditions, namely :-(i)he shall sell the drugs in such quantity and for the use of such person only as may be specified in the prescription.(ii)if the prescription does not bear a superscription by a medical practitioner stating that it is to be repeated and at what interval of time it is to be repeated, and how many times it is to be repeated, he shall sell the drugs once only on such a prescription and shall retain the prescription :Provided that he shall first warn the person presenting the prescription that unless it bears such a superscription, as aforesaid, it shall be retained;(iii)if the prescription bears a superscription as aforesaid he shall enter in the prescription the date of sale and shall sign or seal the prescription :Provided that if it appears that drugs have already been sold on the prescription, 6 times or such a number of times as the prescription is required to be repeated, or that the interval specified in the prescription has not elapsed since the prescription was last dispensed, he shall not sell the drugs on such prescription unless it has further been superscribed by the medical practitioner;(iv)any other condition that may be prescribed in his licence.
