The Drugs and Cosmetics Act, 1940




Yüklə 276.48 Kb.
səhifə13/14
tarix17.04.2016
ölçüsü276.48 Kb.
1   ...   6   7   8   9   10   11   12   13   14

33J. Penalty for subsequent offences –

Whoever having been convicted of an offences, --


            (a)      Under clause (a) of sub-section (1) of section 33I is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than two thousand rupees;
            (b)      Under clause (b) of sub-section (1) of section 33I is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to six 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 two years and of fine of less than five thousand rupees;

        (c)      Under sub-section (2) of section 33I is again convicted of an offence under that sub-section, shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than one thousand rupees.]




33K. Confiscation –

Where any person has been convicted under this Chapter, the stock of the [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drug, in respect of which the contravention has been made, shall be liable to confiscation.




33L. Application of provisions to Government departments –

The provisions of this Chapter except those contained in section 33K shall apply in relation to the manufacture for sale, sale or distribution of any [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drug by any department of Government as they apply in relation to the manufacture for sale, sale or distribution of such drug by any other person.




33M. Cognizance of offences –

(1). No prosecution under this Chapter shall be instituted except by an Inspector [(Note: Ins. by Act 68 of 1982, sec.34 (w.e.f. 01.02.1983)) with the previous sanction of the authority specified under sub-section (4) of section 33G].


(2). No Court inferior to that [(Note: Subs. by Act 68 of 1982, sec.34, for "of a Presidency Magistrate or of a Magistrate of the first class" (w.e.f. 01.02.1983)) of a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under this Chapter.

33N. Power of Central Government to make rules –
(1) The Central Government may, [(Note: Subs. by Act 68 of 1982, sec.35, for "after consultation with the Board" (w.e.f. 01.02.1983)) 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:
        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 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)      Provide for the establishment of laboratories for testing and analysing [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drugs;
(b)      Prescribe the qualifications and duties of Government Analysts and the qualifications of Inspectors;
(c)      Prescribe the methods of test or analysis to be employed in determining whether any [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drug is labeled with the true list of the ingredients which it is purported to contain;
                (d)      Specify any substance as a poisonous substance;
(e)      Prescribe the forms of licences for the manufacture for sale of [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drugs, [(Note: Ins. by Act 68 of 1982, sec.35 (w.e.f.01.02.1983)) and for sale of processed Ayurvedic, Siddha or Unani drugs,] the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same and the fees payable therefor, [(Note: Ins. by Act 68 of 1982, sec.35 (w.e.f.01.02.1983)) and provide for the cancellation or suspension of such licences in any case where any provision of this Chapter or rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with];
[(f)      (Note: Subs. by Act 68 of 1982, sec.35, for "clause (f)" (w.e.f. 01.02.1983)) Prescribe the conditions to be observed in the packing of Ayurvedic, Siddha and Unani drugs including the use of packing material which comes into direct contact with the drugs, regulate the mode of labeling packed drugs and prescribe the matters which shall or shall not be included in such labels;]
(g)      Prescribe the conditions subject to which small quantities of [(Note: Subs. by Act 68 of 1982, sec.2 for certain words (w.e.f. 01.02.1983)) Ayurvedic, Siddha or Unani] drugs may be manufactured for the purpose of examination, test or analysis; and
[(gg)     (Note: Ins. by Act 68 of 1982, sec.35 (w.e.f. 01.02.1983)) Prescribe under clause (d) of section 33EE the colour or colours which an Ayurvedic, Siddha or Unani drug may bear or contain for purposes of colouring ;
(gga)      Prescribe the standards for Ayurvedic, Siddha or Unani drugs under section 33EB;]
                (h)        Any other matter which is to be or may be prescribed under this Chapter.

33-O.    Power to amend First Schedule –
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 amend the First Schedule for the purposes of this Chapter and thereupon the said Schedule shall be deemed to be amended accordingly.
(Note: Subs. by Act 11 of 1955, sec.16, for section 34)

33P. Power to give directions (Note: Ins. by Act 35 of 1960, sec.11 (w.e.f. 16.03.1961)) (Note: Section 33A re-numbered as section 33P by Act 13 of 1964, sec.27 (w.e.f. 15.09.1964). –
The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order made thereunder.]

34. Offences by companies –
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
        Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2)      Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation – For the purposes of this section –
(a)      "company" means a body corporate, and includes a firm or other association of individuals ; and
            (b)      "director" in relation to a firm means a partner in the firm.
34A. Offences by Government Departments (Note: Subs. by Act 13 of 1964, sec.28 (w.e.f. 15.09.1964)) –
Where an offence under Chapter IV or Chapter IVA has been committed by any department of Government, such authority as is specified by the Central Government to be in charge of manufacture, sale or distribution of drugs or where no authority is specified, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
        Provided that nothing contained in this section shall render any such authority or person liable to any punishment provided in Chapter IV or Chapter IVA, as the case may be, if such authority or person proves that the offence was committed without its or his knowledge or that such authority or person exercised all due diligence to prevent the commission of such offence.]

1   ...   6   7   8   9   10   11   12   13   14


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©azrefs.org 2016
rəhbərliyinə müraciət

    Ana səhifə