Central · Act 23 of 1940

The Drugs and Cosmetics Act, 1940

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

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About this act

Jurisdiction
Central
Enactment date
1940-04-10
Sections available
90

Commencement information from the source

1940-04-10

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1Short title, extent and commencement.→2Application of other laws not barred.→3Definitions.→3AConstruction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir.→4Presumption as to poisonous substances.→5The Drugs Technical Advisory Board.→6The Central Drugs Laboratory.→7The Drugs Consultative Committee.→7ASections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs→8Standards of quality.→9Misbranded drugs.→9AAdulterated drugs.→9BSpurious drugs→9CMisbranded cosmetics.→9DSpurious cosmetics.→10Prohibition of import of certain drugs or cosmetics.→10APower of Central Government to prohibit import of drugs and cosmetics in public interest.→11Application of law relating to sea customs and powers of Customs officers.→12Power of Central Government to make rules.→13Offences→14Confiscation→15Jurisdiction.→16Standards of quality.→17Misbranded drugs→17AAdulterated drugs.→17BSpurious drugs.→17CMisbranded cosmetics→17DSpurious cosmetics.→17EAdulterated cosmetics→18Prohibition of manufacture and sale of certain drugs and cosmetics→18ADisclosure of the name of the manufacturer, etc.→18BMaintenance of records and furnishing of information.→19Pleas.→20Government Analysts.→21Inspectors→22Powers of Inspectors.→23Procedure of Inspectors.→24Persons bound to disclose place where drugs or cosmetics are manufactured or kept.→25Reports of Government Analysts.→26Purchaser of drug or cosmetic enabled to obtain test or analysis.→26APowers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest.→26BPowers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.→27Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.→27APenalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.→28Penalty for non-disclosure of the name of the manufacturer, etc→28APenalty for not keeping documents, etc., and for non-disclosure of information.→28BPenalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A.→29Penalty for use of Government Analyst’s report for advertising.→30Penalty for subsequent offences.→31Confiscation.→31AApplication of provisions to Government departments.→32Cognizance of offences.→32APower of Court to implead the manufacturer, etc.→32BCompounding of certain offences.→33Power of Central Government to make rules.→33AChapter not to apply to Ayurvedic, Siddha or Unani drugs.→33BApplication of Chapter IVA→33CAyurvedic and Unani Drugs Technical Advisory Board.→33DThe Ayurvedic, Siddha and Unani Drugs Consultative Committee→33EMisbranded drugs.→33EEAdulterated drugs→33EEASpurious drugs.→33EEBRegulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs→33EECProhibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs.→33EEDPower of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest.→33FGovernment Analysts→33GInspectors.→33HApplication of provisions of sections 22, 23, 24 and 25.→33-IPenalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter.→33JPenalty for subsequent offences→33KConfiscation→33KADisclosure of name of manufacturer, etc→33KBMaintenance of records and furnishing of informantion.→33LApplication of provisions to Government departments→33MCognizance of offences.→33NPower of Central Government to make rules.→33-OPower to amend First Schedule→33PPower to give directions.→34Offences by companies.→34AOffences by Government departments.→34AAPenalty for vexatious search or seizure.→35Publication of sentences passed under this Act→36Magistrate’s power to impose enhanced penalties.→36ACertain offences to be tried summarily.→36ABSpecial Courts.→36ACOffences to be cognizable and non-bailable in certain cases→36ADApplication of Code of Criminal Procedure, 1973 to proceedings before special Court.→36AEAppeal and revision→37Protection of action taken in good faith.→38Rules to be laid before Parliament.→

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