The Drugs and Cosmetics Act 1940

ACT NO. 23 OF 19401 [10th April, 1940.]

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 (26 Geo. 5, c. 2), 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: -

-

---------------------

1. The Act has been applied to all the partially excluded areas in the State of Orissa, see Orissa Government notification No. 3358-LSG., dated the 25th August, 1941.

2. Ins. by Act 21 of 1962, s.2 (w.e.f. 27-7-1964).

3. Subs. by the A.O. 1950, for certain words.

 

CHAPTER I INTRODUCTORY

Section 1 Short title, extent and commencement

Section 2 Application of other laws not barred

Section 3 Definitions

Section 3A  Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir

Section 4 Presumption as to poisonous substances

 

CHAPTER II THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE DRUGS CONSULTATIVE COMMITTEE

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

 

CHAPTER III IMPORT OF DRUGS AND COSMETICS

Section 8 Standards of quality

Section 9 Misbranded drugs

Section 9A Adulterated drugs

Section 9B Spurious drugs

Section 9C Misbranded cosmetics

Section 9D Spurious 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

Section 12 Power of Central Government to make rules

Section 13 Offences

Section 14 Confiscation

Section 15 Jurisdiction

 

CHAPTER IV MANUFACTURE, SALE AND DISTRIBUTSION OF DRUGS AND COSMETICS

Section 16 Standards of quality

Section 17 Misbranded drugs

Section 17A Adulterated drugs

Section 17B Spurious drugs

Section 17C Misbranded cosmetics

Section 17D Spurious cosmetics

Section 17E Adulterated cosmetics

Section 18 Prohibition of manufacture and sale of certain drugs and cosmetics

Section 18A Disclosure of the name of the manufacturer, etc

Section 18B Maintenance of records and furnishing of information

Section 19 Pleas

Section 20 Government Analysts

Section 21 Inspectors

Section 22 Powers of Inspectors

Section 23 Procedure of Inspectors

Section 24 Persons bound to disclose place where drugs or cosmetics are manufactured or kept

Section 25 Reports of Government Analysts

Section 26 Purchaser of drug or cosmetic enabled to obtain test or analysis

Section 26A Powers of Central Government to [regulate, restrict or prohibit] manufacture, etc., of drug and cosmetic in public interest.

Section 26B Power of Central Government to regulate or restrict, manufacture, etc., of drug in public interest

Section 27 Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter

Section 27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter

Section 28 Penalty for non-disclosure of the name of the manufacturer, etc

Section 28A Penalty for not keeping documents, etc., and for non-disclosure of information

Section 28B Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A

Section 29 Penalty for use of Government Analyst's report for advertising

Section 30 Penalty for subsequent offences

Section 31 Confiscation

Section 31A Application of provisions to Government departments

Section 32 Cognizance of offence

Section 32A Power of Court to implead the manufacturer, etc.

Section 32B Compounding of certain offences

Section 33 Power of Central Government to make rules

Section 33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs

 

CHAPTER IVA PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS

Section 33B Application of Chapter IVA

Section 33C Ayurvedic and Unani Drugs Technical Advisory Board

Section 33D The Ayurvedic, Siddha and Unani Drugs Consultative Committee

Section 33E Misbranded drugs

Section 33EE Adulterated drugs

Section 33EEA Spurious drugs

Section 33EEB Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs

Section 33EEC Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs

Section 33EED Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest

Section 33F Government Analysts

Section 33G Inspectors

Section 33H Application of provisions of sections 22, 23, 24 and 25

Section 33I Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter

Section 33J Penalty for subsequent offences

Section 33K Confiscation

Section 33KA Disclosure of name of manufacturer, etc

Section 33KB Maintenance of records and furnishing of information

Section 33L Application of provisions to Government departments

Section 33M Cognizance of offences

Section 33N Power of Central Government to make rules

Section 33O Power to amend First Schedule

 

CHAPTER V MISCELLANEOUS

Section 33P Power to give directions

Section 34 Offences by companies

Section 34A Offences by Government departments

Section 34AA Penalty for vexatious search or seizure

Section 35 Publication of sentences passed under this Act

Section 36 Magistrate's power to impose enhanced penalties

Section 36A Certain offences to be tried summarily

Section 36AB Special Courts

Section 36AC Offences to be cognizable and non-bailable in certain cases

Section 36AD Application of Code of Criminal Procedure, 1973 to proceedings before Special Court

Section 36AE Appeal and revision

Section 37 Protection of action taken in good faith

Section 38 Rules to be laid before Parliament