Section 64(2) in The Drugs and Cosmetics Rules, 1945
(2)In granting [***] [Amended by Notification No. F. 1-16/57-D, dated 15.6.1957 and Notification No. F. 1-19/59-D, dated 13.6.1961.] a license under sub-rule (1) the authority empowered to grant it shall have regard-(i)[ to the average number of licenses [granted or renewed] [Substituted by Notification No. F. 1-19/59-D, dated 13.6.1961.] [during the period of 3 years immediately preceding, and] [Substituted by Notification No. F. 1-19/59-D, dated 13.6.1961.](ii)[ to the occupation, trade or business ordinarily carried on by such applicant during the period aforesaid: [Amended by Notification No. F. 1-16/57-D, dated 15.6.1957 and Notification No. F. 1-19/59-D, dated 13.6.1961.]Provided that the licensing authority may refuse to grant [***] a license to any applicant or licensee in respect of whom it is satisfied that by reason of his conviction of an offence under the Act or these rules, or the previous cancellation or suspension of any license [granted or renewed] [Substituted by G.S.R. 681(E), dated 6.6.1988 (w.e.f. 6.6.1988).] thereunder, he is not a fit person to whom a license should be [granted or renewed] [Substituted by G.S.R. 681(E), dated 6.6.1988 (w.e.f. 6.6.1988).] under this rule. Every such order shall be communicated to the licensee as soon as possible:[Provided further that in respect of an application for the grant of a license in Form 20-B or Form 21-B or both, the licensing authority shall satisfy himself that the premises in respect of which a wholesale license is to be [Substituted by G.S.R. 681(E), dated 5.12.1980 (w.e.f. 5.12.1980).] [granted or renewed] [Substituted by G.S.R. 681(E), dated 6.6.1988 (w.e.f. 6.6.1988).] are-](i)of an area of not less than ten square metres; and(ii)[ in the charge of a competent person, who-(a)is a Registered Pharmacist, or;(b)has passed the matriculation examination or its equivalent examination from a recognized Board with four years' experience in dealing with sale of drugs, or;(c)holds a degree of a recognized University with one year's experience in dealing with drugs:][Provided also that-(i)in respect of an application for the grant of a license in Form 20 or Form 21 or both, the licensing authority shall satisfy itself that the premises are on an area of not less than 10 square meters, and(ii)in respect of an application for the grant of a license-(A)in Form 20 or Form 21 or both, and(B)in Form 20-B or Form 21-B or both, the licensing authority shall satisfy itself that the premises are of an area not less than 15 square metres:Provided also that the provisions of the preceding proviso shall not apply to the premises for which licenses have been issued by the licensing authority before the commencement of the Drugs and Cosmetics (1st Amendment) Rules, 1997.] [Inserted by G.S.R. 91(E), dated 25.2.1997 (w.e.f. 25.2.1997).]
