The Drugs and Cosmetics Act 1940.
object of the Act is to regulate the import, manufacture,
distribution and sale of drugs.
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.
The Pharmacy Act 1948
The Pharmacy Act was passed in 1948 and
was amended in 1959, 1976 and 1984.
The aim of this law is to regulate the
profession of Pharmacy in India.
Under the provisions of this act the Central
Government constitutes a Central Pharmacy Council of India
consisting of following members:
a) Six members from the Teachers of pharmacy.
b) Six members from practicing pharmacists
or Pharmaceutical Chemists holding degree of diploma.
c) One member elected by the Medical Council
d) The Director-General of Health Services.
e) The Director of the Central Drugs Laboratory.
f) The Chief Chemist, Central Revenues.
g) One member to represent each state elected
by members of State Councils who shall be a registered pharmacist.
h) One member to represent each State Government
who shall be either registered medical practitioner or a registered
The President and Vice-President of the
Central Council of Pharmacy are elected by the members of
the Council among themselves, hold office for five years and
are eligible for re-election.
The conducting of courses of study for
pharmacists, and the examinations in Pharmacy in the states
are subject to the approval of the Central Council. Besides
the Council has the responsibility to supervise the Education
of Pharmacy in the States. Where it is found that the course
of study is not in conformity with the Education Regulations,
the Council may withdraw approval accorded to the course or
the examination. The Central Council can approve qualifications
granted by an outside authority for qualifying for registration
under this Act.
The Act makes it incumbent upon the State
Governments to constitute State Pharmacy Councils with the
a) Six members elected from amongst themselves
by registered Pharmacists of the state.
b) Five members of whom at least two shall
be persons possessing a prescribed degree or diploma in Pharmacy
or Pharmaceutical Chemistry or members of the Pharmaceutical
profession nominated by the State Government.
c) One member elected by the State Medical
d) The Chief Medical Officer of the State.
e) The State Drug Controller.
f) The Government Analyst.
The State Government has under the provisions
of the Pharmacy Act to get a register of the State Pharmacists
prepared and it is the State Pharmacy Council which has to
maintain the register. The register shall contain the name
and residential address of Pharmacist, the date of his first
admission to the register, qualifications for registration,
his professional address, the name of his employer and prescribed
The Drugs and Magic Remedies (Objectionable Advertisements)
This Act is meant to control the Advertisements
regarding drugs; it prohibits the advertising of remedies
alleged to possess magic qualities and to provide for matters
The Drugs and Magic Remedies Act prohibits
a person from taking part in publication of any advertisement
referring to any drug which suggests use of the drug for:
a) the procurement of miscarriage in women
or prevention of conception in women; and
b) the maintenance or improvement of the
capacity of the human being for sexual pleasure;
c) the correction of menstrual disorders
d) the diagnosis, cure, mitigation, treatment
or prevention of any venereal disease. It is prohibited to
directly or indirectly give a false impression regarding the
true character of a drug or make false claim for it or to
convey any false or misleading information in any material
particular about it. No person shall import into or export
from India any document containing advertisement of this nature.
Whoever contravenes the provisions of this
Act shall, on conviction, be punishable with imprisonment
which may extend to six months, with or without fine. In case
of subsequent convictions the imprisonment can be extended
to one year. The document, article or thing which contains
the offending advertisement can be seized and confiscated.
If the person contravening any of the provisions
of the Act is a company, every person who at the time the
offence was committed was in charge of the business of the
company shall be deemed guilty.
The prohibition under this Act does not
apply to: a) any signboard or notice displayed by a registered
medical practitioner including the treatment for any of the
disease, b) any treaties or book dealing with any of the matters
from a bonafide scientific standpoint, c) any advertisement
related to any drug sent confidentially to any registered
medical practitioners or to chemists for distribution among
registered medical practitioners or to a hospital or laboratory,
and d) Government advertisements.
The Narcotic Drugs and Psychotropic Substances Act, 1985
This is an Act to consolidate and amend
the law relating to Narcotic Drugs, to make stringent provisions
for the control and regulation of operations relating to Narcotic
Drugs and Psychotropic Substances and for matters connected