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 TechnicalAdvisory Board, The Central Drugs Laboratory And TheDrugs 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 Analyst’s 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 |
Magistrate’s 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
Whereas it is expedient to regulate the [import, manufacture, distribution and sale] of drugs
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:-
