The Drugs and Cosmetics Act, 1940

(1) This Act may be called the Drugs 1[and Cosmetics]Act, 1940. (2) It extends to the whole of India 2* * *. (3) It shall come into force at once; but Chapter III shall take effect only from such date6as theCentral Government may, by notification in the Official Gazette, appoint in this behalf, andChapter IV shall take effect in a particular State only from such date3as the State Government may,by like notification, appoint in this behalf : 4[Provided that in relation to the State of Jammu and Kashmir*, Chapter III shall take effect onlyfrom such date5after 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 thisbehalf.]

The provisions of this Act shall be in additionto, and not in derogation of, the Dangerous Drugs Act, 1930 (2 of 1930), and any other law forthe time being in force.

In this Act, unless there is anything repugnant in the subject orcontext, -- 1[(a) "2[Ayurvedic, Siddha or Unani] drug" includes all medicines intended forinternal or external use for or in the diagnosis, treatment, mitigation or prevention of3[disease or disorder in human beings or animals, and manufactured] exclusively inaccordance with the formulae described in, the authoritative books of 3[Ayurvedic,Siddha and Unani Tibb system of medicine], specified in the First Schedule;] 4[(aa) "the Board" means-- (i) in relation to 2[Ayurvedic, Siddha or Unani] drug, the 3[Ayurvedic, Siddhaand Unani Drugs Technical Advisory Board] constituted under section 33C; and (ii) in relation to any other drug or cosmetic, the Drugs Technical Advisory Boardconstituted under section 5;] 5[6[(aaa)] "cosmetic" means any article intended to be rubbed, poured, sprinkled orsprayed on, or introduced into, or otherwise applied to, the human body or any partthereof for cleansing, beautifying, promoting attractiveness, or altering the appearance,and includes any article intended for use as a component of cosmetic 7* * *;] 8[(b) "drug" includes-- 9[(i) all medicines for internal or external use of human beings or animals and allsubstances intended to be used for or in the diagnosis, treatment, mitigation orprevention of any disease or disorder in human beings or animals, includingpreparations applied on human body for the purpose of repelling insects likemosquitoes;] (ii) such substances (other than food) intended to affect the structure or anyfunction of the human body or intended to be used for the destruction of 10[vermin]or insects which cause disease in human beings or animals, as may be specifiedfrom time to time by the Central Government by notification in the OfficialGazette;] 11[(iii) all substances intended for use as components of a drug including empty gelatincapsules; 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 maybe specified from time to time by the Central Government by notification in theOfficial Gazette, after consultation with the Board;] 12[(c) "Government Analyst" means-- (i) in relation to 13[Ayurvedic, Siddha or Unani] drug, a Government Analystappointed 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 CentralGovernment or a State Government under section 20;] 14* * * * * 15[(e) "Inspector" means-- (i) in relation to 13[Ayurvedic, Siddha or Unani] drug, an Inspector appointed bythe Central Government or a State Government under section 33G; and (ii) in relation to any other drug or cosmetic, an Inspector appointed by theCentral Government or a State Government under section 21 ;] 16[17[(f)] "manufacture" in relation to any drug 18[or cosmetic] includes any process or partof a process for making, altering, ornamenting, finishing, packing, labeling, breaking up orotherwise treating or adopting any drug 18[or cosmetic] with a view to its 19[sale or distribution] but doesnot include the compounding or dispensing 20[of any drug, or the packing of any drug or cosmetic,] in theordinary course of retail business; and "to manufacture" shall be construed accordingly;] 21[(g)] "to import", with its grammatical variations and cognate expressions means to bring into22[India]; 23[ 21[(h)] "patent or proprietary medicine" means, -- (i) in relation to Ayurvedic, Siddha or Unani Tibb systems of medicine allformulations containing only such ingredients mentioned in the formulae described in theauthoritative books of Ayurvedic, Siddha or Unani Tibb systems of medicine specified inthe First Schedule, but does not include a medicine which is administered by parenteralroute 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 orprescription presented in a form ready for internal or external administration of humanbeings or animals and which is not included in the edition of the Indian Pharmacopoeiafor the time being or any other Pharmacopoeia authorised in this behalf by the CentralGovernment after consultation with the Drugs Technical Adivisory Board constitutedunder section 5;] 24[ 21[(i)] "prescribed" means prescribed by rules made under this Act.] 25* * * * *

1[3A. Construction of references to any law not in force or any functionary not in existence inthe State of Jammu and Kashmir*.--Any reference in this Act to any law which is not in force, or anyfunctionary not in existence, in the State of Jammu and Kashmir*, shall, in relation to that State, beconstrued as a reference to the corresponding law in force, or to the corresponding functionary inexistence, in that State.]

Any substance specified as poisonous byrule made under Chapter II or Chapter IV 1[or Chapter IVA] shall be deemed to be a poisonoussubstance for the purposes of Chapter III or Chapter IV 1[or Chapter IVA], as the case may be.