Section 2 of the Drugs and Cosmetics Act, 1940 - Application of Other Laws Not Barred

Section 2 makes the Drugs and Cosmetics Act, 1940 cumulative with other applicable laws. Compliance with this Act does not, by itself, displace legal requirements arising under another law that applies to the same subject matter.

Drugs and Cosmetics Act, 1940 | Act No. 23 of 1940 | Chapter I - Introductory

Text of Section 2

2. Application of other laws not barred.
The provisions of this Act shall be in addition to, and not in derogation of, the Dangerous Drugs Act, 1930 (2 of 1930), and any other law for the time being in force.

Meaning and legal effect of Section 2

The expression "in addition to, and not in derogation of" indicates that the Drugs and Cosmetics Act operates alongside other laws that are applicable to the same facts. Section 2 is therefore a non-exclusion provision: the Act does not generally extinguish, override, or make inapplicable another law merely because the same drug, cosmetic, conduct, transaction, or regulatory activity is also governed by this Act.

The words "any other law for the time being in force" are important. They preserve the operation of other currently applicable enactments according to their own scope and conditions. Whether another statute applies in a particular case depends on the subject matter, the regulated activity, and the provisions of that statute.

Reference to the Dangerous Drugs Act, 1930

Current-law note: Section 2 still contains an express textual reference to the Dangerous Drugs Act, 1930. However, that Act was repealed by Section 82(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Section 80 of the NDPS Act, in turn, expressly provides that the NDPS Act and its rules operate in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 and its rules.

Accordingly, the reference to the Dangerous Drugs Act should be read with the later legislative position in mind. The statutory text of Section 2 has been reproduced above without silently substituting the NDPS Act for the legislation named by Parliament in Section 2.

Why Section 2 matters

A product or activity can attract more than one regulatory statute. For example, where the facts fall within both the Drugs and Cosmetics Act and another applicable enactment, Section 2 prevents an assumption that regulation under the Drugs and Cosmetics Act alone excludes the other law. The precise obligations, offences, procedures, licences, restrictions, and consequences must still be determined from the relevant provisions of each applicable enactment.

Related provisions

Section 1 - Short title, extent and commencement introduces the Act, while Section 3 - Definitions defines important expressions used throughout the Act.