Jurisprudence: Drugs and Cosmetic Act

Defination: The Drugs and Cosmetics Act, 1940 is an act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India.[1] The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards.[2] The related Drugs and Cosmetics Rules, 1945 contains provisions for classification of drugs under given schedules and there are guidelines for the storage, sale, display and prescription of each schedule


Amendments:

The act has been amended several times. The following are a list of amending acts:

  1. The Drugs (Amendment) Act, 1960 (35 of 1960)
  2. The Drugs (Amendment) Act, 1962 (21 of 1962)
  3. The Drugs and Cosmetics (Amendment) Act, 1964 (13 of 1964)
  4. The Drugs and Cosmetics (Amendment) Act, 1972 (19 of 1972)
  5. The Drugs and Cosmetics (Amendment) Act, 1982 (68 of 1982)
  6. The Drugs and Cosmetics (Amendment) Act, 1986
  7. The Drugs and Cosmetics (Amendment) Act, 1995 (71 of 1995)
  8. The Drugs and Cosmetics (Amendment) Act, 2008 (26 of 2008)
  9. Recent amendments - The Drugs and Cosmetics (Amendment) Act, 2017     
  10. 1. Short title, extent and commencement.⎯ (1) This Act may be called the Drugs 2 [and Cosmetics] Act, 1940. (2) It extends to the whole of India 4 [ * * *]. (3) It shall come into force at once; but Chapter III shall take effect only from such date 5 as the Central Government may, by notification in the Official Gazette, appoint in this behalf, and Chapter IV shall take effect in a particular State only from such date 5 as the State Government may, by like notification, appoint in this behalf: 6 [Provided that in relation to the State of Jammu and Kashmir, Chapter III shall take effect only from such date10 after the commencement of the Drugs and Cosmetics (Amendment) Act, 1972 (19 of 1972), as the Central Government may, by notification in the Official Gazette, appoint in this behalf.]
  11.  2. Application of other laws not barred.-
  12.  The provisions of this Act shall be in addition to and not in derogation of, the Dangerous Drugs Act, 1930 (2 of 1930), and any other law for the time being in force.
  13.  3. Definitions.—In this Act, unless there is anything repugnant in the subject or context, 7 [(a) ―8 [Ayurvedic, Siddha or Unani] drug‖ includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of 8 [disease or disorder in human beings or animals, and manufactured] exclusively in accordance with the formulae described in, the authoritative books of 9 [Ayurvedic, Siddha and Unani Tibb systems of medicine], specified in the First Schedule;] 9 [(aa) ―the Board‖ means— (i) in relation to 9 [Ayurvedic, Siddha or Unani] drug, the 9 [Ayurvedic, Siddha and Unani Drugs Technical Advisory Board] constituted under section 33C; and (ii) in relation to any other drug or cosmetic, the Drugs Technical Advisory Board constituted under section 5;] 







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