DRUGS AND COSMETICS ACT, 1940 FOR MEDICINE

SECTIONS OF THE DRUGS AND COSMETICS ACT, 1940 FOR MEDICINE

ARRANGEMENT OF SECTIONS
CHAPTER I
INTRODUCTORY
SECTIONS
1.Short title, extent and commencement.
2.Application of other laws is 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
5The Drugs Technical Advisory Board.
6The Central Drugs Laboratory.
7The Drugs Consultative Committee.
7 A .Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs.
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 the import of drugs and cosmetics in
public interest.
11.Application of law relating to sea customs and powers of Customs officers.
12.Power of Central Government to make rules.
13.Offences.
14.Confiscation.
15.Jurisdiction
CHAPTER IV
MANUFACTURE. SALE AND DISTRIBUTSION OF DRUGS AND COSMETICS
SECTIONS
16.Standards of quality.
17.Misbranded drugs.
17A.Adulterated drugs.
17B.Spurious drugs.
17C.Misbranded cosmetics.
17D.Spurious cosmetics.
17E.Adulterated 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 Analysts.
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.Purchaser of drug or cosmetic enabled to obtain test or analysis.
26A.Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of
drug and cosmetic in public interest.
26B.Powers of Central Government to regulate or restrict, manufacture, etc., of drug 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.
32B.Compounding of certain offences.
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.SECTIONS
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.
33HApplication 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.
33KA.Disclosure of name of manufacturer, etc.
33KB.Maintenance of records and furnishing of informantion.
33L.Application of provisions to Government departments.
33M.Cognizance of offences.
33N.Power of Central Government to make rules.
33-O.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.
36AB.Special Courts.
36AC.Offences to be cognizable and non-bailable in certain cases.
36AD.Application of Code of Criminal Procedure, 1973 to proceedings before special Court.
36AE.Appeal and revision
37.Protection of action taken in good faith.
38.Rules to be laid before Parliament.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.

 

About Abha Maurya

Abha is the Author of pharmaceutical guidance, she is a pharmaceutical professional having more than 22 years of rich experience in the pharmaceutical field. During her career, she works in the quality assurance department with multinational companies i.e Zydus Cadila Ltd, Unichem Laboratories Ltd, and Indoco remedies Ltd. During his experience, she faces many regulatorily audits i.e. USFDA, MHRA, ANVISA, MCC, TGA, EU –GMP, WHO –Geneva, ISO 9001-2008, and many ROW Regularities Audit i.e.Uganda, Kenya, Tanzania, Zimbabwe. She is currently leading a regulatory pharmaceutical company as a Head Quality. You can join him by Email, Facebook, Google+, Twitter, and YouTube

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