HNDPS Rules 74Chapter V · Possession, Transport, Purchase Sale, Use, Consumption etc. of Manufactured Drugs

Section 74 · Grant of license to druggist - Section 10(2)(f)

(1)

The Excise Commissioner or any other authorised officer may on the recommendation of the State Drug Controller, Haryana, grant to any person a druggist's license in From No. 24 on payment of a fee of one hundred rupees and subject to the following conditions; provided that no license shall be granted to a person who does not hold the requisite licenses under the Drugs Rules, 1945, made under the Drugs Act, 1940 (XXIII of 1940) :-

(1)The licensee shall be bound by the provisions of the Act and these rules and any other rules which may, from time to time, be made under the Act.

(2)

The licensee shall be responsible for the acts and omissions of every person employed by him in carrying on his business and of all his servants, as if the said acts and omissions were his own.

(3)

The licensee shall not permit any manufactured drug, which he is authorised to sell, to be dispensed or handled by any person other than medical practitioner or a dispenser registered under the Pharmacy Act, 1948 (Act No. VIII of 1948).

(4)

The licensee shall be authorised to sell the following drugs for medicinal purposes only :-

(i)

medicinal cannabis;

(ii)

medicinal opium;

(iii)

preparations containing medicinal cannabis or medicinal opium.

(5)

The licensee shall not have in his possession any medicinal connabis, medicinal opium or preparations containing medicinal cannabis or medicinal opium in quantities in excess of those stated in his license, and shall not keep the same in any place except the premises described in the license. He may also possess such quantity of opium as is specified in the license for the manufacture of medicinal opium.

(6)

The licensee shall procure his supplies either from a licensed vendor in Haryana, or by importation from a licensed vendor in some other State, after obtaining from the Deputy Excise and Taxation Commissioner, a permit in Form No. 18. The importation of his supplies by post is absolutely prohibited.

(7)

the licensee is authorised to manufacture medicinal opium and to compound any preparation containing medicinal cannabis or medicinal opium from the materials which he is lawfully entitled to possess.

(8)

The licensee shall maintain correct accounts of all transactions. Such accounts shall show, in respect of each receipt, the source of supply and the quantity received, and in respect of issues, the quantity issued each day, the original prescriptions on which they have been issued and in the case of issues made otherwise than on a prescription, receipts from the persons to whom the issues were made. Such accounts shall be preserved for not less than two years from the date of the last entry in the accounts, and should be signed by any excise officer who inspects the licensed premises.

(9)

Any package or bottle containing drugs shall before sale be marked with the quantity of the drugs in the package or bottle.

(10)

A preparation, admixture, extract or other substance containing drugs shall be sold only in a package or bottle plainly marked -

(i)

in the case of a powder, solution or ointment with the total quantity thereof in the package or bottle and the percentage of the drugs in the powder, solution or ointment; and

(ii)

in the case of tablets or other articles, with the quantity of the drugs in each article, and the number of articles in the package or bottle.

(11)

All stocks of opium, medicinal cannabis and medicinal opium and all accounts and records of transactions under the license shall be open to inspection by any officer of the Excise Department not below the rank of an Inspector, and any officer of the Drugs Control Department not below the rank of a Drugs Inspector.

(12)

The licensee shall on requisition by the Excise Commissioner or any authorised officer deliver up his licence for amendment or for the issue of a fresh licence.

(13)

The licensee shall on the first day of every quarter submit a correct quarterly statement showing the quantity of opium and medicinal cannabis and medicinal opium received by him during the quarter, the quantity sold by him and the quantity remaining in his possession, to the Excise and Taxation Officer concerned and the Drugs Inspector of the Drugs Control Department.

(14)

If on the expiry or cancellation of the licence, any stocks of opium, medicinal cannabis or medicinal opium remain in the possession of the licensee, he shall at once surrender these stocks to the Deputy Excise and Taxation Commissioner. If any portion of these stocks is declared by the Chief Medical Officer to be unfit for human consumption the Deputy Excise and Taxation Commissioner shall forthwith cause that portion to be destroyed, and the licensee shall not be entitled to claim any compensation for loss resulting from the destruction of such a portion of the drugs.

(15)

If any portion of the drugs is fit for human consumption the Deputy Excise and Taxation Commissioner shall make over such opium, medicinal cannabis or medicinal opium in any quantity not exceeding that which the transferee is likely to sell within two months to the incoming licenseee, who is taking the place of the previous licensee if the latter has surrendered these to the Deputy Excise and Taxation Commissioner or to any other licensee of the district.

(16)

The licensee shall be bound to accept from the Deputy Excise and Taxation Commissioner any portion of opium, medicinal cannabis and medicinal opium, which in the opinion of the Deputy Excise and Taxation Commissioner does not amount to more than two months' supply, at such a price as shall be determined by the Deputy Excise and Taxation Commissioner. The price shall be paid to the previous licensee, if he has surrendered the drugs in question to the Deputy Excise and Taxation Commissioner.

(17)

A druggist may import, export or transport such quantity of medicinal cannabis, opium and medicinal opium as may be specified in his licence.

(b)

(1) The Excise Commissioner shall in respect of each licensee fix and shall record in the licence the maximum quantity of medicinal cannabis or medicinal opium which the licensee may possess at any one time and opium for the purpose of manufacture of medicinal opium.

(2)A licensed druggist may, subject to the conditions of his licence, sell medicinal cannabis or medicinal opium for medicinal purposes only and to the undermentioned persons :-

(i)a medical practitioner, who (a) is either known to the licensed druggist, or (b) is introduced by some one known to the licensee and either signs the register in person or sends a written or signed order stating his name, address and the name and quantity of the article required. In the latter case the licensee must satisfy himself as to the genuineness of the signature and qualification of the medical practitioner. If the drugs are transported by post these shall be sent by registered post. In case of real emergency the licensee may Act on an oral message and send the drug; provided that the licensee is satisfied with the genuineness of the order and on the delivery he receives from the medical practitioner the signed order or an undertaking that the signed order will be furnished within twenty-four hours, if such signed order is not received within 24 hours the licensee shall forthwith report full details of the transaction to an Excise Officer not below the rank of an Inspector;

(ii)a druggist licensed under these rules or under any rules for the time being in force in any other State;

(iii)any other person authorised under these rules;

(3)All prescriptions for dispensing of such drugs shall be written out in Form 26 and the licensee shall be responsible that the prescriptions on authority of which such drugs are to be sold, are made on in that from.

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