THE DRUGS AND COSMETICS ACT, 1940

ACT NO. 23 OF 1940 · Enacted [10th April, 1940.] · 89 sections

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.

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.

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.

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

Section 33-O.Power to amend First Schedule.

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 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.

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.