| Sections |
Drugs and Cosmetics Act, 1940 |
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Preamble |
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CHAPTER I: INTRODUCTORY |
| 1. |
Short title, extent and commencement |
| 2. |
Application of other laws not barred |
| 3. |
Definitions |
| 3A. |
Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir |
| 4. |
Presumption as to poisonous substances |
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CHAPTER II: THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE DRUGS CONSULTATIVE COMMITTEE |
| 5. |
The Drugs Technical Advisory Board |
| 6. |
The Central Drugs Laboratory |
| 7. |
The Drugs Consultative Committee |
| 7A. |
Section 5 and 7 not to apply to Ayurvedic, Siddha or Unani drug |
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CHAPTER III: IMPORT OF DRUGS AND COSMETICS |
| 8. |
Standards of quality |
| 9. |
Misbranded drugs |
| 9A. |
Adulterated drugs |
| 9B. |
Spurious drugs |
| 9C. |
Misbranded cosmetics |
| 9D. |
Spurious cosmetics |
| 10. |
Prohibition of import of certain drugs or cosmetics |
| 10A. |
Power of Central Government to prohibit import of drugs and cosmetics in public interest |
| 11. |
Application of law relating to sea customs and powers of Customs offices |
| 12. |
Power of Central Government to make rules |
| 13. |
Offences |
| 14. |
Confiscation |
| 15. |
Jurisdiction |
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CHAPTER IV : MANUFACTURE, SALE AND DISTRIBUTION OF 6DRUGS AND COSMETICS |
| 16. |
Standards of quality |
| 17. |
Misbranded drugs |
| 17A. |
Adulterated drugs |
| 17B. |
Spurious drugs |
| 17C. |
Misbranded cosmetics |
| 17D. |
Spurious cosmetics |
| 18. |
Prohibition of manufacture and sale of certain drugs and cosmetics |
| 18A. |
Disclosure of the name of the manufacturer, etc. |
| 18B. |
Maintenance of records and furnishing of information |
| 19. |
Pleas |
| 20. |
Government Analysis |
| 21. |
Inspectors |
| 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. |
Purchase of drug or cosmetic enabled to obtain test or analysis |
| 26A. |
Powers of Central Government to prohibit manufacture, etc., of drug and cosmetic 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, etc. |
| 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 |
| 33. |
Power of Central Government to make rules |
| 33A. |
Chapter not to apply to Ayurvedic; Siddha or Unani drugs |
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CHAPTER IVA : PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS |
| 33B. |
Application of Chapter IVA |
| 33C. |
Ayurvedic and Unani Drugs Technical Advisory Board |
| 33D. |
The Ayurvedic, Siddha and Unani Drugs Consultative Committee |
| 33E. |
Misbranded drugs |
| 33EE. |
Adulterated drugs |
| 33EEA. |
Spurious drugs |
| 33EEB. |
Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs |
| 33EEC. |
Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs |
| 33EED. |
Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest |
| 33F. |
Government Analysts |
| 33G. |
Inspectors |
| 33H. |
Application of provisions of sections 22, 23, 24 and 25 |
| 33-I. |
Penalty for manufacture, sale etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter |
| 33J. |
Penalty for subsequent offences |
| 33K. |
Confiscation |
| 33L. |
Application of provisions to Government departments |
| 33M. |
Cognizance of offences |
| 33N. |
Power of Central Government to make rules |
| 33O. |
Power to amend First Schedule |
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CHAPTER V : MISCELLANEOUS |
| 33P. |
Power to give directions |
| 34. |
Offences by companies |
| 34A. |
Offences by Government departments |
| 34AA. |
Penalty for vexatious search or seizure |
| 35. |
Publication of sentences passed under this Act |
| 36. |
Magistrate’s power to impose enhanced penalties |
| 36A. |
Certain offences to be tried summarily |
| 37. |
Protection of action taken in good faith |
| 38. |
Rules to be laid before Parliament |
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THE FIRST SCHEDULE |
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THE SECOND SCHEDULE : STANDARDS TO BE COMPLIED WITH BY IMPORTED DRUGS AND BY DRUGS MANUFACTURED FOR SALE, SOLD, STOCKED OR EXHIBITED FOR SALE OR DISTRIBUTED |
