THE DRUGS AND COSMETICS ACT, 1940 [Act, No. 23 of 1940]1 [10th April, 1940] PREAMBLE An Act to regulate the import, manufacture, distribution and sale of drugs2[and cosmetics]. WHEREAS it is expedient to regulate the3[import, manufacture, distribution and sale] of drugs2[and cosmetics]; AND WHEREAS the Legislatures of all the Provinces have passed resolutions in terms of section 103 of the Government of India Act, 1935 in relation to such of the above-mentioned matters and matters ancillary thereto as are enumerated in List II of the Seventh Schedule to the said Act; It is hereby enacted as follows:-- ________________________ 1. For Statement of Objects and Reasons, see Gazette of India, 1940, Pt. V, p. 34; for the Report of the Select Committee, see Gazette of India, 1940, Pt. V. p. 143. The Act has been applied to all the partially excluded areas in the State of Orissa, see Orissa Government Notification No. 3358-LSG, dated 25th August, 1941. 2. Inserted by Act 21 of 1962, Section 2 (w.e.f. 27-7-1964). 3. Substituted by the A.O. 1950, for certain words.
View Complete Act List Judgments citing this sectionThe provisions of this Act shall be in addition to, and not in derogation of, the Dangerous Drugs Act, 1930 (2 of 1930), and any other law for the time being in force.
View Complete Act List Judgments citing this section1[3A. Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir Any reference in this Act to any law which is not in force, or any functionary not in existence, in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State.] _______________________ 1. Inserted by Act 19 of 1972, Section 4 (w.e.f. 31-5-1972).
View Complete Act List Judgments citing this sectionAny substance specified as poisonous by rule made under Chapter III or Chapter IV1[or Chapter IVA] shall be deemed to be a poisonous substance for the purposes of Chapter III or Chapter IV1[or Chapter IVA], as the case may be. _______________________ 1. Inserted by Act 13 of 1964, Section 3 (w.e.f. 15-9-1964).
View Complete Act List Judgments citing this section1[7A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs Nothing contained in sections 5 and 7 shall apply to2[Ayurvedic, Siddha or Unani] drugs.] _______________________ 1. Inserted by Act 13 of 1964, Section 6 (w.e.f. 15-9-1964). 2. Substituted by Act 68 of 1982, Section 2, for "Ayurvedic (including Sidha) or Unani" (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this sectionCHAPTER III 1[IMPORT OF DRUGS AND COSMETICS] _______________________ 1. Substituted by Act 68 of 1982, Section 4, for the heading under "IMPORT OF DRUGS" (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this section1[9. Misbranded drugs For the purposes of this Chapter, a drug shall be deemed to be misbranded,-- (a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or (b) if it is not labelled in the prescribed manner; or (c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.] _______________________ 1. Substituted by Act 68 of 1982, Section 5, for section 9 (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this section1[9A. Adulterated drugs For the purposes of this Chapter, a drug shall be deemed to be adulterated,-- (a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) if its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or (e) if it contains any harmful or toxic substance which may render it injurious to health; or (f) if any substance has been mixed therewith so as to reduce its quality or strength.] _______________________ 1. Section 9A Inserted by Act 21 of 1962, Section 7 and Substituted by Act 68 of 1982, Section 6 (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this section1[9B. Spurious drugs For the purposes of this Chapter, a drug shall be deemed to be spurious,-- (a) if it is imported under a name which belongs to another drug; or (b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or (c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or (d) if it has been substituted wholly or in part by another drug or substance; or (e) if it purports to be the product of a manufacturer of whom it is not truly a product.] _______________________ 1. Section 9B Inserted by Act 13 of 1964, Section 8 (w.e.f. 15-9-1964) and Substituted by Act 68 of 1982, Section 6 (w.e.f. 1-2-1983).
View Complete Act List Judgments citing this section1[9C. Misbranded cosmetics For the purposes of this Chapter, a cosmetic shall be deemed to be misbranded-- (a) if it contains a colour which is not prescribed; or (b) if it is not labelled in the prescribed manner; or (c) if the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular.] _______________________ 1. Inserted by Act 68 of 1982. Section 6 (w.e.f. 1-2-1983).
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