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Section 4

The West Bengal Drugs ( Control ) Act, 1950State Act of West Bengal · Act 36 of 1950

(1) The State Government may, by notification in Fixing of the Official Gazette, fix in respect of any drug— maximum prices and

(a) the maximum price or rate which may be charged maximum by a dealer or producer ; quantities which

(b) the maximum quantity which may at any one time may be be possessed by a dealer or producer; held or sold.

Interpretation.

Duty to declare possession of excess stocks.

Refusal to sell.

Cash memorandum to be given of certain sales.

1111111W Restrictions on sale, etc., where maximum is fixed under section 4.

2 The West Bengal Drugs (Control) Act, 1950.

[West Sen. Act .(Sections 5-9.)

(a) 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. 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 (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 of any article exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 4.

General 6. (1) No person shall have in his possession at any one limitation time a greater quantity of any drug to which this section on quan- applies than the quantity necessary for his reasonable needs. tity which may be (2) This section shall apply only to such drugs as the possessed State Government may, by order published in the at one Official Gazette, specify for the purpose : time.

Provided that nothing contained in this section shall apply to a dealer or producer in respect of any drug sold or produced by him.

7. 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. 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.

Where this provision sits

ActThe West Bengal Drugs ( Control ) Act, 1950
Section4
JurisdictionState of West Bengal
StatusIn force as published by the source

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