Drugs and Cosmetics Act, 1940 - Power to give directions

33F. Government Analysts. – (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 Government Analysts for such areas as may be assigned to them by the Central Government or the State Government, as the case may be.

(2) Notwithstanding anything contained in sub-section (1), 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.

(3) [(Note: Subs. by Act 68 of 1982, sec.32 (w.e.f. 1-2-1983)) No person who has any financial interest in the manufacture or sale of any drug shall be appointed to be a Government Analyst under this section.]

(2) The powers which may be exercised by an Inspector and the duties which may be performed by him 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 manufacture or sale of any drug 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 and shall be officially sub-ordinate to such authority as the Central Government appointing him may specify in this behalf.

33H. Application of provisions of sections 22, 23, 24 and 25. – The provisions of sections 22, 23, 24 and 25 and the rules, if any, made there under shall, so far as may be, apply in relation to an Inspector and a Government Analyst appointed under this Chapter as they apply in relation to an Inspector and a Government Analyst appointed under Chapter IV, subject to the modification that the references to "drug" in the said sections, shall be construed as references to [(Note: Subs. by Act 68 of 1982, sec.2 for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drug.

33-I. Penalty for manufacture, sale., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter. – Whoever himself or by any other person on his behalf—

(1) Manufactures for sale or for distribution –

(a) Any Ayurvedic, Siddha or Unani drug –

(i) Deemed to be adulterated under section 33EE, or

(ii) Without a valid licence as required under clause ( c) of section 33EEC,

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

(b) Any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, 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 mentioned 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 ; or

(2) Contravenes any other provisions of this Chapter or of section 24 as applied by section 33H or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to three months and with fine which shall not be less than five hundred rupees.

33J. Penalty for subsequent offences. – Whoever having been convicted of an offences, -

(a) Under clause (a) of sub-section (1) of section 33I is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than two thousand rupees ;

(b) Under clause (b) of sub-section (1) of section 33I 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 five thousand rupees :

Provided that the Court may, for any 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 five thousand rupees ;

(c) Under sub-section (2) of section 33I is again convicted of an offence under that sub-section, shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than one thousand rupees.

33K. Confiscation. – Where any person has been convicted under this Chapter, the stock of the [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drug, in respect of which the contravention has been made, shall be liable to confiscation.

33L. Application of provisions to Government departments. – The provisions of this Chapter except those contained in section 33K shall apply in relation to the manufacture for sale, sale or distribution of any [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drug by any department of Government as they apply in relation to the manufacture for sale, sale or distribution of such drug by any other person.

33M. Cognizance of offences. – (1) No prosecution under this Chapter shall be instituted except by an Inspector [(Note: Ins. by Act 68 of 1982, sec.34 (w.e.f. 1-2-1983)) with the previous sanction of the authority specified under sub-section (4) of section 33G].

(2) No Court inferior to that [(Note: Subs. by Act 68 of 1982, sec.34, for "of a Presidency Magistrate or of a Magistrate of the first class" (w.e.f. 1-2-1983)) of a Metropolitan Magistrate or of a Judicial Magistrate of the first class] shall try an offence punishable under this Chapter.

33N. Power of Central Government to make rules. – (1) The Central Government may, [(Note: Subs. by Act 68 of 1982, sec.35, for "after consultation with the Board" (w.e.f. 1-2-1983)) 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 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) Provide for the establishment of laboratories for testing and analyzing [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drugs ;

(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 any [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drug is labeled with the true list of the ingredients which it is purported to contain ;

(d) Specify any substance as a poisonous substance ;

(e) Prescribe the forms of licences for the manufacture for sale of [(Note: Subs. by Act 68 of 1982, sec.2, for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drugs, [(Note: Ins. by Act 68 of 1982, sec.35 (w.e.f.1-2-1983)) and for sale of processed Ayurvedic, Siddha or Unani drugs,] the form of application for such licences, the conditions subject to which such licences may be issued, the authority empowered to issue the same and the fees payable therefore, [(Note: Ins. by Act 68 of 1982, sec.35 (w.e.f.1-2-1983)) and provide for the cancellation or suspension of such licences in any case where any provision of this Chapter or rules made there under is contravened or any of the conditions subject to which they are issued is not complied with];

[(f) (Note: Subs. by Act 68 of 1982, sec.35, for "clause (f)" (w.e.f. 1-2-1983)) Prescribe the conditions to be observed in the packing of Ayurvedic, Siddha and Unani drugs including the use of packing material which comes into direct contact with the drugs, regulate the mode of labeling packed drugs and prescribe the matters which shall or shall not be included in such labels;]

(g) Prescribe the conditions subject to which small quantities of [(Note: Subs. by Act 68 of 1982, sec.2 for certain words (w.e.f. 1-2-1983)) Ayurvedic, Siddha or Unani] drugs may be manufactured for the purpose of examination, test or analysis ; and

[(gg) (Note: Ins. by Act 68 of 1982, sec.35 (w.e.f. 1-2-1983)) Prescribe under clause (d) of section 33EE the colour or colours which an Ayurvedic, Siddha or Unani drug may bear or contain for purposes of colouring ;

(gga) Prescribe the standards for Ayurvedic, Siddha or Unani drugs under section 33EB;]

(h) Any other matter which is to be or may be prescribed under this Chapter.

33-O. Power to amend First Schedule. – 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 First Schedule for the purposes of this Chapter and thereupon the said Schedule shall be deemed to be amended accordingly.

33P. 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 there under.