Section 20
Powers Of Inspector To Make Inquiry And Inspection
(1) The Inspector may inspect, enquire and search any place where a drug is being manufactured, stored ♦ sold, distributed or transported.
(2) If, in making inspection, inquiry or search pursuant to Sub-section
(1), the Inspector suspects that any drug is not safe for public consumption,
efficacious or of quality standard or has a reasonable ground to believe that any
________________________________
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.
activity is being carried out in contravention of this Act or the Rules framed under this Act, the Inspector may seal the drug which he/she has found, hand over its custody to its owner, receive a receipt from that owner, withhold such drug and give order to immediately stop such activity
(3) If the Inspector makes inspection, inquiry or search pursuant to this Section or stops a drug or sends sample of that drug for testing, he/she shall submit a report thereon to the Administrator within three days.
(4) If the drug, which has been withhold by the Inspector pursuant to Sub- section (2), is proved, from the analysis or test by a research center, laboratory, hospital, pharmacy or clinic, that it is not safe for public consumption, efficacious or of quality standard, such drug may be seized or destroyed by order of the Administrator; and the Administrator may, while issuing such order, order to cancel the recommendation letter, product license, certificate or license issued under this Act.
♦ (4a) If, in carrying out analysis or test pursuant to Sub-section (4), any drug is found to be safe for public consumption, efficacious and of quality standard but the person manufacturing, selling, distributing, storing, transporting, exporting or importing such drug is held to have committed any activity in violation of this Act or the Rules framed under this Act, the Administrator may seize such drug and control the manufacturing, sale, distribution, storage, transportation, export or import of such drug or suspend the license or certificate or recommendation letter of such person for a period not exceeding six months.
(5) The manufacturer shall bear the expenditures incurred in destroying the drug pursuant to Sub-section (4) If the drug seized from the seller and stopped is to be destroyed, the value of such drug received by the manufacture from the seller shall also be got reimbursed by the manufacturer to the seller.
♦ (6) The Department may, as per necessity, depute any expert in the concerned subject to assist in the inquiry and inspection as referred to in this section.
_______________________________
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.
(2) If, in making inspection, inquiry or search pursuant to Sub-section
(1), the Inspector suspects that any drug is not safe for public consumption,
efficacious or of quality standard or has a reasonable ground to believe that any
________________________________
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.
activity is being carried out in contravention of this Act or the Rules framed under this Act, the Inspector may seal the drug which he/she has found, hand over its custody to its owner, receive a receipt from that owner, withhold such drug and give order to immediately stop such activity
(3) If the Inspector makes inspection, inquiry or search pursuant to this Section or stops a drug or sends sample of that drug for testing, he/she shall submit a report thereon to the Administrator within three days.
(4) If the drug, which has been withhold by the Inspector pursuant to Sub- section (2), is proved, from the analysis or test by a research center, laboratory, hospital, pharmacy or clinic, that it is not safe for public consumption, efficacious or of quality standard, such drug may be seized or destroyed by order of the Administrator; and the Administrator may, while issuing such order, order to cancel the recommendation letter, product license, certificate or license issued under this Act.
♦ (4a) If, in carrying out analysis or test pursuant to Sub-section (4), any drug is found to be safe for public consumption, efficacious and of quality standard but the person manufacturing, selling, distributing, storing, transporting, exporting or importing such drug is held to have committed any activity in violation of this Act or the Rules framed under this Act, the Administrator may seize such drug and control the manufacturing, sale, distribution, storage, transportation, export or import of such drug or suspend the license or certificate or recommendation letter of such person for a period not exceeding six months.
(5) The manufacturer shall bear the expenditures incurred in destroying the drug pursuant to Sub-section (4) If the drug seized from the seller and stopped is to be destroyed, the value of such drug received by the manufacture from the seller shall also be got reimbursed by the manufacturer to the seller.
♦ (6) The Department may, as per necessity, depute any expert in the concerned subject to assist in the inquiry and inspection as referred to in this section.
_______________________________
Amended by the Second Amendment.
♦ Inserted by the Second Amendment.
♦ Inserted by the Second Amendment.