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