LexThe Gujarat Drugs (Control) Act, 1959
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
Bombay Act No. XI of 1960
The Gujarat Drugs (Control) Act, 1959
(As modified up to the 31st May, 2012)
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
THE GUJARAT DRUGS (CONTROL) ACT, 1959.
CONTENTS
PREAMBLE
SECTIONS
1 Short title, extent and commencement.
2 Definitions.
3 Director of Prohibition and Excise.
4 Powers of Collector.
5 Control of the Director on officers empowered under this Act.
6 Drugs to which this Act applies and notified drugs.
7 Regulation of business of wholesaler or retailer in notified drugs.
8 Sale by retailer.
9 Power of dealer to sell to medical practitioner and person authorised under
section 14; Sale by medical practitioners.
10 Maximum quantity of sale by dealer.
11 Licensed retailer and medical practitioner not to supply notified drug for
purposes other than medicinal and except under prescription.
12 Regulation of possession of notified drug.
13 Regulation of transport of notified drugs.
14 Regulation of possession or transport of notified drugs by certain persons.
15 Sale, possession and transport of notified drug by any person on account of
another.
16 Regulation of sale, etc., of notified drugs for purposes of Sample.
17 Sale memorandum to be given in respect of sales.
18 Power to suspend or cancel licence, etc.
19 Evasion of provisions.
20 Power to obtain information.
21 Penalty.
22 Offences by companies.
23 Magistrates' power to impose higher punishment.
24 Things liable to confiscation.
25 Procedure in confiscation.
26 Inspectors and procedure.
27 No prosecution without sanction.
28 Power to search and seize.
1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959
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SECTIONS Page No
29 Power to search and seize notified drugs, etc., in open place.
30 Procedure for search and seizure.
31 Power to inspect premises of licensed dealers.
32 Appeals.
33 Revision.
34 Bar of proceedings.
35 Punishment for vexatious entry, search or seizure.
36 Limitation of prosecutions or suits against officers.
37 General powers of State Government.
38 Delegation.
39 Provisions of this Act not to apply to notified drugs which are the property of
Government.
40 Power to make rules.
41 Repeals and savings.
42 Savings of other laws.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
BOMBAY ACT No, XI OF 1960.1
[THE GUJARAT DRUGS (CONTROL) ACT, 1959.]
Adapted and modified by the Gujarat Adoption of Laws
State and Concurrent Subjects) Order, 1960.
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 expendient 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 :
1 (1) This Act may be called the *[Gujarat] Drugs (Control) Act, 1959.
(2) It extents to the whole of the 2[State of Gujarat].
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
2 In this Act, unless the context otherwise 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;
(c) "Director" means the Director of Prohibition and Excise appointed under
the Bombay Prohibition Act, 1949, and includes any other officer on whom the
State Government may confer or impose all or any of the powers, duties or
functions of the Director under this Act;
(d) "drug" means (i) a medicine for internal or external use of human beings or
animals, or (ii) 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 normally residing and messing
jointly as member 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 practices 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;
Short title, extent
and
commencement.
Definitions
Bom. XXV of 1949.
XVI of 1948. Bom.
LXVIII of 1953.
1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959
5 of 14
(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 wholesale, and does not include a medical practitioner ;
and the expression "to sell by retail" shall be construed accordingly ;
(m) "State" means the 3[State of Gujarat] ;
(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 expr ession "to sell by
wholesale" shall be construed accordingly.
3 The Director 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 discharge such functions as are
conferred or imposed upon him, by or under the provisions of this Act and he shall
superintend the administration and carry out generally the provisions of this Act.
4 (1) A Collector shall, within 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 Director and of the State Government as the State Government may
from time to time direct.
5 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 Director, and shall be
bound to follow such orders as he may from time to time give or issue.
6 (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 drug as notified drug.
7 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 accordance with, the terms and
conditions of a licence granted by the Collector under this Act.
8 No licensed retailer shall sell any notified drug unless such drug has been obtained by
him from a licensed wholesaler.
9 (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. .
10 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,
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.
Director of
Prohibition and
Excise.
Powers of Collector.
Control of the
Director on officers
empowered under
this Act.
Drugs to which this
Act applies and
notified drugs.
Regulation of
business of
wholesaler or
retailer in notified
drugs.
Sale by retailer
Power of dealer to
sell to medical
practitioner and
person authorised
under section 14 :
sale by medical
practitioner.
Maximum quantity
of sale by dealer.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
11 (1) A Licensed retailer shall not supply any notified drug in his possessi on to
any person (not being a medical practitioner or a person duly authorised 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.
12 (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
Government 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 permit 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 t his section the State Government may fix different maxima for the
possession of different notified drug, and in respect of their possession by
different classes of wholesalers and retailers.
13 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 empowered by the State Government in this behalf;
(b) being a medical practitioner, shall transpor t any notified drug in excess of
the quantity which he is permitted 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 exces s of the quantity which has been at any 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 State4* to another place outside thereof.
Licensed retailer
and medical
practitioner not to
supply notified drug
for purposes other
than medicinal and
except under
prescription
Regulation of
possession of
notified drug
Regulation of
transport of notified
drugs
1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959
7 of 14
14 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 institution, to possess or transport
for use for educational purposes only.
(c) any person engaged in scientific research, to possess or transit 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-in-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 to 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 subject to such
conditions as may be specified in such order.
15 (1) Whenever any notified drug is sold, possessed or transported by any person
on account of any other person, and such other 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 person from liability to any
punishment under this Act for the unlawful sale, possession or transport of
such notified drug.
16 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.
17 (1) Every dealer when selling any notified drug shall give to the purc haser 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
18 (1) The Collector may, after giving the holder of a Licence, permit or pass
granted or issued under, this Act, a reasonable opportunity 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 o r pass or any persons 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
Regulation of
possession or
transport of notified
drugs by certain
persons.
Sale possession and
transport of notified
drug by any person
on account of
another.
Regulation of sale,
etc. of notified
drugs for purposes
of sample.
Sale memorandum
to be given in
respect of sales.
Power to suspend or
cancel licence etc.
Bom. XXV of 1949.
II of 1930. XXIII of
1940.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
Bombay Prohibition 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
cancellation, 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
Drug Act, 1930, or the Drugs Act, 1940.
(4) The Collector may also refuse to grant a 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.
19 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 or any information contained
therein alter by cancellation, or otherwise destroy, mutilate or deface any book,
register, licence, permit, pass or other document.
20 The Director 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.
21 (1) Whoever contravenes any of the provisions of this Act or of penalty any
rule, order or notification made or issued thereunder, or fails to comply with
any direction, 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 f or 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 judgement 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 imprisonment for a term
which may extend to three years and with fine which may extend t o
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 rupees :
(2) In the event of any breach by the holder or any licence, permit or pass
Evasion of
provisions.
Power to obtain
information.
1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959
9 of 14
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 imprisonment for a 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 li cence, permit or pass shall be
liable to the same punishment.
22 (1) If the person committing an offence under this Act is a company, the
company as well as every person in charge 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 o f 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 knowle dge, 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 c ommitted 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 be 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 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.
23 Notwithstanding anything contained in section 32 of the Code of Criminal
Procedure, 1898, it shall be lawful for 5 * * * * 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.
24 Whenever any offence punished 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.
25 (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 :
Offences by
companies
Magistrate's power
to impose higher
punishment.
V of 1898.
Things liable to
confiscation.
Procedure in
confiscation.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
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 the Act has been committed, and the offender is not
known or cannot be found, or where anything liable to confiscation under this
Act is found or seized, the Director, Collector or any other officer authorised
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.
26 (i) For the purposes of this Act, the Director, may by notification in the Official
Gazette, appoint such person or officers as he thinks fit, to be Inspectors within
such local limits as he may assign to them.
(ii) No offence under this Act shall be investigated except by an Inspector
appointed under sub-section (1).
27 No prosecution for any offence punishable under this Act shall be instituted, except
with the previous sanction in Greater Bombay of the Commissioner of Police, and
elsewhere of the District Magistrate.
28 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.
29 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.
30 The provision of the Code of Criminal Procedure, 1998, 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.
31 (1) The Director or Collector, or any officer duly authorised 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
Inspectors and
procedure.
No prosecution
without sanction.
Power to search and
seize.
Power to search and
seize notified drugs,
etc. in open place.
Procedure for
search and seizure. V of 1898.
Power to inspect
premises of licensed
dealers.
1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959
11 of 14
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 practitioner 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 t o 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
32 (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, on 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.
33 The State Government may call for and examine the record of any proceeding
before any officer exercising any power or performing of discharging any duty of
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 proceeding, and may
either annul, reverse, modify or confirm such order, or pass such other order as it may
deem fit.
34 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.
35 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 property 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.
36 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
Appeals
Revision.
Bar of proceedings.
Punishment for
vexatious entry,
search seizure.
Limitation of
prosecutions or suits
against officers.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
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.
37 Notwithstanding anything contained in this Act or the rules, notifications or orders
made or issued thereunder, the State Government 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 institutions, or class of institutions, from the
operation of all or any of the provisions of the Act, or any rules or orders made,
or any condition of a licence, permit or pass granted, thereunder;
(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 person or classes of persons to whom licences or permit or
passes under this Act may or may met be granted;
(e) issue such other instruction 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 condition, 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 direction as appear to it to be necessary or expedient in
connection with any order made under this section.
38. 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 any
officer specially empowered in this behalf by the State-Government.
39. 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 ar e the property of, and in the
possession of or on behalf of Government:
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.
40. (1) The Government may make rules to carry out the purposes of this Act.
(2) In particular, but without prejudice to the generality of the foregoing 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 16;
(c) prescribing the other particulars to be contained in a memorandum
of sale under section 17;
General Powers of
State Government.
Delegation.
Provisions of this
Act not to apply to
notified drugs
which are the
property of
Government
Power to make
rules.
1960 : Bom. XI ] Gujarat Drugs (Control) Act, 1959
13 of 14
(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 an area and the procedure to be followed before granting
licences, permits and passes;
(g) prescribing the forms of licences, permits of 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 licences,
permits or passes, and the fees payable in respect thereof;
(h) the maintenance and preservation by dealers generally, or by any
class of de alers 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 b y any dealers or any
medical practitioner;
(f) 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 of
medical practitioners;
(l) the regulation or prohibition of the transfer of licence;
(m) requiring the entering of the names and address, and the taking of
signatures of purchases 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
before6* * the State Legislature 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.
41. On and from the commencement of this Act, 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 du lly 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
Repeals and savings Bom. XXIX of 1952
Caps & Berar
XLVII of 1949. Sau.
Ord. LXL of 1949.
26 of 1950.
[1960 : Bom. XI Gujarat Drugs (Control) Act, 1959
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 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 appointment, notification, order, di rection,
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, made, 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.
42 Subject to the provisions of section 41, the provisions of this Act shall be in addition
to, and not in de rogation of, any other law for the time being in force relating to any
matters dealt with in this Act.
--------------------------------------------
*This word was replaced for the word “Bombay” by Guj. 15 of 2011.
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1959, Part V, page 497.
2 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
3 These words were substituted for the words "State of Bombay" by the Gujarat Adapta tion of Laws (State
and Concurrent Subjects) Order, 1960.
4 The words "of Bombay" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
5 The words "any Presidency Magistrate or" were deleted by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 The words "each House of" were deleted by the Gujarat Adaptation of Laws (State and Concurrent
Subjects Order, 1960.
Saving of other
laws.