The DRUGS AND COSMETICS ACT, 1940

INTRODUCTORY

Section 1 — Short title, extent and commencement.

(1) This Act may be called the Drugs and Cosmetics Act, 1940.

(2) It extends to the whole of India [Omitted] .

(3) It shall come into force at once; but Chapter III shall take effect only from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and Chapter IV shall take effect in a particular State only from such date as the State Government may, by like notification, appoint in this behalf : Provided that in relation to the State of Jammu and Kashmir*, Chapter III shall take effect only from such date after the commencement of the Drugs and Cosmetics (Amendment) Act, 1972 (19 of 1972), as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

Browse all 91 sections
  1. 1.Short title, extent and commencement.
  2. 2.Application of other laws not barred.
  3. 3.Definitions.
  4. 3A.Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir.
  5. 4.Presumption as to poisonous substances.
  6. 5.The Drugs Technical Advisory Board.
  7. 6.The Central Drugs Laboratory.
  8. 7.The Drugs Consultative Committee.
  9. 8.Standards of quality.
  10. 9.Misbranded drugs.
  11. 9A.Adulterated drugs.
  12. 9B.Spurious drugs.
  13. 9C.Misbranded cosmetics.
  14. 9D.Spurious cosmetics.
  15. 10.Prohibition of import of certain drugs or cosmetics.
  16. 10A.Power of Central Government to prohibit import of drugs and cosmetics in public interest.
  17. 11.Application of law relating to sea customs and powers of Customs officers.
  18. 12.Power of Central Government to make rules.
  19. 13.Offences.
  20. 14.Confiscation.
  21. 15.Jurisdiction.
  22. 16.Standards of quality.
  23. 17.Misbranded drugs.
  24. 17A.Adulterated drugs.
  25. 17B.Spurious drugs.
  26. 17C.Misbranded cosmetics.
  27. 17D.Spurious cosmetics.
  28. 17E.Adulterated cosmetics.
  29. 18.Prohibition of manufacture and sale of certain drugs and cosmetics.
  30. 18A.Disclosure of the name of the manufacturer, etc.
  31. 18B.Maintenance of records and furnishing of information.
  32. 19.Pleas.
  33. 20.Government Analysts.
  34. 21.Inspectors.
  35. 22.Powers of Inspectors.
  36. 23.Procedure of Inspectors.
  37. 24.Persons bound to disclose place where drugs or cosmetics are manufactured or kept.
  38. 25.Reports of Government Analysts.
  39. 26.Purchaser of drug or cosmetic enabled to obtain test or analysis.
  40. 26A.Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest.
  41. 26B.Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest.
  42. 27.Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter.
  43. 27A.Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter.
  44. 28.Penalty for non-disclosure of the name of the manufacturer , etc.
  45. 28A.Penalty for not keeping documents, etc., and for non-disclosure of information.
  46. 28B.Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A.
  47. 29.Penalty for use of Government Analyst ’s report for advertising.
  48. 30.Penalty for subsequent offences.
  49. 31.Confiscation.
  50. 31A.Application of provisions to Government departments.
  51. 32.Cognizance of offences.
  52. 32A.Power of Court to implead the manufacturer, etc.
  53. 32B.Compounding of certain offences.
  54. 33.Power of Central Government to make rules.
  55. 33A.Chapter not to apply to Ayurvedic, Siddha or Unani drugs.
  56. 33B.Application of Chapter IVA.
  57. 33C.Ayurvedic and Unani Drugs Technical Advisory Board.
  58. 33D.The Ayurvedic, Siddha and Unani Drugs Consultative Committee.
  59. 33E.Misbranded drugs.
  60. 33EE.Adulterated drugs.
  61. 33EEA.Spurious drugs.
  62. 33EEB.Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs.
  63. 33EEC.Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs.
  64. 33EED.Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest.
  65. 33F.Government Analysts.
  66. 33G.Inspectors.
  67. 33H.Application of provisions of sections 22, 23, 24 and 25.
  68. 33-I.Penalty for manufacture, sale, etc., of Ayurvedic. Siddha or Unani drug in contravention of this Chapter.
  69. 33J.Penalty for subsequent offences.
  70. 33K.Confiscation.
  71. 33KA.Disclosure of name of manufacturer, etc.
  72. 33KB.Maintenance of records and furnishing of informantion.
  73. 33L.Application of provisions to Government departments.
  74. 33M.Cognizance of offences.
  75. 33N.Power of Central Government to make rules.
  76. 33-O.Power to amend First Schedule.
  77. 33P.Power to give directions.
  78. 34.Offences by companies.
  79. 34A.Offences by Government departments.
  80. 34AA.Penalty for vexatious search or seizure.
  81. 35.Publication of sentences passed under this Act.
  82. 36.Magistrate’s power to impose enhanced penalties.
  83. 36A.Certain offences to be tried summarily.
  84. 36AB.Special Courts.
  85. 36AC.Offences to be cognizable and non-bailable in certain cases.
  86. 36AD.Application of Code of Criminal Procedure, 1973 to proceedings before special Court.
  87. 36AE.Appeal and revision.
  88. 37.Protection of action taken in good faith.
  89. 38.Rules to be laid before Parliament.
  90. SCH-THE FIRST SCHEDULE.THE FIRST SCHEDULE
  91. SCH-THE SECOND SCHEDULE.THE SECOND SCHEDULE