East Punjab Drugs (Control) Act, 1949*
| [Punjab Act No. 30 of 1949]1 | [29th October, 1949] |
An Act for the Control of the Sale, Supply and Distribution of Drugs.
It is hereby enacted as follows:-
1. For Statement of Objects and Reasons, see East Punjab Government Gazette, (Extra), 1949, p. 1092. This Act applies only to merged areas by virtue of Sec. 88 of the Punjab Re-organisation Act, 1966. It was extended to erst while Pepsu areas by Punjab Act No. 18 of 1958.
Amended, repealed or otherwise affected by-
(i) Adaptation of Laws Order, 1950.
(ii) Punjab Act No. XIV of 1950
(iii) A.O. 1968 published in R.H.P. dated the 1st February, 1969 P. 158-161.
(iv) A.O. 1973, published in R.H.P. Extraordinary, dated the 20th January, 1973, P. 91-112.
* Received the assent of His Excellency the Governor on the 29th October, 1949, and was published in the East Punjab Gazette, Extraordinary, dated the 2nd November, 1949.
1East Punjab Drugs (Control) Act, 1949*
| [East Punjab Act No. 30 of 1949] | [29th October, 1949] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by legislation |
| 1949 | 33 | East Punjab Drugs (Control) Act, 1949 | Amended in part by the Adaptation of Laws Order, 1950 Amended in part by Punjab Act 14 of 19502 Extended to Pepsu Territory by Punjab Act 18 of 19583 |
An Act for the Control of the Sale, Supply and Distribution of Drugs
It is hereby enacted as follows:-
1 For statement of Objects and Reasons see East Punjab Government Gazette (Extraordinary), 1949 page 1092; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume IV, 1949, page (6)25-6(26).
2 For Statement of Objects and Reasons see Punjab Government Gazette (Extraordinary), 1950, page 840, for proceedings in the Assembly, see Punjab Legislative Assembly Debates; Volume II, 1950, pages 4(43)-4(44)) (Repealed Ordinance No. 7 of 1950).
3 For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 546K.
* [Received the assent of His Excellency the Governor on the 29th October, 1949, and first published in the East Punjab Government Gazette (Extraordinary) of November 2, 1949]
1East Punjab Drugs (Control) Act, 1949*
| [East Punjab Act No. 30 of 1949] | [29th October, 1949] |
| 1 | 2 | 3 | 4 |
| Year | No. | Short title | Whether repealed or otherwise affected by legislation. |
| 1949 | 30 | The East Punjab Drugs (Control) Act, 1949 | Amended in part by the Adaptation of Laws Order, 1950. Amended in part by Punjab Act 14 of 19502 Extended to the territories which, immediately before the 1st November, 1956 were comprised in the State of Patiala and East Punjab States Union, by Punjab Act 18 of 19583. Amended in part by the Haryana Adaptation of Laws Order, 19684. |
An Act for the Control of the Sale, Supply and Distribution of Drugs.
It is hereby enacted as follow:-
1. For Statement, of Objects and Reasons, see East Punjab Government Gazette, (Extraordinary), 1949, page 1092; for proceedings in the Assembly, see East Punjab Legislative Assembly Debates, Volume 4, 1949 pages (6) 25-(6)26.
* [Received the assent of His Excellency the Governor on the 29th October, 1949, and first published in the East Punjab Government Gazette (Extraordinary) of November 2, 1949]
2. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1950, page 840; for proceedings in the Assembly, see Punjab Legislative Assembly Debates, Volume 2, 1950, pages (4)43-(4)44. (Repealed Ordinance No. 7 of 1950).
3. For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 546-K.
4. See Haryana Government Gazette (Extra), dated the 29th October, 1968, pages 531-567.
1. Short title and extent.- (1) This Act may be called the East Punjab Drugs (Control) Act, 1949.
(2) It extends to 3[the territories specified in sub-section (1) of section 5 of the Punjab Re-organisation Act, 1966].
3. Sub-s. for "the whole of the State of Punjab" by A.O. 1968. The words "State" and "Punjab" were respectively Sub-s. for "province" and "East Punjab" by Adaptation of Laws Order, 1950.
2. Interpretations.- (1) In this Act unless there is anything repugnant in the subject or context,-
(a) "dealer" means a person carrying on, either personally or through any other person, the business of selling any drugs, whether wholesale or retail;
(b) "drug" means any drug as defined in clause (b) of section 3 of the Drugs Act, 1940 (XXIII of 1940), in respect of which declaration has been made under section 3;
(c) "Offer for sale" includes a reference to an intimation by a person of the price proposed by him for sale of any drug, made by the publication of a price list, by exposing the drug for sale in association with a mark indicating price, by the furnishing of a quotation or otherwise howsoever;
(d) "producer" includes a manufacturer.
(2) A drug shall be deemed to be in the possession of a person-
(i) when it is held on behalf of that person by another person;
(ii) notwithstanding that it is mortgaged to another person.
3. Drugs to which this Act applies.- The 1[State] Goverment may, by notification, declare any drug to be a drug to which this Act shall apply.
1. Sub-s. for the expression "Central Government (which was Sub-s. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was Sub-s. for the word ‘Provincial’ by Adaptation of Laws Orders, 1950.
4. Fixing of maximum prices and maximum quantities which may be held or sold.- (1) The 1[State Government] may, by notification, fix in respect of any drug.-
(a) the maximum price or rate which may be charged by a dealer or producer;
(b) the maximum quantity which may at any one time be possessed by a dealer or producer;
(c) the maximum quantity which may in any one transaction be sold to any person.
(2) The prices or rates and the quantities fixed in respect of any drug under this section may be different in different localities or for different classes of dealers or producers.
1. Sub-s. for the expression "Central Government (which was Sub-s. for "State Government" by A.O. 1968) by A.O. 1973. The word "State" was Sub-s. for the word ‘Provincial’ by Adaptation of Laws Orders, 1950.
5. Restrictions on sale, etc. where maximum is fixed under section 4.- No dealer or producer shall-
(a) sell, agree to sell, offer for sale or otherwise dispose of to any person any drug for a price or at a rate exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 4;
(b) have in his possession at any one time a quantity of any drug exceeding the maximum fixed by notification under clause (b) of sub-section (1) of section 4; or
(c) sell, agree to sell or offer for sale to any person in any one transaction a quantity of any article exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 4.
6. General limitations on quantity which may be possessed at one time.- (1) No person shall have in his possession at any one time a greater quantity of any drug to which this section applies than the quantity necessary for his reasonable needs.
(2) This section shall apply only to such drugs as the 1[State Government] may, by order published in the Official Gazette, specify for the purpose:
Provided that nothing contained in this section shall apply to a dealer or producer in respect of any drug sold or produced by him.
1. Sub-s. for the expression "Central Government" (which was Sub-s. for "State Government" by A.O. 1968) by A. IX 1973. The word "State" was Sub-s. for the word" Provincial’ by Adaptation of Laws Order, 1950.
7. Duty to declare possession of excess stocks.- Any person having in his possession a quantity of any drug exceeding that permitted by or under this Act shall forthwith report the fact to the 1[State] Government or other officer empowered in this behalf by it, and shall take such action as to the storage, distribution or disposal, of the excess quantity as the 1[State] Government or such officer may direct.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
8. Refusal to sell.- No dealer or producer shall, unless previously authorised to do so by the 1[State] Government or an officer empowered in this behalf by it, without sufficient cause, refuse to sell to any person any drug within the limits as to quantity, if any, imposed by this Act.
Explanation. The possibility or expectation of obtaining a higher price for a drug at a later date shall not be deemed to be a sufficient cause for the purpose of this section.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
9. Cash memorandum to be given of certain sales.- (1) Every dealer or producer when selling any drug for cash shall if the amount of the purchase is five rupees or more, in all cases, and, if the amount of the purchase is less than five rupees, when so requested by the purchaser, give to the purchaser a cash memorandum containing particulars of the transaction.
(2) The 1[State Government] may, by notification, prescribe the particulars to be contained in any such cash memorandum.
(3) The 1[State Government] may, by notification, exempt specified areas, classes of dealers or producers, or classes of drugs from the operation of this section.
1. Sub-s. for the expression "Central Government" (which was Sub-s. for "State Government" by A.O. 1968) by A. IX 1973. The word "State" was Sub-s. for the word" Provincial’ by Adaptation of Laws Order, 1950.
10. Marking of prices and exhibiting price list.- (1) The 1[State Government], or an officer empowered in this behalf by it, may direct dealers or producers in general, or any dealer or producer in particular, to mark any drug exposed or intended for sale with the sale prices or to exhibit on the premises a price list of drugs held for sale, and may further give directions as to the manner in which any such direction as aforesaid is to be carried out.
1. Sub-s. for the expression "Central Government" (which was Sub-s. for "State Government" by A.O. 1968) by A. IX 1973. The word "State" was Sub-s. for the word" Provincial’ by Adaptation of Laws Order, 1950.
11. Obligation to state price separately on composite offer.- Where a dealer or producer makes an offer to enter into a transaction for a consideration to be given as a whole in respect both of a sale of any drug and of some other matter, the dealer or producer making the offer shall state in writing the price which he assigns to that drug, if he is required to do so by any person to whom the offer is made, and the offer shall be deemed for the purposes of this Act to be an offer to sell that drug at the price so stated.
12. Prohibition of sale, etc., and requisitioning of drugs.- (1) If in the opinion of the 1[State] Government or an officer empowered in this behalf by it, it is necessary or expedient so to do, it or as the case may be such officer may, by order in writing,-
(a) prohibit the disposal of any drug except in such circumstances and under such conditions as may be specified in the order;
(b) direct the sale of any drug to any such dealer or class of dealers and in such quantities as may be specified in the order:
2[* * *]
2[* * *]
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 Clause (c) of sub-section (1) and sub-sections (2), (3), (4) and (5) omitted by Punjab Act 14 of 1950, section 2.
13. Penalties.- (1) Whoever contravenes any of the provisions of this Act or of any direction made under authority conferred by this Act shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(2) A court convicting any person of an offence punishable under this Act may order that the whole or any part of the stock or drugs in respect of which the offence was committed shall be forfeited to the Government.
(3) It shall not be a defence for a person charged with a contravention of any of the provisions of this section to prove that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person.
14. Offences by corporations.- Where a person committing an offence punishable under this Act is a company or an association or a body of persons, whether, incorporated or not, every director, manager, secretary, agent or other officer or person concerned with the management thereof, shall unless, he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent its commission, be deemed to be guilty of such offence.
15. Procedure.- (1) No person other than a police officer not below the rank of a Sub-Inspector of Police or other officer of corresponding rank authorised in this behalf, by the 1[State] Government by notification, shall investigate any offence under this Act.
(2) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the District Magistrate.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
16. Powers of search and seizure.- Any person competent to investigate any offence under this Act may search any place in which he has reason to believe that an offence under this Act has been, or is being committed, and take possession of any stock of drugs in respect of which the offence has been or is being committed.
17. Power to make rules.- (1) The 1[State] Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely,-
(a) the maintenance by dealers and producers generally, or by any dealer or producer in particular, of records of all sale and purchase transactions made by them;
(b) the furnishing of any information as may be required with respect to the business carried on by any dealer or producer;
(c) the inspection of any books of account or other documents belonging to or under the control of any dealer or producer;
2(d) * * *
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 Clause (d) of sub-section (2) of section 17 omitted by Punjab Act 14 of 1950, section 3.
18. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding] shall lie against any person for anything in good faith done or intended to be done under this Act.
19. Saving of other laws.- The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this Act.
20. Repeal of East Punjab Ordinance.- The East Punjab Drugs (Control) Ordinance, 1949 (No. XXVII of 1949), is hereby repealed but the repeal shall not affect the previous operation or the validity of anything done or any action taken under the said Ordinance.
16. Powers of search and seizure.- Any person competent to investigate any offence under this Act may search any place in which he has reason to believe that an offence under this Act has been, or is being committed, and take possession of any stock of drugs in respect of which the offence has been or is being committed.
2. Interpretations.- (1) In this Act, unless there is anything repugnant in the subject or context,
(a) "dealer" means a person carrying on, either personally or through any other person, the business of selling any drugs, whether wholesale or retail;
(b) "drug" means any drug as defined in clause (b) of section 3 of the Drugs Act, 1940 (XXIII of 1940) (XXIII of 1940), in respect of which declaration has been made under section 3;
(c) "offer for sale" includes a reference to an intimation by a person of the price proposed by him for a sale of any drug, made by the publication of a price list, by exposing the drug for sale in association with a mark indicating price, by the furnishing of a quotation or otherwise howsoever;
(d) "producer" includes a manufacturer.
(2) A drug shall be deemed to be in the possession of a person-
(i) when it is held on behalf of that person by another person;
(ii) notwithstanding that it is mortgaged to another person.
17. Power to make rules.- (1) The 1[State] Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely,-
(a) the maintenance by dealers and producers generally, or by any dealer or producer in particular, of records of all sale and purchase transactions made by them;
(b) the furnishing of any information as may be required with respect to the business carried on by any dealer or producer;
(c) the inspection of any books of account or other documents belonging to or under the control of any dealer or producer.
(d) 2[x x x]
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Clause (d) of sub-section (2) of section 17 omitted by Punjab Act 14 of 1950, section 3.
2. Interpretations.- (1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "dealer" means a person carrying on, either personally or through any other person, the business of selling any drugs, whether wholesale or retail;
(b) "drug" means any drug as defined in clause (b) of section 3 of the Drugs Act, 1940 (23 of 1940), in respect of which declaration has been made under section 3;
(c) "offer for sale" includes a reference to an intimation by a person of the price proposed by him for a sale of any drug, made by the publication of a price list, by exposing the drug for sale in association with a mark indicating price, by the furnishing of a quotation or otherwise howsoever;
(d) "producer" includes a manufacturer.
(2) A drug shall be deemed to be in the possession of a person-
(i) when it is held on behalf of that person by another person;
(ii) notwithstanding that it is mortgaged to another person.
3. Drugs to which this Act applies.- The 1[State] Government may, by notification, declare any drug to be a drug to which this Act shall apply.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
5. Restrictions on sale, etc. where maximum is fixed under section 4.- No dealer or procedure shall-
(a) sell, agree to sell, offer for sale or otherwise dispose of to any person any drug for a price or at a rate exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 4;
(b) have in his possession at any one time a quantity of any drug exceeding the maximum fixed by notification under clause (b) of sub-section (1) of section 4; or
(c) sell, agree to sell or offer for sale to any person in any one transaction a quantity of any article exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 4.
13. Penalties.- (1) Whoever contravenes any of the provisions of this Act or of any direction made under authority conferred by this Act shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(2) A court convicting any person of an offence punishable under this Act may order that the whole or any part of the stock or drugs in respect of which the offence was committed shall be forfeited to the Government.
(3) It shall not be a defence for a person charged with a contravention of any of the provisions of this section to prove that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person.
18. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.
19. Saving of other laws.- The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this Act.
20. Repeal of East Punjab Ordinance No. 27 of 1949.- The East Punjab Drugs (Control) Ordinance, 1949, is hereby repealed but the repeal shall not affect the previous operation or the validity of anything done or any action taken under the said Ordinance.
3. Drugs to which this Act applies.- The 1[State] Government may, by notification, declare any drug to be a drug to which this Act shall apply.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
5. Restrictions on sale, etc., where maximum is fixed under section 4.- No dealer or producer shall-
(a) sell, agree to sell, offer for sale or otherwise dispose of to any person any drug for a price or at a rate exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 4;
(b) have in his possession all any one time a quantity of any drug exceeding the maximim fixed by notification under clause (b) of sub-section (1) of section 4; or
(c) sell, agree to sell or offer for sale to any person in any one transaction a quantity of any article exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 4.
7. Duty to declare possession of excess stocks.- Any person having in his possession a quantity of any drug exceeding that permitted by or under this Act shall forthwith report the fact to the State Government or other officer empowered in this behalf by it, and shall take such action as to the storage, distribution or disposal of the excess quantity as the 1[State Government] or such officer may direct.
1. Sub-s. for the expression "Central Government" (which was Sub-s. for "State Government" by A.O. 1968) by A. IX 1973. The word "State" was Sub-s. for the word" Provincial’ by Adaptation of Laws Order, 1950.
8. Refusal to sell.- No dealer or producer shall, unless previously authorised to do so by the 1[State Government] or an officer empowered in this behalf, by it, without sufficient cause, refuse to sell to any person any drug within the limits as to quantity, if any, imposed by this Act.
Explanation.- The possibility or expectation of obtaining a higher price for a drug at a later date shall not be deemed to be a sufficient cause for the purpose of this section.
1. For Statement of Objects and Reasons, see East Punjab Government Gazette, (Extra), 1949, p. 1092. This Act applies only to merged areas by virtue of Sec. 88 of the Punjab Re-organisation Act, 1966. It was extended to erst while Pepsu areas by Punjab Act No. 18 of 1958.
10. Marking of price and exhibiting Price list.- (1) The 1[State] Government or any officer empowered in this behalf by it, may, direct dealers or producers in general, or any dealer or producer in particular, to mark any drug exposed or intended for sale with the sale prices or to exhibit on the premises a price list of drugs held for sale, and may further give directions as to the manner in which any such direction as aforesaid is to be carried out.
(2) No dealer shall destroy, efface or alter any lable or mark affixed to a drug and indicating the price marked by a producer.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4. Fixing of maximum prices and maximum quantities which may be held or sold.- (1) The 1[State] Government may, by notification, fix in respect of any drug-
(a) the maximum price or rate which may be charged by a dealer or producer;
(b) the maximum quantity which may at any one time be possessed by a dealer or producer;
(c) the maximum quantity which may in any one transaction be sold to any person.
(2) The prices or rates and the quantities fixed in respect of any drug under this section may be different in different localities or for different classes of dealers or producers.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
6. General imitations on quantity which may be possessed at one time.- (1) No person shall have in his possession at any one time a greater quantity of any drug to which this section applies than the quantity necessary for his reasonable needs.
(2) This section shall apply only to such drugs as the 1[State] Government may, by order published in the official Gazette, specify for the purpose:
Provided that nothing contained in this section shall apply to a dealer or producer in respect of any drug sold or produced by him.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
9. Cash memorandum to be given of Certain sales.- (1) Every dealer or producer when selling any drug for cash shall, if the amount of the puchase is five rupees or more, in all cases, and, if the amount of the purchase is less than five rupees, when so requested by the purchaser, give to the purchaser a cash memorandum containing particulars of the transaction.
(2) The 1[State] Government may by notification, prescribe the particulars to be contained in any such cash memorandum.
(3) The 1[State] Government may, by notification, exempt specified areas, classes of dealers or producers, or classes of drugs from the operation of this section.
1 Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
10. Marking of price and exhibiting price list.- (1) The 1[State] Government, or an officer empowered in this behalf by it, may direct dealers or producers in general, or any dealer or producer in particular, to mark any drug exposed or intended for sale with the sale prices or to exhibit on the premises a price list of drugs held for sale, and may further give directions as to the manner in which any such direction as aforesaid is to be carried out.
(2) No dealer shall destroy, efface or alter any label or mark affixed to a drug and indicating the price marked by a producer.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4. Fixing of maximum prices and maximum quantities which may be held or sold.- (1) The 1[State] Government may, by notification, fix in respect of any drug-
(a) the maximum price or rate which may be charged by a dealer or producer;
(b) the maximum quantity which may at any one time be possessed by a dealer or producer;
(c) the maximum quantity which may in any one transaction be sold to any person.
(2) The prices or rates and the quantities fixed in respect of any drug under this section may be different in different localities or for different classes of dealers or producers.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
6. General limitations on quantity which may be possessed at one time.- (1) No person shall have in his possession at any one time a greater quantity of any drug to which this section applies than the quantity necessary for his reasonable needs.
(2) This section shall apply only to such drugs as the 1[State] Government may, by order published in the official Gazette, specify for the purpose:
Provided that nothing contained in this section shall apply to a dealer or producer in respect of any drug sold or produced by him.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
9. Cash memorandum to be given of certain sales.- (1) Every dealer or producer when selling any drug for cash shall, if the amount of the purchase is five rupees or more, in all cases, and, if the amount of the purchase is less than five rupees, when so requested by the purchaser, give to the purchaser a cash memorandum containing particulars of the transaction.
(2) The 1[State] Government may, by notification, prescribe the particulars to be contained in any such cash memorandum.
(3) The 1[State] Government may, by notification, exempt specified areas, classes of dealers or producers, or classes of drugs from the operation of this section.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
7. Duty to declare possession of excess stocks.- Any person having in his possession a quantity of any drug exceeding that permitted by or under this Act shall forthwith report the fact to the 1[State] Government or other officer empowered in this behalf by it, and shall take such action as to the storage, distribution or disposal of the excess quantity as the 1[State] Government or such officer may direct.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
8. Refusal to sell.- No dealer or producer shall, unless previously authorised to do so by the 1[State] Government or an officer empowered in this behalf by it, without sufficient cause, refuse to sell to any person any drug within the limits as to quantity, if any, imposed by this Act.
Explanation. The possibility or expectation of obtaining a higher price for a drug at a later date shall not be deemed to be a sufficient cause for the purpose of this section.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
14. Offences by corporations.- Where a person committing an offence punishable under this Act is a company or an association or a body of persons, whether incorporated or not, every director, manager, secretary, agent or other officer or person concerned with the management thereof, shall, unless he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent its commission, be deemed to be guilty of such offence.
1. Short title and extent.- (1) This Act may be called the East Punjab Drugs (Control) Act, 1949.
(2) It extends to the whole of the 5[State] of 6[Haryana].
5. Substituted for the word "Province" by the Adaptation of Laws Order, 1950.
6. Substituted for the word "Punjab" by the Haryana Adaptation of Laws Order, 1968.
1. Short title and extent.- (1) This Act may be called the East Punjab Drugs (Control) Act, 1949.
(2) It extends to the whole of the 1[State] of 2[Punjab].
1 Substituted for the word "Province" by the Adaptation of Laws Order, 1950.
2 Substituted for the words "East Punjab" by the Adaptation of Laws Order, 1950.
15. Procedure.- (1) No person other than a police officer not below the rank of a Sub-Inspector of Police or other officers of corresponding rank authorised in this behalf by the 1[State] Government by notification, shall investigate any offence under this Act.
(2) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the District Magistrate.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
11. Obligation to state price separately on composite offer.- Where a dealer or producer makes an offer to enter into a transaction for a consideration to be given as whole in respect both of a sale of any drug and of some other matter, the dealer or producer making the offer shall state in writing the price which he assigns to that drug, if he is required to do so by any person to whom the offer is made, and the offer shall be deemed for the purposes of this Act to be an offer to sell that drug at the price so stated.
12. Prohibition of sale etc. and requisitioning of drugs.- (1) If in the opinion of the 1[State] Government or an officer empowered in this behalf by it, it is necessary or expedient so to do, it or as the case may be such officer may, by order in writing,-
(a) prohibit the disposal of any drug except in such circumstances and under such conditions as may be specified in the order;
(b) direct the sale of any drug to any such dealer or class of dealers and in such quantities as may be specified in the order;
and make such further orders as appear to the 1[State] Government or such officer to be necessary or expedient in connection with any order issued under this sub-section.
2[x x x]
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Clause (c) of sub-section (1), and sub-sections (2), (3), (4) and (5) omitted by Punjab Act 14 of 1950, section 2.