Lawgist16Standards of quality
(1) This Act may be called the Drugs 1[and Cosmetics] Act, 1940.
(2) It extends to the whole of India 2* * *.
(3) It shall come into force at once; but Chapter III shall take effect only from such date3 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 date3 as the State Government may, by like notification, appoint in this behalf :
4[Provided that in relation to the State of Jammu and Kashmir, Chapter III shall take effect only from such date5 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.]
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1. Ins. by Act 21 of 1962, s. 3 (w.e.f. 27-7-1964).
2. The words "except the State of Jammu and Kashmir" omitted by Act 19 of 1972, s. 2.
3. 1st April, 1947; see notification No. F. 28(10) (3) 45H(I), dated the 2nd September, 1946, Gazette of India, 1946, Pt. I, p. 1349.
Ch. IV came into force in the States of Delhi. Ajmer and Coorg on the 1st April, 1947, see ibid., Chs. III and IV came into force in the States of H.P., Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur on the 1st April, 1953, vide notification No. S.R.O. 663, dated the 30th March, 1953, Gazette of India, Pt II, Sec. 3, p. 451.
Ch. IV came into force in the Union territory of Dadra and Nagar Haveli w.e.f. 1st August, 1968, see notification. No. ADM/Law/117(74), dated the 20th July, 1968, Gazette of India, PT. III, Sec. 3, p. 128.
The Act is extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I; to Pondicherry by Reg. 7 of 1963, s. 3 and the Sch. I; to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch.
4. Added by Act 19 of 1972, s. 2.
5. 24th August, 1974, vide notification. No. S.O. 2185, dated the 9th August, 1974, Gazette of India, 1974, Pt. II, Sec. 3 (ii), p. 2331.
- 16 Standards of quality
- 17 Misbranded drug
- 17A Adulterated drugs
- 17B Spurious drugs
- 17C Misbranded cosmetic
- 17D Spurious cosmetics
- 17E Adulterated cosmetic
- 18 Prohibition of manufacture and sale of certain drugs and cosmetic
- 18A Disclosure of the name of the manufacturer, etc
- 18B Maintenance of records and furnishing of information
- 19 Pleas
- 20 Government Analysts
- 21 Inspector
- 22 Powers of Inspectors
- 23 Procedure of Inspectors
- 24 Persons bound to disclose place where drugs or cosmetics are manufactured or kept
- 25 Reports of Government Analysts
- 26 Purchaser of drug or cosmetic enabled to obtain test or analysis
- 26A Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest
- 26B Powers of Central Government to regulate or restrict, manufacture, etc., of drug in public interest
- 27 Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter
- 27A Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter
- 28 Penalty for non-disclosure of the name of the manufacturer, et
- 28A Penalty for not keeping documents, etc., and for non-disclosure of information
- 28B Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A
- 29 Penalty for use of Government Analyst’s report for advertising
- 30 Penalty for subsequent offences
- 31 Confiscation
- 31A Application of provisions to Government departments
- 32 Cognizance of offences
- 32A Power of Court to implead the manufacturer, etc
- 32B Compounding of certain offences
- 33 Power of Central Government to make rules
- 33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs
