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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 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 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

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:-



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