Bare Act Search Results

Drugs 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.....

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 33

Title: Power of Central Government to Make Rules

State: Central

Year: 1940

.....wherein any drug or cosmetic is being or is proposed to be manufactured; (eeb) prescribe the manner in which copies are to be certified under sub-section (2A) of section 22;] (f) specify the diseases or ailments which a drug may not purport or claim 8[to prevent, cure or mitigate] and such other effects which a drug may not purport or claim to have; (g) prescribe the conditions subject to which small quantities of drugs may be manufactured for the purpose of examination, test or analysis; (h) require the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label or container of any specified drug or class of drugs, and prohibit the sale, stocking or exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry of the date of potency; (i) prescribe the conditions to be observed in the packing in bottles, packages, and other containers of drugs3[or cosmetics], 7[including the use of packing material which comes into direct contact with the drugs] and prohibit the sale, stocking or exhibition for sale, or distribution of drugs 3[or.....

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 12

Title: Power of Central Government to Make Rules

State: Central

Year: 1940

.....(f) prescribe the places at which drugs3 [or cosmetics] may be imported, and prohibit their import at any other place; (g) require the date of manufacture and the date of expiry of potency to be clearly and truly stated on the label or container of any specified imported drug or class of such drug, and prohibit the import of the said drug or class of drug after the expiry of a specified period from the date of manufacture; (h) regulate the submission by importers, and the securing, of samples of drugs3 [or cosmetics] for examination, test or analysis by the Central Drugs Laboratory, and prescribe the fees, if any, payable for such examination, test or analysis; (i) prescribe the evidence to be supplied, whether by accompanying documents or otherwise, of the quality of drugs3 [or cosmetics] sought to be imported, the procedure of officers of Customs in dealing with such evidence, and the manner of storage at places of import of drugs3 [or cosmetics] detained pending admission; (j) provide for the exemption, conditionally or otherwise, from all or any of the provisions of this Chapter and the rules made thereunder of drugs3 [or cosmetics] imported for the purpose only of.....

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 33N

Title: Power of Central Government to Make Rules

State: Central

Year: 1940

.....which it is purported to contain; (d) specify any substance as a poisonous substance; (e) prescribe the forms of licences for the manufacture for sale of2[Ayurvedic, Siddha or Unani] drugs,3[and for sale of processed Ayurvedic, Siddha or Unani drugs,] the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same and the fees payable therefor;3[and provide for the cancellation or suspension of such licences in any case where any provision of this Chapter or rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with]; 4[(f) prescribe the conditions to be observed in the packing of Ayurvedic, Siddha and Unani drugs including the use of packing material which comes into direct contact with the drugs, regulate the mode of labelling packed drugs and prescribe the matters which shall or shall not be included in such labels;] (g) prescribe the conditions subject to which small quantities of2[Ayurvedic, Siddha or Unani] drugs may be manufactured for the purpose of examination, test or analysis; and 3[(gg) prescribe under clause.....

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 9A

Title: Adulterated Drugs

State: Central

Year: 1940

1[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).

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 17A

Title: Adulterated Drugs

State: Central

Year: 1940

1[17A. 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 17A ns. by Act 21 of 1962, Section 13 (w.e.f. 27-7-1963) and Substituted by Act 68 of 1982, Section 13 (w.e.f. 1-2-1983).

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 17E

Title: 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 its quality or strength.] __________________________ 1. Inserted by the drug and cosmetics (amendment) act 2008.

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 33EE

Title: Adulterated Drugs

State: Central

Year: 1940

.....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. Explanation.--For the purpose of clause (a), a drug shall not be deemed to consist, in whole or in part, of any decomposed substance only by reason of the fact that such decomposed substance is the result of any natural decomposition of the drug: Provided that such decomposition is not due to any negligence on the part of the manufacturer of the drug or the dealer thereof and that it does not render the drug injurious to health.

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 17C

Title: Misbranded Cosmetics

State: Central

Year: 1940

1[17C. 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 13 (w.e.f. 1-2-1983).

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 33E

Title: 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.