The Drugs and Cosmetics Act, 1940




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COMMENTS

A Chemist in a bottling company is an officer of the company; Municipal Corporation of Delhi v. G. S. Gujaral, 1972 FAC 621 (del).


34AA.  Penalty for vexatious search or seizure (Note: Ins. by Act 68 of 1982, sec.36 (w.e.f. 01.02.1983)). —
Any Inspector exercising powers under this Act or the rules made thereunder, who, --
(a)      Without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance; or
            (b)      Vexatiously and unnecessarily searches any person; or
(c)      Vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or
(d)      Commits, as such Inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees.]
35.   Publication of sentences passed under this Act –
(1) If any person is convicted of an offence under this Act, [the Court before which the conviction takes place shall, on application made to it by the Inspector, cause] the offender’s name, place of residence, the offence of which he has been convicted and the penalty which has been inflicted upon him to be published at the expense of such person in such newspapers or in such other manner as the Court may direct.
(2)    The expenses of such publication shall be deemed to form part of the costs relating to the conviction and shall be recoverable in the same manner as those costs are recoverable.

36.   Magistrate’s power to impose enhanced penalties –
Notwithstanding anything contained in (Note: The words and figures "section 32 of" omitted by Act 13 of 1964, sec.29 (w.e.f. 15.09.1964)) [(Note: Subs. by Act 68 of 1982, sec.38, for "the Code of Criminal Procedure, 1898" (w.e.f. 01.02.1983)) the Code of Criminal Procedure, 1973], it shall be lawful for [(Note: Subs. by Act 68 of 1982, sec.38, for "any Presidency Magistrate of any Magistrate of the first class" (w.e.f. 01.02.1983)) any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorized by this Act excess of his powers under (Note: The words and figures "section 32 of" omitted by Act 13 of 1964, sec.29 (w.e.f. 15.09.1964)) the said Code.
36A.  Certain offences to be tried summarily (Note: Ins. by Act 68 of 1982, sec.39, (w.e.f. 01.02.1983))–
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act, punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33I, shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial :
        Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year:
        Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by the said Code.]
37. Protection of action taken in good faith –
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

COMMENTS

In determining the question of "good faith" the Court should take into account the intellectual capacity of the accused and the surrounding facts; Muhammad Gul v. Haji Fazley Karim, ILR 56 Cal 1013.


38.  Rules to be laid before Parliament (Note: Ins. by Act 13 of 1964, sec.30 (w.e.f. 15.09.1964))–
Every rule made this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, [(Note: Subs. by Act 68 of 1982, sec.40, for certain words (w.e.f. 01.02.1983)) and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
(Note: Subs. by Act 13 of 1964, sec.31, for the Schedule, the First Schedule came into force w.e.f. 1-2-1969 and the Second Schedule came into force (w.e.f. 15.09.1964))


THE FIRST SCHEDULE

[See section 3(a)]


(Note: Subs. by Act 68 of 1982, sec.41, for the heading "A. - AYURVEDIC (INCLUDING SIDDHA) SYSTEM" (w.e.f. 01.02.1983))
[A.—AYURVEDIC AND SIDDHA SYSTEMS]
Ayurveda
Serial No.
Name of bookAYURVEDA
1.
Arogya Kalpadruma
2.

Arka Prakasha


3.


Arya Bhishak

4.


Ashtanga Hridaya

5.


Ashtanga Samgraha

6.


Ayurveda Kalpadruma

7.


Ayurveda Prakasha

8.


Ayurveda Samgraha

9.


Bhaishajya Ratnavali

10.

Bharat Bhaishajya Ratnakara
11.
Bhava Prakasha
12.
Brihat Nighantu Ratnakara
13.
Charaka Samhita
14.
Chakra Datta
15.
Gada Nigraha
16.
Kupi Pakva Rasayana
17.
Nighantu Ratnakara
18.
Rasa Chandanshu
19.
Rasa Raja Sundara
20.
Rasaratna Samuchaya
21.
Rasatantra Sara Siddha Prayoga Samgraha
22.
Rasa Tarangini
23.
Rasa Yoga Sagra
24.
Rasa Yoga Ratnakara
25.
Rasa Yoga Samgraha
26.
Rasendra Sara Samgraha
27.
Rasa Pradipika
28.
Sahasrayoga
29.
Sarvaroga Chikitsa Ratnam
30.
Sarvayoga Chikitsa Ratnam
31.
Siddha Bhaishajya Manimala
32.
Sharangadhara Samhita
33.
Siddha Yoga Samgraha
34.
Sushruta Samhita
35.
Vaidya Chintamani
36.
Vaidyaka Shabda Sindu
37.
Vaidyaka Chikitsa Sara
38.
Vaidya Jiwan
39.
Basava Rajeeyam
40.
Yoga Ratnakara
41.
Yoga Tarangini
42.
Yoga Chintamani
43.
Kashyapasamhita
44.
Bhelasamhita
45.
Vishwanathachikitsa
46.
Vrindachikitsa
47.
Ayurvedachintamani
48.
Abhinavachintamani
49.
Ayurveda-ratnakar
50.
Yogaratnasangraha

51.

Rasamrita

52.

Dravyagunanighantu

53.

Rasamanjari

54.

Bangasena

54-A.

(Note: Ins. by GSR 735(E), dated 28th August, 1987) Aurvedic Formulary of India (Part-I)

54-B.

Aurveda Sara Sangraha.]

SIDDHA

55.

Siddha Vaidya Thirattu


56.

Therayar Maha Karisal

57.

Brahma Muni Karukkadi (300)

58.

Hogar (700)

59.

Pulippani (500)

60.

Agasthiya Paripuranam (400)

61.

Therayar Yamagam

62.

Agasthiya Chenduram (300)

63.

Agasthiyar (1500)

64.

Athmarakshamrutham

65.

Agasthiyar Pin (80)

66.

Agasthiyar Rathna Churukkam

67.

Therayar Karisal (300)

68.

Veeramamuni Nasa Kandam

69.

Agasthiyar (600)

70.

Agasthiyar Kanma Soothiram

71.

18 Siddhar’s Chillarai Kovai

72.

Yogi Vatha Kaviyam

73.

Therayar Tharu

74.

Agasthiyar Vaidya Kaviyam (1500)

75.

Bala Vagadam

76.

Chimittu Rathna (Rathna) Churukkam

77.

Nagamuni (200)

78.

Agasthiyar Chillarai Kovai

79.

Chiktsa Rathna Deepam

80.

Agasthiyar Nayana Vidhi

81.

Yugi Karisal (151)

82.

Therayar Thaila Varkam

83.

Agasthiya Vallathi (600)

84.

(Note: Added by GSR 735(E), dated 28th August, 1987) Siddha Formulary of Unani Medicine (Part-I)

                                (Note: Subs. by Act 68 of 1982, sec.41, for the heading "B-UNANI (TIBB) SYSTEM" (w.e.f. 01.02.1983)                                                                                         [B. – UNANI TIBB SYSTEM]


1.


Karabadin Qadri

2.


Karabadin Kabir

3.


Karabadin Azam

4.


Iiaj-ul-amraz

5.


Al Karabadin

6.


Biaz Kabir Vol.II

7.


Karabadin Jadid

8.


Kitab-ul-Taklis

9.


Sanat-ul-Taklis

10.

Mifta-ul-Khazain

11.

Madan-ul-Aksir

12.

Makhzan-ul-Murabhat

13.

(Note: Added by GSR 735(E), dated 28th August, 1987) National Formulary of Unani Medicine (Part-I)

THE SECOND SCHEDULE

(See sections 8 and 16)
STANDARDS TO BE COMPLIED WITH BY IMPORTED DRUGS AND BY DRUGS MANUFACTURED FOR SALE, SOLD, STOCKED OR EXHIBITED FOR SALE FOR DISTRIBUTED

Serial No.


Class of drug


Standard to be complied with


1.Patent or proprietary medicines [(Note: Ins. by Notification No. S.O. 887, dated 19th March, 1966, Gazette of India, Pt. II, Sec.3(ii), p.819) other than Homoeopathic medicines]. The formula or list of ingredients displayed in the prescribed manner on the label or container and such other standards as may be prescribed.2.Substances commonly known as vaccines, sera, toxine, toxoids, antitoxins, and antigens and biological products of such nature.The standards maintained at the International Laboratory for Biological Standards, Stantans Seruminstitut, Copenhagen, and such further standards of strength, quality and purity as may be prescribed.3.
 
Vitamins, hormones and analogous products.
 
The standards maintained at the International Laboratory for Biological Standards, National Institute for Medical Research, London, and such further standards of strength, quality and purity as may be prescribed.4.Substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals.Such standards as may be prescribed.4-A.(Note: Subs. by Notification No. S.O. 820, dated 6th June, 1978, Gazette of India, Pt. II, Sec. 3(ii), p.1471) Homoeopathic Medicines:  (a)   Drugs included in the Homoeopathic Pharmacopoeia of India.
 
Standards of identity, purity and strength specified in the edition of the Homoeopathic Pharmacopoeia of India for the time being and such other standards as may be prescribed.(b)   Drugs not included in the Homoeopathic Pharmacopoeia of India but which are included in the  Homoeopathic Pharmacopoeia of United States of America or the United Kingdom or the German  Homoeopathic Pharmacopoeia.Standards of identity, purity and strength prescribed for the drugs in the edition of such  Pharmacopoeia for the time being in which they are given and such other standards as may be prescribed.(c)   Drugs not included in the   Homoeopathic Pharmacopoeia of India or the United States of America, or  the United Kingdom or the German  Homoeopathic Pharmacopoeia.The formula or list of ingredients displayed in the prescribed manner on the lable of the container and such other standards as may be prescribed by the Central Government].5.[(Note: Subs. by Notification No. S.O. 885, dated 4th August, 1973, Gazette of India, Pt. II, Sec. 3(ii), p.1643.) Other drugs:  (a)   Drugs included in the Indian Pharmacopoeia.
 
 
 
 
Standards of identity, purity and strength specified in the edition of the Indian Pharmacopoeia for the time being and such other standards as may be prescribed.
In case the standards of identity, purity and strength for drugs are not specified in the edition of the Indian Pharmacopoeia for the time being in force but are specified in the edition of the Indian Pharmacopoeia immediately preceding, the standards of identity, purity and strength shall be those occurring in such immediately preceding edition of the Indian Pharmacopoeia and such other standards as may be prescribed.
(b)   Drugs not included in the Indian Pharmacopoeia but which are included in the official Pharmacopoeia of any other country.
 
 
 
 
Standards of identity, purity and strength specified for drugs in the edition of such offcial Pharmacopoeia of any other country for the time being in force and such other standards as may be prescribed.
In case the standards of identity, purity and strength for drugs are not specified in the edition of such official Pharmacopoeia for the time being in force but are specified inthe edition immediately strength shall be those occurring in such immediately preceding edition of such official Pharmacopoeia and such other standards as may be prescribed.]
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