1. Short title, extent and commencement-

(1) This act may be called the Prevention of Food Adulteration Act, 1954.

(2) It extends to the whole of India

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint,

2. Definitions- In this Act, unless the context otherwise requires-

(i) adulterant means any material which is or could be employed for the purposes of adulteration;)

(ia) adulterated – an article of food shall be deemed to be adulterated-

(a) If the article sold by a vendor is not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the nature, substance or quality which it purports or is represented to be;

(b) If the article contains any other substance which affects, or if the article is so processed as to affect, injuriously the nature, substance or quality thereof;

(c) If any inferior or cheaper substance has been substituted wholly or in part for the article so as to affect injuriously the nature, substance or quality thereof;

(d) If any constituent of the article has been wholly or in part abstracted so as to affect injuriously the nature, substance or quality thereof;

(e) If the article had been prepared, packed or kept under insanitary conditions whereby it has become contaminated or injurious to health;

(f) If the article consists wholly or in part of any filthy, putrid, rotten, decomposed or diseased animal or vegetable substance or is insect-infested or is otherwise unfit for human consumption;

(g) If the article is obtained from a diseased animal;

(h) If the article contains any poisonous or other ingredient which renders it injurious to health;

(i) If the container of the article is composed, whether wholly or in part, of any poisonous or deleterious substance which renders its contents injurious to health;

(j) If any colouring matter other than that prescribed in respect thereof if present in the article, or if the amounts of the prescribed colouring matter which is present in the article are not within the prescribed limits of variability;]

(k) If the article contains any prohibited preservative or permitted preservative in excess of the prescribed limits;

(l) If the quality or purity of the article falls below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, which renders it injurious to health;

(m)If the quality or purity of the article falls below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability but which does not render it injurious to health.

Provided that, Where the quality or purity of the article, being primary food, has fallen below the prescribed standards or its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then, such article shall not be deemed to be adulterated within the meaning of this sub-clause.

Explanation – Where two or more articles of primary food are mixed together and the resultant article of food -

(a) is stored, sold or distributed under a name which denotes the ingredients thereof; and
(b) is not injurious to health;

then; such resultant article shall not be deemed to be adulterated within the meaning of this clause;

(ii) Central Food Laboratory means any laboratory or institute established or specified under section 4$

(iii) Committee means the Central Committee for Food Standards constituted under Section 3;

(iv) Director of the Central Food Laboratory means the person appointed by the Central Government by notification in the Official Gazette as the Director of the Central Food Laboratory and includes any person appointed by the Central Government in like manner to perform all or any of the functions of the Director under this Act;

Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a Director under this clause;

(v) Food means any article used as food or drink for human consumption other than drugs and water and includes-

(a) any article which ordinarily enters into, or is used in the composition or preparation of, human food,

(b) any flavouring matter or condiments, and

(c) any other article which the Central Government may, having regard to its use, nature , substance or quality, declare, by notification in the Official Gazette, as food for the purposes of this Act;

(vi) Food (Health) Authority means the Director of Medical and Health Services or the Chief Officer-in-charge of Health administration in a state, by whatever designation he is known, and includes any officer empowered by the Central Government or the State Government, by notification in the Official Gazette, to exercise the powers and perform the duties of the Food (Health) Authority under this Act with respect to such local area as may be specified in the notification.

(vii) local area means any area, whether urban or rural, declared by the Central Government or the State Government by notification in the Official Gazette, to be a local area for the purposes of this Act;

(viii) local authority means in the case of:-

(1) a local area which is-

(a) a municipality, the municipal board or municipal corporation;
(b) a cantonment, the cantonment authority;
(c) a notified area, the notified area committee;

(2) any other local area, such authority as may be prescribed by the Central Government or the State Government or the State Government under this Act;

(viiia) Local (Health) Authority in relation to a local area, means the officer appointed by the Central Government or the State Government, by notification in the Official Gazette, to be in charge of Health administration in such area with such designation as may be specified therein;

(viiib) manufacture includes any process incidental or ancillary to the manufacture of an article of food.

(ix) misbranded- an article of food shall be deemed to be misbranded-

(a) If it is an imitation of, or is a substitute for, or resembles in a manner likely to deceive, another article of food under the name of which it is sold, and is not plainly and conspicuously labelled so as to indicate its true character;

(b) If it is falsely stated to be the product of any place or country;

(c) If it is sold by a name which belongs to another article of food;

(d) If it is so coloured, flavoured or coated, powdered or polished that the fact that the article is damaged is concealed or if the articles is made to appear better or of greater value than it really is;

(e) If false claims are made for it upon the label or otherwise;

(f) If, when sold in packages which have been sealed or prepared by or at the instance of the manufacturer or producer and which bear his name and address, the contents of each package are not conspicuously and correctly stated on the outside thereof within the limits of variability prescribed under this Act;

(g) If the package containing it, or the label on the package bears any statement, design or device regarding the ingredients or the substances contained therein, which is false or misleading in any material particular; or if the package is otherwise deceptive with respect to its contents;

(h) If the package containing it or the label on the package bears the name of a factitious individual or company as the manufacturer or producer of the article;

(i) If it purports to be, or is represented as being, for special dietary uses, unless its label bears such information as may be prescribed concerning its vitamin, mineral, or other dietary properties in order sufficiently to inform its purchaser as to its value for such uses;

(j) If it contains any artificial flavouring, artificial colouring or chemical preservative, without a declaratory label stating that fact, or in contravention of the requirements of this Act or rules made thereunder;

(k) If it is not labelled in accordance with the requirements of this Act or rules made thereunder;

(x) package means a box ,bottle, gasket, tin, barrel, case, receptacle, sack bag, wrapper or other thing in which an article of food is placed or packed;

(xi) premises include any shop, stall, or place where any article of food is sold or manufactured or stored for sale;

(xi) prescribed means prescribed by rules made under this Act;

(xiia) primary food means any article of food, being a produce of agriculture or
horticulture in its natural form;

(xii) sale with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article;

(xiii) sample means a sample of any article of food taken under the provisions of this Act or of any rules made thereunder;

(xiv) the words unwhsolesome and noxious when used in relation to an article of food mean respectively that the article is harmful to health or repugnant to human use.

2A. Rule of construction – Any reference in this act to a law which is not in force in the State of Jammu and Kashmir shall, in relation to that State, be construed as a reference to the corresponding law, if any, in force in that State.

CENTRAL COMMITTEE FOR FOOD STANDARDS AND CENTRAL FOOD LABORATORY

3. The Central Committee for Food Standards–

(1) The Central Government shall, as soon as may be after the commencement of this Act, constitute a Committee called the Central Committee for Food Standards to advise the Central Government and the State Governments on matters arising out of the administration of this Act and to carry out the other functions assigned to it under this Act.

(2) The Committee shall consist of the following members, namely:-

(a) the Director-General, Health Services, ex officio, who shall be the Chairman.

(b) the Director of the Central Food Laboratory or, in a case where more than one Central Food Laboratory is established, the Directors of such Laboratories, ex officio;

(c ) two experts nominated by the Central Government;

(d) one representative each of the Departments of Food and Agriculture in the Central Ministry
of Food and Agriculture and one representative each of the Central Ministries of Commerce, Defence, Industry and Supply and Railways, nominated by the Central Government;]

(e) one representative each nominated by the Government of each State;

(f) two representatives nominated by the Central Government to represent the [Union territories];

(g) one representative each, nominated by the Central Government to represent the agricultural, commercial and industrial interests;

(gg) five representatives nominated by the Central Government to represent the consumers$ interests, one of whom shall be from the hotel industry;

(h) one representative of the medical profession nominated by the Indian Council of Medical Research;

(i) one representative nominated by the Indian Standards Institution referred to in clause (e) of section 2 of the Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952).

(3) The members of the Committee referred to in clauses (c),(d),(e),(f),6[7[(g), (gg),] (h) and (i)] of sub-section (2) shall, unless their seats become vacant earlier by registration, death or otherwise, be entitled to hold office for three years and shall be eligible for re-nomination.

(4) The functions of the Committee may be exercised notwithstanding any vacancy therein.

(5) The Committee may appoint such and so many sub-committees as it deems fit and may appoint to them persons who are not members of the Committee to exercise such powers and perform such duties as may, subject to such conditions, if any, as the Committee may impose, be delegated to them by the Committee.

(6) The Committee may, subject to the previous approval of the Central Government, make bye-laws for the purpose of regulating its own procedure and the transaction of its business.

3A. Appointment of Secretary and other staff-

(1) The Central Government shall appoint a Secretary to the Committee who shall, under the control and direction of Committee, exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Committee.

(2) The Central Government shall provide the Committee with such clerical and other staff as that Government considers necessary.

4. Central Food Laboratory—

(1) The Central Government shall, by notification in the Official Gazette, establish one or more Central Food Laboratory or Laboratories to carry out the functions entrusted to the Central Food Laboratory or Laboratories to carry out the functions entrusted to the Central Food Laboratory by this Act or any rules made under this Act.

Provided that the Central Government may by notification in the Official Gazette, also specify any laboratory or institute as a Central Food Laboratory for the purposes of this Act.

(2) The Central Government may, after consultation with the Committee, make rules prescribing—

(a) the functions of a Central Food Laboratory and the local area or areas within which such functions may be carried out;
(b) the procedure for the submission to the said Laboratory of samples of articles of food for analysis or tests, the forms of the Laboratory$s reports thereon and the fees payable in respect of such reports;
(c) such other matters as may be necessary or expedient to enable the said Laboratory to carry out its functions.

GENERAL PROVISIONS AS TO FOOD

5. Prohibition of Import of certain articles of food—No person shall import into India–

(i) any adulterated food;

(ii) an misbranded food;

(iii) any article of food for the import of which a license is prescribed, except in accordance with the conditions of the license; and

(iv) any article of food in contravention of any other provision of this Act or any rule made thereunder.

6. Application of law relating to sea customs and powers of Customs Officers—-

(1) The law for the time being in force relating to sea customs and to goods, the import of which is prohibited by section 18 of the Sea Customs Act, 1878 (8 of 1878) shall, subject to the provisions of section 16 of this Act, apply in respect of articles of food, the import of which is prohibited under section 5 of this Act, and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a Customs Collector] and other officers of Customs shall have the same powers in respect of such articles of food as they have for the time being in respect of such goods as aforesaid.

(2) Without prejudice to the provisions of sub-section (1), the Customs Collector, or any officer of the Government authorised by the Central Government in this behalf, may detain any imported package which he suspects to contain any article of food the import of which is prohibited under section 5 of this Act and shall forthwith report such detention to the Director of the Central Food Laboratory and if, required by him, forward the package or send samples of any suspected article of food found therein to the said Laboratory.

7. Prohibition of manufacture, sale, etc., of certain articles of food— No person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute-

(j) any adulterated food;

(ii) any misbranded food;

(iii) any article of food for the sale of which a licence is prescribed, except in accordance with the conditions of the licence;

(iv) any article of food the sale of which is for the time being prohibited by the Food (Health) Authority 1[in the interest of public health;

(v) any article of food in contravention of any other provision of this Act or of any rule made thereunder;

(vi) any adulterant.

Explanation– For the purposes of this section, a person shall be deemed to store any adulterated food or misbranded food or any article of food referred to in clause (iii) or clause (iv) or clause (v if he stores such food for the manufacture there from of any article of food for sale.

ANALYSIS OF FOOD

8. Public Analysts — The Central Government or the State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications to be public analysts for such local area as may be assigned to them by the Central Government or the State Government as the case may be.

Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a public analyst under this section.

Provided further that different public analysts may be appointed for different article of food.

9. Food Inspectors —-

(1) The Central Government or the State Government may, by notification in the Official Gazette, appoint such person as it thinks fit, having the prescribed qualifications to be food inspectors for such local areas as may be assigned to them by the Central Government or the State Government, as the case may be.

Provided that no person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a food inspector under this section.

(2) Every food inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) and shall be officially subordinate to such authority as the Government appointing him, may specify in this behalf.

10. Powers of Food Inspectors

(1) A food Inspector shall have power—

(a) to take samples of any article of food from-

(i) any person selling such article

(ii) any person who is in the course of conveying , delivering or preparing to deliver such article to a purchaser or consignee

(iii) a consignee after delivery of any such article to him and

(b) to send such sample for analysis to the public analyst for the local area within which such sample has been taken;

(c) with the previous approval of the Local (Health) Authority having jurisdiction in the Local area concerned, or with the previous approval of the Food (Health) Authority, to prohibit the sale of any article of food in the interest of public health.

Explanation- For the purposes of sub-clause (iii) of clause (a) consignee does not include a person who purchases or receives any article of food for his own consumption.

(2) Any food inspector may enter and inspect any place where any article of food is manufactured, or stored for sale, or stored for the manufacture of any other article of food for sale, or exposed or exhibited for sale or where any adulterant is manufactured or kept, and take samples of such article of food or adulterant for analysis.

Provided that no sample of any article of food, being primary food, shall be taken under this sub-section if it is not intended for sale as such food.

(3) Where any sample is taken under clause (a) of sub-section (1) or sub-section (2), its cost calculated at the rate at which the article is usually sold to the public shall be paid to the person from whom it is taken.

(4) If any article intended for food appears to any food inspector to be adulterated or misbranded, he may seize and carry away or keep in the safe custody of the vendor such article in order that it may be dealt with as hereinafter provided and he shall, in either case, take a sample of such article and submit the same for analysis to a public analyst.

Provided that where the food inspector keeps such article in the safe custody of the vendor he may require the vendor to execute a bond for a sum of money equal to the value of such article with one or more sureties as the food inspector deems fit and the vendor shall execute the bond accordingly.

(4A) Where any article of food seized under sub-section (4) is of a perishable nature and nature and the Local (Health) Authority is satisfied that such article of food is so deteriorated that it is unfit for human consumption, the said Authority may, after giving notice in writing to the vendor, cause the same to be destroyed.

(5) The power conferred by this section includes power to break open any package in which any article of food may be contained or to break open the door of any premises where any article of food may be kept for safe.

Provided that the power to break open the package or door shall be exercised only after the owner or any other person-in-charge of the package or, as the case may be, in occupation of the premises, if he is present therein, refuses to open the package or door on being called upon to do so, and in either case after recording the reasons for doing so.

Provided further that the food inspector shall, in exercising the powers of entry upon , and inspection of any place under this section , follow, as far as may be the provisions of the Code of Criminal Procedure , 1973 (2 of 1974) relating to the search or inspection of a place by a police officer executing a search warrant issued under that code.

(6) Any adulterant found in the possession of a manufacturer or distributor of, or dealer in , any article of food or in any of the premises occupied by him as such and for the possession of which he is unable to account to the satisfaction of the food inspector, and any books of account or other documents found in his possession or control and which would be useful for, or relevant to, any investigation or proceeding under this Act, may be seized by the food inspector and a sample of such adulterant submitted for analysis to a public analyst.

Provided that no such books of account or other documents shall be seized by the food inspector except with the previous approval of the authority to which he is officially subordinate.

(7) Where the food inspector take any action under clause (a) of sub-section (1) sub-section (2), sub-section (4) , or sub-section (6) , he shall call one or more persons to be present at the time when such action is taken and take his or their signatures.

(7A) Where any books of account or other documents are seized under sub-section (6) the food inspector shall, within a period not exceeding thirty days from the date of seizure , return the same to the person from whom they were seized after copies thereof or extracts therefrom as certified by that person in such manner as may be prescribed have been taken.

Provided that where such person refuses to so certify, and a prosecution has been instituted against him under this Act, such books of account or other documents shall be returned to him only after copies thereof or extracts therefrom as certified by the court have been taken.

(7B) Where any adulterant is seized under sub-section (6) , the burden of proving that such adulterant is not meant for purposes of adulteration shall be on the person from whose possession such adulterant was seized.

(8) Any food inspector may exercise the powers of a police officer under section 42 of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of ascertaining the true name and residence of the person from whom a sample is taken or an article of food is seized.

(9) Any food inspector exercising powers under this Act or under the rules made thereunder who-

(a) vexatiously and without any reasonable grounds of suspicion seizes any articles of food or adulterant or
(b) commits any other act to the injury of any person without having reason to believe that such act is necessary for the execution of his duty.

shall be guilty of an offence under this Act and shall be punishable for such offence with fine which shall not be less than five hundred rupees but which may extend to one thousand rupees.

11. Procedure to be followed by food Inspectors—

(1) When a food Inspector takes a sample of food for analysis, he shall-

(a) give notice in writing then and thereof his intention to have it so analysed to the person from whom he has taken the sample and to the person, if any, whose name, address and other particulars have been disclosed under section 14A.

(b) except in special cases provided by rules under this Act, divide the sample them and there into three parts and mark and seal or fasten up each part in such a manner as its nature permits and take the signature or thumb impression of the person from whom the sample has been taken in such place and in such manner as may be prescribed.

Provided that where such person refuses to sign or put his thumb impression the food inspector shall call upon one or more witnesses and take his or their signatures or thumb impressions, as the case may be in lieu of the signature or thumb impression of such person.

(c)

(i) send one of the parts for analysis to the public analyst under intimation to the Local (Health) Authority; and

(ii) send the remaining two parts to the Local (Health) Authority for the purposes of sub-section (2) of this section and sub sections(2A) and (2E) of section 13.

(2) Where the part of the sample sent to the public analyst under sub-clause (I) of clause (c) of sub-section (1) is lost or damaged, the Local (Health) Authority shall, on a requisition made to it by the public analyst or the food inspector dispatch one of the parts of the sample sent to it under sub-clause (ii) of the said clause (c) to the public analyst for analysis.

(3) When a sample of any article of food or adulterant is taken under sub-section (1) or sub-section (2) of section 10, the food inspector shall, by the immediately succeeding working day, send a sample of the article of food or adulterant or both, as the case may be, in accordance with the rules prescribed for sampling to the public analyst for the local area concerned.

(4) An article of food seized under sub-section (4) of section 10, unless destroyed under sub-section (4A) of the section, and any adulterant seized under sub-section (6) of that section shall be produced before a magistrate as soon as possible and in any case not later than seven days after the receipt of the report of the public analyst.

Provided that if an application is made to the magistrate in this behalf by the person from whom any article of food has been seized, the magistrate shall by order in writing direct the food inspector to produce such article before him within such time as may be specified in the order.

(5) If it appears to the magistrate on taking such evidence as he may deem necessary-

(a) that the article of food produced before him under sub-section(4) is adulterated or misbranded, he may order it-

(i) to be forfeited to the Central Government, the State Government or the local authority, as the case may be; or

(ii) to be destroyed at the cost of the owner or the person from whom it was seized so as to prevent its being used as human food; or

(iii) to be so disposed of as to prevent its being again exposed for sale or used for food under its deceptive name; or
(iv) to be returned to the owner, on his executing a bond with or without sureties, for being sold under its appropriate name or, where the magistrate is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, for being sold after reprocessing under the supervision of such officer as may be specified in the order;

(b) that the adulterant seized under sub-section (6) of section 10 and produced before him is apparently of a kind which may be employed for purposes of adulteration and for the possession of which the manufacturer, distributor or dealer, as the case may be, is unable to account satisfactorily, he may order it to be forfeited to the Central Government, the State Government or the local authority, as the case may be.

(6) If it appears to the magistrate that any such-

(a) article of food is not adulterated; or

(b) adulterant which is purported to be an adulterant is not an adulterant, the person from whose possession the article of food or adulterant was taken shall be entitled to have it restored to him and it shall be in the discretion of the magistrate to award such person from such fund as the State Government may direct in this behalf , such compensation not exceeding the actual loss which he has sustained as the magistrate may think proper.

12. Purchaser may have food analysed— Nothing contained in this Act shall be held to prevent a purchaser of any article of food other than a food inspector {or a recognised consumer association, whether the purchaser is a member of that association or not,} from having such article analysed by the public analyst on payment of such fees as may be prescribed and from receiving from the public analyst a report of his analysis.

Provided that such purchaser or recognised consumer association shall inform the vendor at the time of purchase of his or its intention to have such article so analysed.

Provided further that the provision of sub-section(1), sub-section(2) and sub-section(3) of section 11 shall, as far as may be, apply to a purchaser of article of food or recognised consumer association who or which intends to have such articles so analysed, as they apply to a food inspector who takes a sample of food for analysis.

Provided also that if the report of the public analyst shows that the article of food is adulterated, the purchaser or recognised consumer association shall be entitled to get refund of the fees paid by him or it under this section.

Explanation- For the purposes of this section and section 20, recgonised consumer association means a voluntary consumer association registered under the Companies Act, 1956(1 of 1956) or any other law for the time being in force.)

13. Report of Public analyst—-

(1) The public analyst shall deliver, in such form as may be prescribed, a report to the Local (Health) Authority of the result of the analysis of any article of food submitted to him for analysis.

(2) On receipt of the report of the result of the analysis under sub-section (1) to the effect that the article of food is adulterated, the Local (Health) Authority shall, after the institution of prosecution against the person from whom the sample of the article of food was taken and the person , if any, whose name, address and other particulars have been disclosed under section 14A, forward, in such manner as may be prescribed , a copy of the report of the result of the analysis to such person or persons that if it is so desired, either or both of them may make an application to the court within a period of ten days from the date of receipt of the copy of the report to get the sample of the article of food kept by the Local (Health) Authority analysed by the Central Food Laboratory.

(2A) When an application is made to the court under sub-section (2), the court shall require the Local (Health) Authority to forward the part or parts of the sample kept by the said Authority and upon such requisition being made, the said Authority shall forward the part or parts of the sample to the court within a period of five days from the date of receipt of such requisition.
(2B) On receipt of the part or parts of the sample from the Local (Health) Authority under sub-section (2A), the court shall first ascertain that the mark and seal or fastening as provided in clause(b) of sub-section (1) of section 11 are intact and the signature or thumb impression, as the case may be, is not tampered with and dispatch the part or, as the case may be , one of the parts of the sample under its own seal to the Director of the Central Food Laboratory who shall thereupon send a certificate to the court in the prescribed form within one month from the date of receipt of the part of the sample specifying the result of the analysis.
(2C) Where two parts of the sample have been sent to the court and only one part of the sample has been sent by the court to the Director of the Central Food Laboratory under sub-section(2B), the court shall, as soon as practicable, return the remaining part to Local (Health) Authority and that Authority shall destroy that part after the certificate from the Director of the Central Food Laboratory has been received by the court.
Provided that where the part of the sample sent by the court to the Director of the Central Food Laboratory is lost or damaged, the court shall require the Local (Health) Authority to forward the part of the same, if any, retained by it to the court and on receipt thereof, the court shall proceed in the manner provided in sub-section (2B).
(2D) Until the receipt of the certificate of the result of the analysis from the Director of the Central Food Laboratory, the court shall not continue with the proceedings pending before it in relation to the prosecution.
(2E) If, after considering the report, if any, of the food inspector or otherwise the Local (Health) Authority is of the opinion that the report delivered by the public analyst under sub-section(1) is erroneous, the said Authority shall forward one of the parts of the sample kept by it to any other public analyst for analysis and if the report of the result of the analysis of that part of the sample by that other public analyst is to the effect that the article of food is adulterated , the provisions of sub-sections(2) to (2D) shall, so far as may be, apply.

(3) The certificate issued by the Director of the Central Food Laboratory (under sub-section (2B) shall supersede the report given by the public analyst under sub-section(1).
(4) Where a certificate obtained from the Director of the Central Food Laboratory (under sub-section (2B) is produced in any proceeding under this Act, or under sections 272 to 276 of the Indian Penal Code (45 of 1860), it shall not be necessary in such proceeding to produce any part of the sample of food taken for analysis.
(5) Any document purporting to be a report signed by a public analyst, unless it has been superseded under sub- section(3), or any document purporting to be a certificate signed by the Director of the Central Food Laboratory, may be used as evidence of the facts stated therein any proceeding under the Act or under section 272 to 276 of the Indian Penal Code (45 of 1860).
Provided that any document purporting to be a certificate signed by the Director of the Central Food Laboratory (not being a certificate with respect to the analysis of the part of the sample of any article of food referred to in the proviso to sub-section (1A) of section 16) shall be final and conclusive evidence of the facts stated therein.
Explanation – In this section, and in clause (f) of sub-section(1) of section 16, Director of the Central Food Laboratory shall include the officer for the time being in charge of any Food Laboratory (by whatever designation he is known) recognised by the Central Government for the purposes of this section.

MISCELLANEOUS

14. Manufacturers, distributors and dealers to give warranty—- No manufacturer or distributor of, or dealer in any article of food shall sell such article to any vendor unless he also give a warranty in writing in the prescribed form about the nature and quality of such article to the vendor.
Provided that a bill, cash memorandum or invoice in respect of the sale of any article of food given by a manufacturer or distributor of, or dealer in, such article to the vendor thereof shall be deemed to be a warranty given by such manufacturer, distributor or dealer under this section.
Explanation- In this section, in sub-section(2) of section 19 and in section 20A, the expression distributor shall include a commission agent.

14A. Vendor to disclose the name, etc, of the person from whom the article of food was purchased- Every vendor of an article of food shall, is so required, disclose to the food inspector the name, address and other particulars of the person from whom he purchased the article of food.

15. Notification of food poisoning—-The central Government or the State Government may , by notification in the Official Gazette, require medical practitioners carrying on their profession in any local area specified in the notification to report all occurrences of food poisoning coming within their cognizance to such officer as may be specified in the notification.

16. Penalties —- Subject to the provision of sub-section (1A) if any person -

(a) Whether by himself or by any other person on his behalf, imports into India or manufacturers for sale or stores, sells or distributes any article of food -

(i) which is adulterated within the meaning of sub-clause (m) of clause (ia) of section 2 or misbranded within the meaning of clause (ix) of that section or the sale of which is prohibited under any provision of this Act or any rule made thereunder or by an order of the Food (Health) Authority.
(ii) Other than an article of food referred to in sub-clause(I), in contravention of any of the provision of this Act or of any rule made thereunder, or

(b) whether by himself or by any other person on his behalf, imports into India or manufacturers for sale or stores, sells or distributes any adulterant which is not injurious to health; or

(c) prevents a food inspector from taking a sample as authorised by this Act; or

(d) prevents a food inspector from exercising any other power conferred on him by or under this Act; or

(e) being a manufacturer of an article of food, has in his possession, or in any of the premises occupied by him, any adulterant which is not injurious to health; or

(f) uses any report or certificate of a test or analysis made by the Director of the Central Food Laboratory or by a public analyst or any extract thereof for the purpose of advertising any article of food; or

(g) whether by himself or by any other person on his behalf, give to the vendor a false warranty in writing in respect of any article of food sold by him.
he shall, in addition to the penalty to which he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years, and with fine which shall not be less than one thousand rupees.

Provided that -
(i ) if the offence is under sub-clause (I) of clause (a) and is with respect to an article of food, being primary food, which is adulterated due to human agency or is with respect to an article of food which is misbranded within the meaning of sub-clause (k) of clause (ix) of section 2; or
(ii) if the offence is under sub-clause(ii) of clause (a), but not being an offence with respect to the contravention of any rule made under clause (a) or clause (g) of sub-section (1A) of section 23 or under clause (b) of sub-section (2) of section 24, the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years, and with fine which may extend to two years, and with fine which shall not be less than five hundred rupees.
Provided further that if the offence is under sub-clause (ii) of clause (a) and is with respect to the contravention of any rule made under clause (a) or clause (g) of sub-section (1A) of section 23 or under clause (b) of sub-section (2) of section 24, the court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term which may extend to three months and with fine which may extend to five hundred rupees.

(1A) If any person whether by himself or by any other person on his behalf, imports into India or manufactures for sale, or stores, sells or distributes -

(i) any article of food which is adulterated within the meaning of any of the sub-clause (e) to (1) (both inclusive) of clause (ia) of section 2; or
(ii) any adulterant which is injurious to health.

he shall, in addition to the penalty to which he may be liable under the provisions of section 6 , be punishable with imprisonment for a term which shall not be less than one year but which extend to six years and with fine which shall not be less than two thousand rupees.
Provided that if such article of food or adulterant, when consumed by any person is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal code (45 of 1860), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees.
(1AA) if any person in whose safe custody any article of food has been kept under sub-section 10, tampers or in any other manner interferes with such article, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which shall not be less than one thousand rupees.

(1B) if any person in whose safe custody any article of food has been kept under sub-section (4) of section 10, sells or distributes such article which is found by magistrate before whom it is produced to be adulterated within the meaning of sub-clause (h) of clause (ia) of section 2 and which, when consumed by any person, is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), then notwithstanding anything contained in sub-section (1AA), he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to term of life and with fine which shall not be less than five thousand rupees.)

(1C) if any person contravenes the provisions of section 14 or section 14A, he shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than five hundred rupees.

(1D) if any person convicted of an offence under this Act commits a like offence afterwards, then without prejudice to the provision of sub-section (2), The court, before which the second or subsequent conviction takes place, may order the cancellation of the licence, if any, granted to him under this Act and thereupon such licence shall., notwithstanding anything contained in this Act or in the rules made thereunder, stand cancelled.
(2) if any persons convicted of an offence under this Act commits a like offence afterwards it shall be lawful for the court before which the second or subsequent conviction takes place to cause the offender$s name and place of residence, the offence and the penalty imposed to be published at the offender$s expense in such newspapers or in such other manner as the court may direct. The expenses of such publication shall be deemed to be part of the cost attending the conviction and shall be recoverable in the same manner as a fine.

16A. Power of court to try cases summarily —- Notwithstanding anything contained in the code of Criminal procedure, 1973 (2 of 1974), all offences under sub-section (1) of section 16 shall be tried in a summary way by a judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be apply to such trial.
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year.
Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.

17. Offence by companies —-

(1) where an offence under this Act has been committed by a company-

(a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereinafter in this section referred to as the person responsible), or
(ii) where no person has been so nominated, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and

(b) the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Any company may, by order in writing, authorise any of its directors or managers (such manager being employed mainly in a managerial or supervisory capacity) to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company or any offence under this Act and may give notice to the Local (Health) Authority, in such form and in such manner as may be prescribed, that it has nominated such director or manager as the person responsible, along with the written consent of such director or manager for being so nominated.
Explanation – Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit.

(3) The person nominated under sub-section (2) shall, until-

(i)further notice cancelling such nomination is received from the company by the Local (Health) Authority; or
(ii) he ceases to be a director or, as the case may be, manager of the company; or
(iii) he makes a request in writing to the Local (Health) Authority, under intimation to the company, to cancel the nomination (which request shall be complied with by the Local (Health) Authority.)

whichever is the earliest, continue to be the person responsible.
Provided that where such person ceases to be a director or, as the case may be, manager of the company, he shall intimate the fact of such cesser to the Local (Health) Authority.
Provided further that where such person makes a request under clause (iii), the Local (Health) Authority shall not cancel such nomination with effect from a date earlier than the date on which the request is made.

(4) Notwithstanding anything contained in the foreign sub-sections, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary, or other officer of the company, (not being a person nominated under sub-section (2) such director , manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation – For the purposes of this section -

(a) company means any body corporate and includes a firm or other association of individuals;
(b) director, in relation to a firm, means a partner in the firm; and
(c) manager in relation to a company engaged in hotel industry, includes the person in charge of the catering department of any hotel managed or run by it.)

18. Forfeiture of property —-Where any person has been convicted under this Act for the contravention of any of the provisions of this Act or of any rule thereunder, the article of food in respect of which the contravention has been committed may be forfeited to the Government .
Provided that where the court is satisfied that the article of food is capable of being made to conform to prescribed standards for human consumption after reprocessing, the court may order the article of food to be returned to the owner, on his executing a bond with or without sureties, for being sold, subject to the other provisions of this Act, after reprocessing under the supervision of such officer as may be specified therein.

19. Defences which may or may not be allowed in prosecutions under this Act —-

(1) It shall be no defence in a prosecution for an offence pertaining to the sale of any adulterated or misbranded article of food to allege merely that the vendor was ignorant of the nature, substance or quality of the food sold by him or that the purchaser having purchased any article for analysis was not prejudiced by the sale.

(2) A vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves-

(a) that he purchased the article of food-

(i) in a case where a licence is prescribed for the sale thereof, from a duly licensed manufacturer, distributor or dealer,
(ii) in any other case, from any manufacturer, distributor or dealer, with a written warranty in the prescribed form; and

(b) that the article of food while in his possession was properly stored and that he sold it in the same state as he purchased it.

(3) Any person by whom a warranty as is referred to (in section 14) is alleged to have been given shall be entitled to appear at the hearing and give evidence.

20. Cognizance and trial of offences —-

(1) No prosecution for an offence under this Act, not being an offence under section 14 or section 14A shall be instituted except by , or with the written consent of, the Central Government or the State Government or a person authorised in this behalf, by general or special order, by the Central Government or the State Government.
Provided that a prosecution for an offence under this Act may be instituted by a purchaser (or recognised consumer association) referred to in section 12, if he or it produces in court a copy of the report of the public analyst along with the complaint.

(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence under this Act.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under sub-section (1AA) of section 16 shall be cognizable and non-bailable).

(20.A.) Power of court to implead manufacturer , etc. —-Where at any time during the trial of any offence under this Act alleged to have been committed by any person, not being the manufacturer, distributor or dealer of any article of food, the court is satisfied, on the evidence adduced before it, that such manufacturer, distributor or dealer is also concerned with that offence, then , the court may, notwithstanding anything contained in Sub section (3) of section 319 of the Code of Criminal Procedure, 1973 (2 of 1974) or in section 20 proceed against him as though a prosecution had been instituted against him under section 20.

20 AA. Application of the Probation of Offenders Act, 1958 and section 360 of the Code of Criminal Procedure, 1973-Nothing contained in the Probation of offenders Act, 1958 (20 of 1958) or section 360 of the code of Criminal Procedure, 1973 (2 of 1974) shall apply to a person convicted of an offence under this Act unless that person is under eighteen years of age.

21. Magistrate$s power to impose enhanced penalties —-Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any Metropolitan Magistrate or any Judicial Magistrate of the first class to pass any sentence authorised by this Act, except a sentence of imprisonment for life or for term exceeding six years in excess of his powers under the said section.

22. Protection of action taken in good faith —-No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.

22.A. Powder of Central Government to give directions —-The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of all or any of the provisions of this Act and the State Government shall comply with such directions.

23. Powder of Central Government to make rules —- The Central Government may, after consultation with the Committee and after previous publication by notification in the Official Gazette, make rules to carry out the provisions of this Act.
Provided that consultation with the Committee may be dispensed with if the Central Government is of the opinion that circumstances have arisen which render it necessary to make rules without such consultation, but, in such a case, the Committee shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Committee may make in relation to the amendment of the said rules.

(1A) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) specifying the articles of food or classes of food for the import of which a licence is required and prescribing the form and conditions of such licence, the authority empowered to issue the same, (the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the licence and the circumstances under which such licence or security may be cancelled or forfeited).

(b)Defining the standards of quality for, fixing the limits of variability permissible in respect of, any article of food;

(c)Laying down special provisions for imposing rigorous control over the production, distribution and sale of any article or class of articles of food which the Central Government may, by notification in the Official Gazette, specify in this behalf including registration of the premises where they are manufactured, maintenance of the premises in a sanitary condition and maintenance of the healthy state of human beings associated with the production, distribution and sale of such article or class of articles;

(d)Restricting the packing and labeling of any article of food and the design of any such package or label with a view to preventing the public or the purchaser being deceived or misled as to the character, quality or quantity of the article or to preventing adulteration.

(e)Defining the qualifications powers and duties of food inspectors and public analysis;

(ee) defining the laboratories where samples of articles of food or adulterants may be analysed by public analysts under this Act.

(f) prohibiting the sale or defining the conditions of sale of any substance which may be injurious to health when used as food or restricting in any manner its use as an ingredient in the manufacture of any article of food or regulating by the issue of licences the manufacture or sale of any article of food.

(g)Defining the conditions of sale or conditions for licence of sale of any article of food in the interest of public health;

(h)Specifying the manner in which containers for samples of food purchased for analysis shall be sealed up or fastened up;

(hh) defining the methods of analysis;

(i)specifying a list of permissible permissible preservatives, other than common salt and sugar, which alone shall be used in preserved fruits, vegetables or their products or any other article of food as well as the maximum amounts of each preservative.

(j)Specifying the colouring matter and the maximum quantities thereof which may be used in any article of food;

(k)Providing for the exemption from this Act or of any requirements contained therein and subject to such conditions, if any, as may be specified, of any article or class of articles of food.

(l)Prohibiting or regulating the manufacture, transport or sale of any article known to be used as an adulterant of food;

(m)Prohibiting or regulating-

(i) the addition of any water , or other diluent or adulterant to any article of food;
(ii) the abstraction of any ingredient from any article of food;
(iii) the sale of any article of food to which such addition or from which such abstraction has been made or which has been otherwise artificially treated;
(iv) the mixing of two or more articles of food which are similar in nature or appearance.

(n) providing for the destruction of such articles of food as are not in accordance with the provisions of this Act or of the rules made thereunder.

(2) Every rule made by the Central Government under this act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making and modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

24. Power of the State Government to make rules —-

(1) The State Government may, after consultation with the Committee and subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of this Act in matters not falling within the purview of section 23.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may-

(a) define the powers and duties of the Food (Health) Authority, local authority and Local (Health) Authority under this Act
(b)prescribe the forms of licences for the manufacture for sale, for the storage, for the sale and for the distribution of articles of food or any specified article of food or class of articles of food, the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same, the fees payable therefor, the deposit of any sum as security for the performance of the conditions of the licences and the circumstances under which such licences or security may be suspended, cancelled or forfeited.
(c)direct a fee to be paid for analysing any article of food or for any matter for which a fee may be prescribed under this Act.
(d)direct that the whole or any part of the fines imposed under this Act shall be paid to a local authority on realisation;
(e)Provide for the delegation of the powers and functions conferred by this Act on the State Government or the Food (Health) Authority to subordinate authorities or to local authorities.

(3)All rules made by the State Governments under this Act, shall, as soon as possible after they are made, be laid before the respective State Legislatures.

25. Repeal and Saving —-

(1) if, immediately before the commencement of this Act, there is in force in any State to which this Act extends any law corresponding to this Act, that corresponding law shall upon such commencement stand repealed.

(2) Notwithstanding the repeal by this Act of any corresponding law, all rules, regulations and bye-laws relating to the prevention of adulteration of food made under such corresponding law and in force immediately before the commencement of this Act shall, except where and so far as they are inconsistent with or repugnant to the provisions of this Act, continue in force until altered, amended or repealed by rules made under this Act.

BE it enacted by Parliament in the Eighteenth Year of the
Republic of India as follows:-

1. (1) Short title and commencement. This Act may be called the
Anti-Corruption Laws (Amendment) Act, 1967.(2) It shall be deemed to have come into force on the 5th day of May, 1967.2.Amendment of anti-corruption law in relation to certain pendingtrials.

2. (1) Amendment of anti-corruption law in relation to certain pending trials. Notwithstanding-

(a) the substitution of new provisions for sub-section (3)
of section 5 of the Prevention of Corruption Act, 1947 (2 of
1947). (hereinafter referred to as the 1947-Act) by section
6(2) (c) of the Anti-Corruption Laws (Amendment) Act, 1964 (40
of 1964). (hereinafter referred to as the 1964-Act) ; and

(b) any judgment or order of any court,

the said sub-section (3) as it stood immediately before the com-
mencement of the 1964-Act, shall apply and shall be deemed always to have applied to and in relation to trials of offences punishable under sub-section (2) of section 5 of the 1947-Act pending before any court immediately before such commencement as if no such new provisions had been substituted for the said sub-section (3).

(2) The accused person in any trial to and in relation to which sub-section (1) applies may, at the earliest opportunity available to him after the commencement of this Act, demand that the trial of the offence should proceed from the stage at which it was immediately before the commencement of the 1964-Act and on any such demand being made the court shall proceed with the trial from that stage.

(3) For the removal of doubt it is hereby provided that any court-

(i) before which an appeal or application for revision against any judgment, order or sentence passed or made in any trial to which sub-section (1) applies is pending immediately before the commencement of this Act, or

760

(ii) before which an appeal or application for revision against any judgment, order or sentence passed or made before the commencement of this Act in any such trial, is filed after such commencement,

shall remand the case for trial in conformity with the provisions of this section.

3. (1) Repeal and saving.

 The Anti-Corruption Laws (Amendment)
Ordinance, 1967 (3 of 1967) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.

2. (1) Appeals and confirmations. Any person convicted on a trial held by Commissioner under the Assam Criminal Law Amendment Act,
1934 ( Assam 3 of 1934), may appeal to the High Court of Judicature at Fort William in Bengal, and such appeal shall be disposed of by the said High Court in the manner provided in Chapter XXXI of the Code of
Criminal Procedure, 1898 (5 of 1898).

(2) When the said Commissioners pass a sentence of death, the record of the proceedings before them shall be submitted to the said
High Court, and the sentence shall not be executed unless it is con-
firmed by the High Court which shall exercise in respect of such proceedings all the powers conferred on the High Court by Chapter
XXVII of the Code of Criminal Procedure, 1898 (5 of 1898).

3.Bar of certain legal proceedings.

3. Bar of certain legal proceedings.The powers conferred by section 491 of the Code of Criminal Procedure, 1898 (5 of 1898), shall not be exercised in respect of any person arrested, committed to or detained in custody under the Assam Criminal Law Amendment Act,
1934 (Assam 3 of 1934).

4.Retrospective effect of sections 2 and 3.4. Retrospective effect of section Sections 2 and 3. section 2 and section 3 shall have effect from the commencement of the Assam
Criminal Law Amendment Act, 1934 (Assam 3 of 1934).

AMENDMENT TO THE INDIAN PENAL CODE

2. Insertion of new section 195A.-After section 195 of the Indian Penal Code (45 of 1860), the following section shall be inserted, namely:-”195A. Threatening or inducing any person to give false evidence.-Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both;and if innocent person is convicted and sentenced in consequence of such false evidence, with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced..

CHAPTER III

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE

3.Amendment of section 195.3. Amendment of section 195.-In section 195 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereafter in this Chapter referred to as the Code of Criminal Procedure), in sub-section (1), for the words “except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate”, the words “except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate” shall be substituted. 4.Insertion of new Chapter XXIA.4. Insertion of new Chapter XXIA.-After Chapter XXI of the Code of Criminal Procedure, the following Chapter shall be inserted, namely:-CHAPTER XXIAPLEA BARGAINING265A. Application of the Chapter.-(1) This Chapter shall apply in respect of an accused against whom-(a) the report has been forwarded by the officer in charge of the police station under section 173 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 200, issued the process under section 204,but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child below the age of fourteen years.(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country.265B. Application for plea bargaining.-(1) A person accused of an offence may file an application for plea bargaining in the Court in which such offence is pending for trial.(2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in a case in which he had been charged with the same offence.(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case.(4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where-(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case;(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Code from the stage such application has been filed under sub-section (1).265C. Guidelines for mutually satisfactory disposition.-In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely:-(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case:Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting:Provided further that the accused may, if he so desires, participate in such meeting with his pleader, if any, engaged in the case;(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:Provided further that if the victim of the case or the accused, as the case may be, so desires, he may participate in such meeting with his pleader engaged in the case.265D. Report of the mutually satisfactory disposition to be submitted before the Court.-Where in a meeting under section 265C, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Code from the stage the application under sub-section (1) of section 265B has been filed in such case.265E. Disposal of the case.-Where a satisfactory disposition of the case has been worked out under section 265D, the Court shall dispose of the case in the following manner, namely:-(a) the Court shall award the compensation to the victim in accordance with the disposition under section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused;(b) after hearing the parties under clause (a), if the Court is of the view that section 360 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the case may be;(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment;(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable, as the case may be, for such offence.265F. Judgment of the Court.-The Court shall deliver its judgment in terms of section 265E in the open Court and the same shall be signed by the presiding officer of the Court.265G. Finality of the judgment.-The judgment delivered by the Court under section 265G shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment.265H. Power of the Court in plea bargaining.-A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Code.265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment.-The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code.265J. Savings.-The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter.Explanation.-For the purposes of this Chapter, the expression “Public Prosecutor” has the meaning assigned to it under clause (u) of section 2 and includes an Assistant Public Prosecutor appointed under section 25.265K. Statements of accused not to be used.-Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 265B shall not be used for any other purpose except for the purpose of this Chapter.265L. Non-application of the Chapter.-Nothing in this Chapter shall apply to any juvenile or child as defined in clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000.”. 5.Amendment of section 292.5. Amendment of section 292.-In section 292 of the Code of Criminal Procedure,-(a) in sub-section (1), for the portion beginning with the words “gazetted officer” and ending with the brackets and words “(including the officer of the Controller of Stamps and Stationery)”, the following shall be substituted, namely:-”officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,”;(b) in sub-section (3), for the portion beginning with the words “except with” and ending with the words “as the case may be,”, the following shall be substituted, namely:-”except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,”. 6.Amendment of section 340.6. Amendment of section 340.-In section 340 of the Code of Criminal Procedure, in sub-section (3), for clause (b), the following clause shall be substituted, namely:-”(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf.”.7.Amendment of the First Schedule.7. Amendment of the First Schedule.-In the First Schedule to the Code of Criminal Procedure, under the heading “I.-OFFENCES UNDER THE INDIAN PENAL CODE,”-(a) after the entries relating to section 195, the following entries shall be inserted, namely:——————————————————————————— 1 2 3 4 5 6——————————————————————————–”195A Threatening any Imprisonment for Cognizable Non-bail- Court by person to give 7 years, or fine, able which offence false evidence. or both. of giving false evidence is triable. If innocent The same as for Ditto Ditto Ditto.”, Person is the offence. Convicted and sentenced in consequence of false evidence with death, or imprisonment for more than seven years.——————————————————————————–(b) in the 4th column, in the entry relating to section 196, for the word “Ditto”, the word “Non-cognizable” shall be substituted.. 8.Omission of section 25 of Act 25 of 2005.8. Omission of section 25 of Act 25 of 2005.-Section 25 of the Code of Criminal Procedure (Amendment) Act, 2005 shall be omitted.

CHAPTER IV

 AMENDMENT TO THE INDIAN EVIDENCE ACT, 1872

Amendment of section 154 of Act 1 of 1872.-In the Indian Evidence Act, 1872, section 154 shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:-”(2) Nothing in this section shall disentitle the person so permitted under sub-section (1), to rely on any part of the evidence of such witness.”.T.K. VISWANATHAN,Secy. to the Govt. of India.{}

WHEREAS it is expedient to supplement the criminal law and to that end to amend the Indian Press (Emergency Powers) Act, 1931 (23.of 1931), and further to amend 1* * * the Indian Criminal Law
Amendment Act, 1908 (14 of 1908), for the purposes hereinafter appearing;

It is hereby enacted as follows:-

1.Short title, extent, duration and commencement.

1. Short title, extent, duration and commencement. (1) This
Act may be called the Criminal Law Amendment Act, 1932.2 [(2) It extends to the whole of India except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States].]

4* * * * * *

(4) The whole of the Act except 5* * * section 7 shall come into force at once, and the State Government may, by notification in the Official Gazette direct that 7* * * section 7 shall come into force in any area on such date as may be specified in the notification.

———————————————————————
1 The word ” temporarily ” rep. by the Criminal Law Amendment
Act, 1935, s. 3.2 Subs. by the A. O. 1950, for the former sub-section.

3 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for ” Part
B States”.

4 Sub-section (3), limiting the duration of the Act to three years from commencement, rep. by Criminal Law Amendment Act, 1935, s.
2.5 The words and figure ” section 4 and” rep. by s. 4, ibid.

6 S. 7 was brought into force in-

Former Province of Bihar and Orissa, from 26th December, 1932:
see B. & O. Gazette, Extraordinary, dated 26th December, 1932 ;

The Delhi Province, from 24th December, 1932: see Gazette of India, Extraordinary, 1932, p. 429 ;

The City of Bombay, the Bombay Suburban district and the districts of Kaira, Ahmednagar, East Khandesh, West Khandesh, Ratnagiri and Kanara, from 29th December, 1932: see Bombay Gazette, Extraordinary, dated 27th December, 1932;

Amritsar district, from 31st December, 1932: see Punjab Gazette, Extraordinary, 1932, p. 163 ;

The districts of Cachar, Goalpara, Kamrup, Darrang, Nowgong, Sib-
sagar and Lakhimpur, from 7th January, 1933: see Assam Gazette, Extra-
ordinary, dated 7th January, 1933 ;

Ajmer-Merwara, from 30th September, 1933: see Gazette of India,
1933, Pt. II-A, p. 716.7 The words and figure “section 4 or” rep. by the Criminal Law
Amendment Act, 1935, s. 4.Am. in Bombay by Bom. Act 2407 1959.———————————————————————-

655A

Extended to Pondicherry (with modifications): ride G.S.R. 200.
dt. 7-2-1957, Gaz. of India, Pt. II, Sec. 3(i), p. 230

655B

Extended to Goa, Daman and Die (with modification): vide G.S.R.
863 dt. 2-6-66,Gaz. of India, Ex., pt. II, Sec. 3(i), p. 389.656.2 to

Dissuasion from enlistment. Tampering with public Boycotting a publicservant.

2 to 4. [Dissuasion from enlistment. Tampering with public servants. Boycotting a public servant.] Rep. by the Criminal Law
Amendment Act, 1935, s. 2.5.Dissemination of contents of prescribed document.

5. Dissemination of contents of prescribed document. (1)
Whoever publishes, circulates or repeats in public any passage from a newspaper, book or other document copies whereof have been declared to be forfeited to Government under any law for the time being in force, shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

(2) No Court shall take cognizance of an offence punishable under this section unless the State Government has certified that the passage published, circulated or repeated contains, in the opinion of the State Government, seditious or other matter of the nature referred to in sub-section (1) of section 99A of the Code of Criminal
Procedure, 1898 (5 of 1898) or sub-section (1) of section 4 of the
Indian Press (Emergency, Powers) Act, 1931 (23 of 1931),

6.Dissemination of false rumours.

6. [Dissemination of false rumours.] Rep. by the Criminal Law
Amendment Act, 1935, s. 2.7.Molesting a person to prejudice of employment or business.

7. Molesting a person to prejudice of employment or business.
(1) Whoever-

(a) with intent to cause any person to abstain from doing or to do any act which such person has a right to do or to abstain from doing, obstructs or uses violence to or inti-
midates such person or any member of his family or person in his employ, or loiters at or near a place where such person or member or employed person resides or works or carries on business or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or

(b) loiters or does any similar act at or near the place where a person carries on business, in such a way and with intent that any person may thereby be deterred from entering or approaching or dealing at such place,

shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Explanation.-Encouragement of indigenous industries or advocacy of temperance, without the commission of any of the acts prohibited by this section is not an offence under this section.

657.(2) No Court shall take cognizance of an offence punishable under this section except upon a report in writing of facts which constitute such offence made by a police-officer not below the rank of officer in charge of a police-station.

8.Power to order parent or guardian to pay line imposed on young person.

8. [Power to order parent or guardian to pay line imposed on young person.] Rep. by the Criminal Law Amendment Act, 1935, s. 2.9.Procedure in offences under the Act.

9. Procedure in offences under the Act. Notwithstanding anything contained in the Code of Criminal Procedure,1898 (5 of 1898),

(i) no Court inferior to that of a Presidency Magistrate or
Magistrate of the first class shall try any offence under this Act ;

(ii) an offence punishable under sections 1* * * 5* * * * or
7 shall be cognizable by the police;

2* * * * * *and

(iv) an offence punishable under section 7 shall be non-
bailable.

10.Power of State Government to make certain offences cognizable andnon-bailable.

10. Power of State Government to make certain offences cognizable and non-bailable. (1) The State Government may, by notification in the Official Gazette, declare that any offence punishable under section 186, 188, 189, 190, 228, 295A, 298, 505, 506.or 507 of the Indian Penal Code (45 of 1860), when committed in any area specified in the notification shall, notwithstanding anything co-
ntained in the Code of Criminal Procedure, 1898 (5 of 1898), be cognizable, and thereupon the Code of Criminal Procedure, 1898 (5 of
1898), shall, while such notification remains in force, be deemed to be amended accordingly.

(2) The State Government may, in like manner and subject to the like conditions, and with the like effect, declare that an offence punishable under section 188 or section 506 of the Indian Penal Code
(45 of 1860). shall be non-bailable.

11 t

Amendment of s. 16, Act 14 of 1908. Amendment of s. 17, Act 14 of1908.Insertion of new ss. 17A to 17F in Act 14 of 1908. Amendmentof title and preamble of Act 23 of 1931.11 to 14. [Amendment of s. 16, Act 14 of 1908. Amendment of s.
17, Act 14 of 1908. Insertion of new ss. 17A to 17F in Act 14 of
1908. Amendment of title and preamble of Act 23 of 1931.] Rep. by the
Repealing Act, 1938 (1 of 1938), s. 2 and Sch.

———————————————————————
1 The figures “2″ “3 ” and “6 ” were rep. by the Criminal Law
Amendment Act, 1935, s. 5.2 Cl. (iii) was rep. by s. 5, ibid.

3 For such notifications, as to the former Province of Bihar and
Orissa, see B. & O. Gazette, Extraordinary, dated 26th December, 1932.; and as to the former Presidency of Bombay, see Bombay Gazette, Extraordinary, dated 27th December, 1932.———————————————————————-

658.15.Amendment of s. 1, Act 23 of 1931.15. [Amendment of s. 1, Act 23 of 1931.] Rep. by the Criminal
Law Amendment Act, 1935, s. 2.16.Amendment of s. 4, Act 23 of 1931.16. [Amendment of s. 4, Act 23 of 1931.] Rep. by the Repealing
Act, 1938 (1 of 1938), s. 2 and Sch.

17.Cessation of effect of s. 62, Ordinance 10 of 1932.17. [Cessation of effect of s. 62, Ordinance 10 of 1932.] Rep.
by the Criminal Law Amendment Act, 1935, s. 2.18.Adoption and continuance of action taken under Ordinance 10 of 1932.18. Adoption and continuance of action taken under Ordinance 10.of 1932. Anything done or any proceedings commenced in pursuance of the provisions of Chapter VI of the Special Powers Ordinance, 1932.(10 of 1932), shall, upon the commencement of this Act, be deemed to have been done or to have been commenced in pursuance of the corres-
ponding provisions of the Indian Criminal Law Amendment Act, 1908 (45.of 1908), as amended by this Act, and shall have effect as if this Act was already in force when such thing was done or such proceedings were commenced.

19.Adoption and continuance of action taken under Act 23 of 1931 asamended by Ordinance 10 of 1932.19. Adoption and continuance of action taken under Act 23 of
1931 as amended by Ordinance 10 of 1932. Anything done or any proceedings commenced in pursuance of the provisions of the Indian
Press (Emergency Powers) Act, 1931 (23 of 1931), as amended by section 77 of the Special Powers Ordinance, 1932 (10 of 1932), shall, upon the commencement of this Act, be deemed to have been done or to have been commenced in pursuance of the corresponding provisions of the Indian Press (Emergency Powers) Act, 1931, as amended by this
Act, and shall have effect as if this Act was already in force when such thing was done or such proceedings were commenced.

20.Trial of, and completion of trials of, offences against Ordinance 10of 1932.20. [Trial of, and completion of trials of, offences against
Ordinance 10 of 1932.] Rep. by the Criminal Law Amendment Act, 1935, s. 2.

WHEREAS it is expedient to supplement the criminal law by provid-
ing for the punishment of certain acts prejudicial to the recruitment of persons to serve in, and to the discipline of, 1*[the Armed Forces of the Union]; It is hereby enacted as follows:-.

1. Short title extent and commencement. (1) This Act may be called the Criminal Law Amendment Act, 1938.(2) It extends to the whole of India 2*

(3) It shall come into force in a State on such date3* as the
State Government may, by notification in the Official Gazette, appoint in his behalf for such State.

2.Dissuasion from enlistment and instigation to mutiny or insubordination after enlistment. Whoever-

(a) with intent to affect adversely the recruitment of persons to serve in the Military, Naval or Air Forces of
4*[the Union], wilfully dissuades or attempts to dissuade the public or any person from entering any such Forces, or

(b) without dissuading or attempting to dissuade any person from entering such Forces, instigates the public or any person to do, after entering any such Force, any thing which is an offence punishable as mutiny or insubordination under section 27 of the Indian Army Act5, 1911 (8 of 1911), or sections 10 to 12 and 14 to 17 inclusive of 6* * * the
Indian Navy (Discipline) Act, 1934 (34 of 1934), or sections
35 to 37 inclusive of the Indian Air Force Act7, 1932 (14 of
1932), as the case may be,

——————————————————————–
1 Subs. by the A. O. 1950 for “His Majestys Forces”.

2 The words ” except Part B States ” were omitted by Act 3 of
1951.3 Came into force in the States of Delhi, Ajmer and Coorg on the
1st August, 1954, see Gazette of India, 1954, Pt. 11, see. 3, p. 1806;
in Uttar Pradesh on the 20th August, 1954, see U. P. Gazette, Pt.
I, p. 1041 and in Assam on the 25th August, 1954, see Assam Gazette,
1954, Pt. IIA, p. 1809.4 Subs. by the A. O. 1950 for “His Majesty”.

5 Now see the Army Act, 1950 (46 of 1950).

6 The words “the Naval Discipline Act as applied to the Indian
Navy by” omitted by the A. O. 1950.

7 Now see the Air Force Act, 1950 (45 of 1950).
———————————————————————-

663A

Extended to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-
10-1957): vide Reg. 8 of 1965, s.3 & Sch.

663B

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7.of 1963, s. 3 and Sch. I.

663C

Extended to and brought into force in Dadra and Nagar Haveli
(w.e.f. 1.7.65) by Reg. 6 of 1963, s. 2 & Sch. I.

664.shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

No person shall be prosecuted for any offence under this Act except with the previous sanction of the State Government.

Exception 1.-The provisions of clause (a) of this section do not extend to comments on or criticism of the policy of Government in connection with the Military, Naval or Air Forces, made in good faith without any intention of dissuading from enlistment.

Exception 1.-The provisions of clause (a) of this section do not extend to the case in which advice is given in good faith for the benefit of the individual to whom it is given, or for the benefit of any member of his family or of any of his dependents.

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows: 

1. (1) Short title and extent. This Act may be called the
Criminal Law Amendment Act, 1961.(2) It extends to the whole of India except the State of Jammu and Kashmir.

2.Questioning the territorial integrity or frontiers of India in amanner prejudicial to the interests of safety and security of India.

 (1) Whoever by words either spoken or written, or by signs, or by visible representation or otherwise, questions the territorial integrity or frontiers of India in a manner which is, or is likely to be, prejudicial to the interests of the safety or security of India, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

1*[(2) Whoever publishes a map of India, which is not in conformity with the maps of India as published by the Survey of India, shall be punishable with imprisonment which may be extend to six months, or with fine, or with both.

(3) No court shall take cognizance of an offence punishable under sub-section (2), except on a complaint made by the Government.]

3.Statements, etc., in a notified area prejudicial to maintenance ofpublic order, etc., therein or to safety or security of India andregulation entry of persons in such area.

. (1) If the Central
Government considers that in the interests of the safety or security of India or in the public interest, it is necessary or expedient so to do, it may, by notification in the Official Gazette, declare any area adjoining the frontiers of India to be a notified area ; and thereupon, for so long as the notification is in force, such area shall be a notified area for the purposes of this section.

(2) Whoever makes, Publishes or circulates in any notified area any statement, rumour or report which is, or is likely to be, preju-
dicial to the maintenance of public order or essential supplies or services in the said area or to the interests of the safety or security of India, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(3) On and after such day as may be specified in, and subject to any exemptions for which provision may be made by, a notification issued under sub-section (1), no person who was not immediately before the said day a resident in the area declared to be a notified area by the notification shall enter or attempt to enter that area or be therein except in accordance with the terms of a permit in writing granted to him by a person, not below the rank of a magistrate of the first class, specified in the said notification.

———————————————————————
1 Renumbered and ins. by Act 9 of 1990, S. 2.Extended to and brought into force in Dadra and Nagar Haveli
(w.e.f. 1.7.65) by Reg. 6 of 1963, S. 2 & Sch.I.

Extended to Goa, Daman and Diu with modifications, by Reg.12 of
1962, S. 3 and Sch.

The Act comes into force in Pondicherry on 1.10.1963 vide Reg. 7.of 1963, S. 3 and Sch.

———————————————————————-

756.(4) Any police officer, not below the rank of sub-inspector of police, may search any person entering or attempting to enter, or being in, or leaving, a notified area and any vehicle, vessel, animal or article brought in by such person, and may, for the purpose of the search, detain such person, vehicle, vessel, animal or article:

Provided that no woman shall be searched in pursuance of this sub-section except by a woman authorised in this behalf by the police officer.

(5) If any person is in a notified area in contravention of the provisions of sub-section (3), then, without prejudice to any other proceedings which may be taken against him, he may be removed therefrom by or under the direction of any police officer on duty in the notified area, not below the rank of sub-inspector of police.

(6) If any person enters or attempts to enter a notified area or is therein in contravention of any of the provisions of sub-section
(3), he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

4. Power to declare certain publications forfeited and to issue search warrants for the same. (1) Where any newspaper or book as defined in the Press and Registration of Books Act, 1867 (25 of 1867), or any other document, wherever printed, appears to the State
Government to contain any matter the publication of which is punishable under section 2 or sub-section (2) of section 3, the State
Government may, by notification in the Official Gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document to be forfeited to the Government, and thereupon any police officer may seize the same wherever found and any magistrate may by warrant authorise any police officer not below the rank of sub-
inspector to enter upon and search for the same in any premises where any copy of such issue or any copy of such book or other document may be or may be reasonably suspected to be.

(2) The powers conferred by sub-section (1) on the State Govern-
ment may also be exercised by the Central Government.

(3) In sub-section (1) ” document ” includes also any painting, drawing or photograph, or other visible representation.

5.Application to High Court to set aside order of forfeiture.

5. Application to High Court to set aside order of forfeiture. (1) Any person having any interest in any newspaper, book or other document in respect of which an order of forfeiture has been made under section 4 may, within two months from the date of such order, apply to the High Court to set aside such order on the round that the issue of the newspaper or the book or other

757.document in respect of which the order was made did not contain any matter of such a nature as is referred to in sub-section (1) of section 4.(2) The provisions of sections 99C to 99F of the Code of
Criminal Procedure, 1898 (5 of 1898), shall apply in relation to an application under subsection (1) as they apply in relation to an application under section 99B of that Code and the reference in section 99D to seditious or other matter of such a nature as is referred to in sub-section (1) of section 99A of that Code shall be construed as a reference to any matter of such a nature as is referred to in sub-section (1) of section 4 of this Act.

(3) No order passed or action taken under section 4 shall be called in question in any court otherwise than in accordance with the provisions of this section.

BE it enacted by Parliament as follows:–

1.Short title and extent.

1. Short title and extent. (1) This Act may be called the Drugs
(Control) Act, 1950.

(2) It extends to 1*[the territories which, immediately before the 1st November, 1956, were comprised in Part C States].

2.Interpretation.

2. Interpretation. (1) In this Act, unless the context otherwise requires,–

(a) “dealer” means a person carrying on, either personally or through any other person, the business of selling any drugs, whether wholesale or retail;

(b) “drug” means any drug as defined in clause (b) of section 3 of the Drugs Act, 1940 (23 of 1940), in respect of which a declaration has been made under section 3;

(c) “offer for sale” includes a reference to an intimation by a person of the price proposed by him for a sale of any drug, made by the publication of a price list, by exposing the drug for sale in association with a mark indicating price, by the furnishing of a quotation or otherwise howsoever;

(d) “producer” includes a manufacturer.

2*[(1-A) As from the 1st November, 1956, any reference in this
Act to the Central Government or the Chief Commissioner shall, in relation to the territories which, immediately before the 1st
November, 1956, were comprised in the Part C State of Ajmer or Bhopal and Vindhya Pradesh or Coorg or Kutch, be construed as a reference to the State Government of Rajasthan or Madhya Pradesh or Mysore or
Bombay, as the case may be.]

(2) A drug shall be deemed to be in the possession of a person–

(i) when it is held on behalf of that person by another person or when held by that person on behalf of another person;

(ii) notwithstanding that it is mortgaged to another person.
———————————————————————-
1. Subs. by the Adaptation of Laws (No. 3) Order, 1956, for “all
Part C states”.
Repealed in its application to Kutch Area of Bombay by Bombay Act 11.of 1960.
2. Ins., ibid.

78.3.Drugs to which this Act applies.

3. Drugs to which this Act applies. The Central Government may, by 1*notification in the Official Gazette, declare any drug to be a drug to which this Act applies.

4.Fixing of maximum prices and maximum quantities which may be held orsold.

4. Fixing of maximum prices and maximum quantities which may be held or sold. (1) The Chief Commissioner may, by notification in the
Official Gazette, fix in respect of any drug–

(a) the maximum price or rate which may be charged by a dealer or producer;

(b) the maximum quantity which may at any one time be possessed by a dealer or producer;

(c) the maximum quantity which may in any one transaction be sold to any person.

(2) The prices or rates and the quantities fixed in respect of any drug under this section may be different in different localities or for different classes of dealers or producers.

5.Restrictions on sale, etc., where maximum is fixed under section 4.5. Restrictions on sale, etc., where maximum is fixed under section 4. No dealer or producer shall–

(a) sell, agree to sell, offer for sale or otherwise dispose of, to any person any drug for a price or at a rate exceeding the maximum fixed by notification under clause (a) of sub-section (1) of section 4;

(b) have in his possession at any one time a quantity of any drug exceeding the maximum fixed by notification under clause (b) of sub-section (1) of section 4; or

(c) sell, agree to sell or offer for sale to any person in any one transaction a quantity of any drug exceeding the maximum fixed by notification under clause (c) of sub-section (1) of section 4.6.General limitation on quantity which may be possessed at any one time.

6. General limitation on quantity which may be possessed at any one time. (1) No person shall have in his possession at any one time a greater quantity of any drug to which this section applies than the quantity necessary for his reasonable needs.

(2) This section shall apply only to such drugs as the Chief
Commissioner may, by order published in the Official Gazette, specify for the purpose:

Provided that nothing contained in this section shall apply to a dealer or producer in respect of any drug sold or produced by him.

7.Duty to declare possession of excess stocks.

7. Duty to declare possession of excess stocks. Any person having in his possession a quantity of any drug exceeding that permitted by or under this Act shall forthwith report the fact to the Chief
Commissioner or other officer empowered in this
———————————————————————-
1. For instance see S.R.O. 1379, dated the 4th August, 1952, Gazette of India, Pt. II, Sec. 3, p. 1216.79.behalf by the Chief Commissioner, and shall take such action as to the storage, distribution or disposal of the excess quantity as the Chief
Commissioner may direct.

8.Refusal to sell.

8. Refusal to sell. No dealer or producer shall, unless previously authorized to do so by the Chief Commissioner, without sufficient cause refuse to sell to any person any drug within the limits as to quantity, if any, imposed by this Act.

Explanation.–The possibility or expectation of obtaining a higher price for a drug at a later date shall not be deemed to be a sufficient cause for the purpose of this section.

9.Cash memorandum to be given of certain sales.

9. Cash memorandum to be given of certain sales. (1) Every dealer or producer when selling any drug for cash shall, if the amount of the purchase is five rupees or more, in all cases, and, if the amount of the purchase is less than five rupees, when so requested by the purchaser, give to the purchaser a cash memorandum containing particulars of the transaction.

(2) The Chief Commissioner may, by notification in the Official
Gazette, prescribe the particulars to be contained in any such cash memorandum.

(3) The Chief Commissioner may, by notification in the Official
Gazette, exempt specified areas, classes of dealers or producers, or classes of drugs from the operation of this section.

10.Marking of prices and exhibiting list of prices and stocks.

10. Marking of prices and exhibiting list of prices and stocks.
(1) The Chief Commissioner may direct dealers or producers in general, or any dealer or producer in particular, to mark any drug exposed or intended for sale with the sale prices or to exhibit on the premises a price list of drugs held for sale and the quantities of such drugs in his possession, and may further give directions as to the manner in which any such direction as aforesaid is to be carried out.

(2) No dealer shall destroy, efface or alter or cause to be destroyed, effaced or altered any label or mark affixed to a drug and indicating the price marked by a producer.

11.Obligation to state price separately on composite offer.

11. Obligation to state price separately on composite offer.
Where a dealer or producer makes an offer to enter into a transaction for a consideration to be given as a whole in respect both of a sale of any drug and of some other matter, the dealer or producer making the offer shall state in writing the price which he assigns to that drug, if he is required to do so by any person to whom the offer is made, and the offer shall be deemed for the purposes of this Act to be an offer to sell that drug at the price so stated.

80

12.Prohibition or regulation of the disposal of drugs.

2.. Prohibition or regulation of the disposal of drugs. If in the opinion of the Chief Commissioner it is necessary or expedient so to do, he may, by order in writing–

(a) prohibit the disposal of any drug except in such circumstances and under such conditions as may be specified in the order;

(b) direct the sale of any drug to any such dealer or class of dealers and in such quantities as may be specified in the order;

and make such further orders as appear to him to be necessary or expedient in connection with any order issued under this section.

13.Penalties.

13. Penalties. (1) Whoever contravenes any of the provisions of this Act or fails to comply with any direction made under authority conferred by this Act shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

(2) A Court convicting any person of an offence punishable under this Act may order that the whole or any part of the stock of drugs in respect of which the offence was committed shall be forfeited to the
Government.

(3) It shall be a defence for a person charged with a contravention of any of the provisions of this section to prove that, in relation to the matter in respect of which he is charged, he acted in the course of his employment as a servant or agent of another person on the instructions of his employer or of some other specified person.

14.Offences by corporations.

14. Offences by corporations. Where a person committing an offence punishable under this Act is a company or an association or a body of persons, whether incorporated or not, every director, manager, secretary, agent or other officer or person concerned with the management thereof, shall, unless he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent its commission, be deemed to be guilty of such offence.

15.Procedure.

15. Procedure. (1) No person other than a police-officer of or above the rank of an Inspector of Police or an officer not below the rank of an Inspector of Police authorized in this behalf by the
Central Government by 1*notification in the Official Gazette, shall investigate any offence under this Act.

(2) No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the District
Magistrate.
———————————————————————-
1. For such notification see Gazette of India, 1951, Pt. II, Sec. 3, p. 322.81.16.Power of search and seizure.

16. Power of search and seizure. Any person competent to investigate any offence under this Act may search any place in which he has reason to believe that an offence under this Act has been, or is being committed, and take possession of any stock of drugs in respect of which the offence has been or is being committed and the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), shall, so far as may be applicable, apply to any search or seizure under this
Act as they apply to any search or seizure made under the authority of a warrant issued under section 98 of that Code.

17.Power to make rules.

17. Power to make rules. (1) The Central Government may make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely,–

(a) the maintenance by dealers and producers generally, or by any dealer or producer in particular, of records of all sale and purchase transactions made by them;

(b) the furnishing of any such information as may be required with respect to the business carried on by any dealer or producer;

(c) the inspection of any books of account or other documents belonging to or under the control of any dealer or producer.

18.Protection of action taken in good faith.

18. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act.

19.Saving of other laws.

19. Saving of other laws. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force regulating any of the matters dealt with in this Act.

20.Repeal of Ordinance 26 of 1949.20. [Repeal of Ordinance 26 of 1949.] Rep. by the Repealing and
Amending Act, 1957 (36 of 1957), s. 2 and Sch. I.

1. Short title, extent and commencement. — (1) This Act may be called the Drugs and Cosmetics Act, 1940.

(2) It extends to the whole of India.

(3) It shall come into force at once; but Chapter III shall take effect only from such date 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 as the State Government may, by like notification, appoint in this behalf:

Provided that in relation to the State of Jammu and Kashmir, Chapter II shall take effect only from such date 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.

2. Application of Other laws not barred. — 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.

3. Definitions. — In this Act, unless there is anything repugnant in the subject or context, —

(a) “ [1] [Ayurvedic Siddha or Unani] drugs” includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of [2] [disease or disorder in human beings or animals, and manufactured] exclusively in accordance with the formulae described in, the authoritative books of [3] [Ayurvedic, Siddha and Unani Tibb systems of medicine, specified in the First Schedule;]

(aa) “the Board” means —

(i) in relation to [4] [Ayurvedic, Siddha or Unani drug] the [5] [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;

(aaa) “cosmetic” means any article intended to be rubbed, powered, sprinkled or sprayed on, or introduced into, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and includes any article intended for use as a component of cosmetic, [6] [***]

(b) “drug” includes —

[7] [(i) all medicines for internal or external use of human beings or animals and all substances intended to be used for on in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including preparations applied on human body for the purpose of repelling insects like mosquitoes;]

(ii) such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;]

[8] [(iii) all substances intended for use as components of a drug including empty gelatin capsules; and

(iv) such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette, after consultation with the Board;

(c) “Government Analyst” means —

(i) in relation to [9] [Ayurvedic, Siddha or Unani drug , a Government Analyst appointed by the Central Government or a State Government under Section 33F; and

(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central Government or a State Government under Section 20. [10] [*******]

(e) “Inspector” means —

(i) in relation to [11] [Ayurvedic, Sidha or Unani drug] an Inspector appointed by the Central Government or a State Government under Section 33G; and

(ii) in relation to any other drug or cosmetic, an Inspector appointed by the Central Government or a State Government under Section 21;

(f) “manufacture” in relation to and drug for cosmetic includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its [12] [sale or distribution] but does not include the compounding or dispensing [13] [of any drug, or the packing of any drug or cosmetic,] in the ordinary course of retail business; and “to manufacture” shall be construed accordingly;

(g) “to import”, with its grammatical variations and cognate expressions means to bring into India;

[14] [(h) “patent or proprietory medicine” means, —

(i) in relation to Ayurvedic, Sidha or Unani Tibb systems of medicine all formulations containing only such ingredients mentioned in the formulae described in the authoritative books of Ayurveda, Siddha or Unani Tibb systems of medicine specified in the First Schedule, but does not include a medicine which is administered by parenterate route and also a formulation included in the authoritative books as specified in clause (a)

(ii) in relation to any other systems of medicine, a drug which is a remedy or prescription presented in a form ready for internal or external administration of human beings or animals and which is not included in the edition of the Indian Pharmacopoeia for the time being or any other Pharmacopoeia authorised in this behalf by the Central Government after consultation with the Drugs Technical Advisory Board constituted under Section 5;]

(i) “prescribed” means prescribed by rules made under this Act.

3A. Construction of references to any law not in force or any functionary not in existence in the State of Jammu and Kashmir. — Any reference in this Act to any law which is not in force, or any function not in existence, in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State.

4. Presumption as to poisonous substances. — Any substance specified as poisonous by rule made under Chapter III or Chapter IV or Chapter IVA shall be deemed to be a poisonous substance for the purposes of Chapter III or Chapter IV for Chapter IVA as the case may be.

CHAPTER II-THE DRUGS TECHNICAL ADVISORY BOARD, THE CENTRAL DRUGS LABORATORY AND THE DRUGS CONSULTATIVE COMMITTEE

5. The Drugs Technical Advisory Board. – (1) The Central Government shall, as soon as may be, constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Central Government and the State Governments on technical matters arising out of the administration of this Act and to carry out the other functions assigned to it by this Act.

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 teacher 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) on person to be nominated by the Central Government from the pharmaceutical industry;

(xii) 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 :

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, person 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.

6. The Central Drugs Laboratory. – (1) The Central Government shall, as soon as may be, established a Central Drugs Laboratory under the control of a Director to be appointed by the Central Government, to carry out the functions entrusted to it by this Act or any rules made under this Chapter;

Provided that, if the Central Government so prescribes, the functions of the Central Drugs Laboratory in respect of any drug or class of drugs or cosmetic or class of cosmetics shall be carried out at the Central Research Institute Kasauli, or at any other prescribed Laboratory and the functions of the Director of the Central Drugs Laboratory in respect of such drug or class of drugs or such cosmetics class of cosmetics shall be exercised by the Director of that Institute or of that other Laboratory, as the case may be.

(2) the Central Government may, after consultation with the board, make rules prescribing -

(a) the functions of the Central Drugs laboratory;

[15] [ * * * * * * * ]

(d) the procedure for the submission to the said Laboratory under Chapter IV or Chapter IVA of samples of drugs or cosmetics for analysis or test, the forms of the Laboratory$s reports thereon and the fees payable in respect of such reports;

(e) such other matters as may be necessary or expedient to enable the said Laboratory to carry out its functions;

(f) the matters necessary to be prescribed for the purposes of the proviso to sub-section (1).

STATE AMENDMENTS

Uttar Pradesh

In its application to the State of Uttar Pradesh, in Section 6 (1), after the existing proviso, insert the following proviso:

“Provided further that the State Government may, with the prior approval of the Central Government, direct that the functions of the Central Drugs Laboratory and of the Director may be carried out in Uttar Pradesh by such Authority and such officer respectively as may be specified by the State Government by notification in the official Gazette, and any reference in this Act to the Central Drugs Laboratory or the Director shall then be construed as a reference to such Authority or officer, as the case may be.”

[U.P. Act 47 of 1975]

West Bengal

In its application to the State of West Bengal, in Section 6 (1), after the existing proviso, insert the following proviso:

“Provided further that the State Government may, with the prior approval of the Central Government, direct that the functions of the Central Drugs Laboratory and of the Director may be carried out in West Bengal by such Authority and such officer respectively as may be specified by the State Government by notification in the official Gazette and any reference to this Act to the Central Drugs Laboratory or the Director shall then be construed to mean such Authority or officer, as the case may be.”

[W.B. Act 42 of 1973]

7. The Drugs Consultative Committee. – (1) The Central Government may constitute an advisory committee to be called “the Drugs Consultative Committee” to advise the Central Government, the State Governments and the Drugs Technical Advisory Board on any matter tending to secure uniformity throughout India in the admistration of this Act.

(2) The Drugs Consultative Committee shall consist of two representatives of the Central Government to be nominated by that Government and one representative of each State Government to be nominated by the State Government concerned.

(3) The Drugs Consultative Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure.

7A. Sections 5 and 7 not to apply to [16] [Ayurvedic, Siddha or Union] drugs. – Nothing contained in Section 5 and 7 shall apply to [17] [Ayurvedic, Siddha or Unani] drugs.

CHAPTER IV-MANUFACTURE, SALE AND DISTRIBUTION OF [32] [DRUGS AND COSMETICS]

16. Standards of quality. — (1) For the purposes of this Chapter, the expression “standard quality” means —(a) in relation to a drug, that the drug compiles with the standard set out in the Second Schedule, and

(b) in relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.

(2) The Central Government after consultation with the Board and after giving by notification in the Official Gazette not less than three months$ notice of its intention so to do, may by a like notification

add to or otherwise amend the Second Schedule for the purposes of this Chapter, and thereupon the Second Schedule shall be deemed to be amended accordingly.

[33] [17. Misbranded drugs. — For the purposes of this Chapter, a drug shall be deemed to be misbranded, —

(a) if is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is ; or

(b) if it is not labelled in the prescribed manner; or

(c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.

17A. Adulterated drugs. — For the purposes of this Chapter, a drug shall be deemed to be adulterated, —

(a) if it consists in whole or in part, of any filthy, putrid or decomposed substance; or

(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or

(c) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or

(e) if it contains any harmful or toxic substance which may render it injurious to health; or

(f) if any substance has been mixed therewith so as to reduce its quality or strength.

17B. Spurious drugs. — For the purposes of this chapter, a drug shall be deemed to be spurious, —

(a) if it is manufactured under a name which belongs to another drug; or

(b) if it is an imitation of, or is a subtiute for another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or

(c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or

(d) if it has been substituted wholly or in part by another drug or substance; or

(e) if it purports to be the product of a manufacturer of whom it is not truly a product.

17C. Misbranded cosmetics. — For the purposes of this Chapter, cosmetic shall be deemed to be misbranded, —

(a) if it contains a colour which is not prescribed; or

(b) if it not labelled in the prescribed manner; or

(c) if the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular.

17D. Spurious cosmetics. — For the purposes of this Chapter, a cosmetic shall be deemed to be spurious, —

(a) if it is manufactured under a name which belongs to another cosmetic; or

(b) if it is an imitation of, or a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or

(c) if the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist; or

(d) if it purports to be the products of a manufacturer of whom it is not truly a product.]

18. Prohibition of manufacture and sale of certain drugs and cosmetics. — From such date as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf —

(a) [34] [manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale,] or distribute —

[35] [(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;]

(iia) any adulterated drug]

[36] [(iii) any patent or propriety medicine unless there is displayed in the prescribed manner on the label or container thereof [37] [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 [38] [to prevent, cure or mitigate] any such disease or ailment, or to have any other effect as may be prescribed;

(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 provision of the Chapter or any rule made thereunder;

(b) [39] [sell, or stock or exhibit or offer or distribute any drug or cosmetic which has been imported or manufactured in contravention of any of the provision of this Act or any rule made thereunder]

(c) [40] [manufacture for sale or for distribution, or sell stock or distribute any drug or cosmetic, except under, and in accordance exhibit or offer for sale], or with the conditions of a licence issued for the purpose of examination, test or analysis;

Provided further that the Central Government may; after consultation with the Board, by notification in the Official Gazette, permit, subject to any conditions specified in the notification, the 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.

Explanation — [41] [ * * * * ]

Comments

Expression `offer for sale$ — The manner of keeping or exhibiting them in a shop would assume relevance and importance to see if they were really offered for sale. State of Karnataka v. M/s. Kannika Stores, Mysore and others. 1994 Cri.L.J. 743 = ILR (Kar) 1993 57 = 1993(1) Kant LJ 48 (Kant.)

Ayurvedic Practitioner — Is not authorized to stock Allopathic medicines. State of Punjab v. Lashkar Singh. 1992 Cri.L.J 1745 = 1992(1) Recent Cr 185 = (1992) 2 CCR 613 (P&H)

18A. disclosure of the name of the manufacturer, etc. — Every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the inspector the name, address and other particulars of the person from whom he acquired the drug or cosmetic.

[42] [18B. Maintenance of records and furnishing of information. — Every person holding a licence under clause (c) of Section 18 shall keep maintain such records registers and other documents as may be prescribed and shall furnish to any officer or authority exercising any power or discharging any function under this Act such information as is required by such officer or authority for carrying out the purposes of this Act.”]

19. Pleas. — (1) Save as hereinafter provided in this section, it shall be no defence in a prosecution under this chapter to prove merely that the accused was ignorant of the nature, substance or quality of the drug or cosmetic in respect of which the offence has been committed or of the circumstances of its manufacture or import, or that a purchaser, having bought only for the purpose of test or analysis, has not been prejudiced by the sale.

(2) For the purposes of Section 18 a drug shall not be deemed to be misbranded or [43] [adulterated or spurious] or to below standard quality nor shall a cosmetic be deemed to be misbranded or to be below standard quality only by reason of the fact that —

(a) there has been added thereto some innocuous substances or ingredient because the same is required for the manufacture or preparation of the drug or cosmetic as an article of commerce in a state fit for carriage or consumption, and not to increase the bulk, weight or measure of the drug or cosmetic be deemed or to conceal its inferior quality or other defects; or

(b) in the process of manufacture, preparation or conveyance some extraneous substance has unavoidably become intermixed with it; provided that this clause shall not apply in relation to any sale or distribution of the drug or cosmetic occurring after the vendor or distributor became aware of such inter mixture.

(3) A person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall not be liable for a contravention of Section 18 if he proves —

(a) that he acquired the drug or cosmetic from a duly licensed manufacturer, distributor or dealer thereof;

(b) that he did not know and could not, with reasonable diligence, have ascertained that the drug or cosmetic in any way contravened the provisions of that section; and

(c) that the drug or cosmetic, while in his possession, was properly stored and remained in the same state as when he acquired it.

STATE AMENDMENTS

Uttar Pradesh

In its application to the State of Uttar Pradesh, after Section 19, Section 19-A inserted as follows:

“19-A. Burden of proof. — When any drug or cosmetic is seized from any person under Clause (c) of Section 22 by an Inspector in the reasonable belief that such drug or cosmetic is misbranded or adulterated, the burden of proving that such drug or cosmetic is not misbranded or adulterated shall be on the person from whose possession such drug or cosmetic was seized.”

[U.P. Act 47 of 1975]

West Bengal

In its application to the State of West Bengal, after Section 19, Section 19-A inserted as under:

“19-A. Burden of proof. — When any drug or cosmetic is seized from any person in the reasonable belief that such drug or cosmetic is misbranded or adulterated the burden of proving that such drug or cosmetic is not misbranded or adulterated shall be on the person from whose possession such drug or cosmetic was seized.”

[W.B. Act 47 of 1973]

20. Government Analysts. — (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualification, to be Government Analyst for such areas in the state and in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notifications.

(2) The Central Government may also, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics as may be specified in the notification.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), neither the Central Government nor a State Government shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government under which he is serving.

[44] [(4) No person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be a Government Analyst under sub-section (1) or sub-section (2) of this section.]

21. Inspectors. — (1) The Central Government or a State Government may by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such areas as may be assigned to them by the Central Government or the State Government, as the case may be.

(2) powers which may be exercised by an Inspector and the duties which may be performed by him, 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 shall be such as may be prescribed.

(3) No person who has any financial interest in the import, manufacture or sale or cosmetics shall be appointed to be an Inspector under this section.

(4) Every inspector shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1960) and shall be officially subordinate to such authority [45] [, having prescribed qualifications,] as the Government appointing him may specify in this behalf.

22. Powers of Inspectors. — (1) Subject to the provisions of Section 23 and of any rules made by the Central Government in this behalf, an Inspector may, within the local limits of the area for which he is appointed, —

[46] (a) inspect, —

(i) any premises wherein any drug or cosmetic is being manufactured and the means employed for standardising and testing the drug or cosmetic;

(ii) any premises wherein any drug or cosmetic is being sold, or stocked or exhibited or offered for sale, or distributed;

(b) take samples of any drug or cosmetic, —

(i) which is being manufactured or being sold or is stocked or exhibited or offered for sale, or is being distributed;

(ii) from any person who is in the course of conveying, delivering or preparing to deliver such drug or cosmetic to a purchaser or a consignee;

(c) at all reasonable times, with such assistance, if any, as he considers necessary, —

(i) search any person, what he has reason to believe, has secreted about his person, any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed; or

(ii) enter and search any place in which he has reason to believe that an offence under this Chapter has been, or is being, committed; or

(iii) stop and search any vehicle, vessel or other conveyance which, he has reason to believe, is being used for carrying any drug or cosmetic in respect of which an offence under this Chapter has been, or is being, committed,

and order in writing the person in possession of the drug or cosmetic in respect of which the offence has been, or is being, committed, not to dispose of any stock of such drug or cosmetic for a specified period not exceeding twenty days, or, unless the alleged offence is such that the defect may be removed by the possessor of the drug or cosmetic, seize the stock of such drug or cosmetic and any substance or article by means of which the offence has been, or is being, committed or which may be employed for the commission of such offence.]

(cc) examine any record, register, document or any other material object found [with any person, or in any place, vehicle, vessel or other conveyance referred to in clause (c)], and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the Rules made thereunder;

(cca) require any person to produce any record, register or other document relating to the manufacture for sale or for distribution, stocking, exhibition for sale, offer for sale or distribution of any drug or cosmetic in respect of which he has reason to believe that an offence under this Chapter has been, or is being, committed;

(d) exercise such other powers as may necessary for carrying out the purposes of this Chapter or any rules made thereunder.

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to any search or seizure under this Chapter as they apply to any search or seizure made under the authority of a warrant issued under [Section 94] of the said Code.

[47] [(2A) Every record, register or other document seized under clause (cc) or produced under clause (cca) shall be returned to the person, from whom they were seized or who produce the same within a period of twenty days of the date of such seizure or production, as the case may be, after copies thereof or extracts therefrom certified by that person, in such manner as may be prescribed, have been taken.]

(3) If any person wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Chapter, [48] [or refuse to produce any record, register or other document when so required under clause (ccc) of sub-section (1)].

Comments

Quashment of complaint — Sale and distribution of drugs — Amendment of Section 36-A by Amending Act No. 68 of 1982, offence under Section 33-1 is to be tried in a summary way — Notification issued by State of Haryana — Magistrate not empowered to take cognizance of complaint — Proceedings for warrant trial initiated against the provisions of Act — Complaint, summoning order and consequent proceedings quashed. Surinder Kumar Tuteja v. State of Haryana and Anothers. 1996 Cr.R. 527 (P&H)

23. Procedure of Inspectors. — (1) Where an Inspector takes any sample of a drug or cosmetic under this Chapter, he shall tender the fair price thereof and may require a written acknowledgement thereof.

(2) Where the price tendered under sub-section (1) is refused or where the Inspector seizes the stock of any drug or cosmetic under clause (c) of Section 22, he shall tender a receipt therefor in the prescribed form.

(3) Where an Inspector takes a sample of a drug or cosmetic for the purpose of test or analysis, he shall intimate such purpose in writing in the prescribed form to the person from whom he takes it and, in the presence of such person unless he wilfully absents himself, shall divide the sample into four portions and effectively seal and suitably mark the same and permit such person to add his own seal and mark to all or any of the portions so sealed and marked :

Provided that where the sample is taken from premises whereon the drug or cosmetic is being manufactured, it shall be necessary to divide the sample into three portions only:

Provided further that where the drug or cosmetic is made up in containers of small volume, instead of diving a sample as aforesaid, the Inspector may, and if the drug or cosmetic be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitable marking the same and, where necessary, sealing them.

(4) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows : —

(i) one portion or container he shall forthwith send to the Government analysts for test or analysis;

(ii) the second he shall produce to the Court before which proceedings, if any, are instituted in respect of the drug or cosmetic; and

(iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under Section 18A.

(5) Where an Inspector takes any action under clause (c) of Section 22, —

(a) he shall use all dispatch in ascertaining whether or not the drug or cosmetic contravenes any of the provisions of Section 18 and, if it is ascertained that the drug or cosmetic does not so contravene forthwith revoke the order passed under the said clause or, as the case may be, take such action as may be necessary for the return of the stock seized;

(b) if he seizes the stock of the drug or cosmetic, he shall as soon as may be, inform [49] [a Judicial Magistrate] and take his orders as to the custody thereof;

(c) without prejudice to the institution of any prosecution, if the alleged contravention be such that the defect may be remedied by the possessor of the drug or cosmetic, he shall, on being satisfied that the defect has been so remedied, forthwith revoke his order under the said clause.

(6) Where an Inspector seizes any record, register, document or any other material object under clause (cc) of sub-section (1) or Section 22, he shall, as soon as may be, inform [50] [a Judicial Magistrate] and take his orders as to the custody thereof.

24. Persons bound to disclose place where drugs or cosmetics are manufactured or kept. — Every person for the time being in charge of any premises whereon any drug or cosmetic is being manufactured or is kept for sale or distribution shall, on being required by an Inspector so to do, be legally bound to disclose to the Inspector the place where the drug or cosmetic is being manufactured or is kept, as the case may be.

25. Reports of Government Analysts. — (1) The Government Analyst to whom a sample of any drug or cosmetic has been submitted for test or analysis under sub-section (4) of Section 23, shall deliver to the Inspector submitting it a signed report in triplicate in the prescribed form.

(2) The Inspector on receipt thereof shall deliver one copy of the report to the person from whom the sample was taken and another copy to the person, if any, whose name, address and other particulars have been disclosed under Section 18A, and shall retain the third copy for use in any prosecution in respect of the sample.

(3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken or the person whose name, address and other particulars have been disclosed under Section 18A has, within twenty-eight days of the receipt of a copy of the report, notified in writing the Inspector or the Court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report.

(4) Unless the sample has already been tested or analysed in the Central Drugs Laboratory, where a person has under sub-section (3) notified his intention of adducing evidence in controversion of a Government Analyst$s report, the Court may, of its own motion or in its discretion at the request either of the complaint or the accused; cause the sample of drug or cosmetic produced before the Magistrate under sub-section (4) of Section 23 to be sent for test or analysis to the said Laboratory, which shall make the test or analysis and report in writing signed by or under the authority of, the Director of the Central Drugs Laboratory the result thereof, and such report shall conclusive evidence of the facts stated therein.

(5) The cost of a test or analysis made by the Central Drugs Laboratory under sub-section (4) shall be paid by the complainant or accused as the Court shall direct.

26. Purchaser of drug or cosmetic enabled to obtain test or analysis. — Any person [51] [or any recognised consumer association, whether such person is a member of that association or not] shall, on application in the prescribed manner and on payment of the prescribed fee, be entitled to summit for test or analysis to a Government Analyst any drug or cosmetic [52] [purchased by him or it] and to receive a report of such test or analysis signed by the Government Analyst.

[53] [Explanation. — For the purposes of this section and Section 32, “recognised consumer association” means a voluntary consumer association registered under Companies Act, 1956 (1 of 1956) or any other law for the time being in force.]

26A. Power of Central Government to prohibit manufacture, etc., of drug and cosmetic in public interest. — Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied, that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed or purported to be claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do, then, that Government may, by notification in the Official Gazette, prohibit the manufacture, sale or distribution of such drug or cosmetic.

[54] 27. Penalty for manufacture, sale etc., of drugs in contravention of this Chapter. — Whoever, himself of by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes, —

(a) any drug deemed to be adulterated under Section 17A or spurious under Section 17B or which when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of Section 320 of the Indian Penal Code (45 of 1860), solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to a term of life and with fine which shall not be less than ten thousand rupees;

(b) any drug —

(i) deemed to be adulterated under Section 17A, but not being a drug referred to in clause (a), or

(ii) without a valid licence as required under clause (c) of Section 18,

shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than five thousand rupees;

Provided that the Court may, for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year and of fine of less than five thousand rupees;

(c) Any drug deemed to be spurious under Section 17B, but not being a drug referred to in clause (a) shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than five thousand rupees :

Provided that the Court may, for any adequate and special reasons, to be recorded in the judgment, impose a sentence of imprisonment for a term of less than three years but not less than one year;

(d) any drug other than a drug referred to in clause (a) or clause (b) or clause (c), in contravention of any other provision of this Chapter or any rule made thereunder, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to two years and with fine.

Provided that the Court may for any adequate and special reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year.]

STATE AMENDMENTS

Uttar Pradesh

In its application to the State of Uttar Pradesh, for Section 27, substitute as under:

“27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter. — Whoever himself or by any other person on his behalf manufactures for sale, sells, stocks or exhibits for sale, or distributes, —

(a) any drug —

(i)deemed to be misbranded under Clause (a), Clause (b), Clause (c), Clause (d), Clause (f) or Clause (g) of Section 17 or adulterated under Section 17-b, or

(ii)without a valid licence as required under Clause (c) of Section 18, or

(b) any drug other than drug referred to in Clause (a) in contravention of the provisions of this Chapter or any rule made thereunder,

shall be punished with imprisonment for life:

Provided that the Court may, for any special reasons to be recorded in writing impose a sentence of imprisonment which is less than imprisonment for life.”

[U.P. Act 47 of 1975]

West Bengal

In its application to the State of West Bengal, in Clause (a) of Section 27, for the words, “for a term which shall not be less than one year but which may extend to ten years” words “for life” substituted; in the proviso, for the words “imprisonment for less than one year” words “less than imprisonment for life” substituted; and in Clause (b), the words “for a term which may extend to three years” words “for life” substituted

[West Bengal Act 42 of 1973]

27A. Penalty for manufacture, sale, etc., of cosmetic in contravention of his Chapter. — Whoever himself or by any other person on his behalf manufactures for sale or for distribution, or stocks or exhibits or offers for sale —

(i) any cosmetic deemed to be spurious under Section 17C shall be punishable with imprisonment for terms which may extend to three years and with fine;

(ii) any cosmetic other than a cosmetic referred to in clause (i) above in contravention of any provisions of this Chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.]

STATE AMENDMENTS

Uttar Pradesh

In its application to the State of Uttar Pradesh, for Section 27-A substitute as under:

“27-A. Penalty for manufacture, sale, etc., of cosmetics in contravention of this Chapter. — Whoever himself or by any other person on his behalf manufacturers for sale, sells, stocks or exhibits for sale, or distributes any cosmetics in contravention of any of the provisions of this Chapter or any rule made thereunder, shall be punishable with imprisonment for life and shall also be liable to fine:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment which is less than imprisonment for life.”

[U.P. Act 45 of 1975]

West Bengal

In its application to the State of West Bengal, in Section 27-A for the words “a term which may extend to one year, or with fine which may extend to five hundred rupees.” words “life or with fine,” substituted.

[West Bengal Act 42 of 1973]

28. Penalty for non-disclosure of the name of the manufacturer, etc. — Whoever contravenes the provisions of Section 18A [55] [or Section 24] shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to [56] [one thousand rupees], or with both.

[57] [28A. Penalty for not keeping documents, etc., and for non-disclosure of information. — Whoever without reasonable cause or excuse, contravenes the provisions of Section 18B shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

[58] [28B. Penalty for manufacture, etc., of drugs or cosmetics in contravention of section 26A. — Whoever himself or by any other person on his behalf manufactures or sells or distributes any drug or cosmetic in contravention of the provisions of any notification issued under Section 26A, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to five thousand rupees.]

29. Penalty for use of Government Analyst$s report for advertising. — Whoever uses any report of a test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from such report, for the purpose of advertising any drug or cosmetic, shall be punishable with fine which may extend to five hundred rupees.

30. Penalty for subsequent offences. — [59] [(1) Whoever having been convicted of an offence, —

(a) under clause (b) of Section 27 is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand rupees :

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years and of fine of less than ten thousand rupees;

(b) under clause (c) of Section 27, is again convicted of an offence under that clause be punishable with imprisonment for a term which shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees;

(c) under clause (d) of Section 27, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to four years or with fine which shall not be less than five thousand rupees, or with both;]

(1A) Whoever, having been convicted of an offence under Section 27A is again convicted under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to [60] [two thousand rupees], or with both.

(2) Whoever, having been convicted of an offence under Section 29 is again convicted of an offence under the section shall be punishable with imprisonment which may extend to ten years or with fine, or with both.

STATE AMENDMENTS

Uttar Pradesh

In its application to the State of Uttar Pradesh for Section 30 substitute as under:

“30. All offences punishable under this Chapter shall be cognizable and non-bailable.”

[U.P. Act 45 of 1975]

West Bengal

In its application to the State of Uttar Pradesh for Section 30 substitute as under:

“30. All offences punishable under this Chapter shall be cognizable and non-bailable.”[U.P. Act 45 of 1975]

West Bengal

In its application to the State of West Bengal, —

(a) in Section 30 (1)(a), for the words “ten years”, the words “imprisonment for life” shall be substituted;

(b) in Section 30 (1)(b), for the words “may extend to ten years or with fine, or with both”, the words “shall but be less than two years but which may extend to imprisonment for life and shall also be liable to fine”, shall be substituted;

(c) under Section 30(1-A) for the words “may extend to two years, or with fine which may extend to one thousand rupees, or with both”, the words “shall also be liable to fine” shall be substituted. [W.B. Act 42 of 1973]

31. Confiscation. — (1) Where any person has been convicted under this Chapter for contravening any such person of this Chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the drug or cosmetic in respect of which the contravention has been made shall be liable to confiscation and if such contravention is in respect of —

[61] [(i) manufacture of any drug deemed to be misbranded under Section 17, adulterated under Section 17A or spurious under Section 17B; or]

(ii) [62] [manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering for sale,] or distribution of any drug without a valid licence as required under clause (c) of Section 18.

any implements or machinery used in such manufacture, sale or distribution and any receptacles, packages or coverings in which such drug is contained and the animals, vehicles, vessels or other conveyances used in carrying such drug shall also be liable to confiscation;

(2) Without prejudice to the provisions contained in sub-section (1) where the Court is satisfied, on the application of an Inspector or otherwise and after such inquiry as may be necessary that the drug or cosmetic is not of standard quality [63] [or is a misbranded, adulterated or spurious drug or misbranded or suprious cosmetic], such drug or, as the case may be, such cosmetic shall be liable to consfication.

[64] [31A. Application of provisions to Government departments. — The provisions of this Chapter except those contained in Section 31 shall apply in relation to the manufacture, sale or distribution of drugs by any department of Government as they apply in relation to the manufacture, sale or distribution of drugs by any other person.]

32. Cognizance of offences. — (1) No prosecution under this Chapter shall be instituted except by an Inspector [65] [or by the person aggrieved or by a recognised consumer association whether such person is a member of that association or not].

(2) No Court inferior to that [66] [a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under this Chapter.

(3) Nothing contained in this Chapter shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence against this Chapter.

STATE AMENDMENTS

Haryana

Same as in Punjab.

[Haryana A.L.O. 1968]

Punjab

For the words “a Magistrate” in sub- section (2), substitute the words `a Judicial Magistrate$.

[Punjab Act 25 of 1964]

West Bengal

For Section 32 substitute as under:

[1] “32. Cognizance of offence and arrest without warrant. — [1] (1) All offences punishable under this Act shall be cognizable and non-bailable.

(2) Any Police Officer not below the rank of a Sub- Inspector of Police may arrest without warrant any person against whom a reasonable complaint has been made or credible information has been received of his having been concerned in any of the offences punishable under this Act”.

[W.B. Act 42 of 1973]

Comments

Appeal against acquittal — Public prosecutor under Section 378(1) of Cr.P.C is competent to present appeal against acquittal under Drugs Act. State of Maharashtra v. Jethmal Himatmal Jain and another. 1994 Cri.L.J. 2613 = 1994(4) Bom CR 103 (Bom.)

Complaint — Filing of by aggrieved person — Aggrieved person can also file a complaint on which cognizance can be taken. Raghunath Bhagat v. State of Bihar. 1991 Cri.L.J. 2054 = 1990 BBCJ 588 = 1990(2) BLJR 1299 (Patna)

32A. Power of Court to implead the manufacturer, etc. — Where, at any time during the trial of any offence under this Chapter alleged to have been committed by any person, not being the manufacture of a drug or cosmetic or his agent for the distribution thereof the Court is satisfied, on the evidence in that offence, then the Court may, notwithstanding anything contained [67] [in sub-section (1), (2) and (3) of Section 319 of the Code of Criminal Procedure, 1973 (2 of 1974)] proved against him as though a prosecution had been instituted against him under Section 32.

33. Power of Central Government to make rules. — (1) The Central Government may [68] [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 on 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 or cosmetic.

(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 or cosmetic is of standard quality;

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

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

(e) prescribe the forms of licences [69] [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 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 [70] [the qualifications of such authority] and the fees payable therefor [71] [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 compiled with];

[72] (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 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 or cosmetics [73] [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 or cosmetics packed in contravention of such conditions;

(j) regulate the mode of labelling packed drugs 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;

[74] [* * * * *]

(n) prescribe the powers and duties of Inspectors [75] [and the qualifications of the authority to which such Inspectors shall be subordinate] and specify the drugs or classes of drugs or 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;

(p) specify the offences against this Chapter or any rule made thereunder in relation to which an order 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 or cosmetics or class of cosmetics;

STATE AMENDMENT

Maharashtra

(i) In Section 33 in sub-section (2), —

(a) in Clause (e), the words “and the fees payable therefor” shall be deleted; and

(b) Clause (eee) shall be deleted; and

(c) in Clause (o), the words “and the fees payable thereof” shall be deleted.

(ii) After Section 33, the following section shall be inserted namely: —

“33-1A. Power of State Government to make rules. — The State Government may, by notification in the official Gazette and subject to the condition of previous publication, makes rules, to prescribe the fees payable for the following purposes of this Chapter namely: —

(a) grant or renewal, of a licence for the manufacture for sale or distribution for the sale and for the distribution of drugs or any specified drugs or class of drugs or of cosmetics or any specified cosmetics or class of cosmetics;

(b) inspection (for the purposes of grant or renewal of licences) of premises, wherein any drugs or cosmetic is being or is proposed to be manufactured;

(c) test or analysis of any drug or cosmetic by Government Analyst; and

(d) any other matter for which fees may be prescribed under this Chapter”.

[Maharashtra Act, 31 of 1989]

33A. Chapter not to apply to [76] [Ayurvedic Sidhha or Unani] drugs. — Save as otherwise provided in this Act, nothing contained in this Chapter shall apply to [77] [Ayurvedic Siddha or Unani] drugs.

CHAPTER V-MISCELLANEOUS33P. Power to give directions. — The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule or order made thereunder.]

36. Magistrate$s power to impose enhanced penalties. — Notwithstanding anything contained in [103] [the Code of Criminal Procedure, 1973 (2 of 1974)] it shall be lawful for any Metropolitan Magistrate or any Magistrate of the first class to pass any sentence authorized by this Act in excess of his powers under the said Code.

[104] [36A. Certain offences to be tried summarily. — Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), all offences under this Act, punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of Section 33-I, shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial :

Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year :

Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the Magistrate that the nature of case is such that a senctence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by the said Code.]

37. Protection of action taken in good faith. — No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

38. Rules to be laid before Parliament. — Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, [105] [and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATE AMENDMENT

Maharashtra

(i) In Section 38 for the words “Every rule made” the words “Every rule made by the Central Government” shall be substituted.

(ii) After Section 38 the following section shall be inserted namely: —

“39. Rules to be laid before State Legislature. — Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before each house of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the official Gazette the rule shall from the date of application of such notification have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.”

THE FIRST SCHEDULE

[See Section 3(a)]

[106] [A — AURVEDIC AND SIDDHA SYSTEMS]

——————————————————————————————————————————-

Serial No. Name of book

(1) (2)

———————————————————————————————————————————

Ayurveda

1. Arogya Kalpadruma

2. Arka Prakasha

3. Arya Bhishak

4. Ashtanga Hridya

5. Ashtanga Samgraha

6. Ayurveda Kalpadruma

7. Ayurveda Prakasha

8. Ayurveda Samgraha

9. Bhaishajya Ratnavali

10. Bharat Bhaisnajya Ratnakara

11. Bhava Prakashal

12. Brihat Nighantu Ratnakara

13. Charaka Samhita

14. Chakra Datta

15. Gada Nigraha

16. Kupi Pakva Rasayana

17. Nighantu Ratnakara

18. Rasa Chandanshu

19. Rasa Raja Sundara

20. Rasaratna Samuchaya

21. Rasatanatara Sara Siddha Prayoga Samgraha

22. Rasa Tarangini

23. Rasa Yoga Sagara

24. Rasa Yoga Ratnakara

25. Rasa Yoga Samgraha

26. Rasendra Sara Samgraha

27. Rasa Pradipika

28. Sahasrayoga

29. Sarvaroga Chikitsa Ratnam

30. Sarvavoga Chikitsa Ratnam

31. Sharangadhara Samhita

32. Siddha Bhaishajya Manimala

33. Sidha Yoga Samgraha

34. Sushruta Samhita

35. Vaidya Chintamani

36. Vaidyaka Shabda Sindu

37. Vaidyaka Chikitsa Sara

38. Vaidya Jiwan

39. Basave Rajeeyam

40. Yoga Ratnakara

41. Yoga Tarangini

42. Yoga Chintamani

43. Kashyapasamhita

44. Bhelasamhita

45. Vishwanathachikitsa

46. Vrindachikitsa

47. Ayurvedachintamani

48. Abhinavachintamani

49. Ayurveda-ratnakar

50. Yogaratnasangraha

51. Rasamrita

52. Drayvagunanighantu

53. Rasamanijari

54. Bangasena

[107] [54-A Ayurvedic Formulary of India (Part I)

54-B. Ayurveda Sara Samagraha] Siddha

55. Siddha Vaidya Thirattu

56. Therayar Maha Karisal

57. Brahma Muni Karukkadai (300)

58. Bhogar (700)

59. Pulippani (500)

60. Agasthiyar Paripurnam (400)

61. Therayer Yamagan

62. Agasthiyar Chenduram (300)

63. Agasthiyar (1500)

64. Athmarakshamrutham

65. Agasthiyar Pin (80)

66. Agasthiyar Ratna Churukkam

67. Therayar Karisal (300)

68. Veeramamuni Nasa Kandam

69. Agasthiyar (600)

70. Agasthiyar Kanma Soothiram

71. 18 Siddhar$s Chillarai Kovai

72. Yog Vatha Kaviyam

73. Therayar Tharu

74. Agasthiyar Vaidya Kaviyam (1500)

75. Bala Vagadam

76. Chimittu Rathna (Rathna) Churukkam

77. Nagamuni (200)

78. Agasthiyar Chillarai Kovai

79. Chikicha Rathna Deepam

80. Agasthiyar Nayana Vidhi

81. Yugi Karisal (151)

82. Agasthiyar Vallathi (600)

83. Therayar Thaila Varkam

[108] 84. Diddha Formulary of India (Part I)]

[B-UNANI (TIBB) SYSTEM] [1]

1. Karabadin Qadri

2. Karabadin Kabir

3. Karabadin Azam

4. Ilaj-ul-Amraz

5. Al Karabadin

6. Biaz Kabir Vol. II

7. Karabadin Jaddi

8. Kitalf-ul-Taklis

9. Sanat-ul-Taklis

10. Mifte-ul-Khazain

11. Madan-ul-Aksir

12. Makhzan-ul-murabhat

13. National Formulary of Unani Medicine (Part I)
THE SECOND SCHEDULE
[See Sections 8 and 16]

STANDARDS TO BE COMPLIED WITH BY IMPORTED DRUGS AND BY DRUGS MANUFACTURED FOR SALE, SOLD, STOCKED OR EXHIBITED FOR SALE OR DISTRIBUTED

1. Patent or proprietary medicines [109] [other than Homoeopathic medicines].
The formula or list of ingredients displayed in the prescribed manner on the label or container and such other standards as may be prescribed.

[110] [2. Substances commonly known as vaccines, sera, toxins, toxoids, anti-toxins and antigens and biological products of like nature, for human use or for veterinary use.
The standards maintained at the International Laboratory for Biological Standards, Stantans Serum Institute, Copenhagen and at the Central Veterinary Laboratory, Weybridge Surrey, UK., and such other laboratories recognised by the World Health Organisation from time to time, and such further standards of strength, quality, and purity, as may be prescribed.]

3. [111] [***]

4. Substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermin or insects which causes disease in human beings or animals.
Such standards as may be prescribed.

[112] 4A. Homoeopathic Medicines : —

(a) Drugs included in the Homoeopathic Pharmacopoeia of India.

(b) Drugs not included in the Homoeopathic Pharmacopoeia of India, but which are included in the Homoeopathic Pharmacopoeia of United States of America or the United Kingdom or the German Homoeopathic Pharmacopoeia.

(c) Drugs not included in the Homoeopathic Pharmacopoeia of India or the United States of America or the United Kingdom or the German Homoeopathic Pharmacopoeia.

Standards of identity, purity and strength specified in the edition of the Homoeopathic Pharmacopoeia of India for the time being and such other standards as may be prescribed.

Standards of identity, purity and strength prescribed for the Drugs in the edition on such Pharmacopoeia for the time being in which they are given and such other standards as may be prescribed.

The formula or list of ingredients displayed in the prescribed manner on the label of the container and such other standards as may be prescribed by the Central Government].

5. Other drugs : —

(a) Drugs included in the Indian Pharmacopoeia.

(b) Drugs not included in the Indian Pharmacopoeia but which are included in the official Pharmacopoeia of any other Country.

Standards of identity, purity and strength specified in the edition of the Indian Pharmacopoeia for the time being in force and such other standards as may be prescribed.

In case the standards of identity, purity and strength for drugs are not specified in the edition of the Indian Pharmecopoeia for the time being in force but are specified in the edition of the Indian Pharmacopoeia immediately preceding the standards of identity, purity and strength shall be those occurring in such immediately preceding edition of such official Pharmacopoeia and such other standars as may be prescribed.

Standards of identity, purity and strength specified for drugs in the edition of such official Pharmacopoeia of any other country for the time being in force and such other standards as may be prescribed.

In case the standard of identity, purity and strength for drugs are not specified in the edition of such official Pharmacopoeia for the time being in force, but are specified in the edition immediately preceding, the standards of identity, purity and strength shall be those occurring in such immediately preceding edition of such official Pharmacopoeia and such other standards as may be prescribed.]

——————————————————————————–

[1] Subs. by Act No. 68 of 1982, for the words “Ayurvedic (including Siddha) and Unani”. (w.e.f. 1-2-1983).

[2] Subs. by Act No. 68 of 1982, for the words “disease in human beings, mentioned in processed and manufactured” (w.e.f. 1-2-1983).

[3] Subs. by Act No 68 of 1982, for the words “Ayurvedic(including Siddha) and Unani (Tibb) systems of medicine” (w.e.f. 1-2-1983).

[4] Subs. by Act No. 68 of 1982, for the words Ayurvedic (including Siddha) and Unani (w.e.f. 1-2-1983).

[5] Subs. by Act No. 68 of 1982, for the words for “Ayurvedic and Unani Drugs Technical Advisory Board” (w.e.f. 1-2-1983).

[6] Certain words omitted by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[7] Subs. for sub-clause (i) by Act No 68 of 1982.

[8] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[9] Subs. by Act No. 68 of 1982, for the words “Ayurvedic (including Sidha) or Unani”.

[10] Cl. (d) omitted by Act No. 19 of 1972.

[11] Subs. by Act No. 68 of 1982 for the words `Ayurvedic (including Siddha) or Unani$.

[12] Subs. for “sale and distribution” by Act No 68 of 1982, (w.e.f. 1-2-1983).

[13] Subs. for “or the packing of any drug” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[14] Subs. for clause (h) by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[15] Cls. (b) and (c) omitted by act No. 11 of 1955.

[16] Subs. for “Ayurvedic (including Siddha) or Unani” by Act. No. 68 of 1982 (w.e.f. 1- 2-1983).

[17] Subs. for Ayurvedic (including Siddha) or Unani by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[18] Subs. for “IMPORT OF DRUGS” by Act No.. 68 of 1982 (w.e.f. 1-2-1983).

[19] Subs. for Section 9 by Act No. 68 of 1982 (w.e.f. 1-2.1983).

[20] Subs. for Section 9A and 9B by Act No. 68 of 1982 (w.e.f. 1- 2-1983).

[21] Subs. for “or misbranded cosmetic” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[22] Subs. for “adulterated” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[23] Subs. for “the true formula or list of ingredients contained in it, in a manner readily intelligible to the members of the medical professions” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[24] Explanation omitted by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[25] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[26] Now see the Customs Act, 1962.

[27] Subs. for “and prescribe the from and conditions of such licences, the authority empowered to issue the same, and the fees payable therefor” by Act No. 68 of 1982, (w.e.f. 1-2-1983)

[28] Subs. for “Section 9B “ by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[29] Ins. by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[30] Subs. for Section 13 by Act No. 68 of 1982 (w.e.f. 1- 2-1983).

[31] Subs. for “of a Presidency Magistrate or of a Magistrate of the first class” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[32] Subs. for “DRUGS” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[33] Subs. for Section 17, 17A and 17B by Act No. 68 of 1982, (w.e.f.1-2-1983).

[34] Subs. for “manufacturer for sale, or stock or exhibit for sale,” by Act No. 68 of 1982, Sec. 14(a) (i); (w.e.f. 1-2-1983).

[35] Subs. for sub-clause (i), (ii) and (iia) by Act No. 68 of 1982, Sec. 14(a) (ii); (w.e.f. 1-2-1983).

[36] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[37] Subs, for “the true formula or list of ingredients contained in it in a manner readily intelligible to the members of the medical profession” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[38] Subs. by Ibid., for “to cure or mitigate”.

[39] Subs. for “sell, or stock or exhibit for sale” by Act No. 68 of 1982 (w.e.f. 1-2-1984).

[40] Subs. for “manufacturer for sell, or stock or exhibit for sale” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[41] Omitted by Act No. 68 of 1962 (w.e.f. 1-2-1983).

[42] Ins. by Act. No. 68 of 1982 (w.e.f. 1-2-1983).

[43] Subs. for “adulterated” by Act No. 68 of 1982) (w.e.f. 1-2-1983).

[44] Ins. by Act No 68 of 1982 (w.e.f. 1-2-1983).

[45] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[46] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[47] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[48] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[49] Subs. for a “a Magistrate” by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[50] Subs, for a a Magistrate by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[51] Ins. by Act No. 71 of 1986 (w.e.f. 15-9- 1987).

[52] Subs. for the words “purchased by him” by Act No. 71 of 1986 (w.e.f. 15-9-1987).

[53] Added by Act No. 71 of 1986 (w.e.f. 15-9-1987).

[54] Subs. for Section 27 and 27A by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[55] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[56] Subs. for “five hundred rupees” by Act No. 68 of 1982 (w.e.f. 1-2- 1983).

[57] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[58] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[59] Subs. for sub-section (1) by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[60] Subs. for “one thousand rupees” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[61] Subs. for clause (i) by Act No. 64 of 1982 (w.e.f. 1-2-1983).

[62] Subs. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[63] Subs. of `misbranded or adulterated drug, or misbranded cosmetics$ by Act No. 68 of 1982.

[64] Ins. by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[65] Ins. by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[66] Subs. for `a presidency Magistrate or Magistrate of the first class by Act No. 68 of 1982.

[67] Subs. for `in sub-section (1) of Section 351 of Code of Criminal Procedure 1898 by Act No. 68 of 1982.

[68] Subs. for “after consultation with the board” by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[69] Subs. for “for the manufacture for sale” by Act No. 68 of 1982 (w.e.f. 1-2- 1983).

[70] Ins. by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[71] Ins. by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[72] Ins. by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[73] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[74] Cl. (m) omitted by Act No. 13 of 1964, (w.e.f. 15-9-1964).

[75] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[76] Subs. for “Ayurvedic (including Siddha) or Unani” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[77] Subs. for Ayurvedic (including Siddha) or Unani By Act No. 68 of 1982 (w.e.f. 1-2-1983).

[78] Subs. for “Ayurvedic (including Siddha) or Unani” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[79] Subs. for Ayurvedic (including Siddha) or Unani By Act No. 68 of 1982 (w.e.f. 1-2-1983).

[80] Subs. for “Ayurvedic and Unani Drugs Technical Advisory Board” by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[81] Subs. for clause (iii) by Act No. 68of 1982, (w.e.f. 1-2-1983).

[82] Subs. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[83] Subs. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[84] Subs. for Sections 33D and 33E by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[85] Ins. by Act No. 68 of 1982 Sec. 32 (w.e.f. 1-2-1983).

[86] Subs. for “Ayurvedic (including Siddha) or Unani” by Act No. 68 of 1982, (w.e.f. 1-2-1983).

[87] Subs. for Sections 33I and 33J by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[88] Subs. for “Ayurvedic (including Siddha) or Unani” by Act No. 68 of 1982 (w.e.f. 1-2- 1983).

[89] Subs. for Ayurvedic (including Siddha) or Unani by Act No. 68 of 1982 (w.e.f. 1-2-1983)

[90] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[91] Subs. for “of a Presidency Magistrate or of a Magistrate of the first class” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[92] Subs. for “after consultation with the Board” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[93] Subs. by Act No. 68 of 1982, for “Ayurvedic (including Siddha) or Unani” (w.e.f. 1-2-1983).

[94] Subs. by Act No. 68 of 1982, for “Ayurvedic (including Siddha) or Unani” (w.e.f. 1-2-1983).

[95] Subs. by Act No. 68 of 1982, for “Ayurvedic (including Siddha) or Unani” (w.e.f. 1-2-1983)

[96] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[97] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[98] Subs. for clause (f) by Act No. 68 of 1982 (w.e.f. 1-2- 1983).

[99] Subs. for Ayurvedic (including Siddha) or Unani by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[100] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983)

[101] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[102] Subs. for “it shall be lawful for the Court before which the conviction takes place to cause” by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[103] Subs. for `The Code of Criminal Procedure 1898$.

[104] Ins. by Act No. 68 of 1982 (w.e.f. 1-2-1983).

[105] Subs. for “before the expiry of the session in which it is so laid or the successive sessions aforesaid” by Act No. 68 of 1982.

[106] Subs. by Act No. 68 of 1982, for “A — AYURVEDIC SIDHA SYSTEM”.

[107] Ins. by G.S.R. 735 (E), dated 28th August, 1987.

[108] Subs. by Act No. 68 of 1982, Section 41(b) (w.e.f. 1st February, 1983).

[109] Ins. by Notification No. SO 887, dated 19th March, 1966, Gazette of India, Pt. II, Section 3 (ii), p. 819.

[110] Subs. by GSR 299, (E), dated 23rd April, 1984.

[111] Omitted by GSR 299(E), dated 23rd April, 1984.

[112] Amended by Ministry of Health and Family Welfare Notification No. X-11014/3/77-D/M/S&PFA, dated 6th June, 1978, GSR 820, dated 24th June, 1978, Gazette of India, Pt. 11, Section (3)(ii), p. 1471.

CHAPTER III- [18] [IMPORT OF DRUGS AND COSMETICS]

. Standards of quality. — (1) For the purposes of this Chapter, the expression “standard quality” means —

(a) in relation to a drug, that the drug complies with the standard set out in the Second Schedule, and

(b) in relation to a cosmetic, that the cosmetic complies with such standard as may be prescribed.

(2) The Central Government, after consultation with the Board and after giving by notification in the Official Gazette not less than three months$ notice or its intention so to do, may by a like notification add to or otherwise amend [the Second Schedule] for the purpose of this Chapter, and thereupon the Second Schedule shall be deemed to be amended accordingly.

[19] [9. Misbranded drugs. — For the purposes of this Chapter, a drug shall be deemed to be misbranded —

(a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or

(b) if it is not labelled in the prescribed manner; or

(c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.”

[20] [9A. Adulterated drugs. — For the purposes of this Chapter, a drug shall be deemed to be adulterated, —

(a) if it consists, in whole or in part, of any filthy, putrid of decomposed substance; or

(b) if it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or

(c) if its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(d) if it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or

(f) if any substance has been mixed therewith so as to reduce its quality or strength.

9B. Spurious drugs. — For the purposes of this Chapter, a drug shall be deemed to be spurious —

(a) if it is imported under a name which belongs to another drug; or

(b) if it is an imitation of or is a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or

(c) if the label or container bears the name of an individual or company purporting to be the manufacturer of the drug which individual or company is fictitious or does not exist; or

(d) if it has been substituted wholly or in part by another drug or substance; or

(e) if it purports to be the product of a manufacturer of whom it is not truly a product.

9C. Misbranded cosmetics. — For the purposes of this Chapter, a cosmetic shall be deemed to be misbranded —

(a) if it contains a colour which is not prescribed; or

(b) it is not labelled in the prescribed manner; or

(c) if the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular.

9D. Spurious cosmetics. — For the purposes of this Chapter, a cosmetic shall be deemed to be spurious, —

(a) if it is imported under a name which belongs to another cosmetic; or

(b) if it is an imitation of, or is a substitute for, another cosmetic or resembles another cosmetic in a manner likely to deceive or bears upon it or upon its label or container the name of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other cosmetic; or

(c) if the label or container bears the name of an individual or a company purporting to be the manufacturer of the cosmetic which individual or company is fictitious or does not exist; or

(d) if it purports to be the product of a manufacturer of whom it is not truly a product.]

10. Prohibition of import of certain drugs or cosmetics. — From such date as may be fixed by the Central Government by notification the Official Gazette in this behalf, no person shall import —

(a) any drug or cosmetic which is not of standard quality;

(b) any misbranded drug or [21] [misbranded or spurious cosmetic];

(bb) any [22] [adulterated or spurious];

(c) any drug or cosmetic for the import of which a licence is prescribed, otherwise than under, and in accordance with, such licence;

(d) any patent or proprietary medicine, unless there is displayed in the prescribed, manner on the label or container thereof [23] [the true formula or list of active ingredients contained in it together with the quantities thereof];

(e) any drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect, as may be prescribed;

(ee) any cosmetic containing any ingredient which may render it unsafe or harmful for use under the directions indicated or recommended;

(f) any drug or cosmetic the import of which is prohibited by rule made under this Chapter;

Provided that nothing in this section shall apply to the import, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use:

Provided further that the Central Government may, after consultation with the Board, by notification in the Official Gazette, permit subject to any conditions specified in the notification, the import of any drug or class of drugs not being of standard quality.

[24] [ * * * * * * ]

[25] [10A. Power of Central Government to prohibit import of drugs and cosmetics in public interest. — Without prejudice to any other provision contained in this Chapter, if the Central Government is satisfied that the use of any drug or cosmetic is likely to involve any risk to human beings or animals or that any drug does not have the therapeutic value claimed for it or contains ingredients and in such quantity for which there is no therapeutic justification and that in the public interest it is necessary or expedient so to do then that Government may, by notification in the Official Gazette, prohibit the import of such drug or cosmetic.]

11. Application of law relating to sea customs and powers of Customs Officers. — (1) The law for the time being inforce relating to sea customs and to goods, the import of which is prohibited by Section 18 of the Sea Customs Act, 1878 [26] (8 of 1878) shall, subject to the provisions of Section 13 of this Act, apply in respect of drugs [and cosmetics] the import of which is prohibited under this Chapter; and officers of Customs and officers empowered under that Act to perform the duties imposed thereby on a Customs Collector and other drugs and cosmetic as they have for the time being in respect of such goods as aforesaid.

(2) Without prejudice to the provisions of sub-section (1), the Customs Collector or any officer of the Government authorized by the Central Government in this behalf, may detain any imported package which he suspects to contain any drug for cosmetic the import of which is prohibited under this Chapter and shall forthwith report such detention to the Drugs Controller, India, and, if necessary, forward the package or sample of any suspected drug for cosmetic found therein to the Central Drugs Laboratory.

12. Power of Central Government to make rules. — (1) The Central Government may, after consultation with or on the recommendation of the Board and after previous publication by notification in the Official Gazette, make rules for the purpose 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) specify the drugs or classes of drugs or cosmetics or classes of cosmetic for the import of which a licence is required [27] [and prescribe the form and conditions of such licences, the authority empowered to issue the same, the fees payable therefor and provide for the cancellation, or suspension of such licence in any case where any provision of this Chapter or the rules made thereunder is contravened or any of the conditions subject to which the licence is issued is not compiled with];

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

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

(cc) prescribe under clause (d) of [28] [Section 9A] the colour or colours which a drug may bear or contain for purposes of clouring.

(d) specifying the distances or ailments which an imported drug may not purport or claim to prevent, cure or mitigate and such other effect which such drug may not purport or claim to have;

(e) prescribe the conditions subject to which small quantities of drugs, the import of which is otherwise prohibited under this Chapter, may be imported for the purpose of examination, test or analysis or for personal use;

(h) regulate the submission by importers, and the securing, of samples of drugs or cosmetics for examination, test or analysis by the Central Drugs Laboratory, and prescribe the fees, if any, payable for such examination, test or analysis;

(i) prescribe the evidence to be supplied, whether by accompanying documents or otherwise, of the quality of drugs or cosmetics sought to be imported, the procedure of officers of Customs in dealing with such evidence, and the manner of storage at places of import of drugs or cosmetics detained pending admission;

(j) provide for the exemption, conditionally or otherwise, from all or any of the provisions of this Chapter and the rules made thereunder of drugs or cosmetics imported for the purpose only of transport through, and export from India.

(k) prescribe the conditions to be observed in the packing in bottles, packages or other containers, of imported drugs or cosmetics [29] [including the use of packing material which comes into direct contact with the drugs];

(l) regulate the mode of labeling drugs or cosmetics imported for sale in package, and prescribe the manner which shall or shall not be included in such labels;

(m) prescribe the maximum proportion of any poisonous substance which may be added to or contained in any imported drug, prohibit the import 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;

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

(o) provide for the exemption, conditioually 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 or cosmetic or class of cosmetics.

[30] [13. Offences. — (1) Whoever himself or by any other person on his behalf imports, —

(a) any drug deemed to be adulterated under Section 9A or deemed to be a spurious drug under Section 9B or any spurious cosmetic referred to in Section 9D or any cosmetic of the nature referred to in clause (ee) of Section 10 shall be punishable with imprisonment for a term which may extend to three years and a fine which may extend to five thousand rupees;

(b) any drug or cosmetic other than a drug or cosmetic referred to in clause (a), the import of which is prohibited under Section 10, or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both;

(c) any drug or cosmetic in contravention of the provisions of any notification issued under section 10A, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both.

(2) Whoever having been convicted of an offence —

(a) under clause (a) or clause (c) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both;

(b) under clause (b) of sub-section (1), is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(3) The punishment provided by this section shall be in addition to any penalty to which the offender may be liable under provisions of Section 11.]

14. Confiscation. — Where any offence punishable under Section 13 has been committed, the consignment of the drugs or cosmetics in respect of which the offence has been committed shall be liable to confiscation.

15. Jurisdiction. — No Court inferior to that [31] [of a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under Section 13.

(3) It shall come INTO force on the 1st day of April, 1974.
2.Chapter XXXVI of the Code of Criminal Procedure, 1973 not to apply tocertain offences.

2.Chapter XXXVI of the Code of Criminal Procedure, 1973 not to apply to certain offences. Nothing in Chapter XXXVI of the Code of
Criminal Procedure, 1973 (2 of 1974) shall apply to-

(i) any offence punishable under any of the enactments 3*or provisions, if any, thereof specified in the Schedule ; or

(ii) any other offence, which under the provisions of that
Code, may be tried along with such offence, and every offence referred to in clause (i) or clause (ii) may be taken cognizance of by the Court HAVING jurisdiction as if the provisions of that Chapter were not enacted.