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The Drugs and Cosmetics Act, 1940

Central

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

Act number
23 of 1940
Ministry
Ministry of Health and Family Welfare
Department
Department of Health and Family Welfare
Enacted
10 Apr 1940
In force from
10 Apr 1940

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

90 sections

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