Saturday, July 25, 2009

Section 11(Provincial Quality Control Board)

(1) Each Provincial Government shall set up a Provincial Quality Control Board consisting (3f such members, including a Chairman, as that Government may appoint from time to time.

(2) The Chairman and other members of the Provincial Quality Control Board shall hold office during the pleasure of the Provincial Government, on such terms and conditions as that Government may determine.

(3) 'The provincial Government shall appoint a person to be the Secretary of the Provincial Quality Control Board and provide the Board with such staff as the Provincial Government may consider necessary.

(4)The Provincial Quality Board shall, [with the approval of the Provincial Government and by notification in the official gazette,] make regulations to regulate the conduct of its business.

(5) The following shall be the powers and functions of the Provincial Quality Control Board, namely:--

(a) to inspect any premises where any drug is being or is to be, manufactured or sold and to recommend to the appropriate authority the cancellation or suspension of the licence to manufacture or sell drugs granted to any person who is found to be contravening, or to have contravened, any of the provisions of this Act, or the rules;

(b) to scrutinize the reports of Provincial Inspectors in respect of contraventions of this Act and 'reports of the Government Analysts in respect of drugs Sent to them by the Provincial Inspectors for test and analysis and issue instructions to the Inspectors to the action to be taken on such reports: Provided that the Provincial Quality Control Board may specify the class of cases in which a Provincial Inspector may make a complaint to the Drug Court, or take any other action, without the specific instructions of the Board;

(c) to exercise all the powers of an Inspector under this Act and the rules;

(d) to advise the Provincial Government on ways and means to ensure quality control of drugs manufactured in the Province;

[(e) to ascertain the names of such directors, partners and employees of the company, corporation, firms or institution who are prima facie responsible for the commission of any offence under this Act or the rules and allow an inspector to institute prosecution only against such persons;

(f) to conduct annual validation of all instruments in the provincial drug testing laboratories and to recommend measures to upgrade such laboratories, if required;

(g) identify and accredit on payment of fee other laboratories in the Province with suitable facilities and expertise;

(h) to conduct training programs to update Government Analysts and for improving their knowledge according to latest analytical method and technology; and

(i) to submit a monthly report of decisions and activities to the Federal Government. ]

(6) The Provincial Quality Control Board may entrust any of its powers or functions under sub-section (5) to any one or more of its members.

[11A. Conflict of interest. - No person who is a member of the Appellate Board, Central Licensing Board, a Provincial Quality Board, the Registration Board or a member of Expert Committee shall be a member of the any other board or committee of which he is a member to avoid any conflict of interest.]

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