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.....

Arbitration Act, 1940 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1940

.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....

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 22

Title: Powers of Inspectors

State: Central

Year: 1940

.....within the local limits of the area for which he is appointed,-- 2[(a) inspect,-- (i) any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising and testing the drug or cosmetic; (ii) any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed; (b) take samples of any drug or cosmetic,-- (i) which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is being distributed; (ii) from any person who is in the course of conveying, delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee; (c) at all reasonable times, with such assistance, if any, as he considers necessary,-- (i) search any person, who, he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed; or (ii) enter and search any place in which he has reason to believe that an offence under this Chapter has been, or is being, committed; or (iii) stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is.....

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

Title: Procedure of Inspectors

State: Central

Year: 1940

.....all or any of the portions so sealed and marked: Provided that where the sample is taken from premises whereon the drug1[or cosmetic] is being manufactured, it shall be necessary to divide the sample into three portions only: Provided further that where the drug1[or cosmetic] is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug1[or cosmetic] be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably marking the same and, where necessary, sealing them. (4) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:-- (i) one portion or container he shall forthwith send to the Government Analyst for test or analysis; (ii) the second he shall produce to the Court before which proceedings, if any, are instituted in respect of the drug1[or cosmetic]; and 2[(iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars.....

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 33EED

Title: Power of Central Government to Prohibit Manufacture, Etc., of Ayurvedic, Siddhaor Unani Drugs in Public Interest

State: Central

Year: 1940

Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied on the basis of any evidence or other material available before it that the use of any Ayurvedic, Siddha or Unani drug is likely to involve any risk to human beings or animals or that any such drug does not have the therapeutic value claimed or purported to be claimed for it 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 manufacture, sale or distribution of such drug.]

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 34AA

Title: Penalty for Vexatious Search or Seizure

State: Central

Year: 1940

1[34AA. Penalty for vexatious search or seizure Any Inspector exercising powers under this Act or the rules made thereunder, who,-- (a) without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance; or (b) vexatiously and unnecessarily searches any person; or (c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or (d) commits, as such Inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees.] _____________________ 1. Inserted by Act 68 of 1982, section 36 (w.e.f. 1-2-1983).

Agricultural Produce Cess Act 1940 Section 5B

Title: Penalties

State: Central

Year: 1940

(1) Whoever (a) evades the payment of any customs duty under this Act, or (b) fails to furnish any information which it is his duty to furnish or furnishes information which is false in material particulars or which he does not believe to be true, or (c) obstructs the Collector or any other officer in the performance of his duties under this Act or any rules made there under, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. (2) Any Court trying an offence under this Act may direct that any article specified in the Schedule in respect of which it is satisfied that an offence punishable under this Act has been committed shall be forfeited to the Central Government and may also direct that all packages, coverings or receptacles in which such article is contained and every vessel or other conveyance used in carrying such article shall be forfeited to the Central Government.