(1) This Act may be called the Drugs 1[and Cosmetics] Act, 1940.
(2) It extends to the whole of India 2* * *.
(3) It shall come into force at once; but Chapter III shall take effect only from such date6 as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and Chapter IV shall take effect in a particular State only from such date3 as the State Government may, by like notification, appoint in this behalf :
4[Provided that in relation to the State of Jammu and Kashmir*, Chapter III shall take effect only from such date5 after the commencement of the Drugs and Cosmetics (Amendment) Act, 1972 (19 of 1972), as the Central Government may, by notification in the Official Gazette, appoint in this behalf.]
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1. Ins. by Act 21 of 1962, s. 3 (w.e.f. 27-7-1964).
2. The words "except the State of Jammu and Kashmir" omitted by Act 19 of 1972, s. 2.
3. 1st April, 1947; see notification No. F. 28(10) (3) 45H(I), dated the 2nd September, 1946, Gazette of India, 1946, Pt. I, p. 1349.
Ch. IV came into force in the States of Delhi. Ajmer and Coorg on the 1st April, 1947, see ibid., Chs. III and IV came into force in the States of H.P., Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur on the 1st April, 1953, vide notification No. S.R.O. 663, dated the 30th March, 1953, Gazette of India, Pt II, Sec. 3, p. 451.
Ch. IV came into force in the Union territory of Dadra and Nagar Haveli w.e.f. 1st August, 1968, see notification. No. ADM/Law/117(74), dated the 20th July, 1968, Gazette of India, PT. III, Sec. 3, p. 128.
The Act is extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; to Pondicherry by Reg. 7 of 1963, s. 3 and the Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
4. Added by Act 19 of 1972, s. 2.
5. 24th August, 1974, vide notification. No. S.O. 2185, dated the 9th August, 1974, Gazette of India, 1974, Pt. II, Sec. 3 (ii), p. 2331.
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
Section 1 Short title, extent and commencement
Section 2 Application of other laws not barred
Section 4 Presumption as to poisonous substances
Section 5 The Drugs Technical Advisory Board
Section 6 The Central Drugs Laboratory
Section 7 The Drugs Consultative Committee
Section 7A Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs
Section 8 Standards of quality
Section 9C Misbranded cosmetics
Section 10 Prohibition of import of certain drugs or cosmetics
Section 10A Power of Central Government to prohibit import of drugs and cosmetics in public interest
Section 11 Application of law relating to sea customs and powers of Customs officers