Dealer, Drug, Offer for Sale, Producer

An Act topro~idefortlre corrtroI of rl;e sale, srrpply ariddisirib~rtio~r
of drrrgs.
WHEREASit is expedicn~LOprovidc for [he controI of the sale, supply
and djstribudon of drugs:
11is hcrehy enac~cdas fo1tows:-

  1. (1) This Acl may bc called the Wcst Bcngal Drugs (Con~ol) Shon ti~lc,
    West Ben.
    old. VITIor
    Act, 1950.
    (2) J! ex~endsta Ihc whole of Wcsr Bengal.
    (3) It shall be decnlcd to havc comc inlo forcc immediarcly on thc
    W~SLBengdDrugs (Conrrol) Ordinance. 1949, ccasing to opcrate.
  2. (1) In this Act, unless thcrc is anything rcpugnanr in hesubjccr
    or conlexr,-
    (a) “dealer” means a pcrson carrying on, cilher personally or
    rhrough any ohcr person, the business of sclling anydrugs,
    wherher wholesale or retail;
    (b) “drug” means any drug, as defincd in clause (b) of secdon 3
    orrhe Drugs Act, 1940,in respccl ofwhich adeclaration has
    becn made undcr scclion 3;
    (c) “offer Tor sale” includcs a reference ro an in!imalion by
    a person of the pricc proposed by him for a sale OF any
    drug, made by Ihc publication of a price lisr, by exposing
    hedrug for sale in associalion with a mark jndicaung
    price. by the furnishing of a quoralion or orherwise
    (d) “producer”includcs a manufacturer.
    (2) A drug shall be deemcd to be in the possession oFa pcrson-
    (i) wllen ii is held on bchalf of that person by another pcrson;
    (ji) nowihslanding that ir is mortgaged lo another person.
    which this
    declare any drug to bc a drug which this Act shall apply.
    ‘For Slaicincnl of Objcc~sand Rcaso~,src the Calcurru Gu:crrr. firru(~rdi~~aq, dated
    thc 13hMarch. 1950. Pan 307:for pmccdings of Ihe War Bcngd Legklmive
    Aswlnbly, sce rhc Prrxreedin~sol thc mccling of the Wcsl Rengd legisladvc Assembly.
    held on Ihc 22nd Mmh. 1950.
    ~Fornotificviondecl~ngthcdrupspccificdlobeIhedrugslo whichlhis Act shall apply
    and the fixation ofrbe marimurn*rail prices ~hcrclar,see no~ificdonNo.2 178 F.T.,dmed
    3.10.59, publishedin the ColcurrnGu;crre. Ertrdordinar): of 1949. PanI.
    subwqucndymndcdimm rime 10 lime.
    cxlcnt ad
  3. ThcStatcGovernmcn~may,by’notilicadonin~heO~ciaiCazsrre.Drugs toThe West Bet~galDrrrgs (Co~lrroi)Acr, 1950.
    !West Ben. Act
    Fining or
    prices md
    which may
    bc hcld or
    oo sdc. crc..
    fixed under
    limila!ion on
    which may
    be posscsscd
    a1 onc lirnc.
  4. (1) The Stale Government may,by noufica~ionin thc Ofleiat
    Gazette, fix in respec1 of any drug-
    (a) rhc maximumprice orrarc which maybe chargedby a dealcr
    or producer;
    (b) the rnaximumquantirywhich may alany onc timc bc possessed
    hy a dealer or producer;
    (F) thc maximum quanu~ywhich may in any one mnsacibn be
    sold to any person. .
    (2) Thcprices or ramand the quanli~icsfixed in respect of any drug
    under [hssecrion may bc ddi iicrent in difftrcn~localilies or for differenr
    classes of dealers or producers.
  5. No dealer or producer shall-
    (a) sell,agree to sell,offcr for sate or ohenvisedispose of ro any
    pctson any drug Tor a price or a! a rate exceeding Ihc
    maximum fixed by no~jiicalionundcr clausc (a) of sub-
    seclion (I)ofwction 4;
    (b) have in his possession aL any onc timc n quantity oC any
    drug exceeding ~he.maxirnumfixed by nolification undcr
    clause (b) of sub-sccrion (I) of section 4; or
    (c) sell, agree lo sell or offer for sale to any person in any onc
    wansaclion a quantity of any adiclc crcceding the maximum
    fixed by norification under clausc (c)of sub-section (1) of
    seclion 4.
  6. (1) No pcrson shall have in his possession at any one lime a
    grearer quantity of any drug to which hisscction applies than the quantity
    necessary far his reasonablc needs.
    (2) Thisscciion shallapplyonly tosuchdrugs as the StateGovernmcnt
    may, by order publishcd in heOflcialGuzene, specify Tor the purpose:
    Provided [ha[ nothingconrained in this scclion shall apply 10a dealer
    or producer in respect of mydrug sold or produccd by him.
  7. Any person having in his possession a quantity of any drug
    exceeding [hatpemljlted by or under [hisAct shall forthwithreport the Fact
    to hcSla!e Government or olherofficer empowcrcd in his bchalf by the
    S~arcGovcmmen~.and shall rakesuchaction as ro Ihcsraragc,dislribulion
    or disposal of thc cxcess quantily as Lhc S~aleGovernment may dirccl.
  8. No dealcr or producer shall, unlcss previously authorised to doso
    by [he Stale Govemmcnt, withou~suficicn~cause refuse to sell to any
    person any drugwitllin hclimitsas~oquanli~y,irany,imposedby hisAct.
    Expla~~atio~z.-Thepossibility or expectation of obtaining a higher
    price for a drug at a later dalc shall not be deemcd ro bc a suificient cause
    ior Lhc purpose of this section.Tlte Wesr Berrgal Drr~gs(Control)Acr, 1950.
    XXXVIof 1950.)
    . .
    given of
    cenoin salcs.
  9. (1) Every dealcrar producerwhenscllingany drugforcash shall, cab
    ‘- if rhe amaunt of rhe purchase is fiverupees or more, indlcases,and, if he
    amount of ~hcpurchaseis less lhan fiverupees, when so reques~cdby the
    purchaser,give orh he purchaser acashmemomdumcontainingp~cul~
    ofrhe transaction.
    (2) The Statc Government may, by noufica~ionin [he Oflciul
    Gazerre, prescribe he paniculars to tx conlained in any such cash
    (3) TheStatcGovernrnentmay,by nolificalion in thc Oficial Gnzerre,
    cxcmpt specifiedareas,classesof dcalersor producers, or classesof drugs
    rrom [he operation of this section.
  10. (I) The State Govcrnmcnr may direcl dealers or producers in M~~III~ OF
    general,or any dealeror producer in particular, to markany drugcxpased
    or in~cndedforsale wilh Lhc sale pricesorlo exhibit onhepremiscs a price pricc list.
    list of drugs held for sale,and may furlhcr givedireclions as to the manncr
    in which any such direclion as aforesaid is ro be carricd oul.
    (2) Nodeaicr shall destroy, eifacc or alter any label or mark afifixed
    to a drug and indicating the pricc marked by a producer.
  11. Where a dcaler or producer makes an offer to cntcr in10 a Obliga~ion
    ~ansnionfor a consideraion 10 be given as a whole in respec1 both of a
    sale of any drug and of some olher matter, thc dcaler or producer making on
    the offer shall state in writing thc pricc which he assigns to rhar drug, if hc
    is required to do so by any person ro whom the offer ismadc, and [heoffer
    shall be deemcd Tor [hepurposes of this Acl to be an offer lo scll that drug
    at he pricc so stated.
    ’12. (1 ) If in thc opinion of the Slale Govcrnrnenl it is neccssay or Pmhibition
    expedient so 10do, il may by order in wriling-
    (a) ‘prohibit the disposal of any drug except in such circurn-
    slancesand undcr such condilionsas may bcspecifiedin thc
    (b) direct the sale of any drug to any such dcaler or class of
    dealers and in such quanrities as may bc specified in Ihc

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