The Drugs and Cosmetics Act, 1940




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33EEA. Spurious drugs –

For the purposes of this Chapter, an Ayurvedic, Siddha or Unani drug shall be deemed to be spurious –


(a)      If it is sold, or offered or exhibited for sale, 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 any other drug or substance; or
            (e)      If it purports to be the product of a manufacturer of whom it is not truly a product.
33EEB.  Regulation of manufacturer for sale of Ayurvedic, Siddha and Unani drugs –
No person shall manufacture for sale or for distribution any Ayurvedic, Siddha or Unani drug except in accordance with such standards, if any, as may be prescribed in relation to that drug.

33EEC. Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs
From such date as the State Government may, by notification in the Official Gazette, specify in this behalf, no person, either by himself or by any other person on his behalf, shall –
        (a)      Manufacture for sale or for distribution—
                (i). Any misbranded, adulterated or Ayurvedic, siddha or Unani drug;
(ii). Any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof the true list of all the ingredients contained in it; and
(iii). Any Ayurvedic, Siddha or Unani drug in contravention of any of the provisions of this Chapter or any rule made thereunder;
(b)      Sell, stock or exhibit or offer for sale or offer for sale or distribute any Ayurvedic, Siddha or Unani drug which has been manufactured in contravention of any of the provisions of this Act, or any rule made thereunder:
(c)      Manufacture for sale or for distribution, any Ayurvedic, Siddha or Unani drug, except under, and in accordance with the conditions of, a licence issued for such purpose under this Chapter by the prescribed authority.
        Provided that nothing in this section shall apply to Vaidyas and Hakims who manufacture Ayurvedic, Siddha or Unani drug for the use of their own patients:
        Provided further that nothing in this section shall apply to the manufacture, subject to the prescribed conditions, of small quantities of any Ayurvedic, Siddha or Unani drug for the purpose of examination, test or analysis.
33EED.  Power of Central Government to prohibit manufacture, etc., of Ayurvedic, Siddha or Unani drugs in public interest –
Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied on the basis of any evidence or other material available before it that the use of any Ayurvedic, Siddha or Unani drug is likely to involve any risk to human beings or animals or that any such drug does not have the therapeutic value claimed or purported to be claimed for it 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 manufacture, sale or distribution of such drug.]

33F. Government Analysts –
(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be Government Analysts for such areas as may be assigned to them by the Central Government or the State Government, as the case may be.
(2). Notwithstanding anything contained in sub-section (1), neither the Central Government nor a State Government shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government under which he is serving.
(3). [(Note: Subs. by Act 68 of 1982, sec.32 (w.e.f. 01.02.1983)) No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be a Government Analyst under this section.]

COMMENTS

        The opinion of an Analyst, not recognised under section 33F, cannot be relied upon, whatever may be his qualifications; State v. Rajamani, 1982 Cri LJ (NOC) 71.



33G. Inspectors –

(1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such areas as may be assigned to them by the Central Government or the State Government as the case may be.


(2) The powers which may be exercised by an Inspector and the duties which may be performed by him and the conditions, limitations or restrictions subject to which such powers and duties may be exercised or performed shall be such as may be prescribed.
(3). No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be an Inspector under this section.
(4). Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and shall be officially sub-ordinate to such authority as the Central Government appointing him may specify in this behalf.


33H.    Application of provisions of sections 22, 23, 24 and 25 –
The provisions of sections 22, 23, 24 and 25 and the rules, if any, made thereunder shall, so far as may be, apply in relation to an Inspector and a Government Analyst appointed under this Chapter as they apply in relation to an Inspector and a Government Analyst appointed under Chapter IV, subject to the modification that the references to "drug" in the said sections, shall be construed as references to [(Note: Subs. by Act 68 of 1982, sec.2 for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drug.

33I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter (Note: Subs. by Act 68 of 1982, sec.33, for sections 33I and 33J (w.e.f. 01.02.1983))–
Whoever himself or by any other person on his behalf—
(1)     Manufactures for sale or for distribution –
            (a)      Any Ayurvedic, Siddha or Unani drug –
                    (i)       Deemed to be adulterated under section 33EE, or
(ii)      Without a valid licence as required under clause (c) of section 33EEC, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than two thousand rupees;
(b)      Any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees:
            Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year and of fine of less than five thousand rupees; or
(2). Contravenes any other provisions of this Chapter or of section 24 as applied by section 33H or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to three months and with fine which shall not be less than five hundred rupees.


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