Uganda Act or statute

Parliament of Uganda

National Drug Policy and Authority Act

Jurisdiction: Uganda
Structure: 65 provisions
Citation: Chapter 206
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions for terms used in the Act such as “advertisement”, “approved institution”, “authorised person”, “drug” and “Minister”.”

This section provides definitions for terms used in the Act such as “advertisement”, “approved institution”, “authorised person”, “drug” and “Minister”. Lists the functions and objectives the national drug policy must pursue, including availability, regulation, research, training, compliance with international controls, and combating abuse. Establishes a National Drug Authority as a body corporate, defines its membership, states appointment by the Minister, and fixes three-year terms for certain members. The drug authority's common seal is determined by the authority and kept by the secretary; when affixed it must be authenticated by any two signatures of the chairperson, the secretary or another commission member authorised by the drug authority; the secretary or any person authorised may enter into or execute contracts without the seal where seal is not required; sealed instruments authenticated as prescribed are admissible in evidence unless contrary is proved. The drug authority is charged with implementing the national drug policy and must perform a set of specified functions relating to regulation, approval, control, promotion, guidance, and related activities connected to drugs and pharmacies.

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Interpretation - Interpretation

This section provides definitions for terms used in the Act such as “advertisement”, “approved institution”, “authorised person”, “drug” and “Minister”.

Section 1

Control of the drug supply - National list of essential drugs

Imports and sales of drugs are prohibited unless the drug appears on the national formulary; the drug authority may authorize imports and sales in emergencies.

Section 8

Special provisions relating to classified drugs - Control of publication of descriptive matter

No person shall publish descriptive matter about a drug that is calculated to lead to its use, subject to listed exceptions.

Section 33

Miscellaneous provisions - Amendment of Schedules

The Minister may amend the First through Eighth Schedules to this Act by statutory order after consulting the authority.

Section 65

The secretariat and financial provisions - Audits

The drug authority's accounts must be audited; the drug authority must submit statements within four months after year end; the Auditor General must audit and deliver reports within two months after receipt; auditors have access to fina…

Section 58

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Showing 65 of 65 provisions

Provision 45Offence 9Repeal 6Commencement 3

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

This section provides definitions for terms used in the Act such as “advertisement”, “approved institution”, “authorised person”, “drug” and “Minister”.

Section Interpretation Section In this Act, unless the context otherwise requires— “ advertisement ” includes any notice, circular, label, wrapper or other document, and any announcement made orally or by means of producing or transmitting light or sound; “ approved institution ” includes gazetted hospitals, health centres, dispensaries, aid posts, registered medical clinics and nursing homes; “ authorised person ” means a person authorised under this Act; “ authorised pharmacopoeia ” means the current edition for the time being of any of the following, namely, the International Pharmacopoeia, the British Pharmacopoeia, the British Pharmaceutical Codex, the European Pharmacopoeia, the United States Pharmacopoeia and the British Veterinary Codex; “ class A drug ”, “class B drug ” and “class C drug ” shall be construed in accordance with section 12 ; “ classified drug ” means a class A, B or C drug ; “ commission ” means the National Drug Authority Commission; “ descriptive matter ” means any statement, whether written or oral, which purports to describe the composition or effect of any drug ; and references to the publication of descriptive matter shall be references to its publication by way of advertisement , or on or with the container in which the drug is supplied or in any other manner; “ disease ” includes injury and bodily or mental deficiency or abnormality; “ dispense ”, in relation to a medicine or poison, means to supply a medicine or poison on and in accordance with a prescription duly given by a duly qualified medical practitioner, dentist or veterinary surgeon; “ drug ” means any substance or preparation used or intended to be used for internal or external application to the human or animal body either in the treatment or prevention of disease or for improving physiological functions, or for agricultural or industrial purposes; “ drug authority ” means the National Drug Authority; “ duly qualified ”, used in relation to a medical practitioner, dentist or veterinary surgeon, means a person recognised by law to practise medicine, surgery, dentistry and midwifery or, as the case may be, veterinary surgery; “ generic name ” means the International Nonproprietary Name (INN) established by a body of the World Health Organisation; “ Indian hemp ” includes the dried flowering or fruiting tops of the pistillate plant known as cannabis sativa or cannabis indica from which the resin has not been extracted, by whatever name the tops are called, and resins obtained from those tops, all preparations of which those resins form the base and all extracts or tinctures obtained from those tops; “ inspecting officer ” means a person empowered under Part VII of this Act to enter any premises; “ international control ” means the international conventions on the control of narcotic drugs and psychotropic substances; “ International Nonproprietary Name (INN) ” means the official name of a drug , regardless of the manufacturer; “ licensed person ” means a person licensed under section 14 ; “ licensed seller ” means a person licensed under section 15 ; “ manufacture ” includes any treatment of a plant, mineral or other substance for the purpose of extracting a drug ; “ Minister ” means Minister responsible for health; “ narcotic drug ” means a class A drug or preparation; “ pharmacist ” means pharmacist under the Pharmacy and Drugs Act; “ prepared opium ” means opium prepared for smoking and includes dross and any other residues remaining after opium has been smoked, and also includes any opium, for whatever purpose prepared, which is capable of being smoked; “ proprietary drug ” means a drug distributed for sale by retail under a brand name or other proprietary description and in a form ready for use; “ register ” means the register of specialties maintained under the drug authority ; “ restricted drug ” means a classified drug or any other drug which is not an exempted drug ; “ substance ” includes a preparation; “ supply ”, with its grammatical variations and cognate expressions, includes, in relation to a drug , the administration of any such drug .

Section 1

Part II

National drug policy and national drug authority

§ 2National drug policy and national drug authority - National drug policyProvision

Lists the functions and objectives the national drug policy must pursue, including availability, regulation, research, training, compliance with international controls, and combating abuse.

Section National drug policy Section The national drug policy shall be— to ensure that essential, safe, efficacious and cost-effective drugs are made available to the entire population of Uganda to provide satisfactory health care; to make a continuous review of the needs, knowledge and resources of essential drugs; to promote the rational use of drugs both in the public and private sector; to improve Government regulation and control on manufacture , production, importation, exportation, marketing and use of drugs; to provide systematic public information and professional training and retraining of health workers; to improve the registration of drugs and licensing of pharmaceutical premises; to intensify research in all types of drugs, including traditional medicines; to comply with the international regulations on drugs, including the conventions on narcotic drugs and psychotropic substances under international control ; and to fight against drug and substance abuse. The national drug policy shall relate to the regulation of the importation, production, distribution, marketing, exportation and use of pharmaceuticals in the public as well as in the private sector and to any matter related to the above.

Section 2

§ 3National drug policy and national drug authority - Establishment of the National Drug AuthorityProvision

Establishes a National Drug Authority as a body corporate, defines its membership, states appointment by the Minister, and fixes three-year terms for certain members.

Section Establishment of the National Drug Authority Section The drug authority shall consist of the chairperson and the following other persons— a representative of each of the following— There is established a National Drug Authority which shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. the director of medical services; the commissioner for veterinary services; the commissioner for commissioner for trade; the director, criminal investigation department; the chief of medical services, Ministry of Defence; the chief of pharmaceuticals and health supplies; the head of the Natural Chemotherapeutics Laboratory; the director, Mulago Hospital; the National Medical Stores; the Uganda Medical Association; the Pharmaceutical Society of Uganda; the Uganda Veterinary Association; the head of the School of Pharmacy, Makerere University; the Uganda herbalists; the Uganda Dental Association; and the Joint Medical Stores; the director general of the Uganda AIDS Commission; two other persons appointed from the public. The chairperson and the members appointed under subsection (2)(k) shall be appointed by the Minister . The members appointed under subsection (3) shall be in office for three years but shall be eligible for reappointment.

Section 3

§ 4National drug policy and national drug authority - Application of the sealProvision

The drug authority's common seal is determined by the authority and kept by the secretary; when affixed it must be authenticated by any two signatures of the chairperson, the secretary or another commission member authorised by the drug authority; the secretary or any person authorised may enter into or execute contracts without the seal where seal is not required; sealed instruments authenticated as prescribed are admissible in evidence unless contrary is proved.

Section Application of the seal Section Every document purporting to be— The common seal of the drug authority shall be as the drug authority may determine and shall be kept by the secretary. The common seal shall, when affixed into any document, be authenticated by any two signatures of the chairperson, the secretary and any other member of the commission as may be authorised by the drug authority . A contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the drug authority by the secretary or any other person authorised by the drug authority . an instrument issued by the drug authority and sealed with the common seal of the drug authority and authenticated in the manner prescribed in subsection (2); or a contract or instrument entered into or executed by the drug authority shall be received in evidence without further proof as that instrument duly issued or a contract duly entered into or executed unless the contrary is proved.

Section 4

§ 5National drug policy and national drug authority - Functions of the drug authorityProvision

The drug authority is charged with implementing the national drug policy and must perform a set of specified functions relating to regulation, approval, control, promotion, guidance, and related activities connected to drugs and pharmacies.

Section Functions of the drug authority Section The drug authority shall be charged with the implementation of the national drug policy and, in particular, but without derogation of the foregoing, shall— deal with the development and regulation of the pharmacies and drugs in the country; approve the national list of essential drugs and supervise the revisions of the list in a manner provided by the Minister ; estimate drug needs to ensure that the needs are met as economically as possible; control the importation, exportation and sale of pharmaceuticals; control the quality of drugs; promote and control local production of essential drugs; encourage research and development of herbal medicines; promote rational use of drugs through appropriate professional training; establish and revise professional guidelines and disseminate information to health professionals and the public; provide advice and guidance to the Minister and bodies concerned with drugs on the implementation of the national drug policy; and perform any other function that is connected with the above or that may be accorded to it by law.

Section 5

§ 6National drug policy and national drug authority - Commission and other bodies of the authorityProvision

Establishes a National Drug Authority Commission and lists functions it shall perform, including exercising authority functions when the drug authority is not sitting, monitoring implementation of decisions, establishing and revising working procedure, and performing other functions as directed.

Section Commission and other bodies of the authority Section The functions of the commission shall be— There shall be the following committees of the drug authority — The membership of the committee on essential drugs shall be as follows— a representative of each of the following specialities— The membership of the committee on the national formulary shall be as follows— There shall be a National Drug Authority Commission which shall consist of the chairperson and four other members appointed by the drug authority from among themselves. The chairperson of the drug authority shall be the chairperson of the commission . to exercise the functions of the drug authority which may require exercising when the drug authority is not sitting; to monitor and supervise the implementation of the decisions of the drug authority ; to establish and revise from time to time, the working procedure of the drug authority ; to perform any other function relating to the functions of the drug authority as the authority may direct. the committee on essential drugs; and the committee on the national formulary. a chairperson appointed by the drug authority ; the commissioner of curative services of the Ministry of Health; the chief of pharmaceuticals and health supplies; the chief of medical services, Ministry of Defence; the head of the School of Pharmacy; physician; paediatrician; gynaecologist/obstetrician; surgeon; psychiatrist; a member from the Private Medical Practitioners Association; a non–government organisation pharmacist from the Joint Medical Stores. The committee on essential drugs shall have power to co-opt members deemed necessary. a chairperson appointed by the drug authority on the recommendation of the appropriate professional bodies; a member of the faculty of medicine of the universities in Uganda; a member of the faculty of veterinary sciences; a member from the School of Pharmacy; a member from the Pharmaceutical Society of Uganda; a member from the Uganda Medical Association; the executive director of the National Bureau of Standards; psychiatrist.

Section 6

§ 7National drug policy and national drug authority - Meetings of the drug authorityProvision

The drug authority must meet at least six times a year; the National Drug Authority Commission must establish the working procedure for the drug authority.

Section Meetings of the drug authority Section The drug authority shall meet for the discharge of its functions at least six times a year. The National Drug Authority Commission shall establish the working procedure for the drug authority .

Section 7

Part III

Control of the drug supply

§ 10Control of the drug supply - Estimation of drug needsProvision

The commission must regularly assess and estimate national drug needs and must promote investigations to provide accurate estimates.

Section Estimation of drug needs Section The commission shall ensure regular assessment and estimation of the national drug needs both in the public and private sectors. Estimates of the national drug needs shall be expressed both in unit (quantity) and financial cost. For the purposes of providing accurate estimates of drug needs, the commission shall promote and encourage investigations, including studies of current morbidity patterns, drug utilisation and available diagnostic and therapeutic resources.

Section 10

§ 11Control of the drug supply - Drug nomenclatureProvision

All drugs imported into Uganda must be labelled, known and prescribed by their International Nonproprietary Names (generic names), except where no such name has been allocated and no satisfactory nonproprietary alternative exists.

Section Drug nomenclature Section All drugs imported in Uganda shall be labelled, known and prescribed by their International Nonproprietary Names (generic names) except where no such name has been allocated and no satisfactory nonproprietary alternative exists.

Section 11

§ 12Control of the drug supply - Restricted drugsProvision

Designates drugs in Schedules 1–3 as classified drugs, drugs/articles in Schedule 4 as exempted, and states that any classified or non-exempt drug is a restricted drug.

Section Restricted drugs Section For the purpose of this Act and subject to this section— the drugs specified in the First, Second and Third Schedules to this Act shall be classified drugs; the drugs and articles specified in the Fourth Schedule to this Act shall be exempted drugs and articles; and any classified drug or any other drug which is not exempted shall be deemed to be a restricted drug . Subject to subsection (3), where a preparation contains any quantity of a drug which is included in the First, Second or Third Schedule, the preparation shall be deemed to be a classified or restricted drug of the same class as the drug which it contains. Where an entry in the First, Second or Third Schedule to this Act defines the proportions of a drug which bring a preparation containing it within the list of restricted drugs, subsection (2) shall not apply to that preparation. Where, apart from this subsection, a preparation would fall to be treated as a class A drug and also as a class B or class C drug or both, it shall be treated as a class A drug only. Where, apart from this subsection, a preparation would fall to be treated as a drug of both class B and class C, it shall be treated as a class B drug only.

Section 12

§ 13Control of the drug supply - Supply and dispensing of restricted drugsProvision

No person shall mix, compound, prepare, supply or dispense any restricted drug unless they are a registered pharmacist, medical practitioner, dentist, veterinary surgeon or a licensed person; specified limited exceptions and authorised supplies exist, and nurses or other authorised persons may supply or dispense under Ministerial regulations. Records kept under this section must be open to inspection by an inspector of drugs.

Section Supply and dispensing of restricted drugs Section Subsection (1) shall not prevent— The supply or dispensing of restricted drugs under subsections (2) and (3) shall be subject to the following— the following particulars shall, within twenty-four hours after the restricted drug has been supplied or dispensed, be entered in a book used regularly for the purpose, which shall be known as the Prescription Book— Subject to this section, no person shall mix, compound, prepare, supply or dispense any restricted drug unless that person is a registered pharmacist , medical practitioner, dentist or veterinary surgeon or a licensed person . the supply of any drug , other than a drug of class A or B, by a licensed seller ; the mixing, compounding or preparing of a drug under the immediate supervision of a registered pharmacist ; the supply or dispensing of a restricted drug by a member of the staff of a hospital, dispensary or similar institution which has been authorised to do so by a general or special order of the drug authority ; the supply of restricted drugs subject to regulations made by the Minister after consultation with the drug authority , by a representative of a person engaged in the sale and supply of pharmaceutical goods for the purposes of giving free samples of the drugs to persons who may lawfully possess restricted drugs. A person registered or enrolled under the Nurses and Midwives Act or any other authorised person may supply or dispense restricted drugs in accordance with regulations made by the Minister in that behalf. the restricted drug shall be distinctly labelled with the name and address of the person by whom it is supplied or dispensed; the date on which the restricted drug was supplied or dispensed; the ingredients and quantity supplied; the name and address of the person to whom the restricted drug was supplied; the name and address of the person by whom the prescription was given, except that paragraph (a) shall not apply in any case where any restricted drug is administered by a medical practitioner, dentist, veterinary surgeon or midwife, or under his or her direct supervision and in his or her presence. Any record kept under this section shall be open to inspection by an inspector of drugs.

Section 13

§ 14Control of the drug supply - Licensed personsOffence

Section Licensed persons Section If, on application made in the prescribed form by any person, the authority is satisfied— that the applicant is fit to carry on a business of mixing, compounding and preparing and supplying restricted drugs by retail; that the business, so far as concerns the restricted drugs, will be carried on under the immediate supervision of a pharmacist in each set of premises where the business is to be carried on; in the case of a body corporate, that at least one of the directors is a pharmacist resident in Uganda; and in the case of a partnership, that at least one of the partners is a pharmacist resident in Uganda, A licence issued under this section shall be valid for a period specified in the licence, but the drug authority may revoke the licence if, at any time, it is satisfied that the licensed person has contravened any provision of this Act or any condition specified in the licence, or has ceased to be fit to carry on the business. A person who carries on the business of a pharmacist without a licence issued under this section commits an offence and is liable to a fine not exceeding one million shillings or to imprisonment not exceeding five years or to both.

Section 14

§ 15Control of the drug supply - Licensed sellersProvision

The authority must be satisfied of specified conditions before a licence is issued; a licence is valid for the period stated in it, and the authority has the power to revoke the licence if the holder contravenes the Act or ceases to be fit to carry on the business.

Section Licensed sellers Section If, on application made in the prescribed form by a person other than a pharmacist or a licensed person , the authority is satisfied— that the applicant is fit to carry on a business of supplying by retail restricted drugs, other than drugs of class A or B; that the area in which the applicant proposes to carry on that business is not sufficiently served by existing facilities for the retail supply of the drugs; and that the applicant is an authorised person , A licence issued under this section shall be valid for a period specified in the licence, but the authority may revoke the licence if, at any time, it is satisfied that the holder of the licence has contravened any provision of this Act or any condition specified in the licence, or has ceased to be fit to carry on the business.

Section 15

§ 16Control of the drug supply - Places from which restricted drugs may be suppliedProvision

No person must not carry on a business supplying restricted drugs from premises unless a general or limited certificate under this Act is issued or in force; and no person must not supply any drug by means of an automatic machine.

Section Places from which restricted drugs may be supplied Section No person shall carry on the business of supplying restricted drugs from any premises— if restricted drugs including drugs of class A or B are supplied, unless either a general or a limited certificate is issued under this Act for the purpose; if restricted drugs not including drugs of class A or B are supplied, unless either a general or a limited certificate issued under this Act is in force. No person shall supply any drug by means of an automatic machine.

Section 16

§ 17Control of the drug supply - Certificates of suitability of premisesProvision

The authority may issue a general or limited certificate for premises suitable for supplying restricted drugs; certificate-holders must notify the authority of physical alterations (or certify no alteration annually before end of January); the authority may revoke the certificate if premises become unsuitable and must keep a register.

Section Certificates of suitability of premises Section If on application made in the prescribed form for a certificate in relation to any premises, the authority is satisfied that the accommodation, fixtures, equipment and other physical attributes of those premises render those premises suitable for the supply of restricted drugs or for the supply of restricted drugs excluding drugs of classes A and B, it may issue in respect of those premises either a general or limited certificate. Every person carrying on the business of supplying restricted drugs from the premises in respect of which a certificate issued under this section is in force shall notify the authority of any alteration in the physical attributes of the premises, or if no alteration occurs in any calendar year, shall notify the authority of that fact before the end of January in the following year. A certificate issued under this section shall remain in force until a date specified in the certificate, but the authority may revoke the certificate if, at any time, it is satisfied, on the recommendation of the inspector of drugs, that, owing to an alteration or deterioration in the physical attributes of the premises, the premises have ceased to be suitable for the supply of the restricted drugs, or of restricted drugs other than drugs of classes A and B, as the case may be. The authority shall keep a register in the prescribed form of the premises in respect of which a certificate is issued under this section.

Section 17

§ 18Control of the drug supply - Loss of class A or B drugsOffence

If someone entitled under the Act to supply or dispense class A or B drugs loses such a drug or related records, they must report the loss to the inspector of drugs within seven days and give particulars; contravening this section is an offence punishable by a fine up to one million shillings, imprisonment up to five years, or both.

Section Loss of class A or B drugs Section Any person entitled under this Act to supply or dispense a class A or B drug shall, upon the loss of that drug in his or her possession or control or of any records kept under this Act in relation to that drug , report that loss to the inspector of drugs, within seven days of the loss, giving particulars of the ingredients and quantities of the drug or the particulars of the records lost. A person contravening any provision of this section commits an offence and is liable to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years or to both.

Section 18

§ 8Control of the drug supply - National list of essential drugsProvision

Imports and sales of drugs are prohibited unless the drug appears on the national formulary; the drug authority may authorize imports and sales in emergencies.

Section National list of essential drugs Section There shall be a national list of essential drugs which shall be revised from time to time. There shall be a national formulary made of the national list of essential drugs and such other drugs as the authority may, from time to time, approve. No person shall import or sell any drug unless it appears on the national formulary. Notwithstanding subsection (3), a drug not appearing on the national formulary may be imported and sold after authorisation by the drug authority to meet emergency or extraordinary circumstances.

Section 8

§ 9Control of the drug supply - Selection of drug itemsProvision

The drug authority must receive proposals for the revised list from the committee on essential drugs.

Section Selection of drug items Section The drug authority shall receive from the committee on essential drugs the proposals of the revised list which shall be made in accordance with the available resources and existing diagnostic and therapeutic capacity.

Section 9

Part IV

Special provisions relating to classified drugs

§ 19Special provisions relating to classified drugs - Classified drugsProvision

The Minister, on the advice of the authority, may declare a drug to be a classified drug by statutory instrument.

Section Classified drugs Section The Minister on the advice of the authority may, by statutory instrument, declare a drug to be a classified drug .

Section 19

§ 20Special provisions relating to classified drugs - Need for prescription for classified drugsProvision

A pharmacist or licensed person shall not supply a class A or class B Group I drug unless it is under a prescription reasonably believed by the supplier to be valid.

Section Need for prescription for classified drugs Section A prescription shall be valid only if— A prescription shall be fully dispensed if the drug prescribed has been supplied once, unless it clearly states— This section shall not apply— A pharmacist or licensed person shall not supply a class A or class B Group I drug unless it is under prescription reasonably believed by the person supplying the drug to be valid. it is in indelible writing, dated and signed with the usual signature of a registered medical practitioner, dentist or veterinary surgeon; it states the name, qualification and address of the person signing it; it states the name and address of the person for whose treatment it is given or, if signed by a veterinary surgeon, of the person in charge of the animal to which the drug is to be administered; it is signed by a dentist, and bears the words “for dental treatment only” or, if signed by a veterinary surgeon, and bears the words “for animal treatment only”; it indicates the total amount of the drug to be supplied and the dose to be taken or the manner of its application or use; and it has not previously been fully dispensed. the number of times it may be dispensed; and the intervals at which it may be dispensed, and shall in that case, be fully dispensed if the drug prescribed has been supplied the stated number of times. if the drug is supplied, whether personally or on a signed order, to a medical practitioner, dentist, veterinary surgeon, pharmacist or licensed pharmacy for the purpose of being subsequently dispensed or supplied or used for purposes of scientific education or research; or if the drug is supplied from the dispensing department of an approved institution in accordance with regulations made by the Minister in that behalf.

Section 20

§ 21Special provisions relating to classified drugs - Action to be taken in relation to prescriptionProvision

Suppliers must record the date supplied and their name and address on prescriptions; if a prescription is fully dispensed the supplier must retain it and keep it on the dispensing premises for two years, available for inspection.

Section Action to be taken in relation to prescription Section Where a classified drug is supplied under a prescription— the person supplying the drug shall enter on the prescription in indelible writing the date on which it is supplied and the name and address of the supplier; if the prescription is fully dispensed, it shall be retained by the supplier and, for two years thereafter, shall be kept on the premises at which it was dispensed in such a manner as to be readily available for inspection.

Section 21

§ 22Special provisions relating to classified drugs - Classified drugs to be supplied to responsible personsProvision

A pharmacist or licensed pharmacy must not supply a class A or B drug to a person who is not reasonably believed by the supplier to be a person to whom the drug may properly be supplied.

Section Classified drugs to be supplied to responsible persons Section A pharmacist or licensed pharmacy shall not supply a class A or B drug to a person who is not reasonably believed by the supplier to be a person to whom the drug may properly be supplied.

Section 22

§ 23Special provisions relating to classified drugs - Supply to conform to prescriptionProvision

No person must not supply a classified drug that does not conform to the prescription or order under which it is supplied.

Section Supply to conform to prescription Section No person shall supply any classified drug which does not conform to the prescription or order under which it is supplied.

Section 23

§ 24Special provisions relating to classified drugs - Classified Drugs BookOffence

Suppliers of class A, B or C Group II drugs must record specified particulars in a Classified Drugs Book and keep prescribed records; sellers must obtain and verify signed orders in some sales and retain records for two years; contravention is an offence with fines or imprisonment.

Section Classified Drugs Book Section Subject to subsection (3), before any person supplies class A, B or C Group II drugs, he or she shall enter or cause to be entered in the Classified Drugs Book the following particulars— Where any classified drug is sold in the presence of an agent or servant of the person by whom it is to be used or where sale is effected by post, the following provisions shall apply— before the sale is completed, the seller shall obtain an order in writing, signed by the purchaser showing— Every person who supplies class A, B or C Group II drugs shall keep in all premises from which the drugs are supplied by him or her a book of the prescribed description to be known as the Classified Drugs Book. the name and quantity of the drug to be supplied; the name and address of the person who requires the drug ; the purpose for which the drug is stated to be required; the signature of the person to whom the drug is delivered; and the date of the delivery. the purchaser’s name, address and occupation; the name and the quantity of drug to be purchased; and the purpose for which it is required, before the sale is completed, the seller shall satisfy himself or herself that the signature on the order is that of the person by whom it is supposed to be signed and that that person carries on the occupation stated in that order, being an occupation for which the drug is properly required; the requirements of subsection (2) as to the making of entries in the Classified Drugs Book shall be complied with except that in place of the signature of the person to whom the drug is delivered, it shall be sufficient to record “signed order” giving a reference by which the particular signed order may be readily identified; all signed orders and prescribed records of transactions to which this subsection applies shall be retained on the premises where the sales were made for two years. Any person who contravenes any of the provisions of this section commits an offence and is liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or to both.

Section 24

§ 25Special provisions relating to classified drugs - Containers and labelsProvision

No person shall supply any classified or restricted drug unless the drug is in a container of the prescribed description and the container bears a label giving the prescribed particulars of its contents.

Section Containers and labels Section No person shall supply any classified or restricted drug unless— the drug is in a container of the prescribed description; and the container bears a label giving the prescribed particulars of its contents.

Section 25

§ 26Special provisions relating to classified drugs - ***Repeal

Section 26 was repealed by section 93 of Act 3 of 2016.

Section *** Section [section 26 repealed by section 93 of Act 3 of 2016 ]

Section 26

§ 27Special provisions relating to classified drugs - Possession of classified drugsOffence

Specified persons (e.g. those in section 14, licensed sellers on registered premises, licensed wholesale dealers on licensed premises, lawful purchasers for the sale purpose, and persons supplied or dispensed drugs by qualified medical professionals or approved institutions) may possess classified drugs; possession otherwise is an offence punishable by a fine up to two million shillings or imprisonment up to five years or both.

Section Possession of classified drugs Section The following persons may be in possession of classified drugs, but to the extent only and subject to the limitations prescribed below — any person specified in section 14 for the purposes of that section; a licensed person or seller of classified drugs, on premises registered under this Act; a wholesale dealer licensed under this Act for the purposes of the licence and on the premises so licensed; any person, institution or department to whom a classified drug has been lawfully sold in accordance with this Act, for the purpose for which the sale was made; any person for whom the classified drug has been lawfully supplied or dispensed by a duly qualified medical practitioner, dentist or veterinary surgeon or by an approved institution . Any person who is in possession of a classified drug otherwise than in accordance with this section commits an offence and is liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or to both.

Section 27

§ 28Special provisions relating to classified drugs - Withdrawal of authorityOffence

The Minister may withdraw a person's authority to obtain or supply narcotics if that person is convicted under the Act and the Minister thinks they should not be allowed to obtain, possess or supply drugs; the withdrawal is by Gazette notice and may follow the authority's recommendation. If the person is a registered/licensed medical practitioner, dentist or qualified veterinary surgeon, the Minister may also direct by Gazette notice that they must not give prescriptions or orders under the Act.

Section Withdrawal of authority Section Where any person authorised to obtain or supply narcotics under this Act is convicted of any offence under this Act, if the Minister is of the opinion that that person ought not to be allowed to obtain, possess or supply drugs, he or she may, acting in accordance with the recommendation of the authority by notice published in the Gazette , withdraw the authority of that person. Where the person whose authority is withdrawn under subsection (1) is a registered or licensed medical practitioner or dentist or a duly qualified veterinary surgeon, the Minister may, by notice published in the Gazette , direct that it shall not be lawful for that person to give prescriptions or orders for the purposes of this Act.

Section 28

§ 29Special provisions relating to classified drugs - ***Repeal

Section 29 has been repealed by section 93 of Act 3 of 2016.

Section *** Section [section 29 repealed by section 93 of Act 3 of 2016 ]

Section 29

§ 30Special provisions relating to classified drugs - Impure drugs not to be suppliedProvision

Any person must not sell or supply drugs, medical appliances or similar articles that are impure, adulterated, unwholesome, not of the quality demanded, not conforming to the authorised pharmacopoeia, or not conforming to the prescription.

Section Impure drugs not to be supplied Section Any person who— sells any drug , medical appliance or similar article which is not of the nature, substance and quality demanded or which, unless otherwise agreed at the time of demand, does not conform to the standards laid down in the authorised pharmacopoeia ; or supplies any drug which is unwholesome or adulterated or which does not conform to the prescription under which it is supplied,

Section 30

§ 31Special provisions relating to classified drugs - Power to call for information as to proprietary drugsProvision

The authority may require a person proposing to sell a proprietary drug at retail to furnish information about the drug, including composition and descriptive matter.

Section Power to call for information as to proprietary drugs Section Where the authority has reason to believe that any person is proposing to sell any proprietary drug by retail or to procure, whether directly or indirectly, its sale by retail, the authority may require that person to furnish to it— details of the composition of the drug ; copies of any descriptive matter published or proposed to be published in relation to the drug ; and any other information that the authority may require. No disclosure of information furnished under this section shall be made without the consent of the person by whom it was furnished.

Section 31

§ 32Special provisions relating to classified drugs - Power to prohibit retail sale of proprietary drugsProvision

The authority may prohibit retail sale of a proprietary drug when, in its opinion, certain specified problems exist (for example unjustified claims, health dangers, composition discrepancies, or misleading descriptive matter).

Section Power to prohibit retail sale of proprietary drugs Section The authority may prohibit the sale by retail of a proprietary drug if, in the opinion of the authority— claims are made for the drug , whether or not in a statement furnished under section 31 , which are unjustified; the use of the drug may endanger the health of the user or there may be other undesirable effects in the use of the drug ; details of the composition of the drug furnished under section 31 differ substantially from those disclosed on an analysis of samples of the drug obtained from retail suppliers; or descriptive matter published in relation to the drug differs substantially from that, whether or not in the same language, contained in copies furnished to the authority in relation to the drug under section 31 .

Section 32

§ 33Special provisions relating to classified drugs - Control of publication of descriptive matterProvision

No person shall publish descriptive matter about a drug that is calculated to lead to its use, subject to listed exceptions.

Section Control of publication of descriptive matter Section Subject to this section, no person shall, by way of advertisement , publish, in whatever manner, in relation to any drug , descriptive matter calculated to lead to the use of that drug — This section shall not apply to the publication of descriptive matter — for prevention or treatment of any disease specified in the Fifth Schedule to this Act; for the purpose of termination or influencing the course of human pregnancy; or for any purpose relating to enhancing human potency. Subject to this section, the authority may, with the approval of the Minister , serve on any person a notice prohibiting him or her from publishing in relation to any drug descriptive matter referred to in the notice. by direction of the Minister ; in a document intended for persons whose profession or employment calls for a knowledge either of drugs generally or of drugs of the description to which the matter in question relates; or for the purposes of an application for the grant of a patent.

Section 33

§ 34Special provisions relating to classified drugs - Return of details of pharmacy businessCommencement

Persons running a pharmacy must send prescribed returns to the authority within 21 days of starting and annually in January, and must notify the authority within 21 days of any change to previously submitted particulars.

Section Return of details of pharmacy business Section Every person carrying on a pharmacy business on any premises shall, within twenty-one days after the commencement by him or her of that business on those premises and annually in the month of January thereafter, send to the authority returns in the prescribed manner, stating— the location and postal address of the premises; the name and principal postal address of the person carrying on the business; and the name of the pharmacist supervising the sale of drugs at those premises. If any alteration occurs in the particulars stated in the last return made, the person carrying on the business shall, within twenty-one days of the alteration, send notice in writing to the authority.

Section 34

§ 35Special provisions relating to classified drugs - Drug regulation and registration of specialitiesProvision

The drug authority may examine drugs on application and payment, must set up an approval system for drugs not on the essential list, must keep a register of specialities, may delete entries, and must notify applicants if an application is dismissed.

Section Drug regulation and registration of specialities Section The drug authority — If, on application made in the prescribed manner and on payment of the prescribed fee, the authority is satisfied— may scientifically examine any drug for the purposes of ascertaining efficacy, safety and quality of that drug ; shall institute a system for the approval of drugs or drug combinations not included in the national list of essential drugs. The drug authority shall keep a register of specialities in the prescribed form. that the drug or preparation in respect of which the application is made has not previously been registered; and that the use of the drug or preparation is likely to prove beneficial, Where, on application so made, the authority is not satisfied as aforesaid, it shall notify the applicant that the application is dismissed on the grounds which shall be specified. The authority may direct at any time for the deletion of any drug or preparation from the register . The register shall, at all reasonable times, be open for public inspection on payment of such fee as may be prescribed.

Section 35

§ 36Special provisions relating to classified drugs - Drug qualityProvision

The drug authority must advise the Minister on measures to ensure drug quality; bodies responsible for importation and distribution must carry out those measures.

Section Drug quality Section The drug authority shall advise the Minister on measures to be taken to ensure the quality of drugs imported into or held in stock in the country. The execution of the measures prescribed shall be entrusted to bodies charged with the importation and distribution of drugs. The inspection of drugs and measures prescribed may be delegated to the chief of pharmaceuticals and health supplies or any other person properly qualified in pharmaceuticals and health supplies.

Section 36

§ 37Special provisions relating to classified drugs - Licence required for wholesale supply of restricted drugsProvision

No person may supply restricted drugs by wholesale unless authorised by a licence; the authority may grant licences on application and payment if satisfied of specified eligibility and premises/staffing conditions, and may revoke licences for contraventions or unfitness.

Section Licence required for wholesale supply of restricted drugs Section The authority may, on application made in the prescribed form and upon payment of the prescribed fee, grant a licence for the carrying out of a business of supplying restricted drugs by wholesale, if the authority is satisfied — No person shall carry on a business of supplying restricted drugs by wholesale unless he or she is authorised to carry on that business by a licence granted under this section. that the applicant is a person to whom the licence can properly be granted; that the business will be carried on in separate premises apart from any other business; that the business will be carried on in premises under the immediate supervision of a pharmacist ; in the case of a company, that at least one of the directors is a pharmacist resident in Uganda; and in the case of a partnership, that at least one of the partners is a pharmacist resident in Uganda. A licence granted under this section may include a condition prohibiting or limiting the supply of restricted drugs of a description specified in the condition, and shall be deemed to include a condition prohibiting the supply of any prepared opium or Indian hemp which is prepared for smoking. A licence granted under this section shall be valid for a period specified in the licence; but the authority may revoke the licence if, at any time, it is satisfied that the holder of the licence has contravened any provision of this Act or any condition contained in the licence or has ceased to be fit to carry on the business.

Section 37

§ 38Special provisions relating to classified drugs - Restrictions on manufacture of classified drugsProvision

Persons are prohibited from manufacturing (1) drugs or preparations not on the national formulary unless approved by the authority; (2) specialities unless approved by the authority; and (3) classified drugs unless manufacture is carried out or supervised by a pharmacist. An exception exempts manufacture of preparations listed in the Sixth Schedule if carried out or supervised by a medical practitioner.

Section Restrictions on manufacture of classified drugs Section No person shall manufacture any drug or preparation which is not included on the national formulary unless the drug or preparation is approved by the authority. No person, unless approved by the authority in that behalf, shall manufacture a speciality. No person shall manufacture any classified drug unless the processes of manufacture are carried out or supervised by a pharmacist . Subsection (3) shall not apply to the manufacture of preparations mentioned in the Sixth Schedule to this Act if the processes of manufacture are carried out or supervised by a medical practitioner.

Section 38

§ 39Special provisions relating to classified drugs - Further restrictions on the manufacture of drugsProvision

The Minister may, by statutory instrument, make regulations further limiting who may manufacture drugs and the premises for manufacture; and no person shall manufacture narcotic drugs or psychotropic substances under international control except for medical, dental or veterinary use.

Section Further restrictions on the manufacture of drugs Section The Minister may, by statutory instrument, make regulations further limiting the persons who may manufacture any drug or preparation and the premises in which they may be manufactured, and otherwise controlling their manufacture . No person shall manufacture any narcotic drug or psychotropic substances under international control for purposes other than for medical, dental or veterinary use.

Section 39

§ 40Special provisions relating to classified drugs - Clinical trialsProvision

The authority may issue certificates authorizing persons to carry out clinical trials for specified drugs; no one may conduct a clinical trial on any drug unless they possess such a certificate issued under subsection (1).

Section Clinical trials Section The authority may issue a certificate to any person for the purpose of carrying out clinical trials in respect of a drug that may be specified in the certificate. No person may carry out any clinical trial in respect of any drug unless he or she is in possession of a certificate issued under subsection (1).

Section 40

§ 41Special provisions relating to classified drugs - Local research and productionProvision

The National Drug Authority must encourage research and take appropriate herbal and other medicines into production; and, where economically advantageous and in the interest of developing a national drug industry, the drug authority must encourage and develop national production of essential drugs.

Section Local research and production Section The National Drug Authority shall encourage research by persons carrying on research and development in herbal and other medicines and where appropriate take such medicines into production as a component of the drug supply . Where the drug authority considers it economically advantageous and it is in the interest of the development of a national drug industry, it shall encourage and develop national production of essential drugs.

Section 41

§ 42Special provisions relating to classified drugs - StorageOffence

If restricted or classified drugs are kept on premises they must be kept in accordance with the Seventh Schedule; where an act on the premises breaches an employment duty the employee is deemed to have committed an offence, otherwise the occupier is deemed to have committed an offence; wilfully removing or altering a drug label (or doing another act) may be treated as an offence under subsection (1).

Section Storage Section If an act is done on any premises in contravention of the above subsection then— Where restricted or classified drugs are kept on any premises, they shall be kept in accordance with the Seventh Schedule, but that Schedule shall not apply to drugs supplied to an individual for the treatment of himself or herself or another individual residing with him or her or an animal in his or her possession or control. in a case where the act constitutes a breach of a duty imposed by or under the terms of his or her employment upon a person employed on the premises, that person shall be deemed to have committed an offence; in any other case, the occupier of the premises shall be deemed to have committed an offence. Nothing contained in subsection (2) shall prevent any person who wilfully removes or alters the label on any container, or does any other act, as opposed to an omission, in respect of a restricted drug , from being treated as having committed an offence under subsection (1).

Section 42

Part IX

Miscellaneous provisions

§ 59Miscellaneous provisions - Rational use of drugsProvision

The drug authority must promote rational use of drugs and, in consultation with relevant bodies, develop training, raise public awareness, and disseminate policy information; it may adopt methods and materials effective in other countries.

Section Rational use of drugs Section In the implementation of subsection (1), the drug authority may adopt methods and materials which have proved effective in other countries and shall, among other methods, do the following— The drug authority shall, in the interest of public health and the economical use of resources, and in consultation with the bodies concerned, promote the rational use of drugs both in the private and public sector. develop basic and postgraduate training in the health sector; promote public awareness and knowledge of the proper use of drugs; and disseminate information on the purposes and progress of the national drug policy.

Section 59

§ 60Miscellaneous provisions - Offences and penaltiesRepeal

A person who contravenes this Act commits an offence and, where no punishment is provided, is liable to a fine (up to one million shillings) or imprisonment (up to one year); harsher maximum penalties apply for Class A drugs, certain narcotics under international control, and repeat offences. The court must order reasonable payment to owners when no case is proved for seized items; proceedings under section 35 require the consent of the Director of Public Prosecutions.

Section Offences and penalties Section A person contravening a provision of this Act commits an offence and, where no punishment is provided, is liable— A person who commits an offence under this Act and no other punishment is provided is liable— to a fine not exceeding one million shillings; [paragraph (b) repealed by section 93 of Act 3 of 2016 ] [paragraph (c) repealed by section 93 of Act 3 of 2016 ] to imprisonment not exceeding one year; or to any two of the above punishments, where the offence relates to class A drugs, to a fine not exceeding two million shillings or to a term of imprisonment not exceeding five years or to both; where the offence relates to narcotic drugs or psychotropic substances under international control and is a second or more subsequent offence, to a term of life imprisonment; where the offence relates to manufacturing, smoking or having possession of any narcotic drug or psychotropic substance under international control and is a second or more subsequent offence, to a term not exceeding ten years. Where no case is proved in respect of any drug or article taken from an accused person, the court shall order reasonable payment to the owner in respect of the drug or article which is not returned to him or her in good condition. No proceedings shall be instituted for an offence under section 35 without the consent of the Director of Public Prosecutions.

Section 60

§ 61Miscellaneous provisions - Vicarious criminal responsibilityOffence

If a body corporate commits an act or omission that would be an offence if done by an individual, every director, secretary and manager of the body corporate is deemed to have committed the offence unless they prove lack of consent/connivance and that they exercised all due diligence; similarly, partners in a firm are deemed to have committed an offence committed by a partner unless they prove lack of consent/connivance and due diligence.

Section Vicarious criminal responsibility Section Any act or omission which if done by an individual would be an offence under this Act or any regulations made under it shall, if done by a body corporate, be deemed to be an offence committed by every director, secretary and manager of the body corporate, unless the director, secretary or manager proves that the offence was committed without his or her consent or connivance and that he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances of the case. If an offence under this Act or any regulations made under it is committed by a partner in a firm, every person who at the time of the commission of the offence was a partner in that firm, or was purporting to act in that office, shall be deemed to have committed the like offence unless he or she proves that the offence was committed without his or her consent or connivance and that he or she exercised all such diligence to prevent the commission of the offence as he or she ought to have exercised, having regard to the nature of his or her functions in that capacity and to all the circumstances of the case.

Section 61

§ 62Miscellaneous provisions - EvidenceOffence

Lists types of evidence that may be relevant in proceedings under the Act, including licences, permits or certificates, documents stating results of an analysis carried out for the authority, offences involving restricted drugs in a container, and other offences where container contents are in issue.

Section Evidence Section In any proceedings under this Act— Where, in any proceedings under this Act, a person is charged with— any licence, permit or certificate purporting to have been issued under this Act; or any document purporting to state the results of an analysis carried out on behalf of the authority for the purposes of this Act, the unlawful possession, sale or supply of any restricted drug and the drug is in a container; or any other offence where the contents of a container are in issue in the proceedings,

Section 62

§ 63Miscellaneous provisions - Drugs bureauProvision

Establishes a drugs bureau under the inspector of drugs with duties to keep registers and lists of drugs and toxic substances, to supply information to medical professionals in poisoning emergencies, to require persons to furnish information about drugs, and sets confidentiality for information furnished.

Section Drugs bureau Section The drugs bureau shall— There shall be established a drugs bureau under the office of the inspector of drugs. keep and maintain a register in which shall be entered details of the composition of all drugs registered under section 35 ; keep and maintain a list of all toxic substances, their composition, toxicity and antidotes; supply such information to medical practitioners, dentists or veterinary surgeons in respect of drugs as may be in its possession in emergency cases of poisoning. In order to discharge its functions under this section, the drugs bureau may require any person to give any information in his or her possession or control regarding any drug , and that person shall furnish the information within such period as may be specified by the drugs bureau. Subject to subsection (2)(c), any information furnished to the drugs bureau under subsection (3) shall be kept confidential and shall not be published without the consent of the person furnishing the information.

Section 63

§ 64Miscellaneous provisions - RegulationsProvision

The Minister may, on the advice of the drug authority, by statutory instrument, make regulations generally for better carrying into effect the provisions of this Act.

Section Regulations Section The Minister may, on the advice of the drug authority , by statutory instrument, make regulations generally for better carrying into effect the provisions of this Act— including the period within which all drugs imported— should be labelled and prescribed by their International Nonproprietary Names (INN) or generic names; and but not appearing on the national list of essential drugs or the national formulary may be off the market; prescribing the procedure to be followed at meetings, inquiries and other proceedings of the authority and its committees; prescribing conditions to be inserted in licences or permits granted under this Act, and otherwise prescribing things to be done in relation to such licences or permits; laying down conditions in respect of supplies and issues of drugs by hospitals and the storage of drugs by hospitals and the records to be kept; use of drugs in first-aid boxes notwithstanding any other enactment; prohibiting, regulating or restricting the manufacture , sale or advertising of drugs, pharmaceutical preparations and therapeutic substances; regulating, restricting or prohibiting the importation, sale or advertising of surgical instruments and appliances; regulating and restricting the use of classified drugs for agricultural, horticultural, mining and industrial purposes, and the measures to be taken to protect the persons using such classified drugs, including the types and standards of protective clothing which shall be worn; requiring the registration and treatment of persons addicted to drugs; the registration and operation of authorised persons; prescribing anything which under this Act may be prescribed.

Section 64

§ 65Miscellaneous provisions - Amendment of SchedulesAmendment

The Minister may amend the First through Eighth Schedules to this Act by statutory order after consulting the authority.

Section Amendment of Schedules Section The Minister may, after consulting the authority, by statutory order, amend the First, Second, Third, Fourth, Fifth, Sixth, Seventh and Eighth Schedules to this Act.

Section 65

Part V

Control of transport, import and export of drugs

§ 43Control of transport, import and export of drugs - Transportation of drugsProvision

The Minister may make regulations for controlling the transportation of any drug or class of drugs, on the advice of the drug authority.

Section Transportation of drugs Section The Minister may, on the advice of the drug authority , make regulations for the control of the transportation of any drug or class of drugs.

Section 43

§ 44Control of transport, import and export of drugs - Importation of pharmaceuticalsProvision

Persons or bodies must not import drugs into Uganda without a licence from the drug authority.

Section Importation of pharmaceuticals Section No person or body shall import any drugs into Uganda without having a licence in relation to their import from the drug authority . The licence shall be valid for one year and shall state the range of preparations to be imported during that period.

Section 44

§ 45Control of transport, import and export of drugs - Exportation of drugsProvision

No person or body may export any drug or preparation unless they have a licence from the drug authority; exporters of classified drugs must keep prescribed export records.

Section Exportation of drugs Section No person or body shall export any drug or preparation without having a licence in relation to that export from the drug authority . The licence shall be valid for one year and shall specify the drug to be exported. A person who exports any classified drugs shall keep a record in the prescribed form of all exports.

Section 45

§ 46Control of transport, import and export of drugs - Import and export licencesProvision

The authority may grant permits to import or export classified drugs when an application is in the prescribed form, the prescribed fee is paid, and the authority is satisfied the applicant is suitable.

Section Import and export licences Section The authority may grant a permit for the import or the export of a classified drug if— an application for the permit is made in the prescribed form and the applicant pays the prescribed fee; and the authority is satisfied that the applicant is a person to whom the permit can properly be granted. No permit shall be granted for the import or export of any narcotic drugs or psychotropic substances under international control , other than for medical, dental or veterinary use. A permit granted under this section may be granted generally for the import or export of classified drugs or limited to specified drugs.

Section 46

Part VI

Further restrictions on narcotics

§ 47Further restrictions on narcotics - ***Repeal

Section 47 was repealed by section 93 of Act 3 of 2016.

Section *** Section [section 47 repealed by section 93 of Act 3 of 2016 ]

Section 47

§ 48Further restrictions on narcotics - ***Repeal

Section 48 was repealed by section 93 of Act 3 of 2016.

Section *** Section [section 48 repealed by section 93 of Act 3 of 2016 ]

Section 48

§ 49Further restrictions on narcotics - ***Repeal

section 49 repealed by section 93 of Act 3 of 2016

Section *** Section [section 49 repealed by section 93 of Act 3 of 2016 ]

Section 49

Part VII

Powers of entry and investigation

§ 50Powers of entry and investigation - Powers of entryOffence

Inspections: inspectors or assistant inspectors of drugs may enter premises or vehicles in specified circumstances; senior police officers may also enter or detain and enter in suspected-offence situations.

Section Powers of entry Section An inspector or assistant inspector of drugs may enter— at all reasonable times, any premises in respect of which a certificate issued under this Act is in force or on which any person is required to carry out any functions imposed under this Act; at any time, any premises on or in relation to which he or she has reasonable cause to suspect that an offence under this Act has been or is being committed; at any reasonable time, any premises on which a business relating to the manufacture or supply of narcotic drugs is carried on; at any time, any vehicle or vessel which he or she reasonably suspects is being or is about to be used in the commission of an offence under this Act. Any police officer not below the rank of assistant superintendent may enter, at any reasonable time, any premises or detain and enter any vehicle or vessel on or in relation to which he or she has reasonable cause to suspect that an offence under this Act has been or is being committed.

Section 50

§ 51Powers of entry and investigation - Powers of investigationCommencement

Empowered inspectors and certain police officers may enter, inspect, require information and take away drugs or records; where a drug is taken away the inspecting officer must tender reasonable payment except in specified cases (including suspicion of unfitness or anticipated proceedings), with payment required if analysis shows fitness or if proceedings are not commenced within six months.

Section Powers of investigation Section A drug inspector, assistant inspector of drugs or police officer of the rank of assistant superintendent empowered under this Act to enter any premises, vehicle or any other means of transport may— Where a drug is taken away pursuant to this section, reasonable payment thereof shall be tendered by the inspecting officer , but— inspect the premises, vehicle or vessel and any articles found in the premises, vehicle or vessel; require any person on or in the premises, vehicle or vessel to furnish any information in his or her possession as to the activities carried on or in the premises and the person by whom they are carried on or the purposes for which the vehicle or vessel is being used; take away any drug or records and other documents found on or in the premises, vehicle or vessel. no payment need be tendered in respect of a drug if the inspecting officer reasonably suspects that the drug is unfit for its purpose by reason of deterioration, impurity, adulteration or other defect; but if the drug is later found on analysis not to be so unfit, reasonable payment shall be tendered by the inspecting officer in respect of the drug which is not returned to its owner in good condition; no payment shall be made in respect of a drug if the inspecting officer anticipates that proceedings for an offence under this Act will be brought in respect of the drug ; but if the proceedings are not commenced within six months, reasonable payment shall be tendered by the inspecting officer in respect of the drug which is not returned to its owner in good condition.

Section 51

§ 52Powers of entry and investigation - Authority to be shownProvision

An inspecting officer exercising powers under the Act must, on demand, produce a duly authenticated document showing that they are entitled to exercise those powers.

Section Authority to be shown Section An inspecting officer exercising any powers conferred by this Act shall produce on demand a duly authenticated document showing that he or she is entitled to exercise those powers.

Section 52

§ 53Powers of entry and investigation - ObstructionProvision

No person must not obstruct an inspecting officer exercising powers under this Part and must comply with any requirement made by that officer in exercise of those powers.

Section Obstruction Section No person shall obstruct an inspecting officer exercising powers under this Part of this Act or fail to comply with a requirement made by him or her in exercise of those powers.

Section 53

Part VIII

The secretariat and financial provisions

§ 54The secretariat and financial provisions - SecretariatProvision

The statute establishes a secretariat headed by a secretary appointed by the drug authority, assigns the secretariat responsibility for day-to-day operations, gives the secretary custody of the seal and responsibility for minutes and records, allows the drug authority to determine other officers, and exempts employees from personal liability for acts done in good faith.

Section Secretariat Section In addition to any other functions that may be conferred upon him or her by the drug authority , the secretary shall— The drug authority shall have a secretariat which shall be responsible for the day-to-day operations of the drug authority . The secretariat shall be headed by the secretary to the drug authority who shall be appointed by the drug authority on terms and conditions that the drug authority may determine. have custody of the seal of the drug authority ; be responsible for taking the minutes of the drug authority and the commission and for keeping the records of the transactions of the drug authority . There shall be other officers and employees of the drug authority as the drug authority may determine. An employee of the drug authority shall not, in his or her personal capacity, be liable to any civil or criminal proceedings in respect of any act done or omission made in good faith in the performance of his or her duties under this Act.

Section 54

§ 55The secretariat and financial provisions - Funds of the drug authorityProvision

The provision lists the sources that make up the drug authority's funds and requires the drug authority to have a bank account in an approved bank.

Section Funds of the drug authority Section The funds of the drug authority shall consist of— grants from the Government; grants and loans from any body, organisation or person; interest on savings made by the drug authority ; money that may accrue to the drug authority in the discharge of its functions; and money from any other source as may be approved by the Minister . The drug authority shall possess a bank account in a bank approved by it.

Section 55

§ 56The secretariat and financial provisions - EstimatesCommencement

The drug authority must prepare and submit annual estimates within three months before each financial year; it may submit supplementary estimates before year-end; the Minister must notify the drug authority of the decision within one month; no expenditure may be made from the drug authority's funds unless approved by the Minister in the estimates or supplementary estimates.

Section Estimates Section The drug authority shall, within three months before the commencement of each financial year, prepare and submit to the Minister , estimates and expenditure for the drug authority for the next ensuing year; and any time before the end of a financial year, the drug authority may prepare and submit to the Minister for approval any estimates supplementary to the estimates of a current year. The Minister shall notify the drug authority of his or her decision on the estimates submitted to him or her within one month of the submission of the estimates. No expenditure shall be made out of the funds of the drug authority unless that expenditure is part of the expenditure approved by the Minister under the estimates for the financial year in which the expenditure is to be incurred or in supplementary estimates for that year.

Section 56

§ 57The secretariat and financial provisions - AccountsProvision

The drug authority must prepare annual statements of account and keep proper books and records, subject to directions and requirements by the Minister responsible for finance.

Section Accounts Section Subject to any direction given by the Minister responsible for finance, the drug authority shall cause to be prepared in respect of each financial year, a statement of account which shall include— The drug authority shall keep proper books of account of all its income and expenditure and proper records in relation to those accounts. a balance sheet, a statement of income and expenditure and a statement of surplus and deficit; and any other information in respect of the financial affairs of the drug authority as the Minister responsible for finance may require.

Section 57

§ 58The secretariat and financial provisions - AuditsProvision

Section Audits Section The accounts of the drug authority shall, in respect of each financial year, be audited by the Auditor General or an auditor appointed by him or her. The drug authority shall ensure that within four months after the end of the financial year a statement of account is submitted to the Auditor General for auditing. The Auditor General and any auditor appointed by him or her shall have access to all books of account, vouchers and other financial records of the drug authority and be entitled to have any information and explanation required by him or her in relation to those records. The Auditor General shall, within two months after receipt of statements of accounts under this section, audit the accounts and deliver to the drug authority and the Minister a copy of the audited accounts and his or her report on those accounts.

Section 58

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Public Prosecutions. Section Offences and penalties Section A person contravening a provision of this Act
Section 60
Schedules The Minister may amend the First through Eighth Schedules to this Act
Section 65

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