{ "id": 16689, "slug": "the-bombay-drugs-control-act-1959", "title": "The Bombay Drugs (Control) Act, 1959", "short_title": "The Bombay Drugs (Control) Act, 1959", "act_number": "Bombay Act No. 11 of 1960", "act_year": 1959, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "The Bombay Drugs (Control) Act, 1959", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(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;\n(b) \"dealer\" means a licensed wholesaler, or licensed retailer\n(c) \"Director\" means the Director of Prohibition and Excise appointed under the Bombay Prohibition Act, 1949 (Bombay XXV of 1949), and includes any officer on whom the State Government may confer or impose all or any of the powers, duties or functions of the Director under this Act.\n(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 subsection (1) of section 6 ;\n(e) \"household\" means a group of persons normally residing and messing jointly as members of one domestic unit, but does not include a servant;\n(f) \"licensed retailer\" means a retailer holding a licence under section 7;\n(g) \"licensed wholesaler\" means a retailer holding a licence under section 7;\n(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 registered dentist within the meaning of Dentists Act, 1948 (XVI of 1948), and also a registered veterinary practitioner within the meaning of the Bombay Veterinary Practitioners Act, 1953 (Bombay LXVIII of 1953), or any law corresponding thereto in force in any part of the State;\n(i) \"notified drug\" means a drug which has been notified by the State Government to be a notified drug under section 6;\n(j) \"prescribed\" means prescribed by rules made under this Act;\n(k) \"prescription\" means a prescription issued by a medical practitioner;\n(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 ;\n(m) \"State\" means the [State of Gujarat] ;\n(n) \"to transport\" means to move, from one place to another, within the State;\n(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.", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Director of Prohibition and Excise.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "4", "title": "4. Powers of Collector.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "5", "title": "5. Control of the Director on officers empowered under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6", "title": "6. Drugs to which this Act applies and notified drugs.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "7", "title": "7. Regulation of business of wholesaler or retailer in notified drugs.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8", "title": "8. Sale by retailer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "14", "title": "9. Power of dealer to sell to medical practitioner and person authorised under section 14; sale by medical practitioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Maximum quantity of sale by dealer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Licensed retailer and medical practitioner not to supply notified drug for the purposes other than medicinal and except under prescription.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Regulation of possession of notified drug.", "chapter": null, "content": "(a) (i) if he be a dealer, at any one time or during such period or periods as the State Government may specify, or\n(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 State Government may, by notification in the Official Gazette , determine in this behalf ;\n(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:", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Regulation of transport of notified drugs.", "chapter": null, "content": "(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\n(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 ;\n(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.\n(a) a traveller entering the State from any place outside it, and possessing a notified drug for bona-fide medicinal use of himself of a member of his household accompanying him; or\n(b) through transport of any notified drug from a place outside the State [****] to another place outside thereof.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "14", "title": "14. Regulation of possession or transport of notified drugs by certain persons.", "chapter": null, "content": "(a) any person in charge or management of a hospital or dispensary, to possess or transport,\n(b) any person in charge of an educational institution, to possess or transport for use for educational purposes only,\n(c) any person engaged in scientific research, to possess or transport for use for scientific research only,\n(d) a pilot of an aircraft, to possess or transport for use in an emergency on the aircraft,\n(e) any person in charge of an ambulance or first-in-aid station or first Aid box, to possess or transport for use in an emergency,\n(f) a chemist to possess or transport, for use in dispensing as an ingredient of a medicine,\n(g) any manufacturer of a medicine to possess or transport, for use in the manufacture thereof, any notified drug in such quantity, in such manner, and subject to such conditions as may be specified in such order.", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "15", "title": "15. Sale, possession and transport of notified drug by any person on account of another.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "16", "title": "16. Regulation of sale, etc. of notified drugs for the purposes of sample.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "17", "title": "17. Sale memorandum to be given in respect of sales.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "18", "title": "18. Power to suspend or cancel licence, etc.", "chapter": null, "content": "(a) if any fee payable by the holder thereof has not been duly paid;\n(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;\n(c) if the holder of such licence, permit or pass or any persons 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\n(a) a licence, permit or pass granted to such person under this Act has been previously suspended or cancelled, or\n(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.", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "19", "title": "19. Evasions of provisions.", "chapter": null, "content": "(a) give any false information, or\n(b) refuse to give any information lawfully demanded from him under this Act or the rules or orders made thereunder, or\n(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.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "20. Power to obtain information.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "21", "title": "21. Penalty.", "chapter": null, "content": "(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;\n(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 :\n(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 :", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "22", "title": "22. Offences by companies.", "chapter": null, "content": "(a) \"company\" means any body corporate and includes a firm or other association of individuals, and\n(b) \"director\" in relation to a firm means a partner in the firm.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "23", "title": "23. Magistrate's power to impose higher punishment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "24", "title": "24. Things liable to confiscation.", "chapter": null, "content": "(a) any notified drug in respect of which the offence has been committed,\n(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,\n(c) the receptacles, packages and coverings in which any notified drug referred to in clause (a) or clause (b), is found and the other contents, if any, of such receptacles, packages and coverings, and the animals, carts, vessels or other conveyance used in carrying any such notified drug, shall be liable to confiscation.", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "25", "title": "25. Procedure in confiscation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "26", "title": "26. Inspectors and procedure.", "chapter": null, "content": "(ii) No offence under this Act shall be investigated except by an Inspector appointed under sub-section (1).", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "27", "title": "27. No prosecution without sanction.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "28", "title": "28. Power to search and seize.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "29", "title": "29. Power to search and seize notified drugs, etc. in open place.", "chapter": null, "content": "(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;\n(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.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "30. Procedure for search and seizure.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "31", "title": "31. Power to inspect premises of licensed dealers.", "chapter": null, "content": "(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:\n(b) enter an 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 or 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.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "32", "title": "32. Appeals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "33", "title": "33. Revision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "34", "title": "34. Bar of proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "35", "title": "35. Punishment for vexatious entry, search or seizure.", "chapter": null, "content": "(a) without reasonable grounds of suspicion enters or searches or causes to be entered or searched, any building, vessel or place; or\n(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\n(c) vexatiously and unnecessarily detains or searches any person, shall be punished with fine which may extend to five hundred rupees.", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "36", "title": "36. Limitation of prosecutions or suits against officers.", "chapter": null, "content": "(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\n(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;", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "37", "title": "37. General powers of State Government.", "chapter": null, "content": "(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;\n(b) prescribe the number of places at which any notified drug specified in such order may be sold in any area;\n(c) prescribe the procedure to be followed before granting any licence, pass or permit;\n(d) specify the persons or classes of persons to whom licences or permit or passes under this Act may or may not be granted;\n(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;\n(f) prohibit the disposal of any notified drug except in such circumstances and under such conditions, as may be specified in the order;\n(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\n(h) issue such further directions as appear to it to be necessary or expedient in connection with any order made under this section.", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "38", "title": "38. Delegation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "39", "title": "39. Provisions of this Act not to apply to notified drugs which are the property of Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "40", "title": "40. Power to make rules.", "chapter": null, "content": "(a) the manner in which prescriptions or copies thereof and other records shall be maintained, and the period for which they shall be preserved, by medical practitioners and licensed retailers, under section 11;\n(b) prescribing the quantity of notified drug for the purposes of sample under section 16;\n(c) prescribing the other particulars to be contained in a memorandum of sale under section 17;\n(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;\n(e) prescribing the procedure to be followed in deciding appeals under section 32;\n(f) prescribing the number of places at which any notified drug may be sold in any area and the procedure to be followed before granting licences, permits and passes;\n(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;\n(h) the maintenance and preservation by dealers generally, or by any class of dealers of records and accounts of all sale land purchase transactions made by them, or of the stocks of notified drugs in their possession;\n(i) the furnishing of any such information as may be required with respect to the business or profession carried on by any dealers or any medical practitioner;\n(j) prescribing the accounts to be maintained and the returns to be submitted by a licence-holder, pass-holder, permit-holder or medical practitioner;\n(k) the inspection of any books of accounts or other documents relating to notified drugs belonging to or under the control of any dealers or medical practitioners;\n(l) the regulation or prohibition of the transfer of licences;\n(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(n) the disposal of confiscated articles ;\n(o) any other matter which is to be or may be prescribed under this Act.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "41. Repeals and Savings.", "chapter": null, "content": "(a) the previous operation of any law so repealed; or anything duly done or suffered thereunder;\n(b) any right, privilege, obligation or liability already acquired, accrued or incurred under any law so repealed, or\n(c) any penalty, forfeiture, or punishment incurred in respect of any offence committed against any law so repealed;\n(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding, or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "42", "title": "42. Savings of other laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 } ], "metadata": { "Act ID": "guj041", "Act Number": "Bombay Act No. 11 of 1960", "Enactment Date": "", "Act Year": "1959", "Short Title": "The Bombay Drugs (Control) Act, 1959", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:55:19" }