Indian Bare Acts

Search Alphabatically :

THE DRUGS AND COSMETICS ACT, 1940

Title : THE DRUGS AND COSMETICS ACT, 1940

Year : 1940



1*[(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 in2*[the Second Schedule], and

(b) In relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.]

(2) The Central Government, after consultation with the Board and after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may by a like notification add to or otherwise amend2*[the Second Schedule], for the purposes of this Chapter, and thereupon2*[the Second Schedule] shall be deemed to be amended accordingly.

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

1. Substituted by Act 21 of 1962, Section 6, for sub-section (1) (w.e.f. 27-7-1964).

2. Substituted by Act 13 of 1964, Section 7, for "the Schedule" (w.e.f. 15-9-1964).

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



For the purposes of this Chapter, a drug shall be deemed to be misbranded,-

(a) If it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or

(b) If it is not labelled in the prescribed manner; or

(c) If its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.]

9A - 2*Adulterated 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 substance; or

(b) If it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or

(c) If its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(d) If it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or

(e) If it contains any harmful or toxic substance which may render it injurious to health; or

(f) If any substance has been mixed therewith so as to reduce its quality or strength.]

9B - 3*Spurious 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 imitation of, or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or

(c) If the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or

(d) If it has been substituted wholly or in part by another drug or substance; or

(e) If it purports to be the product of a manufacturer of whom it is not truly a product.]

9C -4* Misbranded 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 labelled in the prescribed manner; or

(c) If the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular.]

9D -4* Spurious 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 is an imitation of, or is a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or

(c) If the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist; or

(d) If it purports to be the product of a manufacturer of whom it is not truly a product.]

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

1. Substituted by Act 68 of 1982, Section 5, for section 9 (w.e.f. 1-2-1983).

2. Section 9A Inserted by Act 21 of 1962, Section 7 and Substituted by Act 68 of 1982, Section 6 (w.e.f. 1-2-1983).

3. Section 9B Inserted by Act 13 of 1964, Section 8 (w.e.f. 15-9-1964) and Substituted by Act 68 of 1982, Section 6 (w.e.f. 1-2-1983).

4. Inserted by Act 68 of 1982. Section 6 (w.e.f. 1-2-1983).

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



From such date1as may be fixed by the Central Government by notification in the Official Gazette in this behalf, no person shall import-

(a) Any drug2*[or cosmetic] which is not of standard quality;

3*[(b) Any misbranded drug4*[or misbranded or spurious cosmetic];]

5*[(bb) Any6*[adulterated or spurious] drug;]

(c) Any drug2*[or cosmetic] for the import of which a licence is prescribed, otherwise than under, and in accordance with, such licence;

7*[(d) Any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof8[the true formula or list of active ingredients contained in it together with the quantities thereof];]

(e) Any drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed;

2*[(ee) Any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended;]

(f) Any drug2*[or cosmetic] the import of which is prohibited by rule made under this Chapter:

Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use:

Provided further that the Central Government may, after consultation with the Board, by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality.

9[* * *]

10A -10* Power 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 likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then, that Government may, by notification in the Official Gazette, prohibit the import of such drug or cosmetic]

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

1. 1st April, 1947, for clauses (a), (b), (c), (e) and (0 and 1st April, 1949, for clause (d), see Notification No. 18-12-46-D.l., dated 11th February, 1947, Gazette of India, 1947, Pt. 1, p. 189 as amended by Notification No. F-l-2/48-D(I), dated 29th September, 1948.
1st April, 1953, for the States of Himachal Pradesh, Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur vide Notification No. S.R.O. 666, dated 30th March, 1953, Gazette of India, 1953, Pt. II. Section 3, p. 451.

2. Inserted by Act 21 of 1962, Section 8 (w.e.f. 27-7-1964).

3. Substituted by Act 21 of 1962, Section 8, for clause (b) (w.e.f. 27-7-1964).

4. Substituted by Act 68 of 1982, Section 7, for "or misbranded cosmetic" (w.e.f. 1-2-1983).

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

6. Substituted by Act 68 of 1982, Section 7, for "adulterated" (w.e.f. 1-2-1983).

7. Substituted by Act 11 of 1955, Section 5, for clause (d).

8. Substituted by Act 68 of 1982, Section 7, for certain words (w.e.f. 1-2-1983).

9. Explanation omitted by Act 68 of 1982, Section 7 (w.e.f. 1-2-1983).

10. Inserted by Act 68 of 1982, Section 8 (w.e.f. 1-2-1983).

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



(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, 1878 (8 of 1878)1* shall, subject to the provisions of section 13 of this Act, apply in respect of drugs 2*[and cosmetics] the import of which is prohibited under this Chapter, and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a3*[Commissioner of Customs] and other officers of Customs, shall have the same powers in respect of such drugs2*[and cosmetics] as they have for the time being in respect of such goods as aforesaid.

4*[(2) Without prejudice to the provisions of sub-section (1), the 3*[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).

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



(1) The Central Government may,1*[after consultation with or on the recommendation of the Board] and after previous publication by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter:

2*[Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules.]

(2) Without prejudice to the generality of the foregoing power, such rules may-

(a) specify the drugs or classes of drugs3 [or cosmetics or classes of cosmetics] for the import of which a licence is required,4*[and prescribe the form and conditions of such licences, the authority empowered to issue the same, the fees payable therefor and provide for the cancellation, or suspension of such licence in any case where any provision of this Chapter or the rules made there under is contravened or any of the conditions subject to which the licence is issued is not complied with];

(b) Prescribe the methods of test or analysis to be employed in determining whether a drug3 [or cosmetic] is of standard quality;

(c) Prescribe, in respect of biological and organ metallic compounds, the units or methods of standardisation;

5*[(cc) Prescribe under clause (d) of6*[section 9A] the colour or colours which a drug may bear or contain for purposes of colouring;]

(d) Specify the diseases or ailments which an imported drug may not purport or claim7*[to prevent, cure or mitigate] and such other effects which such drug may not purport or claim to have;

(e) Prescribe the conditions subject to which small quantities of drugs, the import of which is otherwise prohibited under this Chapter, may be imported for the purpose of examination, test or analysis or for personal use;

(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 transport through, and export from,8*[India];

(k) Prescribe the conditions to be observed in the packing in bottles, packages or other containers, of imported drugs3*[or cosmetics] 9*[including the use of packing material which comes into direct contact with the drugs];

(l) Regulate the mode of labelling drugs3*[or cosmetics] imported for sale in packages, and prescribe the matters which shall or shall not be included in such labels;

(m) Prescribe the maximum proportion of any poisonous substance which may be added to or contained in any imported drug, prohibit the import of any drug in which that proportion is exceeded, and specify substances which shall be deemed to be poisonous for the purposes of this Chapter and the rules made here under;

(n) Require that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the label or wrapper of any imported, patent or proprietary medicine containing such drug;

(o) Provide for the exemption, conditionally or otherwise, from all or any of the provisions of this Chapter or the rules made there under of any specified drug or class of drugs3 [or cosmetics or class of cosmetics].

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

1.Substituted by Act 68 of 1982, Section 9, for "after consultation with the Board" (w.e.f. 1-2-1983).

2.Inserted by Act 11 of 1955, Section 7.

3.Inserted by Act 21 of 1962, Section 10 (w.e.f. 27-7-1964).

4.Substituted by Act 68 of 1982, Section 9, for certain words (w.e.f. 1-2-1983).

5.Inserted by Act 13 of 1964, Section 10 (w.e.f. 15-9-1964).

6.Substituted by Act 68 of 1982, Section 9 for "section 9B" (w.e.f. 1-2-1983).

7.Substituted by Act 11 of 1955, Section 7, for "to cure or mitigate" (w.e.f. 15-4-1955).

8.Substituted by Act 3 of 1951, Section 3 and Schedule, for "the States".

9.Inserted by Act 68 of 1982, Section 9 (w.e.f. 1-2-1983).

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



(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 section 9B or any spurious cosmetic referred to in section 9D or any cosmetic of the nature referred to in clause (ee) of section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees;

(b) Any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under section 10, or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;

(c) Any drug or cosmetic in contravention of the provisions of any notification issued under section 10A, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

(2) Whoever having been convicted of an offence-

(a) Under clause (a) or clause (c) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both;

(b) Under clause (b) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(3) The punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section 11.

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

1. Substituted by Act 68 of 1982, Section 10, for section 13 (w.e.f. 1-2-1983).

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



Where any offence punishable under section 13 has been committed, the consignment of the drugs1*[or cosmetics] in respect of which the offence has been committed shall be liable to confiscation.

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

1. Inserted by Act 21 of 1962, Section 11 (w.e.f. 27-7-1964).

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



No Court inferior to that 1*[of a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under section 13.

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

1. Substituted by Act 68 of 1982, Section 11, for certain words (w.e.f. 1-2-1983).

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