Section List

Act Number: 23

Act Name: The Drugs and Cosmetics Act, 1940

Year: 1940

Enactment Date: 1940-04-10

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

Ministry: Ministry of Health and Family Welfare

Department: Department of Health and Family Welfare

Section NumberTitleActions
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.
5 The Drugs Technical Advisory Board.
6 The Central Drugs Laboratory.
7 The Drugs Consultative Committee.
7ASections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs
8Standards of quality.
9Misbranded drugs.
9AAdulterated drugs.
9B Spurious drugs
9CMisbranded cosmetics.
9D Spurious 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.
12 Power of Central Government to make rules.
13Offences
14 Confiscation
15 Jurisdiction.
16Standards of quality.
17Misbranded drugs
17AAdulterated drugs.
17B Spurious 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.
20 Government Analysts.
21Inspectors
22Powers of Inspectors.
23 Procedure 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.
28B Penalty 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.
31 Confiscation.
31AApplication of provisions to Government departments.
32Cognizance of offences.
32A Power of Court to implead the manufacturer, etc.
32BCompounding of certain offences.
33 Power of Central Government to make rules.
33AChapter not to apply to Ayurvedic, Siddha or Unani drugs.
33BApplication of Chapter IVA
33C Ayurvedic and Unani Drugs Technical Advisory Board.
33D The 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.
33N Power of Central Government to make rules.
33-OPower to amend First Schedule
33P Power to give directions.
34Offences by companies.
34AOffences by Government departments.
34AA Penalty for vexatious search or seizure.
35 Publication 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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