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Section 5 – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

5.The Drugs Technical Advisory Board. –

 

1[(2) The Board shall consist of the following members, namely:—

 

(i) the Director General of Health Services, ex officio, who shall be Chairman;

 

(ii) the Drugs Controller, India, ex officio;

 

(iii) the Director of the Central Drugs Laboratory, Calcutta, ex officio;

 

(iv) the Director of the Central Research Institute, Kasauli, ex officio;

 

(v) the Director of the Indian Veterinary Research Institute, Izatnagar, ex officio;

 

(vi) the President of the Medical Council of India, ex officio;

 

(vii) the President of the Pharmacy Council of India, ex officio;

 

(viii) the Director of the Central Drug Research Institute, Lucknow, ex officio;

 

(ix) two persons to be nominated by the Central Government from among persons who are in charge of drugs control in the States;

 

(x) one person, to be elected by the Executive Committee of the Pharmacy Council of India, from among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an Indian University or a college affiliated thereto;

 

(xi) one person, to be elected by the Executive Committee of the Medical Council of India, from among teachers in medicine or therapeutics on the staff of an Indian University or a college affiliated thereto;

 

(xii) one person to be nominated by the Central Government from the pharmaceutical industry;

 

(xiii) one pharmacologist to be elected by the Governing Body of the Indian Council of Medical Research;

 

(xiv) one person to be elected by the Central Council of the Indian Medical Association;

 

(xv) one person to be elected by the Council of the Indian Pharmaceutical Association;

 

(xvi) two persons holding the appointment of Government Analyst under this Act, to be nominated by the Central Government.]

 

(3) The nominated and elected members of the Board shall hold office for three years, but shall be eligible for re-nomination and re-election:

 

2[Provided that the person nominated or elected, as the case may be, under clause (ix) or clause (x) or clause (xi) or clause (xvi) of sub-section (2) shall hold office for so long as he holds the appointment of the office by virtue of which he was nominated or elected to the Board.]

 

(4) The Board may, subject to the previous approval of the Central Government, make bye-laws fixing a quorum and regulating its own procedure and the conduct of all business to be transacted by it.

 

(5) The Board may constitute sub-committees and may appoint to such sub-committees for such periods, not exceeding three years, as it may decide, or temporarily for the consideration of particular matters, persons who are not members of the Board.

 

(6) The functions of the Board may be exercised notwithstanding any vacancy therein.

 

(7) The Central Government shall appoint a person to be Secretary of the Board and shall provide the Board with such clerical and other staff as the Central Government considers necessary.

 

—————————–

1. Subs. by Act 13 of 1964, sec. 4, for sub-section (2) (w.e.f. 15-9-1964).

 

2. Subs. by Act 13 of 1964, sec. 4, for the Proviso (w.e.f. 15-9-1964).

 

 

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The Drugs and Cosmetics Act, 1940

 

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