Bare Acts

The Drugs and Cosmetics Act, 1940

An Act to regulate the import, manufacture, distribution and sale of drugs and cosmetics.

ओषधि और प्रसाधन सामग्री अधिनियम,1940

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Act Details

Act Number:

Act Year:

1940

Location:

Enactment Date:

4/10/1940

Enforcement Date:

10-04-1940

Ministry:

Ministry of Health and Family Welfare

Department:

Department of Health and Family Welfare

All Section List (Drugs and Cosmetics Act)

INTRODUCTORY

Section 1 to Section 4

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.

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

Section 5 to Section 7A

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

IMPORT OF DRUGS AND COSMETICS

Section 8 to Section 15

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.

MANUFACTURE. SALE AND DISTRIBUTSION OF DRUGS AND COSMETICS

Section 16 to Section 33A

Section 16

Standards of quality.

Section 17

Section 17A

Section 17B

Section 17C

Section 17D

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

Powers 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 offences.

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.

PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS

Section 33B to Section 33O

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 informantion.

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

MISCELLANEOUS

Section 33P to Section 38

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.