[14th August 1963] In exercise of the powers conferred by
clauses (a), (b), (c), (f), (g), (h), (j), (k), (1). (m) and (o) of sub-section
(2) of section 40 of the Bombay Drugs (Control) Act. 1959 (Bom. XI of 1960) and
of all other powers enabling it in this behalf and in supersession of the
Bombay Drugs (Control) Rules. 1958, published under the Government of Bombay
Notification, Revenue Department, No. BDC. 1058-(a), dated the 20th June, 1958,
and the rules and orders issued in this behalf, under the Central Provinces and
Berar Drugs (Control) Act, 1949, the Government of Maharashtra, hereby makes
the following rules, the same having been previously published as required by
sub-section (3) of the said section 40, namely: PRELIMINARY (1)
These
rules may be called the Maharashtra Drugs (Control) Rules, 1963. (2)
They
shall come into force on the 1st day of October. 1963. In these rules, unless the conlext otherwise,
requires- (a)
"Act"
means the Bombay Drugs (Control) Act, 1959: (b)
"Form"
means a form appended to these rules; (c)
"licence"
means a licence granted under these rules; (d)
"licensee"
means a person who has been granted a licence under these rules; (e)
"pass"
means a pass granted under these rules: (f)
"permit"
means a permit granted under these rules; (g)
words
and expressions not defined in these rules shall have the meaning,
respectively, assigned to them in the Act. Wholesaler's Licence Any person desiring to carry on the business
of a wholesaler in notified drugs and to possess such drugs for the purpose of
his business shall apply in Form N. D. A.-1 to the Collector for a licence in
that behalf. On receipt of an application under rule 3,
the Collector may, after making such* enquiries as he deems necessary to verify
or ascertain the truth of any statements made in the application and after
satisfying himself that there is no objection to the grant of the licence
applied for, grant the applicant a licence in Form N. D. W. L. on payment of a
fee of - (a)
Rs.
60, in Greater Bombay, the City of Poona, the City of Nagpur and the Sholapur
Municipal Borough, or (b)
Rs.
40, elsewhere. (1)
A
licensed wholesaler shall maintain in Form N. D.-l, true and proper accounts of
all notified drugs obtained, sold and possessed by him. (2)
He
shall also maintain a register of sale of notified drugs in Form N.D.-2,
wherein he shall enter under his signature, the full name and address of the
purchaser, the quantities of notified drug sold to him, the date of sale, the
purpose for which they are sold and the number and date of the licence of the
purchaser and of the transport pass or the order (if any), under section 14,
held by him. (3)
He
shall, before the seventh day of every month furnish to the Superintendent of
Prohibition and Excise, or, as the case may be, to the District Inspector of
Prohibition and Excise of the area, a monthly return in Form N. D.-3, in
respect of notified drugs possessed, obtained and sold by him in the previous
month. Retailer's Licence Any person desiring to carry on the business
of a retailer in notified drugs, and to possess such drugs for the purpose of
his business shall apply in Form N. D. A.-l to the Collector for a licence in
that behalf. On receipt of an application under rule 6,
the Collector may, after making such enquiries as he deems necessary to verify
or ascertain the truth of any statements made in the application and after
satisfying himself that there is no objection to the grant of the licence
applied for, grant the applicant a licence in Form N.D.R.L. on payment of a fee
of - (i)
Rs.
30, in Greater Bombay, the City of Poona, the City of Nagpur and the
Sholapur Municipal Borough, or (ii)
Rs.
20, elsewhere. (1)
A
licensed retailer shall maintain in Form N.D.-4, true and proper accounts of
all notified drugs obtained, sold and possessed by him. (2)
He
shall also maintain a register of sale of notified drugs in Form N. D.-5,
wherein he shall enter under his signature, full name and address of the
purchaser, the quantities of notified drugs sold to him, the date of sale, the
purpose for which they are sold, and number and date of the order, where
applicable, under section 14, held by him. (3)
He
shall, before the seventh day of every month, furnish to the Superintendent of
Prohibition and Excise, or as the case may be, to the District Inspector of
Prohibition and Excise, of the area, a monthly return in Form N.D.-3, in
respect of notified drugs possessed obtained and sold by him in the previous
month. (1)
Any
medical practitioner desiring to possess at any one time a notified drug in
excess of the quantity determined by the State Government, under section 12 of
the Act, shall apply, in writing, to the Collector, for permission in that
behalf. Every such application shall state, (i)
the
name and address of the applicant. (ii)
the
quantity and description of notified drug or drugs required by the applicant. (iii)
the
place at which notified drug or drugs shall be kept, and (iv)
the
purpose for which notified drug or drugs is or are iequired. (2)
On
receipt of an application under sub-rule (1), the Collector may, after making
such enquiries as he deems necessary to verify or ascertain the truth of any
statements made in the application and after satisfying himself that there is
no objection to giving the permission, grant the permission applied for in
writing. Any person not being a dealer or medical
practitioner, desiring to possess any notified drug in excess of such
quantities has been at any one time dispensed or sold on prescription for a
bona fide medical use to him or to a member of his household, shall apply to
the Collector in Form N.D.A.-2 for a permit in that behalf. On receipt of an application under rule 10,
the Officer duly empowered in this behalf, by the State Government, under
clause (b) of sub-section (1) of section 12 may, after making such enquiries as
he deems necessary to verify or ascertain the truth of any statements made in
the application and after satisfying himself that there is no objection to the
grant of the permit applied for, grant the applicant a permit in Form N.D.P.,
on payment of a fee of rupee one. Transport of Notified
Drugs Subject to the provisions of section 14, any
person desiring to transport a notified drug shall apply in Form N.D.A.-3, to
the Officer duly empowered by the State Government in this behalf. (1)
On
receipt of an application under rule 12. the said officer may, after making
such inquiries as he may deem necessary to verify or ascertain the truth of any
statement made in the application and after satisfying himself that there is no
objection to the grant of pass applied for, grant the applicant a pass in Form
N.D.T., on payment of a fee of rupee one. (2)
Every
holder of a transport pass shall get the details of the purchases of notified drugs
made by him. entered in his transport pass by the dealer from whom he obtains
such drugs. General No licence, permit or pass granted under
these rules shall be granted for a period beyond the 31st day of December next
following the date of its commencement.][1] [2][* * *] If notified drugs are intended to be sold by
a dealer at more than one place, a separate licence shall be necessary in
respect of each such place. (1)
Every
dealer shall preserve a register of accounts of notified drugs and register of
sale thereof, for not less than one year from the date of the last entry in the
account book or, as the case may be, in the register of sale. He shall also
preserve the delivery memoranda, invoices and sale memoranda relating to the
sale or purchase of notified drugs or to the stock thereof, for a period of one
year after the expiry of the year to which they relate. (2)
Every
medical practitioner and licensed retailer shall preserve for a period of one
year after the expiry of the year in which a notified drug is supplied, every
prescription under which a notified drug was supplied, or a copy thereof, if
the prescription is returned to the person presenting it. Where copies of the
prescriptions are kept, the original shall, before being returned to the person
presenting it be endorsed, as to the drug dispensed or sold and the quantity
thereof. Every dealer or medical practitioner shall
produce all books of accounts and documents relating to notified drugs together
with the licence and the stocks of notified drugs for inspection on demand by
the Director or Collector, or any officer duly authorised under section 31 and
shall allow him to inspect and to take such copies or extracts as he thinks
fit, of all such books of accounts and documents relating to notified drugs
which belong to or are under the control of such dealer or medical practitioner. (1)
No
person shall be recognised as partner of the licensee for the purpose of his
licence, unless the partnership has been declared to the Collector, before the
licence is granted and the names of the partners have been entered jointly in
the licence, or if the partnership is entered into after the granting of the
licence unless the Collector agrees on application made to him to alter the
licence and to add the name or names of the partner or partners in the licence. (2)
The
licensee shall carry on his business under the licence either personally or by
an agent or servant duly authorised by him in this behalf, by a written
nokarnama, signed by himself and countersigned by a Prohibition and Excise
Officer not lower in rank than a Sub-Inspector: Provided that, any such nokarnama signed by
the licensee, shall be valid until countersignature is refused. If for any
reason the Collector shall order the withdrawal of any nokarnama, issued by the
licensee the nokarnama shall be forthwith withdrawn. No nokarnama shall be
issued to any person who is a minor and no such nokarnama, if issued, shall be
valid. (1)
If
at any time a licence, permit or pass is lost or is destroyed or is so torn or
defaced, in any way, as to cease it to be reasonably legible, the licensee, the
permit holder or, as the case may be, the pass-holder shall forthwith intimate
the fact in writing to the Collector. (2)
Upon
receipt of such intimation, the Collector may, after verifying the truth of the
statements made in the intimation, issue a duplicate licence or permit or pass
to the licensee, a permit holder or pass holder. (3)
When
a duplicate licence or permit or pass is issued under sub-rule (2), it shall be
clearly stamped "Duplicate" in red and shall be marked with the date
of its issue. (4)
In
the case of a licence, or permit or pass which is torn or defaced, the
duplicate shall not be issued unless the licence or permit or pass is returned
by the holder thereof, to the Collector. (5)
The
fee for a duplicate licence or permit or pass shall be rupee one. The licensee, the permit, or pass holder
shall abide by the conditions of the licence or permit, or as the case may be,
the pass, the provisions of the Bombay Drugs (Control) Act, 1959, and the
rules, and orders made thereunder and shall give an undertaking to that effect. The quantity of any notified drugs that may
be possessed by any person for the purposes of sample under section 16 shall
not exceed 1 16 millilitres [3][or
40 tablets or 80 capsules, as the case may be.] The sale memorandum which a dealer is
required to give under section 17 shall include the following particulars: (1)
Number
and date. (2)
Name
of the licensee. (3)
Address
of the licensee. (4)
Kind
and number of licence held (5)
Name
of the purchaser and his address (6)
Name
of the notified drugs sold (7)
Quantity
of the notified drugs sold (8)
Price
charged (9)
Signature
of the purchaser or his authorised agent (10)
Signature
of the licensee or his authorised agent or servant. Every dealer shall enter in the transport
pass presented by a purchaser, the details of the notified drugs sold or
supplied by him. No licence granted under rules 4 and 7 shall
be transferred from one name to another except with the previous sanction of
the Collector.MAHARASHTRA
DRUGS [CONTROL] RULES, 1963
PREAMBLE