The East Punjab Drugs (Control) Act,
1949
Act 30 of 1949
LEGISLATIVE HISTORY
• Amended in part by Adaptation of Laws Order,
1950.
• Amended in party by Punjab Act 14 of 1950.
• Extended to the territories which immediately
before the 1st November, 1956, were comprised in the State of Patiala and East
Punjab States Union by Punjab Act No. 18 of 1958, Section 4
• Repealed in part by Regulation 1 of 1880
The East Punjab Drugs (Control) Act,
1949
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:
(2)
It extends to the whole of the Haryana.
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 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] 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 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 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 Government or such officer may direct.
8.
Refusal to sell. -
No dealer or producer shall, unless previously authorised to do so by the State 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 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;
[
* * *]
and
make such further orders as appear to the State Government or such officer
to be necessary or expedient in connection with any order issued under this
sub-section.
[(2)
* * *]
[3]
* * *
[4]
* * *
[5]
* * *
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 maintenance 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)
* * *]
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.
Courtesy:-
Legal Point Foundation
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