The East Punjab Drugs (Control) Act, 1949

b 1949 : East Pb. Act XXX] DruGs (conTtROL) 429 THE EAST PUNJAB DRUGS (CONTROL) ACT, 1949 Sections. 1. 2. 3. 4 TABLE OF CONTENTS. Short title and extent, Interpretations. Drugs to which this Act applics. Fixing of maximum prices and maximum quantities which may be held or sold. Restrictions on sale, etc., where maximum is fixed under section 4. General limitations on quaniity which may be possessed at one time. Duty to declare possession of excess stocks. Refusal to sell. Cash memorandum to be given of certain sales. Marking of price and exhibiting price list. Obligation to state price separately on composite offer. Prohibition of sale, etc., and requisitioning of drugs. Penalties. Offences by corporation, Procedure. Powers of search and seizure. Power to make rules. Protection of action taken in good faith. Saving of other laws. X Repeal of East Punjab Ordinance, No. XXVII of 1949. 1949 : East Pb. Act XXX.] DRUGS (.CONTROL) 431 1EAST PUNJAB DRUGS (CONTROL) ACT, 1949, East Punjab Act No. XXX of 1949. [2nd November, 1949] [ Received the assent of His Excellency the Governor on the 29th Octoter, 1949, and first published in the East Punjab Government Gazette (Extraordinary) of November 2, 1949]. 1 2 -3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1949..‘ XXX East Punjab Drugs Amended in part by the Adaptation (Control) Act, 1949 | of Laws Order, 1950 Amended in part by Punjab Act XIV of 19502 Extended to the territories which, immedietely before the 1st November, 1956. comp-rised in the State of patiala and East Punjab States Union by Punjab A=t XVIII of 1958.2 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent subjects) Order, 1968 An Act for the Control of the Sale, Supply and Distribution of Drugs It is hereby enacted as follows.— ) o 1. (I) This Act may be called the East Punjab Drugs Short titlean (Control) Act, 1949. . ] (2) 1t extends to the whole of the 4[Union territory of Chandigarh]. . . . 2. (1) In this Act, unless there is anything repugnant Interpretations. in the subject or context,— ] i (@) “dealer” means a person carrying on, either personally or through any other person, the busi- ness of selling any drugs, whether wholesale or retail; ‘For Statement of Objects and Reasons, see East Punjab Government Gazette (Extraurggmr;), 1949, page 1092; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, 'Volume 1V, 1949, pages (6)25-(6)26. Gaset 2For Statement of Objects and Reasons, see Punjab Government Gazette (Extraonfinary). 1950, page 840; for proceedigngs in the Assembly, see Punjab Legislative Assembly Debates, Volume I, 1950, pages (4)43-(4)44( Repealed Ordi- nance No. VIL of 1950.) P sFor statemsnt of Objects and Reasons, see Punjab Govern (Extra-ordinary), 1958, pages 54K and 546L- i fireisiion «Substituted for the words “State of Punjab” by the Punjab Reorgan (Chandig‘;l:li)‘(uAdaptation of Laws on State and Concurrent Subjects) Order, 1968. ment Gazette 432 pRruGs (CONTROL) [1949 : East py, Act ) “drug” means any diug as defineq ; " ) OfISCCfiOIl 3 of the Drugs Act, 1940" L)'(dusc () 1940), in respect of which declaraioy, ]l,xlll of made under section 3; a ool ¢) “offer for sale” includes a reference ¢, , B mation by a person of the price Prop(ils%d'mi" him for a sale of any drug, made by the Pubj tion of a price list, by exposing the dry for 03 in association with a mark 1ngiicating p:iale by the furnishing of a quotati n o oth::’ wise howsoever; (d) “producer” includes a manufacturer, (2) A drug shall be deemed to be in the possession ofz person— (1) when it is held on behalf of that person by gy other person; (i) notwithstanding that it is mortgaged to another person. Drugs to . 3. The ’[Central Government] may, by notification, declare any drug to be a drug to which this Act shall apply. F ixing of énaxingml 4. (1) The '[Central Government] may, by notification, prices and maxi- E . mum quantities 11X in respect of any drug— which may be held or sold. (a) the maximum price or rate which may be charged by a dealer or producer; (b) the maximum quantity which may at any on¢ time be possessed by a dealer or producer; () the maximum quantity which may in any 0% fransaction be sold to any person. (2) The prices or rates and the quantities fixed jntreisn' pect of any drug under this section may be differen i g'fferent localities or for different classes of dealers of P ucers. ) . nisalio” *Substituted for the words “*State Government” by the Punjab Reore® (lggg ndigarh) (Adaptation of Laws on State and Concurrent Subjects) O14°% 1949 : East Pb. Act XXX.] Drugs (conTROL) 5. No dealer or producer shall— 433 Restrictions on sale, etc., where (a) sell, agree to sell, offer for s maximum is fixed ale or otherwise dis- under soction 4 pose of to any person any drug for a price or at a rate exceeding the ma ta ximum fixed noti- fication under clause (a) of sub-sectiony(l) of section 4 ; (b) havein his possession at any one timea 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. (I) No person shall have in his possession at any General ligmafigp:h one time a greater quantity of any drug to which this sec- 9nauantity whi . . may be possesed tion applies than the quantity necessary for his reasonable at one time. needs. (2) This section shall apply only to such drugs as the 1[Central Government] may, by order published in the official Gazette, specify for the purpose : Provided that nothing contained in this section shall apply to a dealer or producer in respect of any drug sold or produced by him. . Any person having in his possession a quantity of DuY to%zclareor any ZirugA e)l(lcgeding that pgermitted by or under this Act P oess stocks. shall forthwith report the fact to the [Central Government] or 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 Y[Central Government] or such officer may direct. 8. No dealer or producer shall, unless previously Refusal tosell. authorised to do so by the '[Central Government] or an officer empowered in this behalf by it, without sufficient cause, refuse to sell to any person any drug within the limits as quantity, if any, imposed by this Act. « » . isation i ¢ the words “State Government” by the Punjab Reorganisal (Chan(;isg‘;.l:]il)m(lxgagc:afio: by of Laws on State and Concurrent Subjects) Order, 1968. 434 DRUGS (CONTROL) [1949 : Eqg Ph. 4y i g sibility or expectatjon Explanation—The possibili OF chs price !‘orc:l\’:lrnl:g” n’l a later date shall not be deemed to be ; (g j, for the purpose of this section, \ gy o boworindum 9. (]) Every dealer or producer Wwhen ey, grtg?ngslzfi;. of drug for cash shall, if the amount of the pUFChasegi Ay Tupees or more, inall cases, and, if the amoy, : nt of gy, fy chase is less than five rupees, when so requested by chaser, give to the purchaser a cash memo taining particulars of the transaction. Pur. the randum &g (2) The Y[Central Government] may, by Totificagiy, prescribe the particulars to be contained nany g cagh memorandum. (3) The [Central Government] may, by Notificatiop, exempt specified areas, classes of dealers or Dproducers, o classes of drugs from the operation of this section. Marketing of price 10. (1) The "[Central Government], or an officer en. ;;'l_ge e;gh!ibiting powered in this behalf by it, may direct dealers or producers 1st, 3 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 shal] destroy, efface or alter any label or mark affixed to a drug and indicating the price marked by a producer, Obligation to st 11. Where a dealer or producer makes an offer to Price separately on int 4 composit oftey, ' €Nter into a transaction for 2 whole in respect both of some other matter, the deg) — . - AT . isatio® ISubstituted for the wors “State G " by the Punjab _ Reorganis (Chamdxgarh) (Adaptation of Laws on Statgmné?;cuflgnt gubjeéts) Order, 1968 o 1949 : East Pb. Act XXX.] Drugs (CONTROL) 435 12. (D) Ifinthe opinion of the [Central G or an officer empowered in this behalf [by i, i&dis ]:)e\g;rsrslzt;:;not; expedient so to do, it or as the case may b y may, by order in writing,— y be such officer (@) prohibit the disposal of an i g _ 2 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 ; 3 ES PEY - * and make such further orders as appear to the [Ceitral Government] or fuchofficer to be n.c ssary or ex edient in connzction with any o-der issued under this sub-sect o 1. & £ 2% S * 13. (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 or drugs in respect of which the offence was committed shall be forfeited to the Government. (3) Itshall 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 employ- ment as a servant or agent of another person on the ins- tructions of his employer or of some other specified per- son- 14. Where a person committing an offence punishable under this Act is a company or an association or a body of persons, whether incorporated or not, every director, manager, secretary, agent or other officer or person concern- ed 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 com- mission, be deemed to be guilty of such offence. «State Government” by the Punjab Reorganisation Substituted for the worcs on State and Concurrent subjects) Order, 1968. Chandigarh) (Adpatation of Laws . 2Clause (c) of sub-section (1), and sub-sections (2), (3), () and (5 omitted by Punjab Act XIV of 1950, section 2. Prohibition of sale, ctc., and _requisi- tioning of drugs. Penalties. Offences by corpora- tions. 436 DRUGS (CONTROL) [1949 - East pj, Procedure, . 15. (1) No person other than a poj; " low the rank of a Sub-Inspector of Po}l)icecgrog Ot _corresponding rank authorised in thig behg '[Central Government] by notification, sha]] i by the any offence under this Aect. Myeg, (2) No prosecution for any offence pyp; this Act shall be instituted except with the pl;evil;:;:ble Unde, of the District Magistrate. Sanc; Powers of search and seizure 16. Any person competent to investigyt e under this Act may search any place in Whjcgh ;ea’?; Offeng, to believe that an offence under this Act hag beep 2500 eing committed, and take Possession of any gt fdor & in respect of which the offence has been or is being cr s mitted. om. Power to make 17. (1) The '[Central Governme A nt] may make to carry out the burposes of this Act. s ruls (2) In particular and without prejudice the generality of the foregoing pbower, such rules may pro- vide for all or any of the following matters, namely (@) the maintenance by dealers and producers generally, or by any dealer or producer in partj- cular, or 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 ; (¢) the inspection of any books of account or other documents belonging to or under the control of any dealer or producer ; xd) * % * * % « % ¥ . nisatio? ISubstituted for the words “State Government” by the Puma%‘g‘;‘)’moflcf‘v (Chandigarh) (Adaptation of Laws on State and Concurreat Subj 1968, of o Act XIV *Clause (d) of sub-section (2) of section 17 omitted by Punjab A 1950, section 3, 1949 : East Pb. Act XXX.] DRUGS (CONTROL) 437 18. No suit, prosecution or other legal proceeding Protection of action shall lie against any person for anything in good faith takenin good done or intended to be done under this Act. 19. The provisions of this Act shall be in addition Saving of ~other 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. The East Punjab Drugs (Control) Ordinance, gepea of past 1949, is hereby repealed but the repeal shall not affect the Punjab Ordinance previous operation or the validity of anything done or NgXXVIfof any action taken under the said Ordinance.