The Drugs and Cosmetics Act, 1940




Yüklə 276.48 Kb.
səhifə5/14
tarix17.04.2016
ölçüsü276.48 Kb.
1   2   3   4   5   6   7   8   9   ...   14

COMMENTS

            Oral evidence can be led to prove previous conviction only if the original judgement of previous conviction has been lost; City Board Saharampur v. Abdul Waheed, AIR 1959 All 695.



14. Confiscation—
Where any offence punishable under section 13 has been committed, the consignment of the drugs [(Note: Ins. by Act 21 of 1962, sec.11 (w.e.f. 27.07.1964)) or cosmetics] in respect of which the offence has been committed shall be liable to confiscation.

15. Jurisdiction –
No Court inferior to that [(Note: Subs. by Act 68 of 1982, sec.11, for certain words (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 section 13.
(Note: Subs. by Act 68 of 1982, sec.12, for "DRUGS" (w.e.f. 01.02.1983)).
       

16. Standards of quality—


[(1)(Note: Subs. by Act 21 of 1962, sec.12, for sub-section (1) (w.e.f. 27.07.1964)) For the purposes of this Chapter, the expression "standard quality" means –
(a)      In relation to a drug, that the drug complies with the standard set out in [the Second Schedule], and
(b)      In relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.]
(2) The [(Note: Subs. by Act 11 of 1955, sec.8, for "State Government".) 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 [(Note: Subs. by Act 13 of 1964, sec.11, for "the Schedule" (w.e.f. 15.09.1964)) the Second Schedule] for the purposes of this Chapter, and thereupon [(Note: Subs. by Act 13 of 1964, sec.11, for "the Schedule" (w.e.f. 15.09.1964)) the Second Schedule] shall be deemed to be amended accordingly.

COMMENTS

        The standards of qualities are fixed by the Government after due deliberation and after consulting a committee of competent men, it is for them to give due allowance for probable errors before fixing a standard. When a standard has been fixed it has to be observed strictly; State of Kerala v. Vasudevan Nair, 1974 KLT 617 (FB): 1975 Cri LJ 97.


[17.  (Note: Subs. by Act 68 of 1982, sec.13, for "section 17, 17A and 17B" (w.e.f. 01.02.1983)) Misbranded drugs –
For the purposes of this Chapter, a drug shall be deemed to be misbranded, -
(a)      If it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is ; or
                (b)      If it is not labeled in the prescribed manner; or
(c)      If its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.
17A.  Adulterated drugs –
For the purposes of this Chapter, a drug shall be deemed to be adulterated, -
            (a)      If it consists in whole or in part, of any filthy, putrid or decomposed substance; or
(b)      If it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or
(c)      If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(d)      If it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or
(e)      If it contains any harmful or toxic substance which may render it injurious to health; or
            (f)       If any substance has been mixed therewith so as to reduce its quality or strength.


17B. Spurious drugs –

For the purposes of this Chapter, a drug shall be deemed to be spurious –


            (a)      If it is manufactured 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 another drug or substance; or
            (e)      If it purports to be the product of a manufacturer of whom it is not truly a product.

17C.  Misbranded cosmetics –
For the purposes of this Chapter, a cosmetic shall be deemed to be misbranded, --
            (a)      If it contains a colour which is not prescribed; or
            (b)      If it is not labeled in the prescribed manner; or
(c)     If the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular.


17D.  Spurious cosmetics –

For the purposes of this Chapter, a cosmetic shall be deemed to be spurious, --


            (a)      If it is manufactured under a name which belongs to another cosmetic; or
(b)      If it is an imitation of, or a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or
(c)      If the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist ; or
            (d)      If it purports to be the product of a manufacturer of whom it is not truly a product.]

18. Prohibition of manufacture and sale or certain drugs and cosmetics –
From such date (Note: 1st April, 1947, for sub-clauses (i), (ii), (iv) and (v) of clause (a) and clause (b) and (c); 1st April, 1949 for sub-clause (iii) of clause (a) in so far as it takes effect in Delhi, Ajmer and Coorg, see Notification No. 18-12-46-D, II, dated 11th February, 1947, Gazette of India, 1947, Pt. I, p. 189, as amended by Notification No. F.1-2/48-D(II), dated 29th September, 1948; 1st April, 1953 for the States of Himachal Pradesh, Bilaspur, Kutch, Bhopal, Tripura, Vindhya Pradesh and Manipur, vide Notification No. S.R.O. 664, dated 30th March, 1953, Gazette of India, 1953, Pt. II, Sec.3, p.451) as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf-
(a)      [(Note:  manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, ] or distribute –
(i)       [(Note: Subs. by Act 68 of  1982, sec.14, for clause (i), (ii) and (iia) (w.e.f. 01.02.1983) Any drug which is not of a standard quality, or is misbranded, adulterated or spurious;
(ii)      Any cosmetic which is not of a standard quality or is misbranded or spurious; ]
(iii)      [(Note: Subs. by Act 11 of 1955, sec.9, for sub-clause (iii)) Any patent or proprietary medicine, unless there is displayed in the   prescribed manner on the label or container thereof [(Note: Subs. by Act 68 of 1982, sec.14 the true formula or list of active ingredients contained in it together with the quantities, thereof];]
(iv)     Any drug which by means of any statement design or device accompanying it or by any other means, purports or claims [(Note: Subs. by Act 11 of 1955, sec.9, for "to cure or mitigate") to prevent, cure or mitigate] any such disease or ailment, or to have any such other effect as may be prescribed;
(v) [(Note: Subs. by Act 21 of 1962, sec.14, for sub-clause (v) (w.e.f. 27.07.1964)) Any cosmetic containing any ingredient, which may render it unsafe or harmful for use under the directions, indicated or recommended;
(vi)      Any drug or cosmetic in contravention of any of the provisions of this Chapter or any rule made thereunder;]
(b). [(Note: Subs. by Act 68 of 1982, sec.14, for certain words (w.e.f. 01.02.1983)) sell or stock or exhibit or offer for sale,] or distribute any drug [(Note: Ins. by Act 11 of 1955, sec.14 (w.e.f. 27.07.1964)) or cosmetic] which has been imported or manufactured in contravention of any of the provisions of this Act or any rule made thereunder,
(c). (Note: Subs. by Act 68 of 1982, sec.14, for certain words (w.e.f. 01.02.1983)) manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute any drug [(Note: Ins. by Act 21 of 1962, sec.14 (w.e.f. 27.07.1964)) or cosmetic], except under, and in accordance with the conditions of, a licence issued for such purpose under this Chapter.
            Provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis;
            Provided further that the [(Note: Subs. by Act 11 of 1955, sec.9, for "State Government") Central Government] may, after consultation with the Board by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the [(Note: Subs. by Act 68 of 1982, sec.14 (w.e.f. 01.02.1983)) manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale] or distribution of any drug or class of drugs not being of standard quality.
            (Note: The Explanation omitted by Act 68 of 1982, sec.14 (w.e.f. 01.02.1983)).
1   2   3   4   5   6   7   8   9   ...   14


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

    Ana səhifə