Title : Drugs and Cosmetics Act, 1940 (23 of 1940)
State : Central
Year : 1940
Preamble1 - DRUGS AND COSMETICS ACT, 1940 Chapter I Section1 - Short title, extent and commencement Section2 - Application of other laws not barred Section3 - Definitions Section3A - Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir Section4 - Presumption as to poisonous substances Chapter II Section5 - The Drugs Technical Advisory Board Section6 - The Central Drugs Laboratory Section7 - The Drugs Consultative Committee Section7A - Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs ChapterIII - IMPORT OF DRUGS AND COSMETICS Section8 - Standards of quality Section9 - Misbranded drugs Section9A - Adulterated drugs Section9B - Spurious drugs Section9C - Misbranded cosmetics Section9D -..... List Judgments citing this sectionTitle : Special Courts
State : Central
Year : 1940
1[(1) The Central Government, or the State Government, in consultation with the Chief Justice of the High Court, shall, for trial of offences relating to adulterated drugs or spurious drugs and punishable under clauses (a) and (b) of section 13, subsection (5) of section 22, clauses (a) and (c) of section 27, section 28, section 28A, section 28B and clause (b) of sub-section (1) of section 30 and other offences relating to adulterated drugs or spurious drugs, by notification, designate one or more Courts of Session as a Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification.Explanation.---In this sub-section, "High Court" means the High Court of the State in which a Court of Session designated as Special..... View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Prohibit Import of Drugs and Cosmetics in Public Interest
State : Central
Year : 1940
1[10A. Power of Central Government to prohibit import of drugs and cosmetics in public interest Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then, that Government may, by notification in the Official Gazette, prohibit the import of such drug or cosmetic] _______________________ 1. Inserted by Act 68 of 1982, Section 8 (w.e.f. 1-2-1983). View Complete Act List Judgments citing this sectionTitle : Adulteated Cosmetics
State : Central
Year : 1940
1[17E. Adulterated cosmetics-For the purposes of this Chapter, a cosmetic 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..... View Complete Act List Judgments citing this sectionTitle : Powers of Central Government to Prohibit Manufacture, Etc., of Drug and Cosmetic in Public Interest
State : Central
Year : 1940
1[26A. Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, 2[regulate, restrict or prohibit] the manufacture, sale or distribution of such drug or cosmetic] _______________________ 1. Inserted by Act 68 of 1982...... View Complete Act List Judgments citing this sectionTitle : Misbranded Drugs
State : Central
Year : 1940
For the purposes of this Chapter, an Ayurvedic, Siddha or Unani 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. View Complete Act List Judgments citing this sectionTitle : Drugs and Cosmetics (Amendment) Act, 2008
State : Central
Year : 1940
View Complete Act List Judgments citing this sectionTitle : Offences
State : Central
Year : 1940
1[13. Offences (1) Whoever himself or by any other person on his behalf imports,-- (a) any drug deemed to be adulterated under section 9A or deemed to be a spurious drug under section 9B or any spurious cosmetic referred to in section 9D or any cosmetic of the nature referred to in clause (ee) of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees; (b) any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under section 10, or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both; (c) any drug or cosmetic..... View Complete Act List Judgments citing this sectionTitle : Adulterated Drugs
State : Central
Year : 1940
For the purposes of this Chapter, an Ayurvedic, Siddha or Unani 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..... View Complete Act List Judgments citing this sectionTitle : Spurious Drugs
State : Central
Year : 1940
For the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug shall be deemed to be spurious-- (a) if it is sold, or offered or exhibited for sale, 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 any other drug or..... View Complete Act List Judgments citing this section