Keyword(s):
Drug, Offer for Sale, Fixing of Price, Fixing of Quantity
InthisAc~,unlessthereisanythingrepugnantinthesubject
or context,–
i
(a) “dealer” means a person canying on, either personally or .
through any otherpcrson,the business of selling any drugs,
whethcr wholesale or retail ;
(b) “drug*’means any drug as definedin clause(b) of seclion
3 of the ~rugiAct, 1940 (23 of 1940), in respect of
which declararion has been made under section 3;
!i
(c) “offer for sale” includes a reference to an intimation by I
a person of the price proposed by him far a sale of any
drug, made by the pubIication of a price list,by exposing
the drug for safe in association with a mark indicating
price, by thefurnishing of a quotation or otherwise how-
soever ;
{d) “producer1’includes a manufaclurer.
(2) A drugshall bedecmed to be in thepossession of a person-
(i) when it isheId on behalf ofthat person by another person; -:.
(ii) notwithstanding that it is mortgagedto another person.
- The ‘[State] Government may, by notificadon, declare any drug
to be a drug to which thjs Act shall apply. - (1)The ‘[Srate] Government may,by notification,,fixin respect
of any drug –
(a) the maximum price or rate which may be charged by a
dealer or producer ;
(b)rhe m’ztximurn quantity which may at any one time be
possessed by a dealer or producer;
(c) the maximumquantity which may in any one transaction
be sold to any person.
(2) The pricesorratcs and thc quantities fixed inrespect of any
drug under this section may be differen1 in different localiries or for
diffcrent classes of dealers or producers.
I Substiti~tcdfor rile wnrd “~rovinci;~~” by lhc Rdnptalion olLawsOrdcr. 1950.1949 :EASTPo. ACT301
257
DRUGS (CONTROL)
. . I!. – - Nodealer or producer shalI –
(a) sell, agree to sell,offer forsale or otherwise disposeof to any
person any drug for,apriceorat a rate exceedingthe maximum
fixed by notificalion under clausc (a) of sub-seclion (I) of
section4; ,
(h) have in his possession a1 any one time a quantity of any drug
exceeding the maximjm 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 ofany article-exccedingthe maximum
fixed by notification under clausc (c) of sub-section (1) of
section 4..
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