Chapter: 9.1 . Important provisions of the Drugs and Cosmetics

Important provisions of the Act

A. Under the provisions of this Act, the Central Government appoints 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. The board can constitute subcommittees for the consideration of a particular matter.
B. Every person holding a licence shall keep and 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.
C. Every person in charge of any premises whereon any drug is being manufactured or is kept for sale or distribution shall, on being required is legally bound to disclose to the Inspector the place where the drug is being manufactured or is kept.
D. The Act also provides that it shall be no defence in a prosecution to prove merely that the accused was ignorant of the nature, substance or quality of the drug in respect of which the offence hits been committed or of the circumstances of its manufacture or import, or that a purchasers having bought only for the purpose of test or analysis has not been prejudiced by the sale.
E. The Central or State government have power to make rules and appoint inspector to control or inspect any drug or cosmetic for its standardization and safety which can be tested in the Central or State Drug laboratory. The Government can prohibit manufacturing, importing or selling of any drug or cosmetic. Violation of law by any person or corporate manager or owner is liable for punishment for a term which may extend to 3-10 years and shall also be liable to fine which could be five hundred or ten thousand rupee or with both.
F. The Act provides that import, manufacture, distribution and sale of Drugs and Cosmetics has to comply with certain standards, which has been laid down in the Act.
G. Drugs and Cosmetic Rules 1995 contains the list of drugs for which license is required by manufacturer, importers, and exporters.
H. All imported drugs in indigenous manufacturers have to register to control over the quality of imported as well as locally manufacturing kits

The Drugs (Control) Act, 1950

The purpose of this Act is to provide guidelines and rules for the control of sale/ supply and distribution of the drugs. The Chief Commissioner may fix the maximum price or rate or maximum quantity a dealer can possess.

The price will be labeled on the drug which cannot be destroyed or altered by any person/dealer. No drug shall be disposed except in such circumstances or situation as may be specified in the order of the Chief Commissioner.

Any violation of the Act by the person or manger/owner or company shall be punishable.