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The Maharashtra Drugs (Control) Act, 1960

Act No. 11 of 1960

mh056

(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) "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 (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 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 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 practice in the State, or is otherwise by or under any such law entitled or allowed to practice 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;

(l) "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 [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.

(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 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:

(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 transport 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 excess 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:

(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.

(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 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,

(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 Prohibition Act, 1949 or under the Dangerous Drugs Act, 1930, or the Drugs Act, 1940.

(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.

(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.

(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:

(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:

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

(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.

(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 conte its, if any, of such receptacles, packages and coverings, and the animals, carts, vessels or other conveyance used in carrying any such notified drug,

(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.

(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 practitioner stores or sells or dispenses notified drugs, and examine, test, measure or weigh any stock of any such notified drugs of 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.

(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 extend to five hundred rupees.

(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.

(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 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 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 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 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.

(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 contained 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 sol 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 licences, 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 purchase transactions made by them or of the stocks of notified drugs in their possession;

(i) the functioning of any such information as may be required with respect to the business or profession carried on by any dealers 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 account's or other documents relating to notified drugs belonging to or under the control of any dealers or medical practitioners;

(l) 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.

(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,

Notifications

Amended by G.N., H. D., No. DDR. 1167/6172-111, dated 28th August, 1968 (M.G., Part, 4-B, Page 1339)

(1) Spirit of Chloroform (Spiritus Chloroformi).

(2) Spirit of Nitrous Ether (Spiritus Aetheris Nitrosi).

(3) Strong Tincture of Ginger (Tinctura Zingiberis Fortis).

(4) Weak Tincture of Ginger (Tinctura Zingiberis Mitis).

(5) Compound Tincture of Cardamom (Tinctura Cardamomi Composita).

(6) Tincture of Lavender (Tinctura Lavenduloe).

(7) Kalpak.

(8) Tincture Gulancha.

(9) Mustee Tonic.

(10) Tincture of Cinnamon (Tinctura Cinnamomi).

(11) Compound Tincture of Cinnamon (Tinctura Cinnamomi Composita).

(12) Tincture of Orange (Tinctura Aurantii).

(13) Compound Spirit of Horseradish (Spiritus Armoracioe Composita).

(14) Liquid Extract of Kamala (Extractum Kamala Liquidum).

(15) Tincture of Avena Sativa (Tinctura Avena Sativa).

(16) Tincture of Euonymus (Tinctura Euonymi).

(17) Tincture of Calumba (Tinctura Calumboe).

(18) Tincture of Quassia (Tinctura Quassioe).

(19) Tincture of Myrrh (Tinctura Myrrhae).

(20) Tincture of Podophyllum (Tinctura Podophylli).

(21) Tincture of Hamamelis (Tinctura Hamamelidis).

(22) Tincture of Wild Cherry (Tinctura Pruru Serotinoe Synonym : Tincture Pruni Virginianoe).

(23) Tincture of Aristolochi (Tinctura Aristolochioe).

(24) Tincture of Rauwolfia (Tinctura Rauwolfioa).

(25) Spirit of Cajuput S(piritus Cajuputi).

[(26) Secobarbital and. Secobarbital Sodium (Synonyms:- Quinol Barbitone, Meballymal, Quinolbarbital Sodium, Quinolburbitone Soluble and Mabally malnatrium) in the form of tablets and capsules.]

Amended by G. N., H.D., No. 1167/61812-III, dated 26th August, 1968 (M, G., Part 4-B, page 1340)

Amended by G.N., H.D., No. DDR.1167/61812-III, dated 26th August, 1968 (M.G. Part 4-B, page 1340)

Amended by G.N., H.D., No. MIS. 0181/PRO-3, dated 26th Ma,y 1982 (M. G. Part 4-B, page 434)

Amended by G.N., H.D., No. MIS. 0181/PRO-3 dated 26th May, 1982 (M. G. Part 4-B, page 434)

Schedule

Schedule

Amended by G. N., H. D., No. DDR. 1167/6181-III, dated 26th August, 1968 (M.G., Part 4-B, page 1341)

Schedule

Amended by G. N., H. D., No. DDR.1167/61812-III, dated 26th August, 1968 (M.G., Part 4-B, page 1342)

Amended by G. N., H. D., No. MIS.0181/PRO-3, dated 26th May, 1982 (M.G., Part 4-B, page 434)

Schedule

(1) "Act" means the Bombay Drugs (Control) Act, 1959.

(2) Words and expressions used in this Order shall have the meanings respectively assigned 1 to them in the Act and the Maharashtra Drugs (Control) Rules, 1963.

(1) Except with the previous sanction of the Director-

(a) the number of retailer's licences in his district is not allowed to exceed the quotient obtained by dividing the population of his district by 10,000 the remainder being ignored;

(b) the number of wholesaler's licences in his district is not allowed to exceed the quotient obtained by dividing the number of retailer’s licences in his district by 10, the remainder being ignored:

(2) Licences under the Act may be granted at such places only where there is a municipal corporation, municipality, local board or Village Panchayat.

(1) that the applicant holds a licence under the Drugs Act, 1940, to sell drugs if the notified drugs intended to be sold by him are drugs in respect of which a licence is required by that Act;

(2) that the applicant is carrying on or intends to carry on a bona fide business in drugs;

(3) that the applicant is not convicted of an offence under the Act or under the Bombay Prohibition Act, 1949, the Dangerous Drug Act, 1930 or the Drugs Act, 1940;

(4) that the applicant is not a minor;

(5) that the applicant is not a person whose licence or nokarnama, if any, under the Bombay Prohibition Act, 1949, the Dangerous Drugs Act, 1930 or the Drugs Act, 1940 was cancelled:

Amended by Erratum No. BDC. 1063-111, dated 29th November, 1963 (M.G., Part 4-B, page 1662)

(a) the Commandant, 512 Command Workshop, Kirkee, Poona 3 (hereinafter) referred to as 'the Commandant'), from the provisions of clause (b), of sub-section (1) of section 12 of the said Act, so far as the possession of "Spirit of Nitrous Ether" (hereinafter referred to as 'the notified drug') is concerned, subject to the following conditions:-

(1) shall not obtain the notified drug except from a dealer in the State of Maharashtra;

(2) shall not possess the notified drug in excess of the quantity which may be fixed by the Collector of Poona in this behalf;

(3) shall maintain in Form 'A' hereto annexed, a true and correct register of accounts of the notified drug obtained, possessed and used by him in the manufacture of chemicals required for use in re-browning of small arms (hereinafter referred to as "the chemical");

(4) shall, before the 7th day of every month, furnish to the Superintendent of Prohibition and Excise, Poona, in Form 'B' hereto annexed a monthly return of the notified drug obtained, possessed and used by him in the manufacture of chemicals in the month immediately preceding such return; and

(5) shall allow, at all reasonable hours, any Inspector appointed under section 26 of the Act-

(i) to inspect all stocks of the notified drug,

(ii) to examine the accounts maintained by him in respect thereof, and

(iii) to take copies of extracts of such accounts as he thinks fit.

(b) dealers in Spirit of Nitrous Ether from the provisions of sections 10 and 11 read with Government Notification, Home Department, No. BDC. 1063(b)-III, dated the 18th September 1963 and of rules 5 and 10 of the Maharashtra Drugs (Control) Rules, 1963, and condition 3 of the licence in Form N.D.W.L. and condition 5 of the Licence in Form N.D.R.L. appended to the rules in so far as they relate to the sale of the said drug to the Commandant.

Form ’A'

Register of accounts of the notified drug obtained, possessed and used during the month of................. in the manufacture of the chemicals

Form 'B'

Monthly return of the notified drug obtained, possessed and used during the month of................ in the manufacture of chemicals.