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State of Punjab - Act

The East Punjab Drugs (Control) Act, 1949

PUNJAB
India

The East Punjab Drugs (Control) Act, 1949

Act 30 of 1949

Published on 29 October 1949
Commenced on 29 October 1949
[This is the version of this document from 29 October 1949.]
[Note: The original publication document is not available and this content could not be verified.]

The East Punjab Drugs (Control) Act, 1949Act 30 of 1949For Statement of Objection and Reasons, see East Punjab Government Gazette Extraordinary, 1949, page 1092; and for proceedings in the Assembly, see East Punjab Legislative Debates, Volume IV, 1949, pages (6) 25-(6) 26.Received the assent of His Excellency the Governor on the 29th October, 1949, and was first published in the East Punjab Government Gazette Extraordinary, dated the 2nd November, 1949.An Act for the Control of Sale, Supply and Distribution of Drugs.It is hereby enacted as follows:

1. Short title and extent.

(1)This Act may be called the East Punjab Drugs (Control) Act, 1949.

(2)It extends to the whole of the [Punjab] [Substituted for the word 'Province' by the Adaptation of Laws Order, 1950.].

2. Interpretations.

(1)In this Act unless there is anything repugnant in the subject or context -

(a)"dealer" means a person carrying on, either personally or through any other person, the business of selling any drugs, whether wholesale or retail;

(b)"drug" means any drugs as defined in clause (b) of section 3 of the Drugs Act, 1940(XXIII of 1940), in respect of which declaration has been made under section 3.

(c)"offer for sale" includes a reference to an intimation by a person of the price proposed by him for a sale of any drug made by the publication of a price list, by exposing the drug for sale in association which a mark indicating price, by the furnishing of a quotation or otherwise howsoever;

(d)"producer" includes a manufacturer.

(2)A drug shall be deemed to be in the possession of a person -

(i)when it is held on behalf of that person by another person;

(ii)notwithstanding that it is mortgaged to another person.

3. Drugs to which this Act applies.

- The [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification, declare any drug to be a drug to which this Act shall apply.

4. Fixing of maximum prices and maximum quantities which may be held or sold.

- The [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by notification, fix in respect of any drug -(a)the maximum price or rate which may be charged by a dealer or producer;(b)the maximum quantity which may at any one time be possessed by a dealer or producer;(c)the maximum quantity which may in any one transaction be sold to any person.

(2)The prices or rates and the quantities fixed in respect of any drug under this section may be different in different localities or for different classes of dealers or producers.

5. Restrictions on sale etc. where maximum is fixed under section 4.

- No person or producer shall -

(a)sell, agree to sell, offer for sale or otherwise dispose of to any person any drug for a price or at a rate exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 4;

(b)have in his possession at any one time a quantity of any drug exceeding the maximum fixed by notification under clause (b) of sub-section (1) of section 4; or

(c)sell, agree to sell, or offer for sale to any person in any one transaction a quantity of any article exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 4.

6. General limitations on quantity which may be possessed at one time.

(1)No person shall have in his possession at any one time a greater quantity of any drug to which this section applies than the quantity necessary for his reasonable needs.

(2)This section shall apply only to such drugs as the [State] [ Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may, by order published in the official Gazette, specify for the purpose:Provided that nothing contained in his section shall apply to a dealer or producer in respect of any drug sold or produced by him.

7. Duty to declare possession of excess stocks.

- Any person having in his possession a quantity of any drug exceeding that permitted by or under this Act shall forthwith report the fact to the [State] [ Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or any other officer empowered in this behalf by it, and shall take such action as to the storage, distribution or disposal of the excess quantity as the [State] [ Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or such officer may direct

8. Refusal to sell.

- No dealer or producer shall, unless previously authorised to do so by the [State] [ Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or an officer empowerd in this behalf by it, without sufficient cause, refuse to sell to any person any drug within the limits as to quantity, if any, imposed by this Act.Explanation I. - The possibility or expectation of obtaining a higher price for a drug at a later date shall not be deemed to be a sufficient cause for the purpose of this section.

9. Cash memorandum to be given of certain sales.

(1)Every dealer or producer when selling any drug for cash shall, if the amount of the purchase is five rupees or more in all cases, and, if the amount of the purchase is less than five rupees when so requested by the purchaser, give to the purchase a cash memorandum containing particulars of the transaction.

(2)The [State] Government may, by notification, prescribe the particulars to be contained in any such cash memorandum.

(3)The [State] Government may, by notification exempt specified areas, classes of dealers or producers, or classes of drugs from the operation of this section.

10. Marking of price and exhibiting price list.

(1)The [State] Government, or any officer empowered in this behalf by it may direct dealers or producers in general or any dealer or producer in particular, to mark any drug exposed or intended for sale with the sale price or to exhibit on the premises a price list of drugs held for sale and may further give directions as to the manner in which any such direction as aforesaid is to be carried out.

(2)No dealer shall destroy, efface or alter any label or mark affixed to a drug and indicating the price marked by a producer.

11. Obligation to state price separately on composite offer.

- Where a dealer or producer makes an offer to enter into a transaction for a consideration to be given as a whole in respect both of a sale of any drug and of some other matter, the dealer or producer making the offer shall state in writing the price which he assigns to that drug, if he is required to do so by any person to whom the offer is made, and the offer shall be deemed for the purposes of this Act to be an offer to sell that drug at the price so stated.

12. Prohibition of sale, etc., and requisitioning of drugs.

(1)If in the opinion of the [State] Government or an officer empowered in this behalf by it is necessary or expedient so to do, it or, as the case may be such officer may, by order in writing, -

(a)prohibit the disposal; of any drug except in such circumstances and under such conditions as may be specified in the order;

(b)direct the sale of any drug to any such dealer or class of dealers and in such quantities as may be specified in the order;

[ * * *] [Clause (c) of sub-section (1) omitted by Punjab Act 14 of 1950.]and make such further orders as appear to the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or such officer to be necessary or expedient in connection with any order issued under this sub-section.

(2)[ * * *] [Sub-sections (2), (3), (4) and (5) omitted by Punjab Act 14 of 1950.][3] [Sub-sections (2), (3), (4) and (5) omitted by Punjab Act 14 of 1950.] * * *[4] [Sub-sections (2), (3), (4) and (5) omitted by Punjab Act 14 of 1950.] * * *[5] [Sub-sections (2), (3), (4) and (5) omitted by Punjab Act 14 of 1950.] * * *

13. Penalties.

(1)Whoever contravenes any of the provisions of this Act or of any direction made under authority conferred by this Act shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

(2)A court convicting any person of an offence punishable under this Act may order that the whole or any part of the stock of drugs in respect of which the offence was committed shall be forfeited to the Government.

(3)It shall not be a defence for a person charged with a contravention of any of the provisions of this section to prove that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person.

14. Offences by corporations.

- Where a person committing an offence punishable under this Act is a company or any association or a body of persons, whether incorporated or not, every director, manager, secretary, agent or other officer or person concerned with the management thereof, shall, unless he proves that the offence was committed without his knowledge, or that he has exercised all due diligence to prevent its commission, be deemed to be guilty of such offence.

15. Procedure.

(1)No person other than a police officer not below the rank of a Sub-Inspector of Police or other officer of corresponding rank authorised in this behalf by the [State] Government by notification, shall investigate any offence under this Act.

(2)No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the District Magistrate.

16. Powers of search and seizure.

- Any person competent to investigate any offence under this Act may search any place in which he has reason to believe that an offence under this Act has been or is being committed, and take possession of any stock of drugs in respect of which the offence has been or is being committed.

17. Power to make rules.

(1)The [State] Government may 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 maintainance by dealers and producers generally, or by any dealer or producer in particular, of records of all sale and purchase transactions made by them.

(b)the furnishing of any information as may be required with respect to the business carried on by any dealer or producer;

(c)the inspection of any books of account or other documents belonging to or under the control of any dealer or producer;

(d)[ * * *] [Clause (d) of sub-section (2) of section 17 omitted by Punjab Act, 14 of 1950, section 3.]

18. Protection of action taken in good faith.

- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

19. Saving of other laws.

- The provision of this Act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this Act.

20. Repeal of East Punjab Ordinance No. XXVII of 1949.

- The East Punjab Drugs (Control) Ordinance, 1949, is hereby repealed but the repeal shall not affect the previous operation or the validity of any thing done or any action taken under the said Ordinance.

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