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Section 18 – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

18. Prohibition of manufacture and sale or certain drugs and cosmetics. –

 

From such date1 as may be fixed by the State Goverment by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf—

 

(a) 2[manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute—

 

3[(i) 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;]

 

4[(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof 5[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 6[to prevent, cure or mitigate] any such disease or ailment, or to have any such other effect as may be prescribed;

 

7[(v) 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) 5[sell or stock or exhibit or offer for sale,] or distribute any drug 8[or cosmetic] which has been imported or manufactured in contravention of any of the provisions of this Act or any rule made thereunder;

 

(c) 9[manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute any drug 8[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 10[Central Government] may, after consultation with the Board, by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the 11[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.

 

12[***]

 

COMMENTS

(i) The practitioners of the Indian system of medicine that is Ayurveda (including Siddha) or Unani are not entitled to keep allopathic drugs for administering to the patients; Swaran Singh v. State of Punjab, AIR 1987 P&H 81.

 

(ii) The section casts a vicarious liability. But the relationship between the two persons should be regular or viable than casual; State (Delhi Admn.) v. I.K. Nangia, AIR 1979 SC 1977.

 

(iii) The expression “himself or by any other person on his behalf” must imply that the person contemplated is the master or the principal and not the servant; Bhagwandas v. State, AIR 1962 Punj 419: (1962) 2 Cri LJ 400.

 

——————————-

1. 1st April, 1947, for sub-clauses (i), (ii), (iv) and (v) of clause (a) and clauses (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.

 

2. Subs. by Act 68 of 1982, sec. 14, for “manufacture for sale, or sell, or stock or exhibit for sale” (w.e.f. 1-2-1983).

 

3. Subs. by Act 68 of 1982, sec. 14, for clause (i), (ii) and (iia) (w.e.f. 1-2-1983). Earlier clause (iia) was ins. by Act 13 of 1964, sec. 13 (w.e.f. 15-9-1964).

 

4. Subs. by Act 11 of 1955, sec. 9, for sub-clause (iii).

 

5. Subs. by Act 68 of 1982, sec. 14, for certain words (w.e.f. 1-2-1983).

 

6. Subs. by Act 11 of 1955, sec. 9, for “to cure or mitigate”.

 

7. Subs. by Act 21 of 1962, sec. 14, for sub-clause (v) (w.e.f. 27-7-1964).

 

8. Ins. by Act 21 of 1962, sec. 14 (w.e.f. 27-7-1964).

 

9. Subs. by Act 68 of 1982, sec. 14, for certain words (w.e.f. 1-2-1983).

 

10. Subs. by Act 11 of 1955, sec. 9, for “State Government”.

 

11. Subs. by Act 68 of 1982, sec. 14, for “manufacture for sale, sale” (w.e.f. 1-2-1983).

 

12. Explanation omitted by Act 68 of 1982, sec. 14 (w.e.f. 1-2-1983).

 

 

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