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  "title": "DRUGS ACT, 1976",
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  "text": "THE DRUGS ACT, 1976 \r\n(XXXI of 1976) \r\nCONTENTS \r\nCHAPTER I \r\nINTRODUCTORY \r\n1. Short title, extent and commencement \r\n2. Application of other laws not barred \r\n3. Definitions \r\nCHAPTER II \r\nADMINISTRATION AND ENFORCEMENT \r\n4. Regulation and prohibition of import, etc., of drugs \r\n5. Regulation of manufacture of drugs \r\n6. Regulation of sale of drugs \r\n7. Registration of drugs \r\n8. Pakistan National Formulary \r\n9. Appellate Board \r\n9A. Appeals to the Provincial Appellate Authority \r\n10. Expert Committees \r\n11. Provincial Quality Control Board \r\n11A. Conflict of interest \r\n11B.  Provincial Drugs Monitoring Teams \r\n11C. Independent inspection \r\n12. Power to fix maximum prices of drugs, etc \r\n13. Directions to Provincial Governments \r\n14. Federal Drug Laboratory and institutes, etc \r\n15. Provincial Drugs Testing Laboratory \r\n16. Government Analysts \r\n17. Inspector \r\n18. Powers of Inspectors \r\n19. Procedure for Inspectors \r\n20. Persons bound to disclose place where drugs a r e manufactured or \r\nkept \r\n21. Disclosure of the name of the manufacturer \r\n22. Reports of Government Analysts \r\n22A. Reports of the Notified Drugs Laboratories \r\nCHAPTER III \r\nPROHITIONS \r\n23. Import, manufacture and sale of drugs \r\n23A. Omitted \r\n23B. Omitted \r\n23C. Omitted \r\n24. Control of advertisement \r\n25. Control of samplings \r\n26. Control of printing of labeling \r\nCHAPTER IV \r\nOFFENCES, PENALTIES AND PROCEDURE \r\n27. Penalties \r\n27A.  Omitted \r\n28. Penalty for subsequent offence \r\n28A. Recall of drugs \r\n29. Forfeiture \r\n30. Cognizance of offences  \r\n31. Drug Courts \r\n31A. Appeal \r\n32. Pleas \r\n33. Application of law relating to customs and powers of officers of customs \r\n34. Offences by companies, etc \r\n35. Publication of offender's name \r\n36. Powers to exempt \r\n37. Inspectors to be public servants \r\n38. Indemnity \r\n39. Finality of orders, etc. \r\n40. Publication of result of test or analysis, etc \r\n41. Cancellation or suspension of licences \r\n41A. Suspension of license by Provincial Quality Control Board \r\n42. Cancellation or suspension of registration of registered drugs \r\nCHAPTER V \r\nMISCELLANEOUS \r\n43. Power of Federal Government to make rules \r\n43A.  Power to delegate \r\n44. Power of the Provincial Government to make rules \r\n45. Repeal and Savings \r\nTEXT \r\n1\r\nTHE DRUGS ACT, 1976 \r\n(XXXI of 1976) \r\n[18 May 1976] \r\nAn \r\nAct \r\nto regulate the import, export, manufacture, storage, distribution and sale of drugs \r\nWHEREAS it is expedient to regulate the  import, export, m anufacture, \r\nstorage, distribution and sale of drugs; \r\nIt is hereby enacted as follows:– \r\nCHAPTER I \r\nINTRODUCTORY \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\nDrugs Act, 1976. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come in to force at once. \r\n2. Application of other laws not barred.– The provisions of this Act, shall be in \r\naddition to, and not in derogation of, the Dangerous Drugs Act, 1930 (II of 1930), and \r\nany other law for the time being in force. \r\n3. Definitions.– In\r\n \r\nthis\r\n \r\nAct,\r\n \r\nunless\r\n \r\nthere\r\n \r\nis\r\n \r\nanything repugnant in\r\n \r\nthe\r\n \r\nsubject or \r\ncontext,– \r\n(a) \"adulterated drug\" means a drug– \r\n(i) which consists in whole or in part of any filthy, putrid or \r\ndecomposed subst ance or which contains any foreign matter, \r\nvermin, worm, rodent or insect; or \r\n(ii) which\r\n \r\nhas\r\n \r\nbeen\r\n \r\nmanufactured,\r\n \r\npacked,\r\n \r\nor\r\n \r\nheld\r\n \r\nunder\r\n \r\nunsanitary \r\nconditions whereby it \r\n2\r\n[has] been contaminated with dirt, filth or \r\nany other foreign matter or whereby it may have been rendered \r\ninjurious to health; or \r\n(iii) the container of which releases any poisonous  or deleterious \r\nsubstance which may render the contents injurious to health; or \r\n(iv) which bears or contains as an ingredient a substance other than \r\nthe prescribed substance; or \r\n                                                           \r\n1This Act was assented to by the President on 11  May 1976 and published in the Gazette of Pakistan (Extraordinary), on 18 May \r\n1976, pp.299-320. For Statement of Objects and Reasons, see Gaz., of P., 1976, Ext., Pt. III, p. 250. \r\nAn offence punishable under the Drugs Act, 1976, will be tried and punished by a Military Court, see Notification No. \r\n57/1(1)1943/AJAG/CMLA/82, dated, see Gaz. of P., Ext., Pt. I, p. 153. \r\n2Substituted for the words “may have” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette \r\nof Pakistan (Extraordinary), dated:15 November 2002, pp. 1984-1989, s.2.  \r\n(v) with which any subst ance has been mixed or packed so as to \r\nreduce its quality\r\n \r\nor\r\n \r\nstrength\r\n \r\nor\r\n \r\nfor\r\n \r\nwhich\r\n \r\nany\r\n \r\nsubstance\r\n \r\nhas\r\n \r\nbeen\r\n \r\nsubstituted wholly or in part; \r\n(b) \"Appellate Board\" means the Board constituted under section 9; \r\n(c) \"batch\" means a quantity of any drug produced during a given cycle of \r\nmanufacture; \r\n(d) \"batch\r\n \r\nnumber\"\r\n \r\nmeans\r\n \r\na\r\n \r\ndesignation\r\n \r\nprinted\r\n \r\non\r\n \r\nthe\r\n \r\nlabel\r\n \r\nof\r\n \r\na\r\n \r\ndrug\r\n \r\nthat \r\nidentifies the batch and permits the production history of  the batch, \r\nincluding all stages of m anufacture and control, to be  traced and \r\nreviewed; \r\n(e) \"Central Licensing Board\" means a Board set up under section 5; \r\n(f) \"counterfeit drug\" means a drug the label or outer-packing of which \r\nis an imitation\r\n \r\nof,\r\n \r\nor\r\n \r\nresembles\r\n \r\nor\r\n \r\nso\r\n \r\nnearly\r\n \r\nresembles\r\n \r\nas\r\n \r\nto\r\n \r\nbe\r\n \r\ncalculated\r\n \r\nto \r\ndeceive, the label or outer-packing of a drug of another manufacturer; \r\n(g) \"drug\" includes– \r\n(i) any subst ance or\r\n \r\nmixture of subst ances that is m anufactured, \r\nsold, sto red, offered for sale or represented for internal or \r\nexternal use in the t reatment, mitigation, prevention or diagnosis \r\nof disease, an abnormal physical state, or the symptoms thereof \r\nin human beings or animals, or the restoration, correction, or \r\nmodification of organic functions in human beings or animals, not \r\nbeing a  substance exclusively used or prepared for use in  \r\naccordance with the ayurvedic, unani, homoeopathic or \r\nbiochemic system of t reatment except those substances and in \r\naccordance with such conditions as may be prescribed; \r\n(ii) abortive and contraceptive subst ances, agents and d evices, \r\nsurgical li gatures, sutu res, bandages, absorbent cotton, \r\ndisinfectants, b acteriophages, adhesive pl asters, gelatine \r\ncapsules and antiseptic solutions; \r\n(iii) such substances intended to be us ed for the d estruction or \r\nrepulsion of su ch vermin, insects, rodents and other organisms \r\nas cause, carry or t ransmit disease in human beings or animals \r\nor for disinfection in residential areas or in premises in which food \r\nis manufactured, prepared or kept or stored; \r\n(iv) such pesticides as may cause health hazard to the public; \r\n(v) any substance\r\n \r\nmentioned\r\n \r\nas\r\n \r\nmonograph or\r\n \r\nas\r\n \r\na\r\n \r\npreparation\r\n \r\nin\r\n \r\nthe \r\nPakistan Pharmacopoeia or the Pakistan National Formulary or \r\nthe International Pharmacopoeia or the British Pharmacopoeia or \r\nthe British Pharmaceutical\r\n \r\nCodex\r\n \r\nor\r\n \r\nthe\r\n \r\nUnited\r\n \r\nStates\r\n \r\nPharmacopoeia or\r\n \r\nthe National\r\n \r\n Formulary\r\n \r\n of\r\n \r\n the\r\n \r\n United\r\n \r\n States,\r\n \r\n \r\nwhether\r\n \r\n alone\r\n \r\n or\r\n \r\n in combination\r\n \r\n with\r\n \r\n any\r\n \r\n substance\r\n \r\n exclusively \r\nused\r\n \r\n in\r\n \r\n the\r\n \r\n unani, ayurvedic,\r\n \r\n homoeopathic\r\n \r\n or\r\n \r\n biochemic \r\nsystem\r\n \r\n of\r\n \r\n treatment,\r\n \r\n and int ended to be used for any of the \r\npurposes mentioned in sub-clauses (i), (ii) and (iii); 3[*] \r\n                                                           \r\n3Omitted for the word “and” by the Drugs ( Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette \r\n4[(va) Therapeutic goods as defined under clause (xxxvi) of sec tion 2 of the \r\nDrug Regulatory Authority of Pakistan Act, 2012 (XXI of 2012); and] \r\n(vi) any other substance which the Federal Government may, by \r\nnotification in the o fficial Gazette, declare to be  a \"drug\" for the \r\npurposes of this Act; \r\n(h) \"expiry date\" means the date stated on the label of a drug after which \r\nthe drug is not expected to retain its claimed efficacy, safety, quality or \r\npotency or after which it is not permissible to sell the drug; \r\n(i) \"expert\" means a specialist through university education and experience \r\nin the relevant field; \r\n(j) \"export\", with its grammatical variations and cognate expressions, \r\nmeans to take out of Pakistan by sea, land or air; \r\n(k) \"generic name\" means the non-proprietary, scientific or official name \r\nof a drug as approved by the Federal Government; \r\n(l) \"Government Analyst\" means a Federal Government Analyst or a \r\nProvincial Government Analyst appointed under section 16; \r\n(m) \"import\", with its grammatical variations and cognate expressions, \r\nmeans to bring into Pakistan by sea, land or air; \r\n(n) \"Inspector\" means a Federal Inspector or a Provincial Inspector \r\nappointed under section 17; \r\n(o) \"label\" m eans a displ ay of w ritten, p rinted or graphic m atter upon the \r\nimmediate container, or  the outside container or wrapper of a  drug \r\npackage; \r\n(p) \"labelling\" means all labels and other written, printed or graphic matter \r\naccompanying any drug; \r\n(q) \"licensing authority\" means such authority as may be prescribed; \r\n(r) \"manufacture\", in relation to a drug, means all operations involved \r\nin the p roduction of the drug, including p rocessing, compounding, \r\nformulating, filling, packing, repacking, altering, ornamenting, finishing \r\nand labelling with a vi ew to its storage, sale and distribution, but does \r\nnot include the compounding and dispensing or the packing of any drug \r\nin the ordinary course of retail business or on  a p rescription of a  \r\nregistered medical practitioner or d entist\r\n \r\nor\r\n \r\nof\r\n \r\na\r\n \r\nveterinarian\r\n \r\nand\r\n \r\n\"to\r\n \r\nmanufacture\"\r\n \r\nshall\r\n \r\nbe\r\n \r\nconstrued accordingly; \r\n(s) \"misbranded drug\" means a drug– \r\n(i) which is not labelled in the prescribed manner; or \r\n(ii) on the label or labelling of which any word, statement, or other \r\nmatter or information required by the rules to appear on the label \r\nor labeling is not prominently placed with such conspicuousness \r\n(as compared with other words, statements, designs, or devices \r\n                                                                                                                                                                                       \r\n(Extraordinary), dated:18 December 2025, pp. 3279-3280, s.2(a).   \r\n4Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 \r\nDecember 2025, pp. 3279-3280, s.2(b).   \r\non the label or labelling) and in such terms as may render it likely \r\nto be read and understood by the o rdinary individual under \r\ncustomary conditions of purchase and use; or \r\n(iii) which is not labelled with such directions for use and such \r\nwarnings against use in indications where its use may be  \r\ndangerous to health, or against unsafe dosage or duration of \r\nadministration or application, in su ch manner and form as are \r\nnecessary for the protection of users or as may be prescribed; or \r\n(iv) the label or container of which, or anything accompanying which, \r\nbears any statement, design or device wh ich m akes any false \r\nclaim for the drug or which is false or misleading in any particular; \r\nor \r\n(v) which is so coloured, coated, powdered or polished that damage \r\nis concealed, or which is made to  appear of  better or greater \r\ntherapeutic value than it really is; or \r\n(vi) which is manufactured according to the specifications of a \r\nparticular pharmacopoeia or any other document as may be \r\nprescribed and the l abel does not  bear the n ame of  that \r\npharmacopoeia or document; \r\n5\r\n[(sa) “Notified Drugs Laboratory” means the drug testing laboratory notified by \r\nthe Provincial Government under subsection (2) of section 15 of the \r\nAct;] \r\n(t) \"prescribed\" means prescribed by rules; \r\n6\r\n[(ta) “Provincial Drugs Monitoring Team” means one or more Provincial \r\nDrugs Monitoring Team constituted under section 11B of the Act;] \r\n(u) \"Provincial Quality Control Board\" means a Board set up under section \r\n11; \r\n(v) \"Registration Board\" means a Board set up under section 7; \r\n(w) \"registered drug\" means any drug registered under section 7; \r\n(x) \"rules\" mean rules made under this Act; \r\n(y) \"Drug Court\" means a court established under section 31; \r\n(z) \"specifications\" when applied to a drug mean– \r\n(i) such specifications as may be prescribed; or \r\n(ii) when the s pecifications are not prescribed, the specifications as \r\ncontained in the most recent edition of any of the following \r\npublications, namely:– \r\n(1) the Pakistan Pharmacopoeia; \r\n(2) the International Pharmacopoeia;  \r\n                                                           \r\n5Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.2. \r\n6Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Pu njab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.2. \r\n(3) the European Pharmacopoeia; \r\n(4) the United States Pharmacopoeia;  \r\n(5) the British Pharmacopoeia; \r\n(6) the British Pharmaceutical Codex; \r\n(7) the United States National Formulary; and \r\n(8) such other publication as may be prescribed: \r\nProvided th at, if t he sp ecifications do not  appear in the  \r\nmost recent edition of any such publication, the \r\nspecifications appearing in the next proceeding edition of \r\nsuch publication in which the sp ecifications appear shall \r\napply; or \r\n(iii) if no specifications are either prescribed or contained in any of  \r\nthe publi cations referred to in sub-clause (ii), the sp ecification \r\napproved for the purpose of registration under this Act; \r\n(za) \"sell\" means sell, offer for sale, expose for sale, have in possession \r\nfor sale and distribution and \"to sell\" \"sold\" or \"sale\" shall be construed \r\naccordingly; \r\n(zb) \"spurious drug\" means a drug– \r\n(i) which purports to be a drug but  does not contain the active \r\ningredient of that drug; or \r\n(ii) which purports to be the product of a manufacturer, place or \r\ncountry of whom or of which it is not truly a product; or \r\n(iii) which is imported or exported or sold or offered or exposed \r\nfor sale under a particular name while actually it is another drug; \r\nor \r\n(iv) the\r\n \r\nlabel\r\n \r\nof\r\n \r\nwhich\r\n \r\nbears\r\n \r\nthe\r\n \r\nname\r\n \r\nof\r\n \r\nan\r\n \r\nindividual\r\n \r\nor\r\n \r\ncompany \r\npurporting to be its manufacturer or producer which individual or \r\ncompany is fictitious or does not exist; \r\n(zc) \"storage\" means storage for sale and \"to store\" or \"stored\" shall \r\nbe construed accordingly; and \r\n7\r\n[(zd) “sub-standard drug” means a drug which is not of specifications; \r\n(ze) “professional member” means a person who is qualified for \r\nappointment as Inspector or Government Analyst and appointed \r\nby the Provincial Government in such manner and on such terms \r\nand conditions as may be prescribed.] \r\nCHAPTER II \r\nADMINISTRATION AND ENFORCEMENT \r\n4. Regulation\r\n \r\nand\r\n \r\nprohibition\r\n \r\nof\r\n \r\nimport,\r\n \r\netc.,\r\n \r\nof\r\n \r\ndrugs.– (1) The\r\n \r\nFederal \r\nGovernment stall regulate tile import and export of drugs in the prescribed manner \r\n                                                           \r\n7Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.2. \r\nand for th at purpose may make such orders and issue such directions to the \r\nimporters and exporters as it may deem fit. \r\n(2) If in the opinion of the Federal Government the public interest so \r\nrequires, the Federal Government may, by notification in the official Gazette,– \r\n(a) direct that a drug o r a class of drugs specified in the notification, or \r\ndrugs generally, shall not be imported or exported otherwise than under \r\nthe authority of a licence issued under this Act or except by an importer \r\nor exporter or th rough an ind entor registered in accordance with the \r\nrules; \r\n(b) direct that a drug or class of drugs specified in the notification shall not \r\nbe imported except by an agency of Government so specified; or \r\n(c) prohibit the import or export of any drug or class of drugs specified in \r\nthe notification. \r\n8\r\n[(3) Subject to sub-sections (1) and (2), only such drugs shall be imported \r\nwhich are on  sale in the market of any of  the western European countries, USA, \r\nJapan, Australia or any other country as may be prescribed.] \r\n5.  Regulation of manufacture of drugs.– (1) The grant of licences to \r\nmanufacture drugs shall be regulated in accordance with such conditions and \r\nprocedure as may be prescribed, by a Central Licensing Board to be set up by the\r\n \r\nFederal Gov ernment and consisting of such representatives o f the Federal \r\nGovernment and the Provincial Governments as may be prescribed. \r\n(2) The members of the C entral Licensing Board shall exercise such \r\npowers, including the powers of an Inspector, as may be prescribed. \r\n(3) The Central Licensing Board shall \r\n9\r\n[,with the approval of the Federal \r\nGovernment and by notification in the official Gazette,] make regulations to regulate \r\nthe conduct of its business. \r\n(4) Any member of the Central Licensing Board may, at any time, by \r\nwriting under his hand addressed to the Federal Government, resign his office or \r\nshall vacate his office if the Federal Government, being of opinion that in the public \r\ninterest it is necessary so to do, so directs. \r\n(5) Subject to sub-section (4), a member of the Central Licensing Board \r\nshall hold office for the prescribed period. \r\n6.  Regulation of sale of drugs.– The Provincial Governments shall regulate the \r\nsale of drugs in the prescribed manner and may for that purpose make such orders, \r\nand issue such di rections to the importers, manufacturers, stockists, retailers or \r\nother dealers of drugs, as they may deem fit. \r\n7.  Registration of drugs.– (1) The Federal Government shall cause all drugs to \r\nbe registered in accordance with such conditions and procedure as may be \r\nprescribed and for th at purpose set up a Registration Board, consisting of  such \r\n                                                           \r\n8Added by the Drugs ( Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.3. \r\n9Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extra ordinary), \r\ndated:15 November 2002, pp 1984-1989, s.4. \r\nnumber of persons, possessing such qualifications, as may be prescribed. \r\nExplanation.– In this section, \"drugs\" means drugs which are in the finished form \r\nready for use. \r\n(2) The members of the Registration Board shall exercise such powers, \r\nincluding the powers of an Inspector, as may be prescribed. \r\n(3) The R egistration Board shall \r\n10\r\n[, with the approval of the  Federal \r\nGovernment, and by notification in the o fficial Gazette,] make regulations to regulate \r\nthe conduct of its business. \r\n(4) Any member of the Registration Board may, at any time, by writing \r\nunder his h and addressed to the Federal Government, resign his office or sh all \r\nvacate his office if the Federal Government, being of opinion that in the public interest \r\nit is necessary so to do, so directs. \r\n(5) Subject to sub-section (4), the members of the Registration Board shall \r\nhold office for the prescribed period. \r\n(6) The Federal Government shall, by notification in the official Gazette, fix \r\nthe date after which no drug which is not registered shall be allowed to be exported, \r\nimported, manufactured, stored, distributed or sold. \r\n(7) A person applying for the registration of a drug sh all furnish such \r\ninformation in respect of the drug as may be prescribed, including information relating \r\nto its efficacy, safety and quality, or as may be required by the Registration Board for \r\nthe purpose of the evaluation of the drug. \r\n(8) Single-ingredient drugs shall be registered generally by their generic \r\nnames while compound drugs shall be registered generally by their proprietary names. \r\nExplanation.– In this sub-section,– \r\n(a) \"Single-ingredient drugs\" means drugs containing one active ingredient; \r\n(b) \"compound drugs\" means drugs  containing more than  one active \r\ningredient. \r\n11\r\n[(9) The registration of a drug shall be subject to such conditions as may be \r\nprescribed.] \r\n(10) Where the Registration Board registers a drug, it shall inform the person \r\napplying for its registration and the Provincial Governments of its having done so and \r\nof the conditions subject to which it has been registered. \r\n(11) If the Registration Board,  on the basis of information received or an \r\ninquiry conducted by it, is of opinion that– \r\n(a) the registration of a drug was procured by fraud or misrepresentation; or \r\n(b) the circumstances in which a drug was registered no longer exist; or \r\n(c) there has been a violation of the conditions subject to which a drug was \r\nregistered; or \r\n                                                           \r\n10Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.5. \r\n11Substituted by the Drugs (Amendmen t) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan \r\n(Extraordinary), dated:15 November 2002, pp 1984-1989, s.5. \r\n(d) it is necessary in the public interest so to do; \r\nthe Registration Board may, after affording to the person on whose application \r\nthe drug was registered an opportunity of showing cause against the action proposed \r\nto be taken,  cancel or suspend the registration or specify any further condition s to \r\nwhich the registration shall be subject and inform such person and the  Provincial \r\nGovernments accordingly. \r\n(12) The Provincial Governments shall take all such steps as may be \r\nnecessary to  ensure compliance with the conditions s ubject to which a drug is \r\nregistered and to prevent the manufacture or sale of a drug– \r\n(a) which has not been registered; or \r\n(b) the registration of which has been cancelled or stands suspended. \r\n8. Pakistan Na tional Formulary.– The Federal Government sh all compile and \r\npublish in the official Gazette Pakistan National Formulary comprising all drugs \r\nallowed to be imported, manufactured or sold and such Formulary may be reviewed \r\nand modified from time to time. \r\n9. Appellate Board.– (1) The Federal Government shall, in accordance with \r\nthe rules, constitute an App ellate Board for the dispos al of appeals preferred by \r\npersons aggrieved by any decision of the Central Licensing Board or the Registration \r\nBoard or the licensing authority or a Board or Authority to which the powers of the \r\nFederal Government under section 12 have been delegated under sub-section (3) of \r\nthat section and for revision of any such decision on its own motion. \r\n(2) The Appellate Board shall consist of such representatives of the Federal \r\nGovernment and the Provincial Governments, including a Chairman, as the Federal \r\nGovernment may from time to time appoint. \r\n(3) Subject to sub-section (4), the Chairman and other members of the \r\nAppellate Board shall hold office for the prescribed period. \r\n(4) The Chairman or any o ther member of the Appellate Board may, by \r\nwriting under his hand addressed to the Federal Government, resign his office or \r\nshall vacate his office if the Federal Government, being of opinion that in the public \r\ninterest it is necessary so to do, so directs. \r\n(5) The members of the Appellate Board shall exercise such powers, \r\nincluding the powers of an Inspector, as may be prescribed. \r\n(6) The Appellate Board may appoint experts for the purposes of detailed \r\nstudy of any specific matter before it. \r\n(7) The Appellate Board shall \r\n12\r\n[,with the approval of the Federal \r\nGovernment and by notification in the official Gazette,] make regulations to regulate \r\nthe conduct of its business. \r\n13\r\n[(8) The Appellate Board shall meet at least every month and shall decide \r\nany appeal preferred to it within sixty days of receipt of appeal unless the Board is \r\n                                                           \r\n12Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary ), \r\ndated:15 November 2002, pp 1984-1989, s.6. \r\n13Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.6. \r\nprevented from doing so for sufficient cause to be recorded.] \r\n14\r\n[9A. Appeals to the Provincial Appellate Authority.– (1) Any person aggrieved \r\nby any\r\n \r\ndecision\r\n \r\nof\r\n \r\nthe\r\n \r\nlicensing\r\n \r\nauthority\r\n \r\nmay\r\n \r\nprefer\r\n \r\nappeal\r\n \r\nto\r\n \r\nthe\r\n \r\nProvincial\r\n \r\nAppellate \r\nAuthority. \r\n(2) The Provincial Government shall constitute a Provincial Appellate \r\nAuthority for the dispos al of appeal preferred under sub-section (1) as m ay be \r\nprescribed.] \r\n10. Expert Committees.– (1) The Federal Government may constitute \r\ncommittees of experts on Drugs Evaluation, on Pakistan Pharmacopoeia, on \r\nAdvertising and on such other matters as may be necessary for the purposes of this \r\nAct. \r\n(2) Each committee constituted under sub-section (1) shall consist of such \r\nmembers as the Federal Government may appoint from time to time and each such \r\nmember shall hold office during the pleasure of the Federal Government. \r\n11. Provincial Quality Control Board.– (1) Each Provincial Government shall set \r\nup a Provincial Quality Control Board  consisting of such members, including a \r\nChairman, as that Government may appoint from time to time. \r\n(2) The Chairman and other members of the Provincial Quality Con trol \r\nBoard shall hold office during the pleasure of the Provincial Government, on such \r\nterms and conditions as that Government may determine. \r\n(3) The Provincial Government shall appoint a person to be the Secretary of \r\nthe Provincial Quality Cont rol Board and provide the Board with such staff as the \r\nProvincial Government may consider necessary. \r\n(4) The Provincial Quality Control Board shall \r\n15\r\n[, with the approval of the \r\nProvincial Government\r\n \r\nand\r\n \r\nby\r\n \r\nnotification\r\n \r\nin\r\n \r\nthe\r\n \r\nofficial\r\n \r\nGazette,]\r\n \r\nmake\r\n \r\nregulations\r\n \r\nto\r\n \r\nregulate\r\n \r\nthe conduct of its business. \r\n(5) The following shall be the powers and functions of the Provincial \r\nQuality Control Board, namely:– \r\n(a) to inspect any p remises where any d rug is being, or is to be, \r\nmanufactured or sold and to recommend to the appropriate authority the \r\ncancellation or suspension of the licence to manufacture or sell drugs \r\ngranted to any p erson who  is found to be contravening, or to have \r\ncontravened, any of the provisions of this Act, or the rules; \r\n(b) to scrutinize the reports of Provincial Inspectors in respect of \r\ncontraventions of  this Act and reports of Government Analysts in \r\nrespect of drugs sent to th em by Provincial Inspectors for test and \r\nanalysis and issue instructions to the Inspectors as to the  action to be \r\ntaken on such reports: \r\nProvided that the Provincial Quality Control Board may specify the class \r\n                                                           \r\n14Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.7. \r\n15Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.8. \r\nof cases in which a Provincial Inspector may make a complaint to the \r\nDrug Court, or take any other action, without the specific instructions of \r\nthe Board; \r\n(c) to exercise all the pow ers of an Inspector und er this  Act and the \r\nrules;\r\n16\r\n[*] \r\n(d) to advise the Provincial Government on ways and means to ensure \r\nquality control of drugs manufactured in the Province \r\n17\r\n[;] \r\n18\r\n[(e) to\r\n \r\nascertain\r\n \r\nthe\r\n \r\nnames\r\n \r\nof\r\n \r\nsuch\r\n \r\ndirectors,\r\n \r\npartners\r\n \r\nand\r\n \r\nemployees\r\n \r\nof\r\n \r\nthe \r\ncompany, corporation, firm or institution who are prima facie responsible \r\nfor the\r\n \r\ncommission\r\n \r\nof any offence\r\n \r\nunder\r\n \r\nthis\r\n \r\nAct\r\n \r\nor the\r\n \r\nrules\r\n \r\nand\r\n \r\nallow\r\n \r\nan \r\nInspector to institute prosecution only against such persons; \r\n(f) to conduct annual validation of all instruments in the provincial drug \r\ntesting l aboratories and to recommend measures to upgrade su ch \r\nlaboratories, if required; \r\n(g) identify and accredit on payment of fee other laboratories in the \r\nProvince with suitable facilities and expertise; \r\n(h) to\r\n \r\nconduct\r\n \r\ntraining\r\n \r\nprograms\r\n \r\nto\r\n \r\nupdate\r\n \r\nGovernment\r\n \r\nAnalysts\r\n \r\nand\r\n \r\nfor \r\nimproving th eir knowledge according to  latest analytical method and \r\ntechnology; \r\n19\r\n[*] \r\n20\r\n[(i) to specify, by general or special order, the drugs which may be sent for \r\ntest and analysis to the Notified Drugs Laboratory for drug testing and \r\nanalysis; and] \r\n21\r\n[(j) to submit a monthly report of the decisions and activities to the Federal \r\nGovernment and the Provincial Government.] \r\n(6) The Provincial Quality Control Board may entrust any of its powers or \r\nfunctions under sub-section (5) to any one or more of its members. \r\n22\r\n[(7)  The Provincial Quality Control Board may constitute a committee or \r\ncommittees, consisting of the members of the Board and other persons including at \r\nleast two professional members and delegate to the committee any of its powers and \r\nfunctions under subsection (5) for exercise within the specified area.] \r\n                                                           \r\n16The word “and” was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8. \r\n17Substituted for the “full -stop” by the  Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.8. \r\n18Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan ( Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.8. \r\n19Deleted the word “and” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette \r\n(Extraordinary), dated: 13 February 2017, pp.4519-4525, s.3. \r\n20Substituted by the Punja b Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: \r\n13 February 2017, pp.4519-4525, s.3. \r\n21Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated:  13 \r\nFebruary 2017, pp.4519-4525, s.3. \r\n22Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.3. \r\n23\r\n[11A. Conflict of interest.– No person who is a m ember of the Appellate Board, \r\nCentral Licensing Board, a Provincial Quality Board, the Registration Board or a \r\nmember of Expert Committee shall be a member of the any other board or committee \r\nof which he is a member to avoid any conflict of interest.] \r\n24\r\n[11B. Provincial Drugs Monitoring Teams.– (1) The Provincial Government may, \r\nby notification, constitute one or more Provincial Drugs Monitoring Team consisting of \r\nthe Chairperson and members including at least two professional mem bers on such \r\nterms and conditions as the Provincial Government may determine. \r\n(2) The Chairperson and members of the Provincial Drugs Monitoring \r\nTeam shall hold office during the pleasure of the Provincial Government. \r\n(3) The Provincial Drugs Monitoring Te am s hall, with the approval of the \r\nProvincial Government and by notification in the official Gazette, frame regulations to \r\nregulate the conduct of its business. \r\n(4) The Provincial Drugs Monitoring Team may– \r\n(a) subject to subsection (5), exercise the powers of an Inspector under this \r\nAct; \r\n(b) inspect any p remises where any d rug is being, or is to be, \r\nmanufactured or sold and, in addition to any other action under the Act,  \r\nrecommend to the appropriate authority for the  cancellation or \r\nsuspension of the licence to manufacture or sell drugs held by  any \r\nperson who is found to be contravening, or to have contravened, any of \r\nthe provisions of the Act or the rules; \r\n(c) advise the Provincial Government on ways and means to ensure the \r\nprovision of quality drugs to the people; \r\n(d) ascertain\r\n \r\nthe\r\n \r\nnames\r\n \r\nof\r\n \r\nsuch\r\n \r\ndirectors,\r\n \r\npartners\r\n \r\nand\r\n \r\nemployees\r\n \r\nof\r\n \r\nthe \r\ncompany, corporation, firm or institution who are prima facie responsible \r\nfor the\r\n \r\ncommission\r\n \r\nof any offence\r\n \r\nunder\r\n \r\nthe A ct\r\n \r\nor the\r\n \r\nrules and \r\nrecommend to the appropriate authority action against such persons; \r\n(e) submit a monthly report of the recommendations and activities to the \r\nProvincial Government; and  \r\n(f) perform such other functions under the Act or the rules as the Provincial \r\nGovernment may, by notification, assign. \r\n(5) The Provincial Drugs Monitoring Team shall exercise the powers of an \r\nInspector in the presence of at least one professional member. \r\n11C. Independent inspection .– (1) Subject to subsection (2), the Provincial \r\nGovernment may, on the recommendations of the Provincial Quality Control Board, \r\nengage the services of a consultant or a firm of consultants for independent \r\ninspection and evaluation of units for manufacture of drugs, distribution networks or \r\nsale-points as the Government may specify. \r\n                                                           \r\n23Inserted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.9. \r\n24Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.4. \r\n(2) No person sh all be engaged as consultant unless he is qualified to be \r\nappointed as an Inspector or Government Analyst and is an expert in the relevant \r\nfield and no firm shall be so engaged unless it has in  house capacity for the task and \r\nhas in its service persons who  are qualified to be appointed as Inspectors or \r\nGovernment Analysts and are experts in the relevant field. \r\n(3) The consultant or the firm of consultants shall submit the report to the \r\nProvincial Quality Control Board within the specified time and the Board  shall take \r\nnecessary action on the report in accordance with law.  \r\n(4) For purposes of inspection and evaluation, the consultant or the experts \r\nengaged by the firm of consultants shall have the powers of an Inspector.] \r\n12.  Power to fix maximum prices of drugs, etc.– (1) The Federal Government \r\nmay, by notification in the official Gazette,– \r\n(a) fix the maximum price at which any drug specified in the notification is \r\nto be sold; and \r\n(b) specify a certain percentage of the profits of manufacturers of drugs \r\nwhich shall be utilised, in accordance with the rules for purposes of \r\nresearch in drugs. \r\n(2) For the purpose of the exercise of its powers under sub-section (1), the \r\nFederal Government may require a manufacturer, stockist, importer, exporter, retailer \r\nor other dealer in drugs to furnish such relevant information as may be necessary. \r\n(3) The Federal Government may, by noti fication in the official Gazette, \r\ndelegate any of its powers under this section to any Board or other authority. \r\n13. Directions to Provincial Governments.– The Federal Government may give \r\nsuch di rections to a Provincial Government as may appear to the\r\n \r\nFederal\r\n \r\nGovernment to be necessary for carrying into execution in the Province of any of the \r\nprovisions of this Act or of any rule or order made thereunder or for maintaining \r\nsupplies of drugs of standard quality at reasonable prices or for the achievement of \r\nuniformity in respect of any matter in different parts of Pakistan. \r\n14. Federal Drug Laboratory and institutes, etc.– The Federal Government \r\nshall, as soon as may be, establish a Federal Drug Laboratory and may also set up \r\nsuch other institutes and drugs testing and research laboratories for the purposes of \r\nthis Act as may be prescribed. \r\n25\r\n[15. Provincial Drugs Testing Laboratory .– (1) The Prov incial Government shall, \r\nas soon as may be, set up one or more Provincial Drugs Testing Laboratory for such \r\npurposes as may be prescribed. \r\n(2) The Provincial Government may, by notification, engage or authorize a \r\nreputed drugs testing laboratory, within th e country or abroad, for test and analysis of \r\nthe drug samples.] \r\n16. Government Analysts.– The Federal Government or a Provincial Government \r\nmay, by notification\r\n \r\nin\r\n \r\nthe\r\n \r\nofficial\r\n \r\nGazette,\r\n \r\nappoint\r\n \r\nsuch\r\n \r\npersons it\r\n \r\nthinks\r\n \r\nfit,\r\n \r\nhaving the \r\n                                                           \r\n25Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: \r\n13 February 2017, pp.4519-4525, s.5. \r\nprescribed qualifications, to be the Federal Government Analysts or, as the case may \r\nbe, Provincial Government Analysts, for such areas and in respect of such drugs or \r\nclasses of drugs as may be specified in the notification: \r\nProvided that no person who has any financial interest in the manufacture, \r\nimport, export or sale of drugs shall be so appointed: \r\nProvided further that a person serving under the Federal Government or \r\nanother Provincial Government shall not be so  appointed without the p revious \r\nconsent of that Government. \r\n17. Inspectors.– The Federal Government or a Provincial Government may, by \r\nnotification in the official Gazette, appoint such persons as it thinks fit, h aving the  \r\nprescribed qualifications, to be Federal Inspectors or, as the case may be, Provincial \r\nInspectors for the purposes of this Act within such local limits as it may assign to them \r\nrespectively: \r\nProvided that no person who has any financial interest in the manufacture, \r\nimport, export or sale of any drug shall be so appointed: \r\nProvided further that a person serving under the Federal Government or \r\nanother Provincial Government shall not be so  appointed without the p revious \r\nconsent of such Government. \r\n18. Powers of Inspectors.– (1) Subject to the provisions of section 19 and of any \r\nrules made in this behalf, an Inspector may, within the local limits for which he is \r\nappointed, and in any other area with the permission of the licensing authority,– \r\n(a) inspect any premises wherein any drug is manufactured, the plant and \r\nprocess of  manufacture, the means employed for standardizing and \r\ntesting the drugs and all relevant records and registers; \r\n(b) inspect any premises wherein any drug is sold or is stocked or \r\nexhibited for s ale or is  distributed, the sto rage arrangements and all \r\nrelevant records and registers; \r\n(c) take samples of any drug which is being manufactured, or being sold or \r\nis stocked or exhibited for sale or is being distributed; \r\n(d) enter and search, with such assistance, if any, as he considers \r\nnecessary, any buildin g, vessel or pl ace, in which he h as reason to \r\nbelieve that an offence under this Act or any rules has been or is being \r\ncommitted or may continue to be committed; \r\n(e) call any person to be present as witness in the course of search or \r\nseizure or in connection\r\n \r\nwith\r\n \r\nany\r\n \r\nother\r\n \r\nmatter\r\n \r\nwhere\r\n \r\nthe\r\n \r\npresence\r\n \r\nof\r\n \r\nwitnesses\r\n \r\nis necessary; \r\n(f) seize such drug and all materials used in the manufacture thereof \r\nand any other articles, including registers, cash-memos, invoices and \r\nbills, which he h as reason to believe may furnish evidence of the \r\ncommission of an offence punishable under this Act or any rules \r\n26\r\n[:] \r\n                                                           \r\n26Substituted for the “semi -colon” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of  2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10. \r\n27\r\n[Provided\r\n \r\nthat\r\n \r\nwhere\r\n \r\nthe\r\n \r\ncontravention\r\n \r\nis\r\n \r\nsuch\r\n \r\nwhich\r\n \r\ncan\r\n \r\nbe remedied, the stocks \r\nshall not be seized upon undertaking in writing of the person not to sell drug without \r\nremedying the defect, under intimation to the Board concerned;] \r\n(g) require any p erson to appear before him at any reasonable time and \r\nplace to give s tatement, assistance or in formation relating to or in  \r\nconnection with the inv estigation of an offence und er this Act or the \r\nrules: \r\nProvided that the exemptions under sections 132 and 133 of the Code of  \r\nCivil Procedure, 1908 (Act V of 1908), shall be applicable to requisitions for \r\nattendance under this clause; \r\n(h) lock and seal any factory, laboratory, shop, building, store-house or \r\ngodown, or a part thereof, where any drug is or is being manufactured, \r\nstored, sold or exhibited for sale in contravention of any of the \r\nprovisions of this Act or the rules; \r\n(i) forbid for a reasonable period, not exceeding \r\n28\r\n[two] weeks or such \r\nfurther p eriod, which shall not be more th an three mont hs, as the \r\nInspector may, with the approval of the Provincial Quality Control Board, \r\nthe Central Licensing Board, the Registration Board or the licensing \r\nauthority, as the case may b e, sp ecify, any person in charge of any \r\npremises from removing or dispensing of any drug, article or other thing \r\nlikely to be used in evidence of the commission of an offence under this \r\nAct or the rules; and \r\n(j) exercise such other powers as may be necessary for carrying out the \r\npurposes of this Act or any rules: \r\nProvided that the powers under clauses (f) to (j) shall be exercisable only by an \r\nInspector specifically authorised in this behalf, by an order in w riting, by the \r\nGovernment appointing him, subject to such conditions as may be specified in such \r\norder \r\n29\r\n[.]  \r\n30\r\n[* * * * * * * * * * * *   ] \r\n(2) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), \r\nin so far as they are not inconsistent with the provisions of this Act, shall apply \r\nto searches and seizures made under this Act. \r\n19. Procedure for Inspectors.– (1) Where an Inspector seizes any drug or any \r\nother article under section 18, he shall tender a receipt therefor in the prescribed form. \r\n(2) Where an Inspector takes a sample of a drug for the purpose of test or \r\nanalysis, he s hall intimate such purpose in writing in the prescribed form to the \r\nperson from whom he takes it and, in the presence of such person unless he wilfully \r\n                                                           \r\n27Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.10. \r\n28Substituted for the word “four”  by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10. \r\n29Substituted for the “colon” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan \r\n(Extraordinary), dated:15 November 2002, pp 1984-1989, s.10. \r\n30The second proviso was o mitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of  \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.10. \r\nabsents himself, shall divide the sample into \r\n31\r\n[five] portions and effectively seal and \r\nsuitably mark the game and permit such person to add his own seal, if any, and \r\nmark to all or any of the portions so sealed and marked: \r\nProvided that, where the sample is taken from premises whereon the drug is \r\nbeing m anufactured, it shall be necessary to divide the s ample into th ree po rtions \r\nonly: \r\nProvided further that, where the drug is made up in containers of small \r\nvolume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug \r\nbe such that it is likely to deteriorate or be otherwise damaged by exposure shall, take \r\nthree or four, as the case may be, of the said containers after suitably marking the \r\nsame and, where necessary, sealing them: \r\nProvided further th at if the contents of one container are insu fficient for t he \r\nlaboratory t est and analysis, the Inspector may increase the number of the \r\ncontainers in order to make the sample sufficient for this purpose. \r\n(3) The Inspector shall restore one po rtion of a s ample so divided or one \r\ncontainer, as the case may be, to the person from whom he takes it, and shall retain \r\nthe remainder and dispose of the same within seven days as follows– \r\n32\r\n[(i) one portion or sample he shall send to the Government Analyst or, if so \r\nspecified by the Provincial Quality Control Board, to the Board for \r\nsending it to the Notified Drugs Laboratory;] \r\n(ii) The second he shall send to the Chairman, Provincial Quality Cont rol \r\nBoard or the C entral Licensing Board or the Registration Board, as the \r\ncase may be; \r\n33\r\n[*] \r\n(iii) the third, where taken, he shall send to the  warrantor, if any, named \r\nunder the proviso to sub-section (3) of section 32 \r\n34\r\n[; and] \r\n35\r\n[(iv) the fourth, where taken, he shall send to the person purporting to be its \r\nmanufacturer or importer, as the case may be.] \r\n(4) Where an Inspector seizes any d rug containing any filthy or putrid \r\nsubstance, vermin, worm, rodent, insect or any foreign matter which is visible to the \r\nnaked eye, and the sample is such that it cannot or need not be divided, he shall \r\neffectively seal and suitably mark the same and permit the person from whom he \r\nseizes the drug to add his own seal if any, and mark to it and shall produce the\r\n \r\nsame \r\nbefore the Drug Court or the C entral Licensing Board or the Registration Board, as \r\nthe case may be , before which proceedings are institut ed or action is ini tiated in \r\nrespect of the drug. \r\n(5) Where an Inspector takes any action under section 18,– \r\n                                                           \r\n31Substituted for the word “four” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11. \r\n32Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: \r\n13 February 2017, pp.4519-4525, s.6. \r\n33The word “and” was omitted by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), p ublished in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11. \r\n34Substituted for the “full -stop” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.11. \r\n35Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.11. \r\n(a) he shall as soon as practicable ascertain whether or not the drug \r\ncontravenes any of the provisions of this Act and, if it is ascertained that \r\nthe drug does not so contravene, he s hall forthwith revoke the order \r\npassed under the said section or, as the case may be, take such action \r\nas may be necessary for the return of the stock seized and payment for \r\nthe samples taken, under intimation to the Board concerned; \r\n(b) if he seizes the stock of the drug, he shall, as soon as may be, inform \r\nthe Board concerned and take its order as to the custody thereof: \r\nProvided that where a Federal Inspector is not competent to take action under \r\nsection 30, he shall as soon as may be report the matter and hand over the stock, if \r\nany, to the Provincial Inspector for further action under this Act. \r\n(6) The Provincial Inspector on finding any contravention of this Act shall, \r\nunless the Board otherwise directs, always refer the case to the Provincial Quality \r\nControl Board and seek orders as to the action to be taken in respect of such \r\ncontravention. \r\n(7) The Federal Inspector on finding any contravention of this Act for which \r\nhe is authorized shall, unless otherwise directed, always refer the case to the Central \r\nLicensing Board or the Registration Board or any other authority as may be \r\nspecified for the purpose and seek any further orders as to the action to be taken in \r\nrespect of such contravention. \r\n20. Persons bound to disclose place where drugs a re manufactured or \r\nkept.– Every person for the time being in charge of any premises whereon any \r\ndrug is\r\n \r\nbeing manufactured or is kept for sale or distribution shall, on being required \r\nby an Inspector so to do, disclose to the Inspector the place where the drug is being \r\nmanufactured or is kept, as the case may be. \r\n21.  Disclosure of the name of the manufacturer.– Every person, not being the \r\nmanufacturer of a drug or his agent for the distribution thereof, shall, if so required by \r\nan Inspector, disclose to him the name, address and other particulars of the \r\nmanufacturer or other person from whom he acquired the drug. \r\n22.  Reports of Government Analysts.– (1) The Government Analyst to whom a \r\nsample of any drug has been submitted for test and analysis under sub-section (3) \r\nof section 19\r\n \r\nshall\r\n \r\ndeliver\r\n \r\nto\r\n \r\nthe\r\n \r\nInspector\r\n \r\nsubmitting\r\n \r\nit\r\n \r\na\r\n \r\nsigned\r\n \r\nreport\r\n \r\nin\r\n \r\nquadruplicate\r\n \r\nin\r\n \r\nthe p rescribed form and forward one  copy thereof to the authority as m ay be \r\nprescribed. \r\n(2) The Government Analyst, as far as may be, shall submit the report \r\nreferred to in sub-section (1) within sixty days  of the receipt by him of the sample of \r\nthe drug and, if he is not  able to do so for reasons beyond his control, shall \r\ncommunicate the reasons to the Inspector in writing and shall endorse its copy to the \r\n36\r\n[Central Licensing Board o r, as the  case m ay be, the Registration Board or the \r\nProvincial Quality Control Board] who shall have the sample tested from the same or \r\nany other Government Analyst or a Government Drug Testing Laboratory or any other \r\n                                                           \r\n36Substituted for the words “Board concerned” by the Drugs ( Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the \r\nGazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12. \r\nLaboratory \r\n37\r\n[or the Notified Drugs Laboratory]  and shall ensure the receipt of results \r\nof such test and analysis within a further period as may be prescribed and shall \r\nmake the test report available to the Inspector for further action. \r\n(3) On receipt of the report, the Inspector shall– \r\n(a) deliver one  copy thereof to the p erson from whom the s ample w as \r\ntaken; \r\n(b) forward one copy to the warrantor, if any, named under the proviso to \r\nsub-section (3) of section 32; \r\n(c) forward one copy to the \r\n38\r\n[Central Licensing Board or, as the case may \r\nbe, the Registration Board or the Provincial Quality Control Board] for its \r\ndirections as to the action to be taken on the report; and \r\n(d) retain the fourth copy for use in any prosecution or for any other \r\npurpose. \r\n(4) Notwithstanding anything contained in any other law for the time being \r\nin force, any document purporting to be a report signed by a Government Analyst \r\n39\r\n[or the Notified Drugs Laboratory] shall be admissible as evidence of the facts stated \r\ntherein without formal proof and such evidence shall be conclusive unless the person \r\nfrom whom the sample was taken or the said warrantor has, within \r\n40\r\n[ten days] of the \r\nreceipt of a copy of the report notified in writing to the Inspector or \r\n41\r\n[Provincial \r\nQuality Control Board or, as the case may be, the Central Licensing Board or the \r\nRegistration Board or the Drug Court] before which any proceedings in respect of the \r\nsample are pending that he intends to adduce evidence in controversion of the report. \r\n(5) Where a person has, under sub-section (4), notified his intention of \r\nadducing evidence in controversion of a \r\n42\r\n[report of Government Analyst or of Notified \r\nDrugs Laboratory]  \r\n43\r\n[Provincial Quality Cont rol Board or, as the case may b e, the \r\nCentral Licensing Board or the Registration Board or the Drug Court] may, of its own \r\nmotion or in its  discretion at the request either of the complainant or the accused, \r\ncause the sample of the drug lying with the Board concerned under sub-section (3) of \r\nsection 19 to be sent for test or analysis to the Federal Drug Laboratory or any other \r\nlaboratory specified for the purpose by the Federal Government \r\n44\r\n[or the Provincial \r\nGovernment] which shall make the test or analysis and report\r\n \r\nin writing signed by, or \r\n                                                           \r\n37Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary) , dated: 13 \r\nFebruary 2017, pp.4519-4525, s.7. \r\n38Substituted for the words “Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the \r\nGazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12. \r\n39Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.7. \r\n40Substituted for the words “thirty days” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published  in the Punjab \r\nGazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7. \r\n41Substituted for the words and commas “the Drug Court or, as the case may be, the Central Licensing Board or the Registration \r\nBoard” by the Drugs (Amendment) Ordinance, 200 2 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated:15 November 2002, pp 1984-1989, s.12. \r\n42Substituted for the words “Government Analyst’s report” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in \r\nthe Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519-4525, s.7. \r\n43Substituted for the words “the Drug Court or the Board concerned” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of \r\n2002), published in the Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.12. \r\n44Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.7. \r\nunder the authority of, the person for the time being in charge of the Federal Drug \r\nLaboratory, or, as the case may b e, such other laboratory, the result thereof and \r\nsuch report shall be conclusive evidence of the facts stated therein. \r\n(6) The cost of a test or analysis made by the Federal Drug Laboratory or \r\nother l aboratory under sub-section (5) shall be paid by the complainant or \r\naccused as the Drug Court or the Board concerned shall direct. \r\n45\r\n[22A. Reports of the Notified Drugs Laboratories .– (1) The Notified Drugs \r\nLaboratory shall submit its report to the Chairperson of  the Provincial Quality Control \r\nBoard. \r\n(2) The provisions of section 22 of the Act shall, as far as may be, apply to \r\nthe report of a Notified Drugs Laboratory.\r\n \r\n \r\n(3) The Board shall take necessary action on the report in accordance with \r\nthe Act and the rules.] \r\nCHAPTER III \r\nPROHIBITIONS \r\n23.  Import, manufacture and sale of drugs.– (1) No person shall himself or by \r\nany other person on his behalf– \r\n(a) export, import or manufacture for sale or sell– \r\n(i) any spurious drug;  \r\n(ii) any counterfeit drug;  \r\n(iii) any misbranded drug;  \r\n(iv) any adulterated drug;  \r\n(v) any substandard drug; \r\n(vi) any drug after its expiry date; \r\n(vii) any drug which is not registered or is not in accordance with the \r\nconditions of registration; \r\n(viii)  any d rug which, by m eans of any statement, design or device \r\naccompanying it or by any oth er means, purports or claims to \r\ncure or mitigate any such disease or ailment, or to have any such \r\nother effect, as may be prescribed; \r\n(ix) any drug if it is dangerous to health when used in the dosage or \r\nwith the frequency, or for the duration specified, recommended \r\nor suggested in the labelling thereof; or \r\n(x) any drug in contravention of any of the provisions of this Act \r\nor any rule; \r\n(b) manufacture for sale any drug except under, and in accordance with the \r\nconditions of, a licence issued under this Act; \r\n(c) sell any drug except under, and in accordance with the conditions of, a \r\n                                                           \r\n45Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 201 7), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.8. \r\nlicence issued under this Act; \r\n(d) import or export any drug the import or export of which is prohibited \r\nby or under this Act; \r\n(e) import or export any drug for the import or export of which a \r\nlicence is required, except under, and in accordance with the conditions \r\nof, such licence; \r\n(f) supply an incorrect, incomplete or misleading information, when \r\nrequired to furnish any information under this Act or the rules; \r\n(g) peddle, hawk or offer for sale any drug in a park or public street or on \r\na highway, footpath or public transport or conveyance; \r\n(h) import, manufacture for sale, or sell any subst ance, or mixture of \r\nsubstances, which is not a drug but  is presented in a form or manner \r\nwhich is intended or likely to cause the public to believe it to be a drug; \r\n(i) sell any drug without having a warranty in the prescribed form bearing \r\nthe name and batch number of the drug issued,– \r\n(i) in the case of a drug manufactured in Pakistan, by the \r\nmanufacturer holding a  valid licence to manufacture drugs and \r\npermission to manufacture that drug or by his authorised agent; \r\n(ii) in the case of an imported drug, by the manufacturer or importer \r\nof that drug or, if the drug is imported through an indentor by \r\nsuch indentor; and \r\n(j) apply an incorrect batch number to a drug. \r\n(2) Nothing in sub-section (1) shall apply to  the manufacture or import \r\nsubject to prescribed conditions, of small quantities of any d rug for the purpose of \r\nclinical trial, examination, test, analysis or personal use; \r\n46\r\n[23A. Prohibition on aiding, abetment or association in contravention of the Act .– * \r\n * * * * * * * * * * * *      * \r\n23B. Prohibition of acquisition and possession of assets der ived from contravention of \r\nthe Act.– * * * * * * * * * * * *      * \r\n23C. Prohibition on owning, operating premises or machinery for manufacture of drugs, \r\netc.– * * * * * * * * * * * *      ] \r\n24. Control of advertisement.– No person shall himself or by any other person \r\non his b ehalf advertise, except in accordance with su ch conditions as m ay be \r\nprescribed,– \r\n(i) any drug; \r\n(ii) any substance used or prepared for use in accordance with the \r\nayurvedic, un ani, homoeopathic or biochemic system of treatment or \r\nany other substance or mixture of substances as may be prescribed; \r\n                                                           \r\n46Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), dated: \r\n24 May 2018, pp. 8121-8123, s. 2. They were earlier inserted by the Punjab Drugs (Amendment) Act 2017 (V of 2017), published \r\nin the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 9. \r\n(iii) any remedy, treatment or offer of a treatment for any disease. \r\nExplanation.– In this section, \"advertise\" means to make any representation by \r\nany means whatsoever for the purpose of promoting directly or indirectly the sale or \r\ndisposal of a drug, a substance or a mixture of substances, a remedy or a treatment \r\nexcept the display of sign boards for a clinic, a dispensary or a hospital or such other \r\ninstitution offering treatment. \r\n25. Control of samplings.– No person shall distribute or cause to be distributed \r\nany d rug as a  sample except in accordance with su ch conditions as m ay be \r\nprescribed. \r\n26. Control of printing of labelling.– No person shall print any l abelling in \r\nrespect of any drug which is required to be registered under this Act but is not so \r\nregistered after the date fixed by the Federal Government under sub-section (6) of \r\nsection 7 or for a person who do es not  possess a licence und er this Act to \r\nmanufacture that drug. \r\nCHAPTER IV \r\nOFFENCES, PENALTIES AND PROCEDURE \r\n27. Penalties.– \r\n47\r\n[(1) Whoever himself or by any other person on his behalf: \r\n48[(a) exports, imports, manufactures or sells any spurious drug or adulterated \r\ndrug which causes death or physical disability or any drug which is not  \r\nregistered;] \r\n(b) manufactures for sale any drug without a licence; \r\n49[(c) * * * * * * * * * * *    ] \r\n(d) imports without licence any drug for the import of which a licence is \r\nrequired - shall be punished with imprisonment which may extend to ten \r\nyears but which shall not be less than three years and with fine which \r\nmay extend to fifty million rupees but which shall not be less than twenty \r\nfive million rupees.] \r\n(2) Whoever himself or by any other person on his behalf– \r\n(a) imports, manufactures for sale or sells any counterfeit drug; or \r\n(b) gives to the purchaser a false warranty in respect of any drug sold by \r\nhim that the drug does not in any way contravene the provisions of \r\nsection 23 and is not able to prove that, when he gave the warranty, he \r\nhad good and sufficient reason to believe the same to be true; or \r\n(c) applies or permits to be applied to any drug sold, or stocked or exhibited \r\nfor sale, by him, whether on the container or a label or in any other \r\nmanner, a warranty given in respect of any other drug; or \r\n                                                           \r\n47Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in t he Punjab Gazette (Extraordinary), dated: \r\n13 February 2017, pp.4519-4525, s.10. \r\n48Substituted by the Drugs (Punjab Amendment) Act 2018  (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), \r\ndated: 24 May 2018, pp. 8121-8123, s. 3. \r\n49Omitted ibid. \r\n(d) imports, manufactures for sale or sells any drug under a name  other \r\nthan the registered name; or \r\n(e) exports, imports, manufactures for sale or sells any drug with which any \r\nsubstance, which should not actually be its component, has been mixed \r\nor packed so as to reduce its quality or strength or for which any such \r\nsubstance has been substituted wholly or in part; \r\nshall be punishable with imprisonment for a term which may extend to seven years,\r\n \r\n50\r\n[or with fine which may extend to one million rupees or with both]. \r\n(3) Whoever obstructs an Inspector in the exercise of any power conferred \r\nupon him by or under this Act, or disobeys the lawful authority of any Inspector, shall \r\nbe punishable with imprisonment for a term which may extend to \r\n51\r\n[one year 52[or with \r\nfine which may extend to fifty thousand rupees or with both] ]. \r\n \r\n53\r\n[(3a) Whoever is responsible for variation in the specification which is physical \r\nor chemically ten per cent different from the specification labeled on a drug , shall be  \r\npunishable with imprisonment for a term which may  extend to five years or with fine \r\nwhich may extend to one hundred thousand rupees or with both. \r\n (3b) Whoever is responsible for variation in the specification which is \r\nphysically or chemically more than  ten per cent  but is not more than twenty per cent \r\ndifferent from the specification labeled on a drug , shall be  punishable with \r\nimprisonment for a term which may  extend to five years or with fine which may extend  \r\nto four hundred thousand rupees or with both. \r\n (3c) Whoever is responsible for variation in the specification w hich is \r\nphysically or chemically more than twenty per cent  but is not more than  fifty per cent \r\ndifferent from the specification labeled on a drug, shall be  punishable with \r\nimprisonment for a term which may ex tend to five years  or with fine which may  extend \r\nto seven hundred thousand rupees or with both. \r\n (3d) Whoever is responsible  for variation in the specification which is \r\nphysically or chemically more than fifty per cent different from the specification  labeled \r\non a drug,  shall be punishable with imprisonment for a term  which may extend  to five \r\nyears or with fine which may extend to one million rupees  or which is three times  the \r\nvalue of the drug  taken into  custody, whichever  is higher, or with both and the \r\nmanufacturing of the product  shall remain suspended till such  time that the \r\nresponsibility for the lapse is fixed and remedial measures, taken.] \r\n \r\n54\r\n[(4) Subject to the provisions of subsection (1),  subsection (2), subsection \r\n                                                           \r\n50Substituted for the expression “but which shall not be less than two years and with fine which may extend to ten million rupees \r\nbut which shall not be less than three million rupees” by the Drugs (Punjab Amendment) Act 2018  (XVIII of 2018), published in \r\nthe Punjab Gazette (Extraor dinary), dated: 24 May 2018, pp. 8121 -8123, s. 3. It was earlier substituted for the expression “or \r\nwith fine which may extend to one lakh rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published \r\nin the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10. \r\n51Substituted for the expression “one year, or with fine which may extend to ten thousand rupees, or with both” by the Punjab \r\nDrugs (Amendment) Act, 2017 (V of 2017), publishe d in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519 -\r\n4525, s.10. \r\n52Substituted for the expression “but which shall not be less than fourteen days and with fine which may extend to one million \r\nrupees but which shall not be less than five  hundred thousand rupees”  by the Drugs (Punjab Amendment) Act 2018  (XVIII of \r\n2018), published in the Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 3. \r\n53Substituted ibid. They were earlier inserted by the Punjab Drugs (Amendment) Act,  2017 (V of 2017), published in the Punjab \r\nGazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10. \r\n54Substituted ibid. It was earlier substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab \r\nGazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10. \r\n(3), subsection (3a), subsection (3b), subsection  (3c) and subsection (3d) , whoever \r\nhimself or by any other person on his behalf contravenes any of the provisions of th e \r\nAct or the rules , shall be punishable with imprisonment for a term which may extend \r\nto five years and with fine which m ay extend to five hundred thousand rupees or with \r\nboth.] \r\n55\r\n[(5)  *  * * * * * * * * * *     ] \r\n56\r\n[27A. False statement.– *  * * * * * * * *     ] \r\n28. Penalty for subsequent offence.– (1) Whoever having been convicted of \r\nan offence under sub-section (1) of section 27 is \r\n57\r\n[convicted for a subsequent] \r\noffence under that sub-section shall be punishable with imprisonment for life or with \r\nimprisonment which shall not be less than \r\n58\r\n[ten years and with fine which may extend \r\nto one hundred million rupees but which shall not be less than fifty million rupees]. \r\n(2) Whoever having been convicted of an offence under sub-section (2) of \r\nsection 27 is  \r\n59\r\n[convicted for a sub sequent] offence und er that sub-section shall be \r\npunishable with imprisonment for a term \r\n60\r\n[which may extend to ten years but 61[which \r\nshall not to be less than two years and with  fine which may extend to one and a half \r\nmillion rupees but which shall not be less than three hundred thousand rupees] ]. \r\n62\r\n[(2a) Whoever having been convicted of an offence under subse ction (3a) , \r\nsubsection (3b), subsection (3c)  and subsection (3d)  of section 27 , is convicted for a \r\nsubsequent offence under any of those subsections shall, if the drug is not recalled as \r\nprescribed by the Provincial Government, be punishable with imprisonment for a term \r\nwhich shall extend to seven years but which shall not be less than two years and with \r\nfine which may extend to one and a half million rupees  but which shall not be less \r\nthan five times the value of the drug taken into custody.] \r\n(3) Whoever having been convicted of an offence under sub-section (4) of \r\nsection 27 is  \r\n63\r\n[convicted for a sub sequent] offence und er t hat sub-section shall be \r\n                                                           \r\n55Omitted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette \r\n(Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 10. \r\n56Omitted by the Drugs (Punjab Amendment) Act 2018  (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), dated: \r\n24 May 2018, pp. 8121-8123, s. 4. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in \r\nthe Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 11. \r\n57Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in \r\nthe Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14. \r\n58Substituted for the expression “five years and with fine which may extend to two lakh rupees” by the Punjab Drugs \r\n(Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp.4519 -4525, \r\ns.12. \r\n59Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in \r\nthe Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14. \r\n60Substituted for the expression “which shall not to be less than two years or more than ten years, or with fine which may extend \r\nto two lakh rupees, or with both” by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette \r\n(Extraordinary), dated: 13 February 2017, pp.4519-4525, s.12. \r\n61Substituted for the expression “which shall not be less than five years and with fine which may extend to seventy million rupees \r\nbut which shall not be less than thirty million rupees” by the Drugs (Punjab Amendment) Act 2018  (XVIII of 2018), published in \r\nthe Punjab Gazette (Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 5. \r\n62Substituted ibid. It was earlier inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab \r\nGazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 12. \r\n63Substituted for the words “again convicted of an” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in \r\nthe Gazette of Pakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.14. \r\npunishable with imprisonment for a term which may extend to \r\n64\r\n[ seven years but \r\nwhich shall not be less than thirt y days and with fine which may extend to one million \r\nrupees but which shall not be less than three hundred thousand rupees]. \r\n65[28A. Recall of drugs.– A person charged with the commission of an offence under \r\nsubsection (3) of section 28, shall be deemed to have committed no offence when the \r\ndrug which is subject of that offence, has not caused any death or physical disability \r\nand is recalled as prescribed by the Provincial Government.] \r\n29. Forfeiture.– (1) Where any person has been convicted under this Act, for \r\ncontravening any such provisions of this Act or any rule as may be prescribed in this \r\nbehalf, the Drug Court may order that the stock of drug or substance by means of or \r\nin relation to whi ch the offence was committed or anything of a similar nature \r\nbelonging to  or in the poss ession of the accused or found with such drug or  \r\nsubstance, and if such contravention is punishable under sub-section (1) of section \r\n27, any implements used in manufacture or sale of such drug and any receptacles, \r\npackages or coverings in which such drug is contained and the  animals, vehicles, \r\nvessels or other conveyances, used in carrying such drug, be forfeited to  the \r\nFederal Government or, as the case may be, the Provincial Government and, upon \r\nsuch order being made, such drug, substance, implements, receptacles, packages or \r\ncoverings, animals, v ehicles, v essels or conveyances m ay be disposed of  as th at \r\nGovernment may direct. \r\n(2) Without prejudice to the provisions of sub-section (1), where the Drug \r\nCourt is s atisfied, on the application of an Inspector or otherwise, and after such \r\ninquiry as may be n ecessary, that a drug contravenes the provisions of this Act, the \r\nDrug Court may order that such drug be forfeited to the Federal Government or, as \r\nthe case may be, the Provincial Government and, upon such order being made, such \r\ndrug may be destroyed or otherwise disposed of as that Government may direct. \r\n(3) An Inspector shall release any drug or article seized by him under this \r\nAct when he is  satisfied that all the provisions of this Act and the rules with respect \r\nthereto have been complied with. \r\n30. Cognizance of o ffences.– (1) Subject to the  provisions of  section 19, no \r\nprosecution shall be instituted under this Chapter except– \r\n(a) by a Federal Inspector, where the prosecution is in respect of a \r\ncontravention of clause (h) of sub-section (1) of section 23 or section 24 \r\nor any of the provisions of this Act or the rules relating to the import or \r\nexport of drugs or the manufacture for sale, or sale, of a drug which is \r\nnot for the time being registered or for the manufacture for sale of which \r\na licence is not for the time being in force; or \r\n(b) by a Provincial Inspector: \r\nProvided that, where the  public int erest so requires, the Federal Inspector \r\n                                                           \r\n64Substituted for the expression “ten years but which shall not be less than ninety days and with fine which may extend to ten \r\nmillion rupees but which shall not be less than one million rupees” by the Drugs (Punjab Amendment) Act 2018  (XVIII of 2018), \r\npublished in the Pu njab Gazette (Extraor dinary), dated: 24 May 2018, pp. 8121-8123, s. 5. It was earlier substituted for the \r\nexpression “seven years, or with fine which may extend to one lakh rupees or with both ” by the Punjab Drugs (Amendment) Act, \r\n2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 February 2017, pp. 4519-4525, s. 12. \r\n65Inserted by the Drugs (Punjab Amendment) Act 2018  (XVIII of 2018), published in the Punjab Gazette (Extraor dinary), dated: \r\n24 May 2018, pp. 8121-8123, s. 6. \r\nmay, with the prior permission of the Federal Government institute a prosecution for \r\na contravention of any other provision of this Act. \r\n66\r\n[(2) Notwithstanding anything contained in the Code of Criminal Procedure, \r\n1898 (V of 1898): \r\n(a) an offence punishable under subsection (1) of section 27 shall be \r\ncognizable and non-bailable; \r\n67[(b) * * * * * * * * * * *    ] \r\n(c) all offences under the Act shall be non-bailable. \r\n(2a) No court other than a Drug Court established under the Act shall try an \r\noffence punishable under the Act.] \r\n(3) Nothing contained in this Ch apter s hall be deemed to  prevent any \r\nperson from b eing prosecuted under any oth er law for any act or omission which \r\nconstitutes an offence punishable under this Chapter or to require the transfer to a \r\nDrug Court of any case which may be pending in any Court immediately before the \r\nestablishment of the Drug Court. \r\n31. Drug Courts.– (1) The \r\n68\r\n[Provincial Government] may, by notification in the \r\nofficial Gazette, establish as many Drug Courts as it considers necessary and, where \r\nit establishes more than one Drug Court, shall specify in the notification the territorial \r\nlimits within which, or the class of cases in respect of which, each one of them shall \r\nexercise jurisdiction under this Act. \r\n69[\r\n70\r\n[(2) A Drug Court shall consist of: \r\n (a) a Chairperson who is or has be en a District and Sessions Judge or \r\nAdditional District and Sessions Judge to be appointed, in consultation \r\nwith the Chief Justice, Lahore High Court, for a period of three years, by \r\nthe Provincial Government on such terms and conditions as it may \r\ndetermine; and] \r\n (b) two members,  each from the field of pharmaceutical and medical with \r\nfifteen years’ experience in such field, to be appointed, for a period of \r\nthree years, by the Provincial Government on such terms and conditions \r\nas it may determine. \r\n(2a) The Chairperson and one of the members shall constitute the quorum of \r\na Drug Court for deciding the matters, other than final hearing and decision of the \r\ncase, under the Act.] \r\n                                                           \r\n66Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: \r\n13 February 2017, pp.4519-4525, s.13. \r\n67Omitted by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Ext raordinary), dated: \r\n24 May 2018, pp. 8121-8123, s. 7. \r\n68Substituted for the words “Federal Government” by the Punjab Drugs (Amendment) Act 2016 (XXXIII of 2016), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 May 2015, p. 5559, s. 2. \r\n69 Substituted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: \r\n13 February 2017, pp.4519-4525, s.14. \r\n70Substituted by The Drugs (Amendment) Act, 2025 (XXXIV of 2025), published in the Punjab Gazette (Extraordinary), dated: 30 \r\nMay 2025, p.4763, s.2. \r\n \r\n71\r\n[Provided that for deciding applications of bail the Chairman and any o ne \r\nmember shall constitute full quorum of a Drug Court.] \r\n72[Provided that the Chairman and one of the members shall constitute quorum \r\nof a Drug Court for purposes of deciding all the matters under the Act other than the \r\nfinal hearing and decision of a case .] \r\n(3) A Drug Court shall sit at such place or places as the \r\n73\r\n[ Provincial \r\nGovernment] may direct. \r\n(4) A D rug Cou rt shall h ave all the  powers conferred by the Code of \r\nCriminal Procedure, 1898 (Act V of 1898), on a Court of Session exercising original \r\njurisdiction. \r\n(5) A Drug Court shall not, merely by reason of a change in its composition, \r\nbe bound to recall and rehear any witness who has given evidence, and may act on \r\nthe evidence already recorded by or produced before it. \r\n(6) A Drug Court shall, in all matters with respect to which no procedure has \r\nbeen p rescribed by this Act, follow the procedure prescribed by the Code of \r\nCriminal Procedure, 1898 (A ct V of  1898), for the trial of  summons cases by \r\nMagistrates. \r\n74\r\n[(7) * * * * * * * * * * *\r\n  \r\n   ] \r\n \r\n75\r\n[(8) * * * * * * * * * * *\r\n  \r\n   ] \r\n76\r\n[31A. Appeal.– (1) The Provincial Government or the person sentenced by a Drug \r\nCourt may, within sixty days, file an appeal against the final order of the Drug Court to \r\nLahore High Court and the appeal shall be heard by a Bench of that Court cons isting of \r\nnot less than two Judges.  \r\n(2) The Drug Court shall, as soon as possible, supply copies of the final \r\norder to the parties free of cost. \r\n(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of \r\n1908) shall be applicable to an appeal under this section.] \r\n32. Pleas.– (1) Save as hereafter provided in this section, it shall be no defence in \r\na prosecution under this Act to prove merely t hat the accused was ignorant of the \r\nnature, subst ance or quality of  the drug in respect of which the offence has been \r\ncommitted or of the circumstances of its manufacture or import, or that a purchaser, \r\nhaving brought only for the purpose of test or analysis, has not been prejudiced by the \r\n                                                           \r\n71 Added by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 15 November 2002, pp 1984-1989, s.15. \r\n \r\n72Added by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 24 \r\nMay 2018, pp. 8121-8123, s. 8. \r\n73Substituted for the words “Federal Government” by the Punjab Drugs (Amendment) Act 2016 (XXXIII of 2016), published in the \r\nPunjab Gazette (Extraordinary), dated: 31 May 2015, p. 5559, s. 2. \r\n74Omitted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.14. \r\n75Omitted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.14. \r\n76Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.15. \r\nsale. \r\n(2) A drug shall not be deemed to be misbranded or adulterated or \r\nsubstandard only by reason of the  fact that th ere h as been added thereto some \r\ninnocuous substance or ingredient because the same is required for the manufacture \r\nor preparation of the drug fit for carriage or consumption and not to increase the bulk, \r\nweight or measure of the drug or to conceal its inferior quality or other defect or there \r\nis a decomposed substance which is the result of a natural process of decomposition: \r\nProvided that such decomposition is not due to any negligence on the part of \r\nthe manufacturer of the drug or the dealer thereof and that it does not render the drug \r\ninjurious to health or does not make it substandard. \r\n(3) A person, not being the  manufacturer of a drug or  his agent for the \r\ndistribution thereof, shall not be liable for a contravention of section 23 if he proves– \r\n(a) that he did not kno w, and could not with reasonable diligence have \r\nascertained, that the drug in any way contravened the prevision of this \r\nAct and th at the d rug while in  his possession remained in the s ame \r\nstate as when, he acquired it; and \r\n(b) that he acquired the drug from a duly li censed manufacturer or his \r\nauthorised agent or an importer or an indentor resident in Pakistan \r\nunder a written warranty in the prescribed form stating, in particular, the \r\nbatch number of the drug and signed by such person that the drug does \r\nnot in any way contravene the provisions of section 23 and that the drug \r\nwhile in his possession was properly stored and remained in the same \r\nstate as when he acquired it and that the drug has been manufactured \r\nby a  manufacturer holding a valid licence to m anufacture d rugs and \r\npermission to manufacture that drug: \r\nProvided that a defence under clause (b) shall be open to a person only– \r\n(i) if he has, within seven days of the service on him of the summons, \r\nsent to  the Inspector a copy of the warranty with a written notice \r\nstating that he intends to rely upon it and giving the name and address \r\nof the warrantor, and \r\n(ii) if he proves that he has, within the same period, sent written notice of \r\nsuch intention to the said warrantor. \r\n33. Application of law relating to customs and powers of officers of \r\ncustoms.– (1) The law for the time being in force relating to customs and to goods the \r\nimport of which is prohibited by or under the Customs Act, 1969 (IV of 1969), shall, \r\nsubject to the provisions of section 27 of this Act, apply in respect of drugs the import \r\nof which is prohibited under this Act, and officers of customs and officers to whom \r\nany of the functions of an officer of customs have been entrusted under the said Act \r\nshall have the same powers in respect of such drugs as they have for the time being \r\nin respect of such goods as aforesaid. \r\n(2) Without prejudice to the provisions of sub-section (1), an officer of \r\ncustoms or a Federal Inspector or any other p erson as may be authorised by the \r\nFederal Government in this b ehalf may detain any imported package which he \r\nsuspects to contain any drug the import of whi ch is prohibited under this  Act, and \r\nshall forthwith report such detention to the licensing authority and, if required by it, \r\nforward the package or samples of any suspected drug found therein to a laboratory \r\nspecified by it. \r\n34. Offences by companies, etc.– Where the person guilty of an offence \r\nunder this Act, is a company, corporation, firm or institution, every director, partner \r\nand employee of the company, corporation, firm or institution \r\n77\r\n[with whose knowledge \r\nor consent the offence was committed shall be guilty of the offence]. \r\n35. Publication of offender's name.– (1) If any person is convicted of an offence \r\nunder this Act, it shall be lawful for the Drug Court to cause the offender's name, \r\nplace of residence, the offence of which he has been convicted and the penalty \r\nwhich has been inflicted upon him, to be  published at the expense of such person in \r\nsuch newspapers or in such other manner as the Court may direct. \r\n(2) The expenses of such publication shall be recoverable in the same \r\nmanner as a fine is recoverable. \r\n36. Powers to exempt.– Notwithstanding anything contained in this A ct, the \r\nFederal Government may, if it is of opinion that the public interest so requires at any \r\ntime, of its own motion or on a representation made to it, by notification in the official \r\nGazette, exempt any d rug or class of drugs from the operation of any of  the \r\nprovisions of this Act, subject to such conditions, if any, and for such period, as may \r\nbe specified in the notification. \r\n37. Inspectors to be public servants.– Every Inspector shall be deemed to be a \r\npublic servant within the meaning of section 21 of the Pakistan Penal Code (Act XLV \r\nof 1860), and sh all be officially subo rdinate to such authority as the Government \r\nappointing him may specify in this behalf. \r\n38. Indemnity.– Except as otherwise expressly p rovided in this A ct, no sui t, \r\nprosecution or other legal proceeding shall lie against Government or any other \r\nauthority or p erson for anything which is in good faith done or intended to be done \r\nunder this Act or any rule. \r\n39. Finality of orders, etc.– Save as otherwise expressly p rovided in this Act, \r\nevery o rder passed or decision given by any Board, a Drug Court or any other \r\nauthority under this Act shall be final and shall not be  called in question by or before \r\nany Court or other authority. \r\n40. Publication of result of test or analysis, etc.– (1) It shall be lawful for the \r\nFederal Government to publish, in such manner as it may deem fit, the result of any \r\ntest or analysis of any drug for public information and to pass such orders relating to \r\nthe withdrawal of such drug from sale and its disposal as it may consider necessary. \r\n(2) The Federal Government may, if it considers it necessary in the public \r\ninterest so to do, publish for public information, in such manner as it may deem fit, \r\nany information relating to a drug or to the use of a drug in specified circumstances. \r\n41. Cancellation or suspension of licences.– Where any person has been \r\n                                                           \r\n77Substituted for the words and commas “shall, unless he proves that the offence was committed without his knowledge and \r\nconsent, be guilty of the offence” by the Drugs (Amendment) Ordinance, 2002 (CXXVIII of 2002), published in the Gazette of \r\nPakistan (Extraordinary), dated:15 November 2002, pp 1984-1989, s.16. \r\nfound to have contravened any of the provisions of this Act, or the rules in respect of \r\nany drug and the contravention is of such a nature that the import, export, \r\nmanufacture or sale of any drug by su ch person is, in the opinion of the licensing \r\nauthority or the Central Licensing Board, likely to  endanger public health, that \r\nauthority may, after giving such person an opportunity o f being h eard, cancel the \r\nlicence to import, export, manufacture or sell drugs issued to such person or suspend \r\nsuch licence for a specified period. \r\n78\r\n[41A. Suspension of license by Provincial Quality Control Board .– (1) \r\nNotwithstanding anything in section 41, the Provincial Quality Control Board may, \r\nsubject to the conditions mentioned in that section, and after affording an opportunity of \r\nhearing to the manufacturer and recording detailed reasons including the grounds of \r\nsuspension, suspend the manufacturing license of a manufacturer within the Punjab for \r\nsuch pe riod not exceeding 79[fifteen] days as the Board may determine and shall, as \r\nsoon as may be, report the matter to the Central Licensing Board for such action as the \r\nBoard may deem appropriate. \r\n(2) A copy of the order under subsection (1) shall immediately b e supplied to \r\nthe manufacturer, requiring him to take appropriate remedial measures.\r\n \r\n \r\n(3) The manufacturer shall take remedial measures and shall request the \r\nProvincial Quality Control Board for an immediate inspection of the unit, and the Board \r\nshall promptly arrange an inspection.  \r\n(4) If the Board is satisfied that the grounds leading to the suspension of the \r\nlicence have been remedied, it shall restore the licence of the manufacturer and report \r\nthe matter to the Central Licensing Board but if the Board is not so satisfied, it may \r\nrequire the manufacturer to take the remaining remedial measures. \r\n(5) Notwithstanding anything in subsection (3) or subsection (4), the Board \r\nshall arrange inspection of the Unit for manufacture of drugs at five days prior to th e \r\nexpiry of the period of suspension and if it is of the view that sufficient remedial steps \r\nhave not been taken, the Board may, from time to time and after recording reasons, \r\nextend the period of suspension up to the maximum period of ninety days in all. \r\n(6) If the manufacturer does not take effective remedial steps during the \r\nperiod or extended period of suspension of the licence, the Board shall refer the matter \r\nto the Central Licensing Board for immediate cancellation of the manufacturing licence. \r\n(7) Any manufacturer aggrieved by the order of suspension may, within \r\nseven days from the receipt of the order, prefer an appeal to the appellate authority as \r\nnotified by the Government and the appellate authority shall dispose of the appeal \r\nmaximum within seven days.] \r\n42. Cancellation or suspension of registration of registered drugs.– Where \r\nany person has been found to have contravened any of the provisions of this Act, or \r\nthe rules in respect of any registered drug, the Registration Board may, after giving \r\nsuch person an oppo rtunity of  being heard, cancel the registration of such drug or \r\nsuspend such registration for a specified period. \r\n                                                           \r\n78Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extraordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.16. \r\n79Substituted for the word “thi rty” by the Drugs (Punjab Amendment) Act 2018 (XVIII of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 24 May 2018, pp. 8121-8123, s. 9. \r\nCHAPTER V \r\nMISCELLANEOUS \r\n43. Power of Federal Government to make rules.– (1) Subject to section 44, \r\nthe Federal Government may, by notification in the official Gazette, make rules for \r\ncarrying out the purposes of this Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\nprovision, such rules may– \r\n(a) prescribe the functions of the Federal Drug Laboratory and any oth er \r\nlaboratory set up under section 14 or specified under section 22 or \r\nsection 33 and the procedure for the submission to any such laboratory \r\nof samples of d rugs for analysis or test, the forms of the  laboratory's \r\nreports thereon and the fees payable in respect of such reports; and \r\nsuch other matters as may be n ecessary for any such l aboratory to \r\nperform its functions; \r\n(b) prescribe specifications, including the strength, potency, purity, quality or \r\nother property, of any drug, and the methods of test or analysis to be \r\nemployed in determining whether a drug is of required specifications; \r\n(c) prescribe the maximum proportion of any poisonous or other substance \r\nwhich may be added to or contained in any drug, or extracted or omitted \r\ntherefrom; p rohibit the import, manufacture, sale or stocking or  \r\nexhibition for sale or distribution of any drug in which that proportion is \r\nexceeded and specify subst ances whi ch sh all be deemed to be \r\npoisonous; \r\n(d) specify the drugs or classes of drugs for the import or export of \r\nwhich a licence is required, the testing of such drugs, and prescribe the \r\nform and conditions of such licences, the authority empowered to \r\nissue the same, and the fees payable therefor; \r\n(e) prescribe the places at which any specific drug or drugs may be \r\nimported prohibit their import at any other place, and control their import \r\nthrough any specified agency; \r\n(f) prescribe the evidence to be supplied, whether by accompanying \r\ndocuments or otherwise, of the quality of drugs sought to be imported, \r\nthe procedure of officers, of customs in dealing with such evidence and \r\nthe manner of storage at places of  import of drugs detained pending \r\nadmission; \r\n(g) prescribe the forms of licences for the manufacture for sale of drugs or \r\nany specified drugs or class of drugs, the form of application for such \r\nlicences, the conditions subject to which such licence may be \r\nissued, the person under whose signature the same be issued and the \r\nfees payable therefor; \r\n(h) require the date of manufacture and the date of expiry of potency to be \r\nclearly and truly stated on the label and container of any specified drug \r\nor class of drugs and prohibit the sale, stocking or exhibition for sale or \r\ndistribution of  the s aid drug or class of drugs after the expiry of a \r\nspecified period from the date of manufacture or after the expiry date \r\nand prescribe the manner of disposal of such drug or class of drugs; \r\n(i) prescribe the conditions to be obs erved in the packing in bottle, \r\npackages and other containers of drugs and prohibit the sale, stocking \r\nor exhibition for sale or distribution of drugs packed in contravention of \r\nsuch conditions; \r\n(j) regulate the mode of packing and packaging, including its size, \r\ndimensions, fill and other specifications, the material used therefore and \r\nmode of labelling packed drugs and prescribe the matters which shall or \r\nshall not be included in such lebels or on the leaflets accompanying the \r\ndrugs; \r\n(k) require that the non-proprietary or chemical or accepted scientific name \r\nor the proprietary name of any specified drug or any ingredient thereof \r\nshall be displayed in the prescribed manner; \r\n(l) prescribe the requirements and conditions in respect of good practices \r\nin the manufacture and quality control of drugs; \r\n(m) prescribe conditions for distribution of samples for sales promotion of \r\ndrugs; \r\n(n) prescribe the procedure for introduction in Pakistan of a new drug; \r\n(o) prescribe terms and conditions of members of the  Central Licensing \r\nBoard and the Registration Board; \r\n(p) prescribe types of registration of drugs, the form of application for such \r\nregistration, the conditions subject to which such registration may be  \r\ngranted, the m anner of  registration and pos t-registration surveillance \r\nand deregistration of registered drugs and the fees payable therefor; \r\n(q) prescribe conditions for registration of indentors, importers, wholesalers \r\nand dist ributors within Pakistan and any establishment within any \r\nforeign country engaged in the manufacture for export of a drug and \r\nprescribe conditions providing effective and adequate means, by \r\narrangement with the Government of such foreign country or otherwise, \r\nto enable the licensing authority or the Registration Board to determine \r\nfrom time to time wh ether drugs manufactured in such establishment, if \r\nimported or offered for import into Pakistan, shall be refused admission \r\nwhere the public interest so requires; \r\n(r) prescribe the form of warranty for manufactured drugs; \r\n(s) specify offences in relation to which the stock of drugs, articles or things \r\nshall be liable to forfeiture under this Act; \r\n(t) prescribe the qualifications, and regulate the procedure for exercise of \r\npowers and performance of functions, of Federal Inspectors; \r\n(u) prescribe the laboratories to which the Federal Inspectors shall submit \r\nsamples of drugs taken for the purpose of test and analysis and the form \r\nand procedure for submitting t he report of such test and analysis and \r\nthe fee payable therefor, where so required; \r\n(v) prescribe measures for securing and maintaining supplies of drugs at \r\nreasonable prices, conditions to be met in respect of m anufacture, \r\nproduction, pricing, keeping, movement and disposal of drugs and to fix \r\nprices, commissions, discount of the manufacturer, wholesaler, \r\ndistributor, retailer or any oth er dealer of drugs, to control giving of \r\nbonus in cash or kind or in any other manner to any of the said parties \r\nand for collecting or calling for any information, statistics, records or \r\nbooks with a view to regulating the matters aforesaid; \r\n(w) specify drugs which may be advertised and the conditions subject to \r\nwhich such drugs may be advertised; \r\n(x) prescribe conditions subject to whi ch small quantities of drugs may be \r\nimported or manufactured or exported for the p urpose of examination, \r\ntest or analysis, clinical trial or personal use; and \r\n(y) prescribe any other matter which is to be, or may be, prescribed by the \r\nFederal Government. \r\n(3) The power to make rules conferred by this section shall, except on \r\nthe first o ccasion of  the exercise thereof, be subj ect to the  condition of previous \r\npublication. \r\n80\r\n[43A. Power to delegate.– (1) The Provincial Government may, subject to such \r\nconditions as it may determine, delegate any of its functions to the Provincial Quality \r\nControl Board or to any other person or authority. \r\n(2) The Provincial Quality Control Board may, subject t o such conditions as it \r\nmay determine, delegate any of its functions and powers under this Act or the rules to \r\nthe Monitoring Committee or any other person or authority.] \r\n44. Power of the Provincial Government to make rules.– (1) The Provincial \r\nGovernment may by notification in the official Gazette, make rules in respect of the \r\nfollowing matters, namely– \r\n(a) the establishment of laboratories for testing and analyzing drugs 81[and \r\nTherapeutic goods]; \r\n(b) the qualifications and the procedure, for exercise of powers and \r\nperformance of functions of Provincial Inspectors; \r\n(c) the forms of reports to be given by Gov ernment Analysts and the \r\nmanner of application for test or analysis and the fees payable therefor; \r\n(d) the conditions to regulate sale or storage or distribution of drugs 82[and \r\nTherapeutic goods] or any specific drug or class of drugs; \r\n(e) the offences against this Act or any rule in relation to which the stock of \r\ndrugs 83[and Therapeutic goods]  shall be liable to confiscation and \r\ndestruction under this Act; \r\n                                                           \r\n80Inserted by the Punjab Drugs (Amendment) Act, 2017 (V of 2017), published in the Punjab Gazette (Extra ordinary), dated: 13 \r\nFebruary 2017, pp.4519-4525, s.17. \r\n81Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 \r\nDecember 2025, pp. 3279-3280, s.3(a).   \r\n82Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 \r\nDecember 2025, pp. 3279-3280, s.3(b).    \r\n83Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 \r\nDecember 2025, pp. 3279-3280, s.3(c).    \r\n(f) the forms of licences for the sale or distribution of drugs 84[and \r\nTherapeutic goods] or any specified drug or class of drugs, the authority \r\nempowered to issue the same, the form of applications for su ch \r\nlicences, the fees payable therefor and the conditions subject to which \r\nsuch licences may be issued; \r\n(g) the p rocedure to be  followed by the Provincial Quality Control Board; \r\nand \r\n(h) any other m atter wh ich is to\r\n \r\nbe or may be, prescribed by the \r\nProvincial Government. \r\n(2) The power to make rules conferred by this section shall, except on \r\nthe first o ccasion of the exercise thereof, be subject to the condition of previous \r\npublication. \r\n45. Repeal and Savings.– (1) The Drugs Act, 1940 (XXIII of 1940), the Drugs \r\n(Generic Names) Act, 1972 (XXIV of 1972), and the Drugs Ordinance, 1976 (IV of \r\n1976), are hereby repealed. \r\n(2) Notwithstanding the repeal of the Drugs Act, 1940 (XXIII of 1940), by \r\nsub-section (1),– \r\n(a) Any licence to manufacture for sale issued thereunder to any person, for \r\nthe revalidation of which an application has already been made to the \r\nCentral Licensing Board within the date specified by the  Federal \r\nGovernment shall continue to be  valid until  orders are p assed by the \r\nsaid Board in this behalf. \r\n(b) Any licence for import or export or sale of drugs issued thereunder to \r\nany p erson, shall, unless it expires earlier un der the terms thereof, \r\ncontinue to be valid for such periods as the Federal Government, or as \r\nthe case may be the Provincial Government may by notification in the \r\nofficial Gazette, specify in this behalf: \r\nProvided that in case of drugs to be impo rted or exported licences may \r\ncontinue to be issued under the rules framed under the Drugs Act, 1940, till the  \r\nrules under this Act are framed or as the case may be, a date is fixed under sub-\r\nsection (6) of section 7 in respect of drugs in the finished form ready for use. \r\n                                                           \r\n84Inserted by the Drugs (Second Amendment) Act 2025 (CIII of 2025), published in the Punjab Gazette (Extraordinary), dated:18 \r\nDecember 2025, pp. 3279-3280, s.3(d).",
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