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Start Free TrialDrugs and Cosmetics Act, 1940 Complete Act
State: Central
Year: 1940
.....of property, apparatus, etc., used for the manufacture of such drugs."-S.O.R., Gazette of India, 11-5-1963, Pt. II, S. 2, Ext., page 465. Act 68 of 1982 The Drugs and Cosmetics Act, 1940, regulates the import into, manufacture, distribution and sale of drugs and cosmetics in the country. The problems of adulteration of drugs and also of production of spurious and sub-standard drugs are posing serious threat to the health of the community. It is, therefore, considered necessary to amend the Drugs and Cosmetics Act, so as to impose more stringent penalties on the anti-social elements indulging in the manufacture or sale of adulterated or spurious drugs or drugs not of standard quality which are likely to cause death or grievous hurt to the user. This opportunity is also being availed of to incorporate certain other provisions on the other aspects of effective control on the manufacture, distribution, sale of drugs and cosmetics on the basis of experience gained in the working of the Act. 2. Some of the important proposals envisaged are set out below:- (1) (a) Widening of the definition of the expression 'cosmetics' so as to bring within its scope 'tiolet soaps' in order.....
List Judgments citing this sectionThe Assam Drugs (Control) Act, 1950 Complete Act
State: Assam
Year: 1950
.....other law in force regulating any of the matters dealt with in this Act. There is a Central Act with similar objects known as the Drugs (Control) Act, 1950 (Act 26 of 1950). The Drugs (Control) Ordinance, 1949 was promulgated in order to ensure that certain essential imported drugs and medicines were sold at reasonable prices. Similar Ordinance were issued by all provinces. The necessity for continuing the control of prices of the essential drugs continued and as such the Central Ordinance was replaced by a Central Act and some provinces also similarly replaced the Ordinances by Acts. The Sates like Bombay, Madhya Pradesh, Madras, Mysore, Orissa, Uttar Pradesh and Assam enacted similar State Acts. The Drugs (and Cosmetics) Act, 1940 was enacted to regulate the import, manufacture, distribution and sale of drugs and the main object of this Act is to prevent sub- standards in drugs. [Chimanlal v. State, AIR 1963 SC 665]. In exercise of the powers conferred by S. 3 of the Essential Commodities Act, 1955, and in supersession of the Drugs Princes (Display and Control) Order, 1956 [which repealed the Drugs (Display of Princes) and Order, 1962 and the Drugs (Control of Princes).....
List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Amending Act 1
Title: Narcotic Drugs and Psychotropic Substances (Amdndment) Act, 2001
State: Central
Year: 1985
.....(AMDNDMENT) ACT, 2001 [Act No. 09 of 2001] [9th May,2001] PREAMBLE An Act further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows: -- 1.Short title and commencement - (1) This Act may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Amendment of section 1- In the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the principal Act), in section 1, in sub-section (2), after the words "whole of India", the following shall be inserted, namely:-- "and it applies also-- (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be". 3. Amendment of section 2 - In section.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Complete Act
Title: Drugs and Cosmetics Act, 1940 (23 of 1940)
State: Central
Year: 1940
.....interest Section11 - Application of law relating to sea customs and powers of Customs Officers Section12 - Power of Central Government to make rules Section13 - Offences Section14 - Confiscation Section15 - Jurisdiction ChapterIV - MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS AND COSMETICS Section16 - Standards of quality Section17 - Misbranded drugs Section17A - Adulterated drugs Section17B - Spurious drugs Section17C - Misbranded cosmetics Section17D - Spurious cosmetics Section17E - Adulteated cosmetics Section18 - Prohibition of manufacture and sale of certain drugs and cosmetics Section18A - Disclosure of the name of the manufacturer, etc. Section18B - Maintenance of records and furnishing of information Section19 - Pleas Section20 - Government Analysts Section21 - Inspectors Section22 - Powers of Inspectors Section23 - Procedure of Inspectors Section24 - Persons bound to disclose place where drugs or cosmetics are manufactured or kept Section25 - Reports of Government Analysts Section26 - Purchaser of drug or cosmetic enabled to obtain test or analysis Section26A - Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic.....
List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Chapter II
Title: The Drugs Technical Advisory Board, the Central Drugs Laboratory and the Drugs Consultative Committee
State: Central
Year: 1940
.....Drugs Laboratory under the control of a Director to be appointed by the Central Government, to carry out the functions entrusted to it by this Act or any rules made under this Chapter: Provided that, if the Central Government so prescribes, the functions of the Central Drugs Laboratory in respect of any drug or class of drugs1[or cosmetic or class of cosmetics] shall be carried out at the Central Research Institute, Kasauli, or at any other prescribed Laboratory and the functions of the Director of the Central Drugs Laboratory in respect of such drug or class of drugs1[or such cosmetic or class of cosmetics] shall be exercised by the Director of that Institute or of that other Laboratory, as the case may be. (2) The Central Government may, after consultation with the Board, make rules prescribing-- (a) the functions of the Central Drugs Laboratory; 2[***] (d) the procedure for the submission of the said Laboratory3[under Chapter IV or Chapter IVA] of samples of drugs1[or cosmetics] for analysis or test, the forms of the Laboratory's reports thereon and the fees payable in respect of such reports; (e) such other matters as may be necessary or expedient to enable.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 27
Title: Penalty for Manufacture, Sale, Etc., of Drugs in Contravention of This Chapter
State: Central
Year: 1940
1[27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes,-- (a) any drug deemed to be adulterated under section 17A or spurious under section 2[17B and which] when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be 3[punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more:] 4 [Provided that the fine imposed on and released from, the person convicted under this clause shall be paid, by way of compensation, to the person who had.....
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Complete Act
Title: Narcotic Drugs and Psychotropic Substances Act, 1985
State: Central
Year: 1985
.....Punishment for offence for which no punishment is provided Section32A - No suspension, remission or commutation in any sentence awarded under this Act Section32B - Factors to be taken into account for imposing higher than the minimum punishment Section33 - Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 Section34 - Security for abstaining from commission of offence Section35 - Presumption of culpable mental state Section36 - Constitution of Special Courts Section36A - Offences triable by Special Courts Section36B - Appeal and revision Section36C - Application of Code to proceedings before a Special Court Section36D - Transitional provisions Section37 - Offences to be cognizable and non-bailable Section38 - Offences by companies Section39 - Power of court to release certain offenders on probation Section40 - Power of court to publish names, place of business, etc., of certain offenders Chapter 5 Section41 - Power to issue warrant and authorisation Section42 - Power of entry, search, seizure and arrest without warrant or authorisation Section43 - Power of seizure and arrest in public place Section44 -.....
List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 52A
Title: Disposal of Seized Narcotic Drugs and Psychotropic Substances
State: Central
Year: 1985
.....Magistrate and certifying the correctness of any list of samples so drawn. (3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under subsection (2) and certified by the Magistrate, as primary evidence in respect of such offence]. ______________________ 1. Inserted by Act 2 of 1989, section 14 (w.e.f. 29-5-1989).
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 33I
Title: Penalty for Manufacture, Sale, Etc., of Ayurvedic, Siddha or Unani Drug Incontravention of This Chapter
State: Central
Year: 1940
.....sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter Whoever himself or by any other person on his behalf-- (1) manufactures for sale or for distribution-- 2[(a) Any Ayurvedic, Siddha or Unani drug-- (i) deemed to be misbranded under section 33E, (ii) deemed to be adulterated under section 33EE, or (iii) without a valid licence or in violation of any of the conditions thereof, as required under section 33 EEC, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more;] (b) any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees: Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year and of fine of less than 3[fifty thousand rupees]; or 4[(c) any Ayurvedic, Siddha or.....
View Complete Act List Judgments citing this sectionBombay Drugs (Control) Act, 1959, (Maharashtra) Preamble
Title: the Bombay Drugs (Control) Act, 1959
State: Maharashtra
Year: 1959
THE BOMBAY DRUGS (CONTROL) ACT, 1959 [Act No. 9 of 1960]1 [9th February, 1960] PREAMBLE An Act to provide for the control, in the interests of the general public, of the sale, possession, transport and use of certain drugs. INTRODUCTION In the beginning of the current century, Drug Industry was virtually non-existent in India and Pharmaceuticals were imported from abroad. The First World War changed the situation and not only were furnished and cheap drugs were imported in increasing volume, but also the demand for indigenous products was voiced from all sides. The Indian Government appointed, in 1931, a Drugs Enquiry Committee under the Chairmanship of Lt Col. R. N. Chopra which was asked to make shifting enquiries into the whole matter of drug production, distribution and sale by inviting opinions and meeting concerned people and it was also asked to make recommendations about the ways and means of controlling the production of sale in the interest of public health. The main suggestions of the Committee are : (1) formation of drug control machinery at the Central level having branches in all provinces, (2) establishment of Central Drug Laboratory with small.....
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