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 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 25

Title: Reports of Government Analysts

State: Central

Year: 1940

.....in respect of the sample. (3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken3[or the person whose name, address and other particulars have been disclosed under section 18A] has, within twenty-eight days of the receipt of a copy of the report, notified in writing the Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. (4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government Analyst's report, the Court may, of its own motion or in its discretion at the request either of the complainant or the accused: cause the sample of the drug1[or cosmetic] produced before the Magistrate under sub-section (4) of section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or analysis and report in writing signed by or under the.....

Arbitration Act, 1940 Complete Act

State: Central

Year: 1940

.....not after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties. SECTION 09: POWER TO PARTY TO APPOINT NEW ARBITRATOR OR IN CERTAIN CASES, A SOLE ARBITRATOR - Where an.....

Drugs 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.....

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 6

Title: The Central Drugs Laboratory

State: Central

Year: 1940

.....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 the said Laboratory to carry out its functions; (f) the matters necessary to be prescribed for the purposes of the proviso to sub-section (1). _______________________ 1. Inserted by Act 21 of 1962, Section 5 (w.e.f. 27-7-1964). 2. Clauses (b) and (c) omitted by Act 11 of 1955, Section 4 (w.e.f. 15-4-1955). 3. Substituted by Act 13 of 1964, Section 5, for "under Chapter IV" (w.e.f. 15-9-1964).

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 11

Title: Application of Law Relating to Sea Customs and Powers of Customs Officers

State: Central

Year: 1940

.....(1), the3[Commissioner of Customs] or any officer of the Government authorised by the Central Government in this behalf, may detain any imported package which he suspects to contain any drug2[or cosmetic] the import of which is prohibited under this Chapter and shall forthwith report such detention to the Drugs Controller, India, and, if necessary, forward the package or sample of any suspected drug2[or cosmetic] found therein to the Central Drugs Laboratory.] _______________________ 1. Now see the Customs Act, 1962 (52 of 1962). 2. Inserted by Act 21 of 1962, Section 9 (w.e.f. 27-7-1964). 3. Substituted by Act 22 of 1995, Section 83, for "Customs Collector" (w.e.f. 26-5-1995). 4. Substituted by Act 11 of 1955, Section 6, for sub-section (2).

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.....

Arbitration Act, 1940 [Repealed] Schedule II

Title: Second Schedule

State: Central

Year: 1940

THE SECOND SCHEDULE (See section 41.) POWERS OF COURT 1. The preservation, interim custody or sale of any goods which are the subject-matter of the reference. 2. Securing the amount in difference in the reference. 3.The detention, preservation or inspection of any property or thing which is the subject of the reference or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon or into any land or building in the possession of any party to the reference, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence. 4. Interim injunctions or the appointment of a receiver. 5. The appointment of a guardian for a minor or person of unsound mind for the purposes of arbitration proceedings.