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: -
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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 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 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
Section 12 Power of Central Government to make rules
CHAPTER IV MANUFACTURE, SALE AND DISTRIBUTSION OF DRUGS AND COSMETICS
Section 16 Standards of quality
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 20 Government Analysts
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 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 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 33EE Adulterated 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 33F Government Analysts
Section 33H Application of provisions of sections 22, 23, 24 and 25
Section 33J Penalty for subsequent offences
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 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
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