SectionsParticulars
Chapter IIntroductory
1Short title, extent and commencement
(1) This Act may be called the Drugs 4[and Cosmetics] Act, 1940. (2) It extends to the whole of India 5[***](3) It shall come in to force at once; but Chapter ...
2Application of other laws not barred
The provisions of this Act shall be in addition to, and not in derogation of, the Dangerous Drugs Act, 1930, and any other law for the time being in force. ...
3Definitions
In this Act, unless there is anything repugnant in the subject or context,-9[(a) "10[Ayurvedic, Siddha or Unani] drug" includes all medicines intended for int...
3AConstruction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir
Any reference in this Act to any law which is not in force, or any functionary not in existence, in the State of Jammu and Kashmir, shall, in relation to t...
4Presumption as to poisonous substances
Any substance specified as poisonous by rule made under Chapter II or Chapter IV 33[or Chapter IVA] shall be deemed to be a poisonous substance for the purpos...
Chapter IIThe Drugs Technical Advisory Board, The Central Drugs Laboratory And The Drugs Consultative Committee
5The Drugs Technical Advisory Board
(1) The Central Government shall, as soon as may be, constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Central Government and...
6The Central Drugs Laboratory
(1) The Central Government shall, as soon as may be, establish a Central Drugs Laboratory under the control of a Director to be appointed by the Central Gover...
7The Drugs Consultative Committee
(1) The Central Government may constitute an advisory committee to Committee be called "the Drugs Consultative Committee" to advise the Central Government, th...
7ASection 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs
Nothing contained in sections 5 and 7 shall apply to 10[Ayurvedic, Siddha or Unani drugs.]...
Chapter IIIImport Of Drugs And Cosmetics
8Standards of quality
40[(1) For the purposes of this Chapter, the expression "standard quality" means-(a) in relation to a drug, that the drug complies with the standards set out ...
9Misbranded drugs
For the purposes of this Chapter, a drug shall be deemed to be misbranded- (a) if it is so colored, coated, powdered or polished that damage is concealed o...
9AAdulterated 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 su...
9BSpurious drugs
For the purposes of this Chapter, a drug shall be deemed to be spurious-(a) if it is imported under a name which belongs to another drug; or(b) if it is an im...
9CMisbranded 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 labeled i...
9DSpurious cosmetics
For the purposes of this Chapter, a cosmetic shall be deemed to be spurious,-(a) if it is imported under a name which belongs to another cosmetic; or(b) if it...
10Prohibition of import of certain drugs or cosmetics
From such date44 as may be fixed by the Central Government by notification in the Official Gazette in this behalf, no person shall import-(a) any drug 45[or c...
10APower 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 to involve...
11Application of law relating to sea customs and powers of Customs offices
(1) The law for the time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the Sea Customs Act, 187854 s...
12Power of Central Government to make rules
(1) The Central Government may, 58[after consultation with or on the recommendation of the Board] and after previous publication by notification in the Offici...
13Offences
(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...
14Confiscation
Where any offence punishable under section 13 has been committed, the consignment of the drugs 67[or cosmetics] in respect of which the offence has been commi...
15Jurisdiction
No Court inferior to that 68[of a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under section 13. ...
Chapter IVManufacture, Sale And Distribution Of 69[Drugs And Cosmetics]
16Standards of quality
70[(1) For the purposes of this Chapter, the expression "standard quality" means-(a) in relation to a drug, that the drug complies with the standard set out i...
17Misbranded drugs
For the purposes of this Chapter, a drug shall be deemed to be misbranded,- (a) if it is so colored, coated, powdered or polished that damage is concealed ...
17AAdulterated 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 substa...
17BSpurious drugs
For the purposes of this Chapter, a drug shall be deemed to be spurious,-(a) if it is manufactured under a name which belongs to another drug; or(b) if it is ...
17CMisbranded 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 labeled ...
17DSpurious cosmetics
For the purposes of this Chapter, a cosmetic shall be deemed to be spurious,-(a) if it is manufactured under a name which belongs to another cosmetic; or(b) i...
18Prohibition of manufacture and sale of certain drugs and cosmetics
From such 74date as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other perso...
18ADisclosure of the name of the manufacturer, etc.
Every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the Inspector the...
18BMaintenance of records and furnishing of information
Every person holding a license under clause (c) of section 18 shall keep and maintain such records, registers and other documents as may be prescribed and sha...
19Pleas
(1) Save as hereinafter provided in this section, it shall be no defense in a prosecution under this Chapter to prove merely that the accused was ignorant of ...
20Government Analysis
(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Gove...
21Inspectors
(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qu...
22Powers of Inspectors
(1) Subject to the provisions of section 23 and of any rules made by the Central Government in this behalf, an Inspector may, within the local limits of the a...
23Procedure of Inspectors
Where an Inspector takes any sample of a drug 87[or cosmetic] under this Chapter, he shall tender the fair price thereof and may require a written acknowledge...
24Persons bound to disclose place where drugs or cosmetics are manufactured or kept
Every person for the time being in charge of any premises whereon any drug 87[or cosmetic] is being manufactured or is kept for sale or distribution shall, on...
25Reports of Government Analysts
(1) The Government Analyst to whom a sample of any drug 87[or cosmetic] Government has been submitted for test or analysis under sub-section (4) of section 23...
26Purchase of drug or cosmetic enabled to obtain test or analysis
Any person 110[or any recognized consumer association, whether such person is a member of that association or not] shall, on application in the prescribed man...
26APowers 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 ...
27Penalty 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 d...
27APenalty for manufacture, sale etc., of cosmetics 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-(i) any cos...
28Penalty for non-disclosure of the name of the manufacturer, etc.
Whoever contravenes the provisions of section 18A 116[or section 24] shall be punishable with imprisonment for a term which may extend to one year, or with fi...
28APenalty for not keeping documents, etc., and for non-disclosure of information
Whoever without reasonable cause or excuse, contravenes the provisions of section 18B shall be punishable with imprisonment for a term which may extend to one...
28BPenalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A
Whoever himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in contravention of the provisions of any notif...
30Penalty for subsequent offences
120[(1) Whoever having been convicted of an offence,-(a) under clause (b) of section 27 is again convicted of an offence under that clause, shall be punishable...
31Confiscation
    125[(1)] Where any person has been convicted under this Chapter for contravening any such provision of this Chapter or any rule made thereunder as may, be...
31AApplication of provisions to Government departments
The provisions of this Chapter except those contained in section 31 shall apply in relation to the manufacture, sale or distribution of drugs by any departmen...
32Cognizance of offences
(1) No prosecution under this Chapter shall be instituted except by an Inspector 133[or by the person aggrieved or by a recognized consumer association whethe...
32APower of Court to implead the manufacturer, etc.
Where, at any time during the trial of any offence under this Chapter alleged to have been committed by any person, not being the manufacturer of a drug or co...
33Power of Central Government to make rules
137[(1) The Central Government may 138[after consultation with, or on the recommendation of, the Board] and after previous publication by notification in the ...
33AChapter not to apply to Ayurvedic; Siddha or Unani drugs
Save as otherwise provided in this Act, nothing contained in this Chapter shall apply to 10[Ayurvedic, Siddha or Unani drugs.]...
Chapter IVAProvisions Relating To 10[ Ayurvedic, Siddha And Unani ] Drugs
33BApplication of Chapter IVA
This Chapter shall apply only to 10[Ayurvedic, Siddha and Unani] drugs....
33CAyurvedic and Unani Drugs Technical Advisory Board
(1) The Central Government shall, by notification in the Official Gazette and with effect from such date as may be specified therein, constitute a Board (to b...
33DThe Ayurvedic, Siddha and Unani Drugs Consultative Committee
(1) The Central Government may constitute an Advisory Committee to be called the Ayurvedic, Siddha and Unani Drugs Consultative Committee to advise the Centra...
33EMisbranded drugs
For the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug shall be deemed to be misbranded-(a) if it is so colored, coated, powdered or polished tha...
33EEAdulterated drugs
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 filth...
33EEASpurious drugs
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 ...
33EEBRegulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs
No person shall manufacture for sale or for distribution any Ayurvedic, Siddha or Unani drug except in accordance with such standards, if any, as may be presc...
33EECProhibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs
From such date as the State Government may, by notification in the Official Gazette, specify in this behalf, no person, either by himself or by any other pers...
33EEDPower of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest
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 avai...
33FGovernment Analysts
(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qu...
33GInspectors
(1) The be Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed...
33HApplication of provisions of sections 22, 23, 24 and 25
The provisions of sections 22, 23, 24 and 25 and the rules, if any, made thereunder shall, so far as may be, apply in relation to an Inspector and a Governmen...
33IPenalty for manufacture, 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,-(a) any Ayurvedic, Siddha or Unani drug-(i) deemed to be ad...
33JPenalty for subsequent offences
Whoever having been convicted of an offence,-(a) under clause (a) of sub-section (1) of section 33-I is again convicted of an offence under that clause, shall ...
33KConfiscation
Where any person has been convicted under this Chapter, the stock of the 10[Ayurvedic, Siddha or Unani] drug, in respect of which the contravention has been m...
33LApplication of provisions to Government departments
The provisions of this Chapter except those contained in section 33K shall apply in relation to the manufacture for sale, sale, or distribution of any 10[Ayur...
33MCognizance of offences
(1) No prosecution under this Chapter shall be instituted except by an Inspector 162[with the previous sanction of the authority specified under sub-section (...
33NPower of Central Government to make rules
(1) The Central Government may, 164[after consultation with, or on the recommendation of, the Board] and after previous publication by notification in the Off...
33OPower to amend First Schedule
The Central Government, after consultation with the Board and after giving, by notification in the Official Gazette, not less than three months' notice of it ...
Chapter VMiscellaneous
33PPower to give directions
The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in...
34Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, company, and wa...
34AOffences by Government departments
Where an offence under Chapter IV or Chapter IVA has been committed by any department of Government, such authority as is specified by the Central Government ...
34AAPenalty 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, vess...
35Publication of sentences passed under this Act
(1) If any person is convicted of an offence under this Act, 173[the Court before which the conviction takes place shall, on application made to it by the Ins...
36ACertain offences to be tried summarily
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act, punishable with imprisonment for a term not exceeding...
37Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under action in th...
38Rules to be laid before Parliament
Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total laid before...
The First Schedule
[See section 3(a)]181[A.-AYURVEDIC AND SIDDHA SYSTEMS] Serial No. Name of Book Ayurveda 1. Arogya Kalpdruma2. Arka Prakasha 3. Arya Bhishak 4.Ashtanga Hridaya ...
The Second Schedule
(See sections 8 and 16)Class of drug Standard to be complied with 1. Patent or proprietary medicines 183[other than Homeopathic medicines].The formula or lis...
Foot Notes
1. Dated 10th April, 1940. The Act has been extended to all the partially excluded areas in the State of Orissa vide Orissa Government Notification No. 3358-L...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!