The Drugs and Cosmetics Act, 1940




Yüklə 276.48 Kb.
səhifə4/14
tarix17.04.2016
ölçüsü276.48 Kb.
1   2   3   4   5   6   7   8   9   ...   14

COMMENTS

        Any import to goods, of which the importation is prohibited by law, cannot be a valid import under the Act. So, goods so imported cannot be treated to be lawfully 'imported goods' ; S. Mohammed v. Asstt. Collector, Customs, AIR 1970 Cal 134.


[10A.  (Note: Ins. by Act 68 of 1982, sec.7 (w.e.f. 01.02.1983)) 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.]

COMMENTS

        The Central Government on the basis of the expert advice can indeed adopt an approved national policy and prescribe an adequate number of formulations, which would on the whole meet the requirement of the people at large. While laying the guidelines on this score, injurious drugs should be totally eliminated from the market; Vincent Panikurlangara v. Union of India, AIR 1987 SC 990.


11. Application of law relating to sea customs and powers of Customs Officers –
(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 (Note: Now see the Customs Act, 1962.) shall, subject to the provisions of section 13 of this Act, apply in respect of drugs [(Note: Ins. by Act 21 of1962, sec.9 (w.e.f. 27.07.1964)) 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 a Customs Collector and other officers of Customs, shall have the same powers in respect of such drugs [(Note: Ins. by Act 21 of 1962, sec.9 (w.e.f. 27.07.1964)) and cosmetics] as they have for the time being in respect of such goods as aforesaid.
[(2)    (Note: Subs. by Act 11 of 1955, sec.6, for sub-section (2)) Without prejudice to the provisions of sub-section (1), the Customs Collector 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 drug [(Note: Ins. by Act 21 of 1962, sec.9 (w.e.f. 27.07.1964)) 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 drug [ (Note: Ins. by Act 21 of 1962, sec.9 (w.e.f. 27.07.1964)) or cosmetic] found therein to the Central Drugs Laboratory.]

COMMENTS

(i)    The tainted goods may be confiscated without proceeding personally against any person and without coming to a finding as to who was the smuggler; Shermal Jain v. Collector of Central Excise, AIR 1956 Cal 621.


(ii)     Mere unlawful possession of prohibited goods does not lead to conclusion that the goods had been imported unlawfully. Onus is on the custom authorities to prove the breach of prohibition order; Kanungo & Co. v. Collector of Customs, AIR 1965 Cal 248: (1965) 1 Cri LJ 547.
12. Power of Central Government to make rules –
(1) The Central Government may, [(Note: Subs. by Act 68 of 1982, sec.9, 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:
        [(Note: Ins. by Act 11 of 1955, sec.7) 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 drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) or cosmetics or classes of cosmetics] for the import of which a licence is required, [(Note: Subs. by Act 68 of 1982, sec.9, for certain words (w.e.f. 01.02.1983)) 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 thereunder is contravened or any of the conditions subject to which the licence is issued is not complied with ];


(b)      Prescribe the methods of test of test or analysis to be employed in determining whether a drug [(Note: Ins. by Act 21 of 1962, sec. 10 (w.e.f. 27.07.1964)) or cosmetic] is of standard quality;
(c)      Prescribe, in respect of biological and organometallic compounds, the units or methods of standardisation;
(cc)    (Note: Ins. by Act 13 of 1964, sec. 10 (w.e.f. 15.09.1964)) Prescribe under clause (d) of [(Note: Subs. by Act 68 of 1982, sec.9 for "section 9B" (w.e.f. 01.02.1983)) 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 claim [(Note: Subs. by Act 11 of 1955, sec.7, for "to cure or mitigate" 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 drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) 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 drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) 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 drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) 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 drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) 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 drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) or cosmetics] imported for the purpose only of transport through, and export from, [(Note: Subs. by Act 3 of 1951, sec.3 and Sch., for "the States.") India];
(k)    Prescribe the conditions to be observed in the packing in bottles, packages or other containers, of imported drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) or cosmetics] [(Note: Ins. by Act 68 of 1982, sec.9 (w.e.f. 01.02.1983)) including the use of packing material which comes into direct contact with the drugs];
(l)     Regulate the mode of labeling drugs [(Note: Ins. by Act 21 of 1962, sec.10 (w.e.f. 27.07.1964)) 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 thereunder;
(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 thereunder of any specified drug or class of drugs [(Note: Ins. by Act 21 of 1962 (w.e.f. 27.07.1964)) or cosmetics or class of cosmetics].

13.  (Note: Subs. by Act 68 of 1982, sec.10, for section 13 (w.e.f. 01.02.1983)) Offences –


(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   2   3   4   5   6   7   8   9   ...   14


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

    Ana səhifə