Section 40 in The Bombay Drugs (Control) Act, 1959.
40. Power to make rules.
(1)The State Government may make rules to carry out the purposes of this Act.(2)In particular, but without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a)the manner in which prescriptions or copies thereof and other record shall be maintained and the period for which they shall be preserved, by medical practitioners and licensed retailers, under section 11;(b)prescribing the quantity of notified drug for the purposes of sample under section 16;(c)prescribing the other particulars to be contained in a memorandum of sales under section 17;(d)the manner in which, and conditions subject to which, samples may be taken and the procedure to be followed therefor under clause (b) of sub-section (1) of section 31;(e)prescribing the procedure to be followed in deciding appeals under section 32;(f)prescribing the number of places at which any notified drug may be sold in any area and the procedure to be followed before granting licences, permits and passes;(g)prescribing the forms of licences, permits or passes granted under the Act, the terms and conditions on which such licences, permits or passes may be granted, the forms of applications for such licences, permits or passes, and the fees payable in respect thereof;(h)the maintenance and preservation by dealers generally, or by any class of dealers of records and accounts of all sale and purchase transactions made by them, or of the stocks of notified drugs in their possession;(i)the furnishing of any such information as may be required with respect to the business or profession carried on by any dealers or any medical practitioner;(j)prescribing the accounts to be maintained and the returns to be submitted by a licence-holder, pass-holder, permit-holder or medical practitioner;(k)the inspection of any books of accounts or other documents relating to notified drugs belonging to or under the control of any dealers or medical practitioners;(l)the regulation or prohibition of the transfer of licences;(m)requiring the entering of the names and addresses, and the taking of signatures of purchasers in the register of sale of any notified drug;(n)the disposal of confiscated articles;(o)any other matter which is to be or may be prescribed under this Act.(3)The power to make rules under this section shall be subject to the condition of previous publication:Provided that, any such rules may be made without previous publication, if the State Government considers that they should be brought into force at once.(4)All rules made under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.
