Section 20 in Punjab Manufactured Drugs Rules, 1959
20.
(a)The State Drugs Controller or any other officer specially empowered by him in this behalf may, on the recommendation of the Divisional Drugs Inspector or Drugs Inspector grant to any person a druggist's licence in Form D.D. 5 on payment of a fee of two hundred rupees subject to the following conditions :[Provided that no licence in Form D.D. 5 shall be granted to a person, who does not hold the requisite licence under the Drugs and Cosmetics Rules, 1945:] [Substituted vide Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.](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 Registered Pharmacist under the Pharmacy Act, 1948 (Central Act No. VIII of 1948) or a qualified person as defined under sub-rule (15) of rule 65 of the Drugs and Cosmetics Rules, 1945;"(4)The licensee shall be authorised to sell the following drugs for medicinal purposes only -(i)medicinal hemp;(ii)medicinal opium;(iii)preparations containing medicinal hemp or medicinal opium.(5)The licensee shall not have in his possession any medicinal hemp, medicinal opium or excise opium in quantities in excess of those stated in his license, and shall not keep the same in any place except the premises described in the license. He may also possess such quantity of pure opium as is specified in the license for the manufacture of medicinal opium.(6)The licensee shall procure his supplies either from a licensed vendor in Punjab, or by importation from a licensed vendor in some other State, after obtaining from the [State Drugs Controller] [Substituted vid Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980] a permit in Form D.D. 2. The importation of his supplies by post is absolutely prohibited.(7)The licensee is authorised to manufacture medicinal opium and to compound any preparation containing medicinal hemp or medicinal opium from the materials which he is lawfully entitled to possess. [The licensee shall maintain correct accounts of manufacturing and sale of all drugs in Form D.D. 9 and Form D.D. 10]. [Added by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.].(8)The licensee shall maintain correct accounts of all transactions. [in Form D.D. 8] [Added vide Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.]. Such accounts shall show, in respect of each receipt, the source of supply and the quantity received, and in respect of issues, the quantity issued each day, the original prescriptions on which they have been issued and in the case of issues made otherwise than on a prescription, receipts from the persons to whom the issues were made. Such accounts shall be preserved for not less than two years from the date of the last entry in the accounts, and should be signed by any [Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] who inspects the licensed premises.(9)Any package or bottle containing drugs shall before sale be marked with the quantity of the drugs in the package or bottle.(10)A preparation, admixture, extract or other substance containing drugs shall be sold only in a package or bottle plainly marked -(i)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; and(ii)in the case of tablets or other articles, with the quantity of drugs in each article, and the number of articles in the package or bottle.(11)[ All stocks of pure opium, medicinal hemp and medicinal opium and all accounts and records of transactions under the licence shall be open to-inspection by any officer of the Drugs Control Administration not below the rank of a Drugs Inspector]". [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.](12)The licensee shall on requisition by the [State Drugd Controller] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] or any officer duly authorised by him in this behalf 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 pure opium, medicinal hemp and medicinal opium received by him during the quarter, the quantity sold by him and the quantity remaining in his possession to the [Divisional Drugs Inspector or Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] and the Drugs Inspector of the Drugs Control Department, Punjab.(14)[. If on the expiry or cancellation of the licence, any stocks of pure opium, medicinal hemp, medicinal opium or any other manufactured drugs remain in possession of the licensee, he shall at once surrender these stocks to the Divisional Drugs Inspector or the Drugs Inspector concerned. If any portion of these stocks is declared by the Civil Surgeon to be unfit for human consumption, the Divisional Drugs Inspector or the Drugs Inspector, as the case may be, 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;] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.].(15)If any portion of the drugs is fit for human consumption, [Divisional Drugs Inspector or the Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] shall make over such opium, medicinal hemp or medicinal opium in any quantity not exceeding that which the transferee is likely to sell within two months, to the incoming licensed vendor, who is taking the place of the previous licensee if the latter has surrendered these to the [Divisional Drugs Inspector or the Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] or to any other licensed vendor of the district.(16)The licensee shall be bound to accept from the [Divisional Drugs Inspector or the Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] any portion of excise opium, medicinal hemp and medicinal opium, which in the opinion of the [Divisional Drugs Inspector or the Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] does not amount to more than two months' supply, at such a price as shall be determined by the [Divisional Drugs Inspector or the Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] The price shall be paid to the previous licensee, if he has surrendered the drugs in question to the [Divisional Drugs Inspector or the Drugs Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.].(17)A licensed druggist may import, export or transport such quantity of medicinal hemp and medicinal opium as may be specified in his license.(b)(1) The [State Drug Controller] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.] shall in respect of each license fix and shall record in the license the maximum quantity of medicinal hemp or medicinal opium which the licensee may possess at any one time for the purpose of vend or the manufacture of medicinal opium.(2)A licensed druggist may, subject to the conditions of his license, sell medicinal hemp or medicinal opium for medicinal purposes only and to the undermentioned persons :-(i)a medical practitioner, who (i) is either known to the licensed druggist, or (ii) 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 drug; provided that the licensee is satisfied with the medical practitioner of the order and on the delivery he receives from the genuineness of the order the signed order or an undertaking that the signed order will be furnished within twenty-four hours. If such signed order is not received within twenty-four hours, the licensee shall forthwith report full details of the transaction to an [Officer of the Drug Control Administration not below the rank of a Drug Inspector] [Substituted by Punjab Government Gazette Legislative Supplement : Part III dated 4.3.1980.];(ii)a druggist licensed under these rules or under any rules for the time being in force in any other State;(iii)any other person authorised under these rules;(iv)any person holding the prescription of a medical practitioner.(3)All prescriptions for the dispensing of such drugs shall be written out in Form D.D. 7 and the licensee shall be responsible that the prescriptions on the authority of which such drugs are to be sold, are made out in that form.(4)The licensee shall sell the drugs in such quantities and for the use of such persons only as may be specified in the prescription.(E)Licensed Chemists - D.D. 6 Licensees
