Indian Bare Acts

Search Alphabatically :

THE DRUGS AND COSMETICS ACT, 1940

Title : THE DRUGS AND COSMETICS ACT, 1940

Year : 1940



(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 the State Governments on technical matters arising out of the administration of this Act and to carry out the other functions assigned to it by this Act.

1*[(2) The Board shall consist of the following members, namely:-

(i) The Director General of Health Services, ex officio, who shall be Chairman;

(ii) The Drugs Controller, India, ex officio;

(iii) The Director of the Central Drugs Laboratory, Calcutta, ex officio;

(iv) The Director of the Central Research Institute, Kasauli, ex officio;

(v) The Director of the Indian Veterinary Research Institute, Izatnagar, ex officio;

(vi) The President of the Medical Council of India, ex officio;

(vii) The President of the Pharmacy Council of India, ex officio;

(viii) The Director of the Central Drug Research Institute, Lucknow, ex officio;

(ix) Two persons to be nominated by the Central Government from among persons who are in charge of drugs control in the States;

(x) One person, to be elected by the Executive Committee of the Pharmacy Council of India, from among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an Indian University or a college affiliated thereto;

(xi) One person, to be elected by the Executive Committee of the Medical Council of India, from among teachers in medicine or therapeutics on the staff of an Indian University or a college affiliated thereto;

(xii) One person to be nominated by the Central Government from the pharmaceutical industry;

(xiii) One pharmacologist to be elected by the Governing Body of the Indian Council of Medical Research;

(xiv) One person to be elected by the Central Council of the Indian Medical Association;

(xv) One person to be elected by the Council of the Indian Pharmaceutical Association;

(xvi) Two persons holding the appointment of Government Analyst under this Act, to be nominated by the Central Government.]

(3) The nominated and elected members of the Board shall hold office for three years, but shall be eligible for re-nomination and re-election:

2*[Provided that the person nominated or elected, as the case may be, under clause (ix) or clause (x) or clause (xi) or clause (xvi) of sub-section (2) shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated or elected to the Board.]

(4) The Board may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it.

(5) The Board may constitute sub-committees and may appoint to such sub-committees for such periods, not exceeding three years, as it may decide, or temporarily for the consideration of particular matters, persons who are not members of the Board.

(6) The functions of the Board may be exercised notwithstanding any vacancy therein.

(7) The Central Government shall appoint a person to be Secretary of the Board and shall provide the Board with such clerical and other staff as the Central Government considers necessary.

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 13 of 1964, Section 4, for sub-section (2) (w.e.f. 15-9-1964).

2. Substituted by Act 13 of 1964, Section 4, for the Proviso (w.e.f. 15-9-1964).

-----------------------------------------------------------------------------------------------------------------------------------------------------------



(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 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 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).

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The Central Government may constitute an advisory committee to be called "the Drugs Consultative Committee" to advise the Central Government, the State Governments and the Drugs Technical Advisory Board on any matter tending to secure uniformity throughout1*[India] in the administration of this Act.

(2) The Drugs Consultative Committee shall consist of two representatives of the Central Government to be nominated by that Government and one representative of each State Government to be nominated by the State Government concerned.

(3) The Drugs Consultative Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure.

7A - 2* Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs

Nothing contained in sections 5 and 7 shall apply to 3*[Ayurvedic, Siddha or Unani] drugs.

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 3 of 1951, Section 3 and Schedule, for "the States".

2. Inserted by Act 13 of 1964, Section 6 (w.e.f. 15-9-1964).

3. Substituted by Act 68 of 1982, Section

---------------------------------------------------------------------------------------------------------------------------------------------------------
Last updated on July, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female