Act 23 of 1940

The Drugs and Cosmetics Act, 1940

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

  • Ministry of Health and Family Welfare
  • Department of Health and Family Welfare
  • Enacted 1940-04-10
  • 90 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Application of other laws not barred. Read
3 Definitions. Read
3A Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir. Read
4 Presumption as to poisonous substances. Read
5 The Drugs Technical Advisory Board. Read
6 The Central Drugs Laboratory. Read
7 The Drugs Consultative Committee. Read
7A Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugsRead
8 Standards of quality.Read
9 Misbranded drugs.Read
9A Adulterated drugs.Read
9B Spurious drugsRead
9C Misbranded cosmetics.Read
9D Spurious cosmetics.Read
10 Prohibition of import of certain drugs or cosmetics.Read
10A Power of Central Government to prohibit import of drugs and cosmetics in public interest.Read
11 Application of law relating to sea customs and powers of Customs officers.Read
12 Power of Central Government to make rules.Read
13 OffencesRead
14 ConfiscationRead
15 Jurisdiction.Read
16 Standards of quality.Read
17 Misbranded drugsRead
17A Adulterated drugs.Read
17B Spurious drugs.Read
17C Misbranded cosmeticsRead
17D Spurious cosmetics.Read
17E Adulterated cosmeticsRead
18 Prohibition of manufacture and sale of certain drugs and cosmeticsRead
18A Disclosure of the name of the manufacturer, etc.Read
18B Maintenance of records and furnishing of information.Read
19 Pleas.Read
20 Government Analysts.Read
21 InspectorsRead
22 Powers of Inspectors.Read
23 Procedure of Inspectors.Read
24 Persons bound to disclose place where drugs or cosmetics are manufactured or kept.Read
25 Reports of Government Analysts.Read
26 Purchaser of drug or cosmetic enabled to obtain test or analysis.Read
26A Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest.Read
26B Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.Read
27 Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.Read
27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.Read
28 Penalty for non-disclosure of the name of the manufacturer, etcRead
28A Penalty for not keeping documents, etc., and for non-disclosure of information.Read
28B Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A.Read
29 Penalty for use of Government Analyst’s report for advertising.Read
30 Penalty for subsequent offences.Read
31 Confiscation.Read
31A Application of provisions to Government departments.Read
32 Cognizance of offences.Read
32A Power of Court to implead the manufacturer, etc.Read
32B Compounding of certain offences. Read
33 Power of Central Government to make rules.Read
33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs.Read
33B Application of Chapter IVARead
33C Ayurvedic and Unani Drugs Technical Advisory Board.Read
33D The Ayurvedic, Siddha and Unani Drugs Consultative CommitteeRead
33E Misbranded drugs.Read
33EE Adulterated drugsRead
33EEA Spurious drugs.Read
33EEB Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugsRead
33EEC Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs.Read
33EED Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest.Read
33F Government AnalystsRead
33G Inspectors.Read
33H Application of provisions of sections 22, 23, 24 and 25.Read
33-I Penalty for manufacture, sale, etc., of Ayurvedic. Siddha or Unani drug in contravention of this ChapterRead
33J Penalty for subsequent offencesRead
33K ConfiscationRead
33KA Disclosure of name of manufacturer, etcRead
33KB Maintenance of records and furnishing of informantion.Read
33L Application of provisions to Government departmentsRead
33M Cognizance of offences.Read
33N Power of Central Government to make rules. Read
33-O Power to amend First ScheduleRead
33P Power to give directions.Read
34 Offences by companies.Read
34A Offences by Government departments.Read
34AA Penalty for vexatious search or seizure.Read
35 Publication of sentences passed under this ActRead
36 Magistrate’s power to impose enhanced penalties. Read
36A Certain offences to be tried summarily.Read
36AB Special Courts.Read
36AC Offences to be cognizable and non-bailable in certain casesRead
36AD Application of Code of Criminal Procedure, 1973 to proceedings before special Court.Read
36AE Appeal and revisionRead
37 Protection of action taken in good faith.Read
38 Rules to be laid before Parliament.Read
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