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Section 33 – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

33. Power of Central Government to make rules. –

 

1[(1) The Central Government may 2[after consultation with, or on the recommendation of, the Board] and after previous publication by notification in the Official Gazette, make rules for the purposes of giving effect to the provisions of this Chapter:

 

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) provide for the establishment of laboratories for testing and analysing drugs 3[or cosmetics];

 

(b) prescribe the qualifications and duties of Government Analysts and the qualifications of Inspectors;

 

(c) prescribe the methods of test or analysis to be employed in determining whether a drug 3[or cosmetic] is of standard quality;

 

(d) prescribe, in respect of biological and organometallic compounds, the units or methods of standardisation;

 

4[(dd) prescribe under clause (d) of 5[section 17A] the colour or colours which a drug may bear or contain for purposes of colouring;]

 

(e) prescribe the forms of licences 6[for the manufacture for sale or for distribution], for the sale and for the distribution of drugs or any specified drug or class of drugs 7[or of cosmetics or any specified cosmetic or class of cosmetics], the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same 8[the qualifications of such authority] and the fees payable therefor; 8[and provide for the cancellation or suspension of such licences in any case where any provision of this Chapter or the rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with];

 

8[(ee) prescribe the records, registers or other documents to be kept and maintained under section 18B;

 

(eea) prescribe the fees for the inspection (for the purposes of grant or renewal of licences) of premises, wherein any drug or cosmetic is being or is proposed to be manufactured;

 

(eeb) prescribe the manner in which copies are to be certified under sub-section (2A) of section 22;]

 

(f) specify the diseases or ailments which a drug may not purport or claim 9[to prevent, cure or mitigate] and such other effects which a drug may not purport or claim to have;

 

(g) prescribe the conditions subject to which small quantities of drugs may be manufactured for the purpose of examination, test or analysis;

 

(h) 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 drug or class of drugs, and prohibit the sale, stocking or exhibition for sale, or distribution of the said drug or class of drugs after the expiry of a specified period from the date of manufacture or after the expiry of the date of potency;

 

(i) prescribe the conditions to be observed in the packing in bottles, packages, and other containers of drugs 10[or cosmetics], 11[including the use of packing material which comes into direct contact with the drugs] and prohibit the sale, stocking or exhibition for sale, or distribution of drugs 10[or cosmetics] packed in contravention of such conditions;

 

(j) regulate the mode of labelling packed drugs 10[or cosmetics], and prescribe the matters which shall or shall not be included in such labels;

 

(k) prescribe the maximum proportion of any poisonous substance which may be added to or contained in any drug, prohibit the manufacture, sale or stocking or exhibition for sale, or distribution 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;

 

(l) require that the accepted scientific name of any specified drug shall be displayed in the prescribed manner on the label or wrapper of any patent or proprietary medicine containing such drug;

 

12[***]

 

13[(n) prescribe the powers and duties of Inspectors 14[and the qualifications of the authority to which such Inspectors shall be subordinate] and 15[specify the drugs or classes of drugs or cosmetics or classes of cosmetics] in relation to which and the conditions, limitations or restrictions subject to which, such powers and duties may be exercised or performed;]

 

(o) prescribe the forms of report to be given by Government Analysts, and the manner of application for test or analysis under section 26 and the fees payable therefor;

 

16[(p) specify the offences against this Chapter or any rule made thereunder in relation to which an order of confiscation may be made under section 31; and]

 

(q) 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 17[or cosmetic or class of cosmetics].

 

18[***]

 

COMMENTS

It was obligatory on the part of the rule making authority to satisfy the Court that it was necessary in the facts and circumstances of the case to enhance the fees payable for the renewal of licence in the manner as has been sought to be done; Jaiswal Medical Hall v. Union of India, AIR 1988 Pat 266.

 

——————————-

1. Subs. by Act 11 of 1955, sec. 15, for sub-section (1) (w.e.f. 15-4-1955).

 

2. Subs. by Act 68 of 1982, sec. 29, for “after consultation with the Board” (w.e.f. 1-2-1983).

 

3. Ins. by Act 21 of 1962, sec. 22 (w.e.f. 27-7-1964).

 

4. Ins. by Act 13 of 1964, sec. 24 (w.e.f. 15-9-1964).

 

5. Subs. by Act 68 of 1982, sec. 29, for “section 17B” (w.e.f. 1-2-1983).

 

6. Subs. by Act 68 of 1982, sec. 29, for “for the manufacture for sale” (w.e.f. 1-2-1983).

 

7. Ins. by Act 21 of 1962, sec. 22 (w.e.f. 27-7-1964).

 

8. Ins. by Act 68 of 1982, sec. 29 (w.e.f. 1-2-1983).

 

9. Subs. by Act 11 of 1955, sec. 15, for “to cure or mitigate” (w.e.f. 15-4-1955).

 

10. Ins. by Act 21 of 1962, sec. 22 (w.e.f. 27-7-1964).

 

11. Ins. by Act 68 of 1982, sec. 29 (w.e.f. 1-2-1983).

 

12. Clause (m) omitted by Act 13 of 1964, sec. 24 (w.e.f. 15-9-1964).

 

13. Subs. by Act 35 of 1960, sec. 10, for clause (n) (w.e.f. 16-3-1961).

 

14. Ins. by Act 68 of 1982, sec. 29 (w.e.f. 1-2-1983).

 

15. Subs. by Act 21 of 1962, sec. 22, for “the drugs or class of drugs” (w.e.f. 27-7-1964).

 

16. Subs. by Act 13 of 1964, sec. 24, for clause (p) (w.e.f. 15-9-1964).

 

17. Ins. by Act 21 of 1962, sec. 22 (w.e.f. 27-7-1964).

 

18. Sub-section (3) ins. by Act 35 of 1960, sec. 10 (w.e.f. 16-3-1961) and omitted by Act 13 of 1964, sec. 24 (w.e.f. 15-9-1964).

 

 

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The Drugs and Cosmetics Act, 1940

 

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