Addition of new section 13A.
"Registration of
premises.
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13. (1) No premises of an authorized seller of poisons, where poisons are kept for the purposes of retail sale, shall be kept or used for such purposes unless the premises are registered under sub- section (3).
(2) An application to register premises under subsection (3) shall be made to the Board in the prescribed form and prescribed
manner.
(3) Subject to subsection (4), the Board may register premises in respect of which an application is made under subsection (2), and may impose such conditions relating to the registration of the premises as it thinks fit.
(4) The Board shall not register premises under subsection (3) unless it is satisfied, in relation to the retail sale of poisons at such premises, that—
(a) the authorized seller of poisons is a fit and proper person to
conduct the retail sale of poisons;
(b) the premises are suitable for conducting the retail sale of
poisons thereon;
(c) the actual sale of poisons will be conducted on the premises by a registered pharmacist or in his presence or under his supervision, in accordance with section 11(1); and
(d) the premises will be under the control of a registered
pharmacist in accordance with section 12.
(5) On the registration of premises under subsection (3) the Secretary shall—
(a) issue to the authorized seller of poisons a certificate of
registration in the prescribed form; and
(b) enter the address of the premises and the name of the authorized seller of poisons, in a register to be kept for the purposes of this section (in this Ordinance referred to as the "register of premises").
(6) The registration of premises under subsection (3) shall- (a) not take effect except on payment of the prescribed fee; and (b) authorize the authorized seller of poisons to conduct the retail sale of poisons thereon for such period being not more than 1 year, expiring on such date as shall be specified in the certificate of registration.
(7) An authorized seller of poisons may, before the expiration of a certificate of registration issued to him under subsection (5), apply to the Board for the certificate to be renewed for a further period of not more than 1 year from the date of expiry and--
(a) this section shall apply with necessary modifications, to an application for renewal made under this subsection as it applies to an application made under subsection (2);
(b) the Board may in respect of the renewed certificate of registration impose any condition in addition to or instead of any condition previously imposed by under sub- section (3).
(8) An applicant who is aggrieved by a decision of the Board under subsection (3) or (7) may, in the prescribed manner, appeal against such decision to the Tribunal.".
6. The principal Ordinance is amended by adding after section 13 the following-
“Display of logo.
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13A. (1) An authorized seller of poisons who conducts the retail sale of poisons on premises registered under section 13, may cause to be displayed at such premises, a logo in the prescribed form.
(2) Any person who is the proprietor of a business carried on at premises where-
(a) a logo in the form prescribed under subsection (1); or
(b) any logo, emblem or other thing which so resembles a logo in the form prescribed under subsection (1) as to be mistaken for such logo,
is displayed shall, if such premises are not registered under section 13, be guilty of an offence.".
7. Section 25 of the principal Ordinance is amended by deleting subsection (4). Amendment of
8.
Section 28 of the principal Ordinance is amended---
(a) in subsection (3) by deleting "On" and substituting the following—
"In the case of medicine referred to in subsection (1)(b), (c) or (d), on"; and
(6) by inserting after subsection (3) the following—
“(3A) In the case of medicine referred to in subsection (1)(a), on the day on which the medicine is supplied, or, if that is not reasonably practicable, on the day next following that day, there shall be entered in the record of treatment or other document relating to the supply thereof the following particulars-
(a) the date on which the medicine was supplied;
(b) the name and address of any person to whom or on whose
behalf it was supplied; and
(c) the ingredients of the medicine and the quantity, dosage and
duration of supply.”.
section 25.
Amendment of section 28.
9. Section 29(1) of the principal Ordinance is amended by deleting para- Amendment of graph (c) and substituting the following-
"(c) regulating the making and determination of applications under section 13 in respect of the registration of premises, providing for appeals and prescribing the form of any certificate of registration issued under that section;
(ca) prescribing fees for the registration of premises under section 13 and for the retention of premises on the register of premises in each year subsequent to the year of first registration and upon a change of name, ownership or any other particulars relating to the premises;
(ch) prescribing the form of logo under section 13A;”.
section 29.
10. Section 30(1) of the principal Ordinance is amended by deleting para- Amendment of graph (a) and substituting the following—
“(a) any appeal against a decision of the Board under section 13(3) or (7);
(aa) any appeal against a direction of the Board under section 25(3);”.
section 30.
11. Section 36(1) of the principal Ordinance is amended by inserting after Amendment of "forfeited" the following-
"any pharmaceutical product or medicine or".
section 36.
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