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The Bombay Drugs (Control) Act, 1959 Complete Act - Bare Act

StateMaharashtra Government
Year
Act Info:
THE BOMBAY DRUGS (CONTROL) ACT, 1959

THE BOMBAY DRUGS (CONTROL) ACT, 1959

[Bombay Act No. XI 1960]

[9th February, 1960]

Adapted
and
modified by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Amended by Mah. 51 of 1971. Amended by Mah. 52 of 1973 (14-1-1974)2

An Act to provide for the control, in the interests, of the
general public, of the sale,
possession, transport and use of certain drugs.
WHEREAS it is expedient to provide for the control, in the interests of the general public, of the sale, possession, transport and use of certain drugs, and for certain other purposes ; It is hereby enacted in the Tenth Year of the Republic of India as follows :"

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1)
This Act may be called the Bombay Drags (Control) Act, 1959.

(2)
It extends to
the whole
of
the'[State of Maha rashtra].

(3)
It shall come into force on such date 2as the State Government
may, by notification
in
the Official Gazette, appoint.

SECTION 02: DEFINITIONS

In this Act, unless the context other wise requires -

(a) "Collector" includes any person appointed by the State Government to exercise all or any of the powers, or to perform or discharge all or any of the
duties or functions, of a Collector under this Act;

(b) "dealer"
means
a
licensed
wholesaler, or licensed retailer ;

8
[(c) "Commissioner" means the Commissioner of Prohibition and Excise appointed under the Bombay Prohibition Act, 1949 and includes any officer on whom the State Government may confer all or any of the powers, duties and functions of the Commissioner under this Act;]

(d) "drug" means (i) a medicine for internal or external use of human beings or animals, or (it) substances intended to be used for or in the treatment, mitigation or prevention of disease in human beings or animals, to which medicine or substances this Act is
declared
to be applicable under sub-section (1) of Section 6;

(e)
"household"
means a group of persons nor mally residing and messing jointly as members of one domestic unit, but does not include a servant ;

(f) "licensed retailer" means a retailer holding a licence under section 7 ;

(g) "licensed
wholesaler"
means
a
wholesaler holding a licence under section 7 ;

(h) "medical practitioner" means a person who practises any system of medicine (including surgery and obstetrics) and is registered in any register, or is entered on any list, maintained under any law for the time being in force which entitles him to practise in the State, or is otherwise by or under any such law entitled or allowed to practise in the State; and includes a registered dentist within the meaning of the Dentists Act, 1948, and also a registered veterinary practitioner within the meaning of the Bombay Veterinary Practitioners Act, 1953, or any law corresponding thereto in force in any part of the State;

(i) "notified drug" means a drug which has been notified by the State Government to be a notified drug under Section 6 ;

(j) "prescribed" means prescribed by rules made under this Act ;

(k) "prescription" means a prescription issued by a medical practitioner ;

(1) "retailer" means a person who carries on the business of selling any notified drug otherwise than by whole sale, and does not include a medical practitioner ; and the expression "to sell by retail" shall be construed accordingly;

(m)
"State" means the *[State of Maharashtra];
(n) "to transport" means to move, from one place to another, within the State;

(o) "wholesaler" means a person who carries on the business of selling any notified drug for the purpose of resale; and the expression "to sell by wholesale" shall be construed accordingly,

1.
These words were substituted
for the
words "State of Bombay" by the Maharashtra
Adaptation
of Laws
(State and Concurrent Subjects) Order, 1960.

2.
1st day of January, 1962
(vide G.N., H.D., No. BDC.
1059/37596-III, dated
18th November, 1961).
3.
This clause was substituted by Mah. 52 of 1973, s. 3, Sch.

SECTION 03: [COMMISSIONER] OF PROHIBITION AND EXCISE

The *[Commissioner] shall
be subject
to
the control of the State Government
and
shall,
subject
to such general or special orders as the State Government may, from time to time, give or issue, exercise such powers,
perform
such duties and dis charge such functions as are conferred or imposed upon him, by or under the provisions of this
Act and he shall superin tend the administration and carry out generally the provisions of this Act.

SECTION 04: POWERS OF COLLECTOR

(1) A Collector shall, with in the limits of his jurisdiction, exercise such powers, perform such duties, and discharge such functions, as are conferred or imposed upon him by or under the provisions of this Act.

(2) The State Government may, by notification in the Official Gazette, appoint any person other than the Collector to exercise in any district or place all or any of the powers and perform all or any of the duties and functions as are assigned by or under this Act to a Collector subject to such control, if any, in addition to that of the *[Commissioner] and of the State Government as the State Government may from time to time direct.

SECTION 05: CONTROL OF THE *[COMMISSIONER] ON OFFICERS EMPOWERED UNDER THIS ACT

In the
exercise
of their powers and the performance or discharge of their duties and functions under the provisions of this Act, or the rules or orders made thereunder, all officers empowered under this Act shall, subject to the general or
special
orders
of the
State Government, be subordinate to and under the control of the *[Commissioner]and
shall be bound to follow such orders as he may from time to time give or issue.

SECTION 06: DRUGS TO WHICH THIS ACT APPLIES AND NOTIFIED DRUGS

(1) The State Government may, by notification in the Official Gazette, declare any drug to be a drug to which this Act applies.
(2) If the State Government is satisfied that a drug is used in a manner injurious to health, the State Government may, by notification in the Official Gazette, specify such drugs as a notified drug.

SECTION 07: REGULATION OF BUSINESS OF WHOLESALER OR RETAILER IN NOTIFIED DRUGS

From such date as may be fixed by the State Government
by
notification
in the
Official Gazette in this behalf, no person shall carry on the
business
of a wholesaler or retailer in any notified drug except
under,
and in
accor dance with, the terms and conditions of a licence granted by the Collector under this Act.

SECTION 08: SALE BY RETAILER

No licensed retailer shall sell any notified drug unless such drug has been obtained by him from a licensed wholesaler.

SECTION 09: POWER OF DEALER TO
SELL TO
MEDICAL PRACTITIONER AND PERSON AUTHORISED UNDER SECTION 14 ; SALE BY MEDICALS PRACTITIONER

(1)
Subject to the provisions of Section 10, a dealer may sell any notified drug to a medical practitioner, or to a person authorised under Section 14.

(2)
No medical practitioner shall sell any notified drug unless the drug has been obtained by him from a dealer.
SECTION 10: MAXIMUM QUANTITY OF SALE BY DEALER

No dealer shall sell by
wholesale or retail, in
any one transaction, any notified drug to any person
in excess of such quantity
or
quantities as the State Government may, by notification in the Official Gazette, determine for the purpose :

Provided that
, in determining the maximum quantity of a notified drug which may be sold, the State Government may fix different maxima for the sale of different notified drugs, and in respect of sales by different classes of wholesalers and retailers to different persons or classes of persons.

SECTION 11: LICENSED RETAILER AND MEDICAL PRACTITIONER NOT TO SUPPLY
NOTIFIED DRUG FOR
PURPOSES OTHER
THAN MEDICINAL AND EXCEPT UNDER PRESCRIPTION

(1) A licensed retailer shall not supply any notified drug in his possession to any person (not being a medical practitioner or a person duly authorized under Section 14) for a purpose other than a bona fide medicinal purpose, and except on a prescription issued by a medical
practitioner.

(2) A medical practitioner shall not supply any notified drug in his possession to any person for a purpose other than a bona fide medicinal purpose, and except under a prescription issued, by him or another medical practitioner.

(3) Any prescription
issued
for the purpose of sub section (1) or (2) or copies thereof and other records shall be maintained in such manner, and preserved for such period, as may be prescribed.

SECTION 12: REGULATION OF POSSESSION OF NOTIFIED
DRUG

(1) Subject to the provisions of Section 14, no person shall have in his possession any notified drug"

(a) (i)
if
he
be a dealer, at any one time or during such period or periods
as
the State Government may specify, or

(ii) if he be a medical practitioner, at any one time save with the previous permission of the Collector in writing, in excess of such quantity or quantities as the State Govern ment may, by notification in the Official Gazette, determine in this behalf;
(b) if he is not a dealer
or medical practitioner, in excess of such
quantity as has
been at any one time
dispensed or sold on prescription for a bona-fide medicinal use to him or to a member of his household, except under a per mit granted by an officer duly empowered by the State Government in this behalf : Provided that nothing in this clause shall apply to a traveller entering the State from any place outside it and possessing a notified drug for bona-fide medicinal use of himself or of the members of his household, accompanying him.

(2) In fixing the maximum quantity of a notified drug which may be possessed under this section the State Govern ment may fix different maxima for the possession of different notified drugs, and in respect of their possession by different classes of wholesalers and retailers.

SECTION 13: REGULATION OF TRANSPORT OF NOTIFIED DRUGS

Subject to the provisions of this section and section 14, no person -

(a) being a dealer, shall transport any notified drug, except under a pass granted by an officer duly em powered by the State Government in this behalf;

(b)
being a medical
practitioner,
shall transport any notified drug in excess
of the
quantity
which he is per mitted to possess under the
provisions
of clause (a) of sub section (1) of Section 12 ;

(c)
being a person other than a dealer or medical practitioner, shall transport any notified drug in excess of the quantity which has been at and one time dispensed or sold on prescription for the bona-fide medicinal use of himself or of a member of his household, except under a pass granted by an officer duly
empowered by
the State Government in this behalf:
Provided that
, nothing in this section shall apply to "

(a)
a traveller entering the State from any place outside
it.
and
possessing
a
notified
drug
for bona-fide medicinal use of himself
or of a member
of his
household accompanying him ; or
(b)
through transport of any notified drug from a place outside the State of Bombay,* to another place outside thereof.

SECTION 14: REGULATION OF POSSESSION OR TRANSPORT OF NOTIFIED DRUGS BY CERTAIN PERSONS

Notwithstanding anything contained in Section 12 or 13, the Collector may, by a general or special order, authorise"

(a)
any
person in charge
or management of a hospital or dispensary, to possess or transport,

(b)
any person in charge of an educational
insti tution, to possess or transport for use for educational purposes only,

(c)
any person
engaged in
scientific research, to possess or transport for use for scientific research only,

(d)
a pilot of an aircraft, to possess or transport for use in an emergency on the aircraft,

(e)
any person in charge of an ambulance or first-aid station or first-aid box, to possess or transport for use in an emergency,

(f)
a chemist to
possess or
transport, for use in dispensing as an ingredient of a medicine,

(g)
any manufacturer of a medicine to possess or transport, for use in the manufacture thereof, any notified drug in such quantity, in
such
manner, and sub ject to such conditions as may be specified in such order.
SECTION 15: SALE, POSSESSION AND TRANSPORT OF NOTIFIED DRUG BY ANY PERSON ON ACCOUNT OF ANOTHER
(1) Whenever any notified drug is sold, possessed or transported by any person on account of any other person, and such person knows or has reason to believe that such sale, possession or transport is on his account, the notified drug shall for the purposes of this Act be deemed to have been sold, possessed or transported also by such other person.
(2) Nothing in sub-section (1) shall absolve any per son from liability to any punishment under this Act for the unlawful sale, possession or transport of such notified drug.

SECTION 16: REGULATION OF SALE, ETC., OF NOTIFIED DRUGS FOR PUR POSES OF SAMPLE

Nothing in this Act shall apply to the sale, possession or transport in the normal course of business by a bona-fide chemist,
druggist or
manufacturer of drugs or by his servant or agent duly authorised by him
in this behalf of any
notified
drug,
not exceeding
such quantity as may be prescribed, for the purposes of sample.

SECTION 17: SALE MEMORANDUM TO BE GIVEN IN RESPECT OF SALES

(1) Every dealer when selling any notified drug shall give to the purchaser a memorandum of sale containing particulars of the sale, and obtain the purchaser's signature on the counterfoil of such memorandum.

(2) The State Government may, by notification in the Official Gazette, prescribe the other particulars to be contained in such memorandum of sale and counterfoil thereof.

SECTION 18: POWER TO SUSPEND OR CANCEL LICENCE, ETC

(1)
The Collector may, after giving the holder of a licence, permit or pass granted or issued
under
this Act, a reasonable oppor tunity of being heard,
suspend
such licence, permit or pass for such period as may be necessary, or cancel the same,"

(a)
if any
fee payable by the holder thereof has not been duly paid ;
(b)
in
the event of any breach by the holder of such licence, permit or pass or by his servant or anyone with his express or implied permission
on his behalf of any of the terms and conditions of such licence, permit or pass;

(c) if the holder of such licence, permit or pass or any person in the employ of such holder, or any person acting with his express or implied permission on his behalf, is convicted of an offence under this Act, or if the holder thereof is convicted of an offence, under the Bombay Prohibi tion Act, 1949, or under the Dangerous Drugs Act, 1930, or the Drugs Act, 1940.

(2)
If
the
licence,
permit
or pass is suspended or cancelled
for
any
reason,
the
holder thereof shall not be entitled to any compensation for such suspension or cancella tion, or to the refund of any fee paid in respect thereof.

(3)
The Collector may refuse to grant a licence, permit or pass to any person if"

(a)
a
licence,
permit
or
pass granted to such person under
this
Act has been previously suspended or cancelled, or

(b)
such person has been convicted of any offence punishable under this
Act,
or the Bombay Prohibition Act, 1949 or under the Dangerous
Drugs Act, 1930, or the Drugs Act, 1940.

(4)
The Collector may
also refuse to grant of licence, permit or pass to any firm of which the
person referred to in sub-section (3)
is
a
partner, or to any person to whom the business of such person has been transferred.

SECTION 19: EVASION OF PROVISIONS

No person shall wilfully-

(a)
give any false information, or

(b)
refuse
to
give
any
information
lawfully demanded from him under this Act or
the rules
or
orders made thereunder, or

(c)
with
a
view to preventing the disclosure of any
information
contained
therein alter by cancellation, or otherwise destroy,
mutilate
or
deface any book,
register, licence, permit, pass or other document.
SECTION 20: POWER TO OBTAIN INFORMATION

The *[Commissioner] or Collector or
any
officer empowered in this behalf by the
State Government may, by order, direct any person to furnish to any specified
authority
or
person, any such information in his possession
concerning
any notified drugs,
as may be
specified in the order.

SECTION 21:
PENALTY


(l)
Whoever contravenes any of the provisions of this Act or of any rule, order or notification made or issued thereunder, or fails to comply with any direc tion made under authority conferred by this Act, shall, on conviction be punished"

(i) for a first offence, with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees ;

Provided that
, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees ;

(ii) for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees :

Provided that
in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;

(iii) for a third or subsequent offence, with impri sonment for a term which may extend to three years and with fine which may extend to five thousand rupees :

Provided that
, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such
imprisonment shall not be less than one year and fine shall not be less than two thousand and five hundred
rupee.

(2) In the event of any breach by the holder of any licence, permit or pass granted
under this Act or by his servants or by
any person acting with his express or implied
permission on his behalf of any of the terms or conditions of such licence, permit or pass, such holder shall, in addition to the cancellation or suspension of the licence, permit or pass granted to him, be punished, on conviction, with imprison ment fora term which may extend to six months or
with fine which may extend to five hundred rupees or with both, unless it is proved that all due and reasonable precautions were exercised by him to prevent any such breach.

Any person who commits any such breach shall, whether he acts with or
without the permission of the holder of the licence, permit or pass, shall be liable to the same punishment.

SECTION 22: OFFENCES BY COMPANIES

(1) If the person committing an offence under this Act is a company, the company as well as every person incharge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that
, nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was, committed without his know ledge, or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been commit ted with the consent or connivance of or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.


Explanation
:"For the purposes of this section,"

(a)
"company" means by any body corporate and includes a firm or other association of individuals, and

(b)
"director"
in
relation
to
a
firm means a partner in the firm.

SECTION 23: MAGISTRATE'S POWER TO IMPOSE HIGHER PUNISHMENT

Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898, it shall be lawful for any Presidency Magistrate or a Magistrate of the First Class specially empowered by the State Government in this behalf to pass any sentence authorised under section 21 in excess of his powers under section 32 of the said Code.

SECTION 24: THINGS LIABLE TO CONFISCATION

Whenever
any offence punishable under this Act has been committed"

(a)
any
notified
drug in
respect
of which the offence has been committed ;

(b)
any notified drug lawfully
transported
or in the possession of the offender along with, or in
addition to, the notified drug in respect of which
the
offence
has
been committed ;

(c)
the receptacles, packages
and
coverings
in which any notified drug referred to in clause (a) or clause (b), is found and the other contents, if any, of
such
receptacles, packages and coverings, and
the
animals,
carts,
vessels or other conveyance used in carrying any such notified drug, shall be liable to confiscation.

SECTION 25: PROCEDURE IN CONFISCATION

(1)
Where during the trial of a case for an offence under this Act, the Court decides that anything is liable to confiscation
under
Section
24, the Court may, after hearing the
person,
if
any,
claiming any right thereto and the evidence, if
any, which
he produces in support of his claim, order confiscation or in the case
of any article other than a notified drug give the owner an option to pay such fine as the Court deems fit in lieu of confiscation:

Provided that
, no animal, cart, vessel,
vehicle or other conveyance shall be confiscated if the owner thereof satisfies
the Court that he had exercised due
care
in
preventing the commission of the offence.

(2) Where an offence under this Act has been committed, and the offender is not known or cannot be found, or where anything liable to confiscation under this Act if found or seized, the Director, Collector or any other officer autho rised by the State Government
in this behalf may make an inquiry and, if after such inquiry is satisfied that an offence has been committed, may order the
thing found or seized to be confiscated:

Provided that
, no such order shall be made before the expiry of one month from the date of finding or seizure, or without hearing the person, if any,
claiming any right thereto and the evidence, if any, which he produces in support of his claim.

(3) Where any article found or seized under this section is liable to speedy and natural decay, or if the Court, Director, Collector, or the officer authorised by the State Government in this behalf, is of opinion that the
sale
would

be for the benefit of the owner, the Court, Director, Collector, or the officer, may at any time direct it to be sold, and the provisions of this section shall apply so far as may be to the
net proceeds of the sale :

Provided that
, in the case of anything liable to speedy and natural decay, the Court or officer concerned may order it to be destroyed
if
in
its or his
opinion
such
order is expedient in the circumstances of the case.

SECTION 26:
INSPECTORS AND PROCEDURE

(1) For the purposes of this Act, the Director may, be notification in the Official Gazette, appoint such persons or officers as he thinks
fit, to
be Inspectors within such local limits
as he may
assign
to them.

(2)
No offence under this Act shall
be
investigated except by an Inspector appointed under sub-section (1).

SECTION 27: NO PROSECUTION
WITHOUT SANCTION

No prosecution for any offence punishable under this Act shall be
instituted, except with the
previous
sanction
[in any area for which a Commissioner of Police is appointed, of the Commissioner of Police] and elsewhere of the District Magistrate.

SECTION 28: POWER TO
SEARCH
AND
SEIZE

An Inspector may enter and search any place in which he has
reason to believe that an offence under this Act,
has been, or is
being
or is likely to be, committed, and may seize any notified drugs and other things which he has reason
to believe to be
liable
to confiscation
under
this
Act, and
any
document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act ; and he may detain and search any person whom he has reason to believe to have committed an offence
punishable under
this Act.

SECTION 29: POWER TO SEARCH AND SEIZE NOTIFIED DRUGS, ETC., IN OPEN PLACE

An Inspector or any person
authorised in
this behalf by the State Government, may"

(a)
seize in any open
place, or in
transit,
any notified drug or any other
thing which
he
has
reason
to believe to be liable to confiscation under this Act;

(b)
detain and search any
person whom
he has reason to believe to have
committed
an offence punishable under this Act, and if such
person has any
notified
drug or any other thing in his
possession,
which he
has
reason to believe to be liable to confiscation under this Act, seize it.

SECTION 30: PROCEDURE FOR SEARCH AND
SEIZURE

The provisions of the Code of Criminal Procedure, 1898, shall, so far as may be applicable, apply to any search or seizure under this
Act as they apply to
any
search
or
seizure
made
under
the authority of a warrant issued under Section 98 of that Code.

SECTION 31: POWER TO INSPECT
PREMISES OF
LICENSED DEALERS

(1)
The Director or Collector, or any officer duly authorized in this behalf by the State Government, may"

(a)
require a dealer, or a person
in
the
employ of such dealer or acting with his express or implied permission on his behalf, to produce the
licence issued
under
this Act under which he carries
on the
business of a
wholesaler or retailer in notified drugs ;

(b)
enter and inspect, at any time by day or night, any shop or premises in which a dealer
or
medical
practi tioner
stores
or
sells
or
dispenses
notified
drugs, and examine,
test,
measure
or
weigh
any
stock
of any such notified drugs or cause any such stock to be examined, tested, measured or
weighed
and
may take a
sample
(on payment therefor) for the purpose in
accordance with
rules made in that behalf.

(2) If such officer finds that the holder of a licence issued under this Act, or a person in the employ of such holder, or acting with his express or implied permission on his behalf, wilfully does, or omits to do, anything which is an offence under this Act, such officer may seize any stock of notified drug in respect of which the offence is committed, and shall forthwith send a report to his official superior for such action as he deems fit.

SECTION 32: APPEALS

(1) All orders passed under this Act by any officer other than the Collector or the Director, shall be appealable to the Collector, at any time within sixty days from the date of the order complained of.

(2) All
orders
passed
by
the
Collector
and
the Director shall be appealable to the
Director
and
the
State Government, respectively, at any
time
within
ninety
days from the date of the order complained of:

Provided that, no appeal shall
lie
against
an
order passed by the Director on appeal.

(3) Subject to the foregoing
provisions,
in
deciding appeals under this section,
the
Collector and the
Director shall follow such procedure as may be prescribed.

SECTION 33: REVISION

The State Government
may call
for and
examine the record of any proceedings before any officer exercising any power or
performing or discharging any duty or function under this
Act
(including
that
relating
to the grant or refusal of a licence, permit or pass),
for the purpose of satisfying itself as to the correctness,
legality or propriety of any order passed in,
and
as to
the
regularity
of,
such proceedings, and may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.

SECTION 34: BAR OF PROCEEDINGS

No suit or proceeding
shall lie against the Government or against
any officer or
against any person empowered to
exercise powers
or
to
perform duties or discharge functions under this Act, for
anything in good faith done or purporting to be done under this Act;

SECTION 35: PUNISHMENT FOR VEXATIOUS ENTRY, SEARCH OR SEIZURE

Any Inspector or person authorised by the State Government under Section 29, who "

(a)
without
reasonable
grounds
of
suspicion enters or searches or causes
to be
entered or searched,
any building, vessel or place ; or

(b)
vexatiously and unnecessarily seizes the
pro perty of any person on the
pretence
of seizing or
searching for any notified drug or other article liable to be confiscated under Section 24 or of seizing any document or other
article liable to seizure under section 28 or 29 ; or

(c)
vexatiously
and
unnecessarily
detains
or searches any person,
shall be punished with fine which may extend to five hundred-rupees.

SECTION 36:
LIMITATION OF PROSECUTIONS OR SUITS AGAINST OFFICERS

All prosecutions
of
any
officer
or
person
empowered to exercise powers or to perform duties or discharge functions under this
Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards ; and any such action shall be
dismissed "

(a)
if the plaintiff does not prove that, previously to bringing such action, he has
presented all such appeals or applications for revision allowed
by or under
this Act or by or under any other law for the time being in force, as
within the aforesaid period
of
four
months
it
was
possible
to present ; or

(b)
in the case of an action for damages, if the tender of sufficient amends has been
made before
the
action
was brought, or if after the institution of the
action a
sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.

SECTION 37: GENERAL
POWERS OF STATE GOVERNMENT


Notwithstanding
anything contained in this Act or the rules, notifica tions or orders made or issued thereunder, the State Govern ment may, by general or special order,"

(a)
exempt, subject to such conditions as it
may deem fit to impose, any person or class
of
persons,
or any institution or class of institutions, from the operation
of all any of the provisions of the Act, or any rules or orders made, or any condition of a licence, permit or pass
granted,
there under ;

(b)
prescribe the number of
places at which any notified drug specified in such order may be sold in any area;

(c)
prescribe the procedure to be followed before granting any licence, pass or permit;

(d)
specify
the
persons or classes of persons to whom licences
or
permits or
passes under this Act may or
may not be granted ;

(e)
issue such
other
instructions
in any matter pertaining to the grant or
otherwise of
licences, permits or
passes under this Act as it may deem proper ;

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

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

(h) issue such further directions as appear to it to be necessary or expedient in connection with any order
made under this section.

SECTION 38: DELEGATION

The
State
Government
may, by notification
in the
Official Gazette,
direct that any
power exercisable by it or
by the
Director or Collector under this Act
shall, subject
to such
conditions
(if any)
as
may be specified in the notification, be exercisable also by any officer specially empowered in this behalf by the State Government.

SECTION 39:
PROVISIONS OF
THIS ACT NOT TO APPLY TO
NOTIFIED DRUGS WHICH
ARE
THE
PROPERTY
OF GOVERNMENT

Save
as may be expressly provided in any rule or order made under this Act, nothing in this Act shall apply to notified drugs which are the property of, and in the possession of or on behalf of, Govern ment:

Provided that, such drugs shall not be sold or delivered to any person who, under the provisions of this Act or under any rules or orders made thereunder, is not entitled to their
possession.

SECTION 40: POWER TO
MAKE RULES

(1)
The State Govern ment may make rules to carry out the purposes of this Act.

(2) In particular, but without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely:"

(a)
the
manner in
which prescriptions
or copies thereof and other record shall be
maintained, and
the period for which they shall
be preserved,
by
medical practitioners and licensed retailers, under Section 11 ;

(b)
prescribing the quantity
of notified drug for the purposes of sample under Section 10 ;

(c)
prescribing
the
other particulars to be con tained in a memorandum of sale under Section 17 ;

(d)
the manner in which, and conditions subject to which, samples may be taken and the procedure to be followed therefor under clause (b) of sub-section (1) of Section 31;

(e)
prescribing the
procedure
to be followed in deciding appeals under Section 32 ;

(f) prescribing the number of places at which any notified drug may be sold in any area and the procedure to be followed before granting licences, permits and passes ;

(g) prescribing the forms of licences, permits or passes granted under the Act, the terms and conditions on which such licences, permits or passes may be granted, the forms of applications for such licence, permits or passes, and the fees payable in respect thereof ;

(h) the maintenance and preservation by dealers generally, or by any class of dealers of records and accounts of all sale and purchase transactions made by them, or of the stocks of notified drugs in their possession ;

(i) the furnishing of any such information as may be required with respect to the business or profession carried on by any dealer or any medical practitioner ;

(j) prescribing the accounts to be maintained and the returns to be submitted by a licence-holder, pass-holder, permit-holder or medical practitioner ;

(k) the inspection of any books of accounts or other documents relating to notified drugs belonging to or under the control of any dealers or medical practitioners;

(1) the regulation or prohibition of the transfer of licences ;

(m) requiring the entering of the names and addresses, and the taking of signatures of purchasers in the register of sale of any notified drug ;

(n)
the disposal of confiscated articles ;

(o) any other matter which is to be or may be prescribed under this Act.

(3)
The power to make rules under this section shall be subject to the condition of previous publication:

Provided that
, any such rules may be made without previous publication, if the State Government considers that they should be brought into force at once,

(4)
All rules made under this Act shall be laid for not less than thirty days before each House of the State Legislature as soon as may be after they are
made,
and shall be subject to
such
modifications as
the
State Legislature may make during the session in which they are so
laid
or
the
session immediately following.

SECTION 41: REPEALS AND SAVINGS

On and from the commen cement of this Act, the Bombay Drugs (Control) Act, 1952, the Central Provinces and Berar Drugs (Control) Act, 1949, the Saurashtra Drugs (Control) Ordinance, 1949 and the Drugs (Control) Act, 1950, in its application to the Kutch area of the State of Bombay shall stand repealed :

Provided that
such repeal shall not affect or be deemed to affect"

(a)
the previous operation of any law so repealed or anything duly done or suffered thereunder ;

(b)
any
right,
privilege,
obligation
or liability already
acquired,
accrued
or
incurred
under
any law so repealed, or

(c)
any
penalty,
forfeiture,
or
punishment incurred in respect of any offence
committed against any law so repealed ;

(d)
any investigation, legal
proceeding or remedy in respect of any
such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and any such investigation, legal proceeding, or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:

Provided further
that

,
subject to the preceding proviso, anything done or any action taken
(including any appoint ment, notification, order, direction, rule or form made or issued, or cash memorandum given) under any law so repealed shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been
done, taken, issued or given under the provisions of this Act and shall continue in force accordingly unless and until it is superseded by anything done or action taken under this Act.

SECTION 42: SAVING OF OTHER LAWS


Subject to
the provisions of Section 41, the provisions
of this
Act shall be in addition to, and not in derogation of, any other law for the time being in force relating to any matters dealt with in this
Act.
Maharashtra State Acts


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