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Drugs and Cosmetics Act, 1940


[Act No. 23 of 1940]1

Contents

Sections

Particulars

Chapter I

Introductory

1
Short title, extent and commencement
2
Application of other laws not barred
3
Definitions
3A
Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir
4
Presumption as to poisonous substances

Chapter II

The Drugs Technical Advisory Board, The Central Drugs Laboratory And The Drugs Consultative Committee

5
The Drugs Technical Advisory Board
6
The Central Drugs Laboratory
7
The Drugs Consultative Committee
7A
Section 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs

Chapter III

Import Of Drugs And Cosmetics

8
Standards of quality
9
Misbranded drugs
9A
Adulterated drugs
9B
Spurious drugs
9C
Misbranded cosmetics
9D
Spurious cosmetics
10
Prohibition of import of certain drugs or cosmetics
10A
Power of Central Government to prohibit import of drugs and cosmetics in public interest
11
Application of law relating to sea customs and powers of Customs offices
12
Power of Central Government to make rules
13
Offences
14
Confiscation
15
Jurisdiction

Chapter IV

Manufacture, Sale And Distribution Of 69[Drugs And Cosmetics]

16
Standards of quality
17
Misbranded drugs
17A
Adulterated drugs
17B
Spurious drugs
17C
Misbranded cosmetics
17D
Spurious cosmetics
18
Prohibition of manufacture and sale of certain drugs and cosmetics
18A
Disclosure of the name of the manufacturer, etc.
18B
Maintenance of records and furnishing of information
19
Pleas
20
Government Analysis
21
Inspectors
22
Powers of Inspectors
23
Procedure of Inspectors
24
Persons bound to disclose place where drugs or cosmetics are manufactured or kept
25
Reports of Government Analysts
26
Purchase of drug or cosmetic enabled to obtain test or analysis
26A
Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest
27
Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter
27A
Penalty for manufacture, sale etc., of cosmetics in contravention of this Chapter
28
Penalty for non-disclosure of the name of the manufacturer, etc.
28A
Penalty for not keeping documents, etc., and for non-disclosure of information
28B
Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A
29
Penalty for use of Government Analystís report for advertising
30
Penalty for subsequent offences
31
Confiscation
31A
Application of provisions to Government departments
32
Cognizance of offences
32A
Power of Court to implead the manufacturer, etc.
33
Power of Central Government to make rules
33A
Chapter not to apply to Ayurvedic; Siddha or Unani drugs

Chapter IVA

Provisions Relating To 10[ Ayurvedic, Siddha And Unani ] Drugs

33B
Application of Chapter IVA
33C
Ayurvedic and Unani Drugs Technical Advisory Board
33D
The Ayurvedic, Siddha and Unani Drugs Consultative Committee
33E
Misbranded drugs
33EE
Adulterated drugs
33EEA
Spurious drugs
33EEB
Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs
33EEC
Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs
33EED
Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest
33F
Government Analysts
33G
Inspectors
33H
Application of provisions of sections 22, 23, 24 and 25
33I
Penalty for manufacture, sale etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter
33J
Penalty for subsequent offences
33K
Confiscation
33L
Application of provisions to Government departments
33M
Cognizance of offences
33N
Power of Central Government to make rules
33O
Power to amend First Schedule

Chapter V

Miscellaneous

33P
Power to give directions
34
Offences by companies
34A
Offences by Government departments
34AA
Penalty for vexatious search or seizure
35
Publication of sentences passed under this Act
36
Magistrateís power to impose enhanced penalties
36A
Certain offences to be tried summarily
37
Protection of action taken in good faith
38
Rules to be laid before Parliament

 

The First Schedule

 

The Second Schedule

 

Foot Notes

An Act to regulate the import, manufacture, distribution and sale of drugs 2[and cosmetics];

Whereas it is expedient to regulate the 3[import, manufacture, distribution and sale] of drugs 2[and cosmetics]

And whereas the Legislatures of all the Provinces have passed resolutions in terms of section 103 of the Government of India Act, 1935, in relation to such of the above-mentioned matters and matters ancillary thereto as are enumerated in List II of the Seventh Schedule to the said Act;

It is hereby enacted as follows: -



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