Preface | iii |
Table of Cases | xi |
1. Short title, extent and commencement | 1 |
2. Application of other laws not barred | 3 |
3. Definition | 4 |
4. Presumption as to poisonous substances | 14 |
5. The Drugs Technical Advisory Board | 15 |
6. The Central Drugs Laboratory | 17 |
7. The Drugs Consultative Committee | 20 |
7A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs | 21 |
8. Standards of quality | 21 |
9. Misbranded drugs | 23 |
9A. Adulterated drugs | 23 |
9B. Spurious drugs | 24 |
9C. Misbranded cosmetics | 24 |
9D. Spurious cosmetics | 24 |
10. Prohibition of import of certain drugs or cosmetics | 27 |
10A. Power of Central Government to prohibit import of drugs and cosmetics in public interest | 28 |
11. Application of law relating to sea customs and powers of Customs officers | 29 |
12. Power of Central Government to make rules | 30 |
13. Offenses | 36 |
14. Confiscation | 37 |
15. Jurisdiction | 37 |
16. Standards of quality | 37 |
17. Misbranded drugs | 40 |
17A. Adulterated drugs | 40 |
17B. Spurious drugs | 41 |
17C. Misbranded cosmetics | 41 |
17D. Spurious cosmetics | 42 |
17E. Adulterated cosmetics | 42 |
18. Prohibition of manufacture and sale of certain drugs and cosmetics | 45 |
18A. Disclosure of the name of the manufacturer, etc | 46 |
18B. Maintenance of records and furnishing of information | 46 |
19. Please | 74 |
20. Government Analysts | 77 |
21. Inspectors | 79 |
22. Powers of Inspectors | 84 |
24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept | 100 |
25. Reports of Government Analysts | 100 |
26. Purchaser of drug or cosmetic enabled to obtain test or analysis | 113 |
26A. Powers of Central Government to regulate, restrict or prohibit manufacture, etc., of drug and cosmetic in public interest | 113 |
26B. Power of Central Government to regulate or restrict,manufacture, etc., of drug in public interest | 113 |
27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter | 124 |
27A. Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter | 126 |
28. Penalty for non-disclosure of the name of the manufacturer, etc. | 138 |
28A. Penalty for not keeping documents, etc., and for non-disclosure of information | 138 |
28B. Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A | 139 |
29. Penalty for use of Government Analyst’s report for advertising | 140 |
30. Penalty for subsequent offences | 140 |
31. Confiscation | 141 |
31A. Application of provisions to Government departments | 142 |
32. Cognizance of offences | 142 |
32A. Power of Court to implead the manufacturer, etc. | 143 |
32B. Compounding of certain offences | 143 |
33. Power of Central Government to make rules | 152 |
33A. Chapter not to apply to Ayurvedic, Siddha or Unani drugs | 155 |
33B. Application of Chapter IVA | 155 |
33C. Ayurvedic and Unani Drugs Technical Advisory Board | 155 |
33D. The Ayurvedic, Siddha and Unani Drugs Consultative Committee | 157 |
33E. Misbranded drugs | 157 |
33EE. Adulterated drugs | 157 |
33EEA. Spurious drugs | 158 |
33EEB. Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs | 159 |
33EEC. Prohibition of manufacture and sale of certain Ayurvedic,Siddha and Unani drugs | 159 |
33EED. Power of Central Government to prohibit manufacture, etc.,of Ayurvedic, Siddha or Unani drugs in public interest | 160 |
33F. Government Analysts | 160 |
33G. Inspectors | 160 |
33H. Application of provisions of sections 22, 23, 24 and 25 | 161 |
33-I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter | 161 |
33J. Penalty for subsequent offences | 162 |
33K. Confiscation | 163 |
33KA. Disclosure of name of manufacturer, etc. | 163 |
33KB. Maintenance of records and furnishing of information | 163 |
33L. Application of provisions to Government departments | 163 |
33M. Cognizance of offences | 164 |
33N. Power of Central Government to make rules | 164 |
33-O. Power to amend First Schedule | 165 |
33P. Power to give directions | 166 |
34. Offences by companies | 177 |
34A. Offences by Government departments | 178 |
34AA. Penalty for vexatious search or seizure | 178 |
35. Publication of sentences passed under this Act | 193 |
36. Magistrate’s power to impose enhanced penalties | 193 |
36A. Certain offences to be tried summarily | 194 |
36AB. Special Courts | 194 |
36AC. Offences to be cognizable and non-bailable in certain cases | 195 |
36AD. Application of Bharatiya Nagarik Suraksha Sanhita, 2023 [Code of Criminal Procedure, 1973] to proceedings before Special Court | 197 |
36AE. Appeal and revision | 196 |
37. Protection of action taken in good faith | 199 |
38. Rules to be laid before Parliament | 199 |