West Bengal Drugs (Control) Act, 1950
No: 36 Dated: May, 04 1950
THE WEST BENGAL DRUGS (CONTROL) ACT, 1950
West Bengal Act XXXVI of 1950
An Act to provide for the control of the sale, supply and distribution of drugs.
Whereas it is expedient to provide for the control of the sale, supply and distribution of drugs;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Drugs (Control) Act, 1950.
(2) It extends to the whole of West Bengal.
(3) It shall be deemed to have come into force immediately on the West Bengal Drugs (Control) Ordinance, 1949, ceasing to operate.
2. Interpretation. - (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, in respect of which a 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 an 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 State Government may, by notification in the Official Gazette, declare any drug to be a drug which this Act shall apply.
4. Fixing of maximum prices and maximum quantities which may he held or sold. - (1) The State Government may, by notification in the Official Gazette, 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.
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 (6) 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 limitation 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 State Government may, by order published in the Official Gazette, specify for the purpose :
Provided that nothing contained in this section apply to a dealer or producer in respect of any drug sold or produced by him.
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 the State Government, and shall take such action as to the storage, distribution or disposal of the excess quantity as the State Government may direct.
8. Refusal to sell. - No dealer or producer shall, unless previously authorised to do so by the State Government, 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.
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 State Government may, by notification in the Official Gazette, prescribe the particulars to be contained in any such cash memorandum.
(3) The State Government may, by notification in the Official Gazette, exempt specified areas, classes of dealers or producers, or classes of drugs from the operation of this section.
10. Marking of prices and exhibiting price list. - (1) The State Government 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, effect or alter any label or mark affixed to a drug and indicating the price marked by a producer.
11. Obligation to state price separately on composite offer. - Where a dealer or producer makes air 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.