Drugs and Cosmetics Act, 1940 Drugs and Cosmetics Act, 1940 Drugs and Cosmetics Act, 1940
 
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Drugs and Cosmetics Act, 1940

 

Sections

Drugs and Cosmetics Act, 1940

 

Preamble

   
  CHAPTER I: INTRODUCTORY
1.

Short title, extent and commencement

2.

Application of other laws not barred

3.

Definitions

3A.

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

4.

Presumption as to poisonous substances

   
  CHAPTER II: THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE DRUGS CONSULTATIVE COMMITTEE
5.

The Drugs Technical Advisory Board

6.

The Central Drugs Laboratory

7.

The Drugs Consultative Committee

7A.

Section 5 and 7 not to apply to Ayurvedic, Siddha or Unani drug

   
  CHAPTER III: IMPORT OF DRUGS AND COSMETICS
8.

Standards of quality

9.

Misbranded drugs

9A.

Adulterated drugs

9B.

Spurious drugs

9C.

Misbranded cosmetics

9D.

Spurious cosmetics

10.

Prohibition of import of certain drugs or cosmetics

10A.

Power of Central Government to prohibit import of drugs and cosmetics in public interest

11. Application of law relating to sea customs and powers of Customs offices
12.

Power of Central Government to make rules

13.

Offences

14.

Confiscation

15.

Jurisdiction

   
  CHAPTER IV : MANUFACTURE, SALE AND DISTRIBUTION OF 6DRUGS AND COSMETICS
16.

Standards of quality

17.

Misbranded drugs

17A.

Adulterated drugs

17B.

Spurious drugs

17C.

Misbranded cosmetics

17D.

Spurious cosmetics

18.

Prohibition of manufacture and sale of certain drugs and cosmetics

18A.

Disclosure of the name of the manufacturer, etc.

18B.

Maintenance of records and furnishing of information

19.

Pleas

20.

Government Analysis

21.

Inspectors

22.

Powers of Inspectors

23.

Procedure of Inspectors

24.

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

25.

Reports of Government Analysts

26.

Purchase of drug or cosmetic enabled to obtain test or analysis

26A.

Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest

27.

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

27A. Penalty for manufacture, sale etc., of cosmetics in contravention of this Chapter
28.

Penalty for non-disclosure of the name of the manufacturer, etc.

28A.

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

28B.

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

29.

Penalty for use of Government Analyst’s report for advertising

30.

Penalty for subsequent offences

31.

Confiscation

31A.

Application of provisions to Government departments

32.

Cognizance of offences

32A.

Power of Court to implead the manufacturer, etc

33.

Power of Central Government to make rules

33A.

Chapter not to apply to Ayurvedic; Siddha or Unani drugs

 

 

CHAPTER IVA : PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS

33B.

Application of Chapter IVA

33C. Ayurvedic and Unani Drugs Technical Advisory Board
33D.

The Ayurvedic, Siddha and Unani Drugs Consultative Committee

33E.

Misbranded drugs

33EE.

Adulterated drugs

33EEA.

Spurious drugs

33EEB.

Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs

33EEC.

Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs

33EED.

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

33F.

Government Analysts

33G.

Inspectors

33H.

Application of provisions of sections 22, 23, 24 and 25

33-I.

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

33J.

Penalty for subsequent offences

33K.

Confiscation

33L.

Application of provisions to Government departments

33M.

Cognizance of offences

33N.

Power of Central Government to make rules

33O.

Power to amend First Schedule

 

 

CHAPTER V : MISCELLANEOUS

33P.

Power to give directions

34.

Offences by companies

34A.

Offences by Government departments

34AA.

Penalty for vexatious search or seizure

35.

Publication of sentences passed under this Act

36.

Magistrate’s power to impose enhanced penalties

36A.

Certain offences to be tried summarily

37.

Protection of action taken in good faith

38.

Rules to be laid before Parliament

   
 

THE FIRST SCHEDULE

 

THE SECOND SCHEDULE : STANDARDS TO BE COMPLIED WITH BY IMPORTED DRUGS AND BY DRUGS MANUFACTURED FOR SALE, SOLD, STOCKED OR EXHIBITED FOR SALE OR DISTRIBUTED

 

Drugs and Cosmetics Act, 1940

 

 

 

 

 

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