 bill no 65 of 19r2  _--_  ,_--- tile drugs and cosmetics (amendment) bill, 1982r -                                                         a                                                      bill    further to amend the drugs and cosmetics act, 1940 be it enacted by parliament in the thirty-third year of the republic of indi'b as follows:-1 (1) this act may be c'blled the drugs and cosmetics (amendment) act, 1982 short title and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint  - of 184(1 2 in the drug  and cosmetics act, 1940 (hereinafter referred to as the principal act),-10 (a) for the words and brackets' "ayurvedic (including siddha) or unani", wherever they occur, the words "ayurvedic, 5iddha or unani" shall be substituted; substitution of certain expressions by new expr slons, (b) for the words and brackets "ayurvedic (including siddha) and unani", wherever they occur, the word!s "ayurvedic, ~iddha 8nri unan!" !shall ~ substituted,  3, in section 3 of the principal act~­(4) in clause (a) ,-amendment of mctjon 3 (i) for the words icdisease in human beings, mentioned in, and processed and manufactured", the words "disease or disorder in human beings or animals, and' ~anufactured" shall be substi- 5 tuted; (ii) for the words and brackets "ayurvedic - (including siddha) and unani (tibb) systems of medicine", the words "ayurvedic, siddha and unani tibb systems of medicine" shall be substituted; 10 (b) in clause (00), in s1,lb-clause (i), for the words "ayurved!c nnd unani drugs technical advisory board", the words "ayurvedic, siddha and unani drugs technical advisory board" shall be' sub-~m~; : (c) in clause (aaa), the words ", but does not include soap" 15 shall be omitted; (d) in clause (b) ,-(1) for sub-clause (i), the following sub-clause shall be substituted, namely:-"(i) all medicines for internal or external use of human 20 beings or animals and all substances intended to be used for or 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 25 repelling insects like mosquitoes;"; (2) after sub-clause (ii) , the following sub-clauses shall be inserted, namely:-,i (iii) all substances intended for use as components of a drug lncluding empty gelatin capsules; and (iv) such devices intended for internal or external use 30 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'''' 35 , , (e) in clause (1), for the words "sale and distribution", the words "sale or distribution" shall be substituted; (f) for clause (h), the following clause shall be substituted, namely:-i (h) "pa~ent or proprietary me~cine" means,-40 (i) in relation to ayurvedic, siddha or uriani tibb systems of medicine all formulations confaining 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 45 not include a medicine wbich is administered by parenteral  the drugs af"jdcos1'1etics (amendhent) bill, 1982 l-to be/as introduced in 10k sahha 71 - p ag~ e, line 30,-m "rlcti tious" mad "rieti tious" 2 page 10, -   ~ line 37, ~-"dr, unless ~e alleged offence is suc'b that the defeat may ,be" 3 page 12, in the idargirla;l heading to section 27,-fill: "sales," read "sale," 4 page 16, lines 5 and 6,_ !su: ''pharmacopia'' uaa "pharmacopoeia" 5 page 18, lirie 32,-for "33 ed" ~ "33eed" ne~1 delhi; april "10, 198~2~---,~-:--~ v~saltha 10, 1904 (saka) route and also a fonnulation included in the authoritative books as specified in clause (a); - (ii) in relation to any ot~er 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 phannacopoeia 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;' 10 4  for the heading under chapter iii, the following heading sltall be substituted, namely:- "import or drugs and cosmeti'cs"5 for section 9 of the principal act, the following section shall be 15 8ub~tituted namely:-substitutionof new headinl tor headin, under chapter ut subltitution of new ectien tor ectfon 9 misbranded clrull "9 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 ~o 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" 25 6 for sections 9a and 9b of the principal act, the following sections hall be substituted, namely:-"9a for the purposes of this chapter, a drug shall be deemed to be adulterated,-substitution of new ii ectlona ga, 9b, 9c and 9d for sectiona 9a, and lib adulterated drull (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 s,red under insanitary conditions whereby it may have been contaminated with filth or whereby ~t may have been rendered injurious to health; or -" /" 'al,f (c) if its container is composed in whole or in part, ot any poisonous or deleterious sl,lbstance which may render the contents injurious to health; or (d) i~ it bears or contains, for purposes of colouring only, ii colour other than one which is prescribed; or 5  (e) if it contains any harmful or toxic substance which may render it injurious to health; or (f) if any substanqe has been mixed therewith 80 as to reduce its qualiiy or strength 9b for the purposes of this chapter, a drug shall be deemed to to be spuriou~ , spurious drugs (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 15 or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so '88 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 io 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 ~n substituted wholly or in part by another drug or substance; or (e) if it purports to be ttl:! product of a manufacturer of i5 whom it is not, truly a product 9c for the purposes of this chapter, a cosmetic shall be deemed to be misbranded-misbranded cosmetics (a) if it contains a colour which is not prescribed; or (b) if it is not labelled in the prescribed manner; or (c) if the lahel or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular  spurious cosmetica 9d for the purposes of this chapter, a cosmetic shall be deemed to be spurious,-55 (a) if it is imported under a name which belongs to another cosmetic; or (0) if it is an imitation of, or is a substitute for another cos-,   " metic or resembles another cosmetic in a manner likely to  deceive or bears upon it or upon its label or container the name 40 of another cosmetic, unless it is plainly and conspicuously marked so as to reveal its true character and it, lack of idenuq' with suck~ other cosmet1c~ or (c) 1f the label or container bears the name of an individual or a company purporting to be the manufacturer of the co'imetic which indivldual or company is fictitious or does not exist; or 5 (d) if it purports to be the product of a manufacturer of whom it is not truly a product" 7 in section 10 of the -principal act,-amendment of (a) in clause (b), for the words "or misbranded cosmetic", the section words "or misbranded or spurious cosmetic" shall be substituted; 10 10 (b) in clause (bb), for the word "adulterated", the worda ''adulterated or spurious" shall be substitutedj (c) in clause (d), for the words "the true formula or list of ingredients contained in it, in a manner readily intelligible to the members of the medical profession", the words "the true formula 15 or list of active ingredients contained in it together with the quantities thereof" shall be substituted; (d) the exptanation shall be omitted 8 after section 10 of the principal act, the following section shall be insertion inserted, namely: _ of new section loa lzo lz5 "loa without prejudice to any other provision contained in this ch'apter, 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" power of central government to prohibit importdf dru;' add cosmetics in public interest t in section 12 of the principal act,-amend_ ment of section 12, (a) in sub-section (1), for the words "after consultation with the board", the words "after consultation with or on the recommendeltion of the board" shall be substituted; (b) in sub-section (2),-35 (i) in clause (a), for the words "and prescribe the form and conditions of such jicences, the authority empowered to issue the same, and the fees payable therefor", the words "and prescribe the form and conditions of such licences, the authority empowered to issue the same i the fees payable therefor and provide for the cancellation, or suspension of such licence in any ease 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 complied with" shall be substituted; 45 (ii) in clause (cc), for the word, figur8 and letter; "section 9b", the word, figure and letter "section 9a" shall be subgtituted; (iii) in clause (k), after the words "of imported drugs or cosmetics", the words "including the use of packing material which comes into direct contact with the drugs" shall be inserted , 10 for section 13 of the principal act, the following section shall be 5 substituted, namely:-substitution of new sect_ fdr section 11 "13 (1) whoever himself or by any other person on his behalf imports,-(a) any drug deemed to be adulteratecl under section 9a or deemed to be a spurious drug under section 9b or any spurious 10 cosmetic referred to in section 9d or any cosmetic of the nature referred to in clause (ee) of section 11) 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 8 drug or cosmetie 15 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; 20 (c) any drug or cosmetic in contravention of the provisions of any notification issued u~der section loa, shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees, or with both 25 (2) whoever having been convicted of an oifence,-(a) under c1ause (a) or clause (c) of sub-section (1), ill again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees, 30 or with both;  (b) under clause (b) o£ 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 35 (3) the punishment provided by this section shall be in addition to any penalty to which the offender may be liable under the provisions of section· 11" amendment of lectlon hi 11 in section 15 df the principal act, for the words "of a presidency magistrate or of a magistrate of the first class", the words "of a metro- 40 politan magistrate or of a judicial magistrate of the first class" shad be substituted 12 in the heading under chapter iv, for the word "drugs", the words "drugs and cosmetics" shall be substituted amendment of beading under chapter iv 13 for sections 17, 17a and 17b of the principal act, the following sections shall be substituted, namely:-subslitution of new sections for sections 17,17a and 1m 5 "17 for the purposes of this chapter, a drug shall be deemed to be misbranded,- misbranded drup (a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of bettel' or greater , therapeutic value than it really is; or (b) if it is not labelled in the prescribed manner; or 10 (c) jf 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 15 17a for the purposes of this chapter, a drug shall be deemed adulterato be adulterated,--ted druis (a) if it comists in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, packed or stored under' in-20 sanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or (c) jf its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the con-25 tents 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 30 (f) if any substance has been mixed therewith so as to reduce its quality or strength 17b for, the purposes of this chapter, a drug shall be deemed to spurioutl be  : drugs sp  ous,-(a) if it is manufactured under a name which belongs to 35 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 upoa 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, 5 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 10 17c for the purposes of this chapter, a cosmetic shall be deemed to be misbranded,-misbrandedcosliletics  (4) if it contains a colour which is not prescribed; or (b) jf it is not labelled in the prescribed manner; or (c) if the label or container or anything accompanying the 15 cosmetic bears any f;tatement which is false or misleading in any particular spurious cosmetics 17d for the purposes of this chapter, a cosmetic shall be deemed to be spurious,-(4) if it is manufactured uncler a name which belongs to 20 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 ~o 25 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 30 (d) if it purports to be the product of a manufacturer of whom it is not truly a product" (a) in clause (4) ,-amendment of section 18 (i) in the opening portion, for the words "manufacture for 35 sale, or sell, pr stock or exhibit for sale,", the words "manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale," shall be substituted; (ii) for sub-clauses (i), (ii) and (iia), the fonowfng-subclauses shall be ·15ubstituted, namely:-40 "(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 qua!tty  is misbranded or spurious;"; 5 (iii) in sub-clause (iii), for the words "the true formula or 11st of ingredients contained in it in a manner readily intelligible to the members of the medical profession", the words "the true formula or list of active ingredients contained in it together with the quantities thereof" shall be substituted; 10 (b) in clause (b), for 'the words "sell, or stock or exhibit for sale,", the words "sell, or stock or exhibit or offer for sale," shall be iubstituted; (c) in clause (c) ,-(i) for the words "manufacture for sale, or sell, or atock or exhibit for sale,", the words "manufacture for sale or for distribution, or sell, or stock or exhibit or 01feto for sale," shall be 15 substituted; (ii) in the second proviso, fur the words "manufactlre fer sale, sale", the words "manufacture for sale or for distribution, sale, stocking or exhibiting or offering for sale" shall be substituted; 20 (iti) the explaftattoft shall be omitted 15 after section 18a of the pr'incipal act, the following section shall be inserted, namely:-iuertlod of new i section lab "isb every person holding a licence under clause (c) of section 18 shall keep and maintain such recorsis, 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" malntenance of records bdd turnuhini of information, 16 in section 19 of the principal act, in sub-section (2), in the opening ,amend-30 ,tion, for the wotd "adulterated", the words "adulterated or spurious" ~~~:~ • shall be substituted -17 in section 20 of the princi,pal act, after sub-section (3), the following sub"section shall be inserted, namely:-amendment of section 20 "(4) no person who has any financial interest in the import, sj manufacture or sale of drugs or cesmetics shall be appointed to be a government anal1yst und!er sub-section (1) or sub-section (2) of this section" 18 in section 21 of 'the principal act, in su~on (4), after the amendwords "such authority", the words ", haviog the prescribed qualiftcamet 01 40 tion'·, shall be inserted aectioftil 19 in section 22 of the principal act,-(1) in sub-section (1) ,- aaiddaent of u0ll22(a) for clauses (a), (b) and (c), the following clauses shall be substituted, namely: -i "(a) inspect,-5 (i) any premises wherein any- drug or cosmetic ii being manufactured and the means employed lfor s18dci-ardising and testing the drug or cosmetic; (ii) any premises wherein any drug or cosmetic ii being sold, or stocked or exhibited or offered for saje 10 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 tor sale, or is being distributed; 15 (ii) from any person who is in the course of conveying, deliv~ring 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 ,-110 (i) search any person, who, 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 baa 25 reason to believe that an offence under this ch~ter hu been, or is being committed; or (iii) stop and search any vehicle, vessel or other cosveyance which, he has reason to 'believe, is being used for carrying any drug or cosmetic in respect of 30 which an offence under this chapter has beeh, or 11 being, committed, and order in writing the person in possession of the drug or cosmetic in respect of which the oifenf"e has been, or fs being, committed, not to dispose of any stock of such drug 35 or cosmetic for a specified period not exceeding twenty days, or cosmetic for a specified period not exceeding twenty days, 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, com- 40 mitted or which may be employed tor the commlssion of sueh offence;"; (b) in clause (cc), for the words, brackets and letter "in any plac~ mentioned in clause (c) if, the words, brackets and letter "with any person, or in any place, vehicle, vessel-or other 45 eonveyance referred to in clause (c)" shall be substituted; '(e) after clause (cc), the following clafise shall be inserted, dlmely:- 5 "(eca) require any person to produce any record, register, or other document relating to the manufacture for sale or for distribution or for stocking or for exhibition for sale or for offer for sale or for 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;"; (2) in sub-section (2) ,-10 ii of 1818 lofl"  (a) for the words and ftgures "the code of criminal procedure, 1898", the words and figures "the code of criminal procedw'e, 1973" shall be substituted; (0) for the word and figures "section 98", the word and 15 figures "section 94" shall be substituted; (3) after sub-section (2), the 'following sub-section shall be inserted, namely:-ii (2a) every record, register or other document seized under clause (cc) or prociuced under clause (cca) shall be 20 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 ot' 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"; 25 (4) in sub-section (3), after the words "under this chapter,", the words, brackets, letters and ftgure "or refuses to produce any record, register or other document when so required under clause (cca) of sub-section (1);' shall be inserted 29 in section 23 of the principal act, in clause (b) of sub-section amend  30 (5) and in sub-section (6), for the words "a magistrate", the words "a ment of judicial magistrate" shall be substituted section 21 21 after section 26 of the principal act, the following section shall ldsertion be inserted, namely: -of new ilection 28a 55 "26a without prejudice to any other provision contained in thil chapter, if the central government is satisfied, fhat the use of any drug or cosmetic i"l 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  ;  power of central government to prohibjt manufacture, etc, of dru, ind· -detlc: ta pubul ia""" %2 for sections 27 and 27a of the principal act, the following sections shall be substituted, namely:-subltltu  tion of new lections for sections 2'1 and 2'7a "27 whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhi- bits or offers for sale or distributes,-5 penalt:v for manufacture, sales, etc of cirupin contravention 01 this chapter (/i) 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 dhiease· or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to 10 grievous hurt within the meaning of section 320 o'f the indian penal code, solely on account of such drug being adulterated or 45 of 1880 spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which &hall not be less than five years but which may ext~rid to a term of life and 15 with fine which shall not be less than ten thou1l8nd rupees; (b) any drug-(i) deemed 10 be adulterated under section l'ra, but not being a drug referred to in clause (0), or (ii) without a valid licence as required under clause 20 (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 25 reasons to be recorded in the judgment impose a sentence of imprisonment for a term of less than one year and of fine of leas 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 30 with imprisonment for a term which shall not be less than three yeanl 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 35 imprieonment for a tenn of less than three years but not less than one year; (b) 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 punish 40 able with imprisonment for a term which shall not be less than one year but which may extend to twq years and with ~~; provided that the court may for any adequate and special reasons to be rec(lrded in the judgment impose a sentence of imprisonment for a term of less than one year 27a whoever himself or by any other person on his behalf manufactures for sale or for distribution, or sells, or stocks or exhi-5 bi~ or offers for sale-(i) any cosmetic deemed to be spurious under section 17c shall be punishable with imprisonment for a term which may extend to three years and with fine; 10 penalt, for manufacture, sale, etc, of ca-meticain contravention of this chapter (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 far a term which may extend to one year or with fine which may extend to one thou6al1d rupees or with both" 15 23 in section 28 !,f the principal act,-amedd-!dent of· section 28 (a) after the word, figures and letter "section 18a", the words and figures "or section 24" shall be inserted; (b) for the words "five hundred rupees", the words "one thousand rupees" shall be substituted be inserted, namely:-20 24 after section 28 of the principal act, the following sections shall insertion of de'if' seeucma 28a'" 28b "28a whoever without reasonable cause or ejreuse, contravenes the provisions of section l8b 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 penalty for not keepin, documents, etc, and for ·nondisclosure of information 28b whoever himself or by any other person on his behalf peaalt,-manufactures or sells or distributes any drug or cosmetic in contrator vention of the provisions of any notification issued under section 26a manufacshall be punishable with imprisonment for a term which may extend ture, etc, to three years and shall also be liable to fine which may extend to of drugs five thousand rupees" :et~-in centravei1-tion ot hction 2ba 25 in section 30 of the principal act,-(a) for bub-section (1), the following substituted, namely:-amendsub-section shall be ment ot section 30 -  (1) whoever having been convicted of an offence,-(a) under clause (b) of section 27 is again convicted of an ~dfence under that clause, shall i;)e punishable with imprisonment for a 'term which shall not be less than two years but which may extend to six years and with tine which shall not be less than ten thousand rupees: provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a 5 sentence of imprisonment for a term of less than two years and of fine of jess than ten thousand rupees; (b) under clause (c) of section '}f{, is again convkted of an offence under that clause shall be punishable with imprisonment for a term which shall not be less than six years 10 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 claus~ shall be punishable with imprisonment for a term which shall not be less tlian two 15 years but which may extend to four years or with fine which shall not be less than five thousand rupees, or with both;"; (b) in sub-section (ia), for the words "one thousand rupeel", the words "two thousand rupees" shall be substituted (1) in sub-section (1) ,-(a) for clause (i), the following clause shall be substituted, namely:-"(i) manufacture of any drug deemed to be misbranded under section 17, adulterated under section 17a or spurious 25 under section 17b; or"; (b) in clause (ii) , for the words "manufacture for sale, or sale, or stocking or exhibiting for sale,", the words "manufacture for sale, or for distribution, sale, or stocking or exhibiting or offering 'for sale," shall be substituted; 30 (2) in sub-section (2), for the words "misbranded or adulterated drug, or misbranded cosmetic," the words "misbranded, adulterated or spurious drug or misbranded or spurious cosmeti<:," shall be substituted amendment of n(:tion 112 27 in section 32 of the principal act in sub-section (2), for the 35 words "a presidency magistrate or of' a magistrate of the first class", the , words "a metropolitan magistrate or of a judicial magistrate of the first class" shall be substituted amendmentof section 32a 28 in section 32a of the principal act, for the words, brackets and figures "in sub·section (1) of section 351 of the code of criminal proce- 40 lot1898 dure, 1898", the words, brackets and figures "in sub-sections (1), (2) and 3ar 197"-(3) of section 319 of the code «;it criminal procedure, 1973" shall be substituted d "afte sult· 'th ment of (a) in sub-section (1), for the wor s r con atlon wl section the board" the words "after consultation willi; or on the recommen- 3s i dation of, the board" shall be substituted; 5 (b) in sub-section (2) i"":"' (1) in clause (dd), for the word, tigures and letter "section 17b", the word, figures' and letter "section 17a" shall be substituted; (2) in clause (e),-10 (i) for the words "for the manufacture for sale", the words "for the manufacture for sale or for dibtribution'" shall be substituted; (ii) after the words "authority empowered to issue the same", the words ", the qualifications of such authority" shall be inserted; 15 (iii) the words "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 complied with" shall be inserted at the end; 20 (~ after clause (e), the following clauses shall be inserted, namely:-" (ee) prescribe the records, registers or other documents to be kept and maintained under section lsb; (eea) prescribe the fees for the inspection (for the purposes of grant or renewal of licences) of premise" 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;"; so (4) in clause (i), after the words "other containers of drugs or cosmetics", the words "including the use of packing material which comes into direct contact with the drugs" shall be inserted; 35 (5) in clause (n), after the words "of inspectors", the words "and the qualifications of the authority to which such inspectors shall be subordinate" shall be inserted 30 in section 33c of the principal act,-amedd· mtdt of (a) in sub-section (1), for the words "ayurvedie add unani hcticm dftip teclmical advisory boarcf", the words "ayurvedie, siddha nc and unani drugs teehnieal advisory board" shall be substituted; (b) in 8ub-eection (2) ,-(i) for clause (iii), the following clause shall be substituted, namely:-45 '(iii) the principal ofticer dealing with indian systems of medicine m the ministry of health, ex-officio;"; (ii) for clause (viii) , the following clause shall be substituted namely:-"(viii) four persons to be nomidatecl by the central government, two from amgdgst the members of tbe ayurveda pharmacopia committee, one from amongst the mem-5 bers of the ulliilili 'phaljn8gopia cqab~1iee imd one erom amoapt the memlters of t'he siddha phannlu:opoeia committee;"; (iii) for clauses (xi) and (xii), the following clauses shall be substituted, namely:-10 "(r~~ oiile teacher ;m gud,apadam to be nominated it, tii\e central governmtat; (ria) three persons, one each to represent the ayurvedic, siddha and un~ drug ii¥lustry, to be nominated by tbe central government; 15 'riii) three persons, one eaell from· ,ng the practitioners of ayurvedic,siddha and unani tibb systems of medicine to be nominated by tbe central government" substitu-31 for sections 33d and 3le of the principal act, the following section of tkms shall be substituted, namely:-•• 20 dew eec:uona for sections s3d and 33& the ayurvedic, siddha and unani drugs consultative committee 1'" "33d (1) the central government may constitute an advisory committee to be called the ayurveciic, siddha and un ani, drucs consultativo committee to advise the central government, the state governments and tbe ayurvedic, siddha and unanl drugs tecbnical advisory board on 9ny matter for the purpose of securing unifor- 25 mity throughout india in the administration of this act in so far as it relates to ayurvedic, siddba or unadoi drugs (2) the ayurvedic, siddha and unani dn'ls consultative colludittee shall consist of :two persons to be nominated by the central govt:rnment as representatives of that government and not 30 more than one representative of each state to be nominated by the state government concerned (3) the ayurvedic, siddha and unani drugs consultative committee shall meet when required to do so by the central government and shall regulate its own procedure 35 33e for the purposes of this chapter, an ayurvedic, siddha or unani drug shall be deemed to be misbranded-mibnald eel c:iwis (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 40 (b) if it is not labelled in the prescribed manner; or (c) if its label or container or anything accompanying the drilg bears any statement, design or device which makes  false claim for the drug or which is false or misleading in any particular ' 33ee for the purposes of this chapter, an ayurvedic, siddha multer  or tjnani drug shall be deemed to be adulterated,-ted mil 5 (a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or (b) if it has been prepared, plicked or stored under ijisanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to 10 health; or ' (c) if its container is composed, in whole or in part, of any poisonous or deleterious substai\ce which may render the con-:tents injurious to health; or (d) if it bears or contains, for pul'f?oses of colourint; only, 15 a colour other than one which is prescribed; or (e) if it contains any harmful or toxic aubstance which may render it injurious to health; or (1) if any substance has been mixed therewith so as to reduce its quality or strength 20 ezplanation  for the purpose of clause (a), a drug shall not be deemed to consist, in whole or in part, of any decomposed substance only by reason of the fact that such decomposed substance is the result of any natural decomposition of the drug: provided that such decomposition is not due to any negligence ,on the part of the manufacturer of the drug or the dealer thereof and that it dees not render the drug injurious to, health 33eea for the purposes of this chapter, an ayurvedic, sidtlha spurioua or unani drug shall be deemed to be spuriousdrup (4) if it is solei, or offered or exhibited for sale, under a name 30  which belo:ngs 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 35 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 pult>orting to be the manufacturer of the drug, which ftldividual or company is fictitious or doe;s not exist; or (d) if it bas been substituted wholly or in part by any other drug or substance: or (e) if it purports to be the product of a !nanufacturer dt whom it 18 not truly a product 33eeb no person shall manufacture for sale or for distri'6ution any ayurvedic, siddha or unant drug except in acoordance with such standards, if any, as may be prescribed in relation to that drug be,ulation of manufactun 'lor _)eof ayuryedic, siddha ed udadi drup 33eec from such date as the state governmadt may, by notification in the ofrcial gazette, specify in this behalf, no perscm, 5 either by himself or by any other person on his behalf, shall-(a) manufacture for sale or for distribution-(i) any misbranded, adulterated or spurious ayurvedic: siddha or unani drug;  prohibition of manufacture and sale of certain ayurvedic siddha and unanj drulb, (ii) any patent or proprietary medicine, unless there is 10 displ1lyed in thepresc:!ribed manner on the label or container thoceof the true list of au the ingredients contained in it; and (iii) any ayunredic, siddha or unani drug in contravention of any of the provisions of this chapter or any rule 15 made thereunder; (b) sell, stock or ,exhibit or offer for aale 1»" distribute any ayurvedic, siddha or unani drug which haa been manufactured in eontravention of any of the provisioil1l of this act, or any rule made thereunder; 20 (c) manufacture for sale or for distribution, any ayurvedic, siddha or unani drug, except under,ana in accordance with the conditions of, a licence issued for such purpose under this chapter by the prescribed' authority: provided that nothing in this section shall apply to !:i 5 -v didyas and h1i1cims who manufacture ayurvedic, siddha or unani drug for the use of their own patients: provided further that nothing in this section shall apply to the manufacture, subject to theprellc~ condltions, of smai1 quantities of any ayurvedic, siddha or unani drug for the go purpose of examination, test or analysis  33 ed without pre:judice to any other proviaion -eontained in this chapter, if the central government is satisfied on the basis of any evidence or other material available before it that the use of any ayurvedic, siddha or unani drug is likely to inwalve any risk 35 to human beings or animals or that any such drug does not haye the therapeutic value claimed or purported to be -claimed for it and that in the public interest it is necessary or ekpedient 80 to do then, that ·government may,by notification in the 0fticlal~, prohibit the manufacture, sale or distribution of such t\rug" power of central gov_ ernment to prohibit idulu-facture, etc, of ayvrvedie, siddha or unani drq,p in public interen 32 m section 33f of the principal act, after sub-lection  (2), the followinl sub-section shall be i1'iserted, namely:-amend ment of lection 13f "(3) 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" 5 33 for sections 33-1 and 33j of the principal act, the following sec- subltitions shall be substituted, namely:-tutlon of new aec: tiona for ections 33-1 and w "31-1 waoever himself or by any other person on his behalf-(1) manufactures for sale or for distribution,-(a) any ayurvedic, siddha or unani drug-10 (i) deepied to be adulterated under section 33ee, or pedlllty for manufacture sale, etc, of ayurvedic si(\dha (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; or :unani drug in contra· vention of tb1j chapter 20 (b) any ayurvedic, siddha or unani drug deemed to be sputious under section 33eea, shall be punishable with imprisonment for a term which shall not be less than one year but which mat' 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 sentem!e 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 o~ this chapter or of section 24 as appued by section 33h or any rule made under thia chapter, shall be punishable with imprisonment for a term which may extend to three montha and with fifte which shall not he less than five hundred rupees 39j whoever having been convicted of an offence,-3°' - -~ penalty for subsequent otrences n (a) under clause ,(a) of sub-section (1) of section 33-1 is again cenvicteo of an o1fabce under that clause, shah be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than two thousand rupeee; 35 [l ~' ·1 f:]  (b) under· clause (b) of sub-section (1) of section 33-1 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 fin which shall not be less ~han five thousand rupees: - provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose "1!!'lltedce 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 3;j-i is again convicted 5 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" (0) in sub-section (1), the words, brackets, figures and letter 10 "with the previous sanction of tht' authority specified under subsection (4) of section 33g" shall be inserted at the end; (b) in sub-section (2), for the words "of a presidency maglstrate or of a magistrate of the first class", the words "of a metr0-politan magistrate or of a judicial magistrate of the first class" shall i!, be substituted amendment of sectlon un (a) in sub-section (1), in the opening portion, for the words clafter consultation with the board", the words "after consultation with, or on the recommendation of, the board" shall be substituted; 120 (b) in sub-section (2) ,-(1) in clause (e) ,-(i) after the words "or unani r\rugs,'\ the words "and for sale df processed ayurvedic, siddha or unani drugs," shall be inserted; 125 (ii) the words· cland provide for the cancellation or suspension of such licences in any case where any provision of this chapter or rules made thereunder is contravened or any of the conditions subject to which they are issued is not complied with" shall be inserted at the end; go (2) for clause (f), the following clause shall be substituteil, namely:-  u (f) prescribe the conditions to be observed in the ~cldng of ayurvedic, siddha and unani drugs including the use of packing material which comes into direct contact with 35 the drugs, regulate the mode of labelling packed drugs and prescribe the matters which shall or shall not be included in such labels;";  (s) after clause (g), the following clauses shan be inserted, name1y:-f; i 40 ii (gg) prescribe under clause (d) of section 33ee the colour or colours which an ayurvedic, siddha or unani drug may berr or contain for purposes of colouring; (gga) prescribe the standards for ayurvedic, sfddha or unani dru,n; under ~ectiojl 33eeb:" 36 after section 34a of the principal act, the following section shall lnhrbe inserted, namely: _ uon of new nction 34aa 5 search any or 1181-"34m any inspector exercising powers under this act or the penalty rules made thereunder, who,-for vexatious (a) without reasonable ground of susplclon searches place, vehicle, vesae! or other conveyance; or zure (0) vexatiously and unnecessarily searches any person; or (c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or 10 (d) commits, ns such inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees"   37 in section 35 of the principal act, in sub-section (1), for the words amendment of sectioq· u "it shall be lawful for the court before which the conviction takes place to cause", the words "the court before which the conviction takes place shall, on application made to it by the in:!(,)ector, cause" shall be substituted 20 38 in section 36 of the principal act,-ameqdmet of iict10n 38 50t 1898 tof 19'14 (a) for the words and figures lithe code of criminal procedure, 1898", the words and figures lithe code of criminal procedure, 19'13" shall be substituted; (0) for the words "any presidency magistrate or any magis-25 trate of the first class", the words "any metropolitan magistrate or any judicial magistrate of the first class" shall be substituted 39 after section 36 of the principal act, the following section sball idierbe inserted, namely:-tjon of new ij8co tlon iia certajn offedcei to be trled bummarlly 35 2 ot 19j4 30 "36a notwithstanding anything contained in the code of criminal procedure, 1973, all offences under this act, purrlshaole with imprisonment for a term not exceeding three years, other than an offe,nce under clause (b) of sub-section (1) of section 33-1, shall be tried in a summary way by a tudicial magistrate of the first class specially empowereci in this behalf by the state government or by a metropolitan magistrate ann 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 sun:unary trial under this section, it shall be lawful for the macis~ to pas& a 8~tence of imprisonment for a term not ext:eeding one year: provided further that when at the commencement of, or in the course of, a summary trial under this section it ap~ars to the magistrate that the nature of the case is such that a sentence of 5 imprisonment for a term exceeding one year may have to be passed or tl:aat it is, for any other reaioll, 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 eddlined and ~d to hear or rehear the ease in the manner 10 provided by the said code" amendment of section 38  in section 3s of the principal act, for the words "and if before the expiry of the session in which it is so laid or the successive sessions aforesaid", the words "and if, before the expiry of tlie session irmnediately following the session or the successi~e sessions aforesaid" shad 15 be substituted  fl in the first schedule to the prin~t,-(a) for the heading "a-ayurvedic (including smdra) sys'l'em", the heading "a-ayurvedic and siddha systems" shall be substituted; !zo amend:-ment of firat schedule f ('b) for the heading ,ib-unani (tibb) system" the heading "b-unatfi tin systek" shall be substituted tr~ toit provtsion 42 (1) until the constitution of the ayurvedic, siddha and unani drugs technical advisory board in accordance with the provisions of the princi?al act, as arn,ended by this act, the ayurvedic  and unani 125 drugs technical advisory board constituted in accordance with the provisions of the principal act and functioning immediately before the commencement of this act shall be deemed to be the ayurvecuc, siddha and unani drugs technical mvisory board ccmstituteo in accerdance with the provisions of the principal act as amended by this act and;) shall continue to function as if this act had not been passed "" ·pt (2) on the constitution of the ayurvedic, siddha and unani drugs technical advisory board in accordance with the rn'ovisions of the principal act, as amended by this act, every person nominated as a mem-  ber of the ayurvedic and unani drugs technical advimryboard, in ~ accordance with the provisions of the principal act, ani holdine oftice ;)j as such member immediately before such constitution shall be deemed to have vacated his office  the drugs and cosmetics act, 1940, r~tes the import into, manufacture, distribution and sale of drugs and cosmetics in the country the problems of adulteration of drugs and also of production of spurious andsu))standard drugs are posing serious threat to the health of the community it is, therefore, considered neeessary to amend the drugs and coimetiaj act, so as to impose more stringent penalties on the antisocial elements indulging in the man~acture or sale elf aduuerated or spurious drugs or drugs not of standard quality which are likely to caus~ neath or grievous hurt to the user this owortunity is also being availed of to incorporate certain other provisions on the other aspects of effective control on the manufacture, distribution, sale of rtrugs addo08metics on the basil of experience gained in the working of the act 2 some of the important proposals envisaged are set out below:-(1) (a-) widening of the definition of the expression 'cosmetics' so as to bring within its scope 'toilet soaps' in order to exercise control over such soaps which may contain harmful ingredients like hexachlorophene [vide clause ,3 (c) ] ; (b) the definition of the expression 'drug' to be expanded to ejilable control being errcised over the components df drugs including empty gelatine capsules and also devices which are intended for internal or external use in the dia,gnosis ol' treatment of diseases in human beings or animals [vide clause 3 (d)]; (c) widening of the scope of the expression 'patent or proprietary medicble' so as to include patent or proprietary mediclnes which relate to ayurveda, siddha or unani tibb qtems of medicines but not including such medicines as are administered by puenteral (ie by means of injections) route [vide clause 3(1)] --(2) incorporation of a new provision for the purpose of defining oertein terms like 'spurious drugs' and 'spurious cosmetics' and making of suita'ble consequential amendments 'in the definitions cif other expressions like 'misbranded drugs', 'adulterated drugs' and 'misbranded cosmetics' analogous provisions of a uke nature are also to be included in reipect of drugs relating to ayurveda, siddha or unani tibb systems of medicines [vide clauses 6, 13 and 31], (3) new ,-provisicms to be imorporated to empower the central government ~ prohibit import or manufaetlure of dl'uil and cosmetics in the public interest where that goveroment is satisfted that the use of any dmg or cosmetic is likely to involve any risk to human beings or animals or where the dru&' does not have any theraj:?6utic justification [vide clauses 8 and 21] (4) insertion cyf a mandatory provision so as to make it obli-,atory for any person who is a holder of a licence to maintain sueh records, registers and other documents as may be prescribed and to produce them to the concerned authority if and when required [vide clause 15] (5) provision to empower the inspector to stop and search any vehicle, vessel or other conveyance which be has reason to believe is being useci for carrying any drug or cosmetic in respect of which , an o1fence under the act is bt!ing committed [vide clause 191 (6) enhancement of the quantum of punishment for offences relating to the manufa<:ture or sale of adulterated, spurious drugs or drugs not of a standard quality which are likely toc8uae death or grievous hurt to the user penalties provided in respect of other offences are to be revised on a more rational basis (a) the proposed scale of punishment in respect of the first offence shall be as set out below [vide clause 22]: (i) imprisonment for not less than five years which may extend to life and with fine of not less than rupees ted thousand for the manufacture and sale of adulterated or spurious cirugs or drugs not of standard quality which are likely to cause death or harm on the i:>btient's body as would amount to grievous hurt; (ii) imprisonment 'for not less than one year which may extend to three years and fine of not less than rupees five thousand for manufacture and s~ of any adulterated drug or manufacture and sale of drugs without a valid licence; (iii) imprisonment for three years which may extend to five years and with fine of not less than rupees five 'thousand for manufacture or sale of spurious drugs; (iv) imprisonment for other offences shan be not less than one year which may extend to two years and with fine (b) the proposed scale of punishment for subsequent offences shall be as set out below [vide clause 25j-(i) imprisonment for not less than two years which may extend to six years and withfine of not less than rupees ten thousand for manufacture and sale of any adulterated drul or manuf~cture and sale of drugs without a valid licence; r <ii) imprisonment for not less ?tan six years which may extend to ten years 'bnd with fine of not less than rupees ten thousand for manufacture and sale of a spurious drug; (iii) imprisonment for a term for not less than two years which may extend to tour years and with fine of not less than rupees one thousand or with both for other offences   (7) provision to be made in section sac to give representations to  experts in the ayurvedic, siddha and vnani jyslems of medicines on the ayurvedic, siddha and unani drugs technical advisory board [vide clause 30] (8) another proposal relates to the constitution of an advilory committee to be called ayurvedic, siddha and unani drugs coillultative committee to advise the central government, the state governments and the ayurvedic, siddha and unani drugs technical advisory board on any matter intended to secure unifonnity throughout india in the administration of the act the committee ahall consist of two persons to be nominated by the centralgevvn· ment and one each by the state governments [uicle elauie 31] (9) punishments for manufacture, sale, etc of ayurvedic, siddha or unani drugs in contravention of the provisions of the act are sought to be enhanced [vide clause 33] (a) the proposed scale cif punishments for the ftm oft'ence shall be as set out below-(i) imprisonment up to one year or with 1lne of not _ than rupees one thousand for the manufactijre of adnl"" ed, ayurvedic, siddba and unani drugs or its manuf:ac_ without a valid licence; (ii) imprisomnent for one year which may extend to three yeam and flne of not less than rupees five thouaand for the manufacture of spurious, ayurvedic, skmha p unani drugs; (iii) imprisonment for three moaths and ftne of aotlell than rupees five thousand for other offeoces (0) the proposed scale 01 punishment for subsequent offences shall be as set out below-(i) imprisonment for a tenn which may extend to two years and with fine of not less than rupees two thousljlll fbi' otfences of manufacturing, sale or distribution of any ayurvedic, siddha or unani drug; (ii) impx:isonment for two years which may extend to six years and with fine of not less than rupees five thousadd for manufacturing cif any spurious ayurvedic, siddha or unani drug or sale thereof; (iii) imprisonment for six months and with fine of rupees one thousand for other offences (10) a new provision to be made to provide for summary trial in case of offences where the penalty is not more than three yeuw imprisonment [vide clause 39] 3 the bill seeks to achieve the above objects the above apvt, the other amendments sought to be eftecte~ are of a general or consequential nature new delhi; the 2~ april, 1982 b shankaranand ,;,;  "j ~    clause 30 of the bin contemplates the broad basing of the ayurvedlc and uriani drugs technical advisory board it is proposed that the central government will nominate the experts in accordance with the jy1evant provisions of the bill their travelling and odai~y allpwance for attending the meetings of the board will have to be met , 2  clause 31 of the bill provides that central government may constitute an advisory committee to be called the ay~rvedic, siddha  anq unani drugs technical advisory board on any matter intending to secure uniformity throughout india in the administration of this act in so tar·'as it relates to ayurvedic, siddha or unani drugs further the !sm ·contemplates that ayurvedic, siddha and unani drug consultative committee shall consist of two persons to be nominatea by the gentral gov~ent as representatives of the government and not more than one, representative of each state to be nominated by the state government concerned xhe ta and ·da of the central government nomineel will have to be met   ·  8 a recurring expenditure of about rs 1,00,000/- (rupees one lakh) on both counts as well as in salary of staff appointed to serve these committees is estimated to be incurred ~; '  ,,  4 no other provisions of the bill involve any other expenditure of ~~lli'ingor non  recurring nature 'trom out of the consolidated fund of ~, '-~ ',"  clause 9 of the bill seeks to amend section 12 of the principal act, to empower the central government to provide for the cancellation, or suspension of licences in cases where any· provisions of chapter ill of the act or the rules made thereunder are contravened or any of' the conditions subject- to which the licence is issued, is not complied with the clause further empowers the central government to frame rules tor prescribing the conditions to be observed in the use of packing material which comes into direct contact with the drugs, 2 clause 29 of t~ bill proposes to amend section 33 of the principal act and empowers the central government to frame rules, inter azi4, for prescribing qualifications of the authority empowered to issue tile licence, providing for the cancel1atior  or suspension of licences in- cases where any provision of chapter iv of the principal act or the rules made thereunder are contravened or any of the conditions subject to which they are issued, are not complied with, prescribing the recorda, register or other documents to be kept and maintained under section 18b, prescribing the fees for the inspection of premises jor the purpose of grant or renewal of licences and the manner in which copies are to be certified under sub-section (2a) of section 22 3 clause 35 of the bill amends section 33n of the principal act and empowers the central governu1ent to frame rules, i'l}ter alia, to cancel or suspend licences in cases where any of the provisions of chapter iva or rules made thereunder are contravened or any of the conditions lubject to which the licences are issued are not complied with, to 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, to prescribe the colour or colours which ayurvedic, siddha or unani drug may contain for purposes' of colouring under clause (d) of section 33ee and to prescribe the standards lor ayurvedic, siddha or unan:i drugs under section 33eeb, ~ the matters with respect to which the rules may be'made are inatters of procedure or detail the delegation of legislative power w, therefore, of a normal character (23 of 1940)  - - -  3 in this act, unless there is anything repugnant in the subject or contexi;-(c) "ayurvedic (including siddha) or unani drug" includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of disease in hwnan beings, mentioned in, and processed and mal1ufactured exclusively 1h accordance with the formulae described in, the authoritative books of ayurvedic (including siddha) and unani (tibb) systems ~t:riled1cine, specified in the first schedule; (aa) "the board" means-(i) lin relation to ayurvedic (including siddha) or unani drug, the ayurvedic and unani drugs technicaf advisory board constituted wader section 33c; and - - - -  (4aa) "cosmetic" means any article intended to be rubbed, poured, 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 fur use as a component of cosmet2ic, but does not include soap; (b) "drug" includes-(i) all medicines for internal or external use of human bemgs or animals and all substances intended to be used for or ta ue dlagbesis, treatment, mitigation or prevention of disease in human beings or animals; and -  - - - ~f) "manufacture" in relation to any drug or cosmetic includes any process or part of a process fur making, altering, ornamenting, ftrlishing, packing, labelling, breaking up or otherwise treating or a~opting any drug or cosmetic with a view to its sale and distribution but does not include the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary c;:ourse of retail business; and "to manufacture" shall be construed accordingly;  - - - - (h) "patent or proprietary medicin!" means 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 lis not included in the edition of the indian pharmacopoeia for the time being or in any other pharmacopoeia authorised in this behalf by tbe central government after consultation with the board; - - -    chapter ill import of drugs - '" •-  9 for the purposes of this chapter a drug shall be deemed to be misbranded-(a) if it is an imitation of, or substitute for, or resembles in a manner likely to deceive, another drug, 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 (b) if it purports to be the product of a place or country of which it is not truly a product; or (c) if it is imported under a name which belong to another drug; or (d) if it is so coloured, coated, powdered or polished that damrgo is concealed, or if it is made to appear of better or greater therapeutic value than it really is; or (e) if jt :is not labelled in the prescribed manner; or (f) if its label or container or anything accompanying the c:iru& bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular; or (g) if the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the cinig, which individual or company is fictitious or does not exist  9a for the purposes of this chapter, a cosmetic shall be deemed to be misbranded-milbnd-ded cosmetica (a) if it is an imitation of, or a substitute for, or resembles in a manner likely to deceive, another cosmetic; or (b) if it purports to be the product of a place or cowltry at which it is not truly a product; or (c) lif it contains a colour which is i?-ot prescribed; or (d) if it is imported under a name which belongs to another cosmetic; or (e) if it is not labelled in the prescribed manner; or  (f) if its label or container bears the name of an individual or company purporting to be the manufacturer or producer 01  cosmetic which individual or company is fictitious or doet not exmt; or (g) it the label or container bears any statement whwh - tajm or misleading il) any particular 9b fol1 the purposes of this chapter, a drug shall be deemed tq be tdulterated-aduj1e rated drup (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 any substance has been-(i) mixed or packed therewith so as to reduce its quality or strength; or (ii) substituted wholly or in part therefor ezplanation-for the purpose of clause (a), a drug shall not be deemed to consist, in whole or in part, of any decomposed substance only by reason of the fact that such decomposed substance is the result of any natural decomposition of the drug within the period, if any specified on the label of the drug within which the drug is to be used: proyided that such decomposition is not due to any negligence, on the part of the manufacturer of the drug or the importer or the dealer thereof and that it does not render the drug injurious to health 10 from such date as may be fixed by the central government by notification in the official gazette in this behalf,' no person shall impo~  -  ~ - - - - - (b) any misbranded drug or misbranded cosmetic; prohibition of import of certaid dru, or cosme tics (bb) any adulterated drug; - - - - - (d) any patent or proprietary medicine, unless there -is displayed in the prescribed manner on the label or container thereot the true fonnula or list of ingredients contained in it, in a manner readily intelligible to the members of the medical ·profession; - - - - - i, ,  exp14714tion-the formula or list ·of ingredients mentioned in clause (ci) -shall be deemed to be true and a sufficient compliance with that lub-clause if, without disclosing a full and detailed recipe of the ingredients, it indicates correctly all potent or poisonous substances contabled therein together with an approximate statement of ~e composition of the medicine - - - - - 12 (1) the central government may, after consultation with the board and after previous publication by notification in the official gazette, make rules for the purpose of giving effect to the provisions of thii chapter; power " of cad-tral clov ernment to make ,j'u1ea provided that consultation with the board may be dispensed with if the central government is of opinion that circumstances have ariien' which render it necessary to make rules without such consultation, but in such a case the board shall be consulted withi'l six months of the making of the rules and the central government shall take into con-ideration 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 cosmetics for the import of which a licence is required, and prescribe the form and conditions of such licences, the authority empowered to issue the same, and the fees payable therefor; '" '" '" '" - (k) prescribe the conditions to be observed in the packing !n bottles, packages or other containers, of imported drugs or cosmetics; '" '" '" '" '" 13 (1) whoever contravenes any of the provisions of this chapter or oflenot any rule made thereunder shall, in addition to any penalty to wh;fch ees he may be liable under the provil:don of section 11, be punishable with imprisonment which may extend to one year, or with fine which may extend to five htmdred rupees, or with both (2) whoever, havinq been convicted under sub-section (1), is again 'convicted under that sub-section shall, in addition to any penalty as aforesaid, be punishable with imprisonment which may extend to two years, or with fine which may' extend to one thousand rupees, or with both '" '" '" '" - ' 15 no court inferior to that of a presidency magistrate or of a magistrate of the first class !'ihall try an offence punishable under sectior 13 ~~!' ,  chapter iv manufacture, sale and distribution' op' drugs - • '" - •17 for the purposes of tbtis clmpter a: drug shall be deemed to be misbranded-mjabrandecl druji (a) if! it is an imitation of, ~r sub!';titute for or req~mbles in a manner likelv to decefw~, another drug, or bears upon it or upon us label or cont~iner the name of another dru~, unless it is plainly and conspicuously marked so as to reveal its true chuacter and its mck of identity with such other drug; or (b) if it purports to be the product of a place or country of which it is not truly a product; or (e) if it is sold or offered or exposed for s81e under r name which belongs to another drug; or (d) if it is so coloured, coated, powdered or polishe4 t that damage is concealed, or if it is made to appear of better or  -therapeutic value th:m it really is; or (e) it it is not 1abe'led in the prescribed manner; or (1) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false cj8iiid for the drug or which is false or· misleading in any particular; or (g) if the label or container bears the name of an individual or company purporting to be the manufacturer or producer of the drug, which individual ~r company is fictitious or does not exist misbranded cosme tiel 1'1a for the purposes of this chapter, a cosmetic shall be deemed to be misbranded- (a) if it is an imitation of, or a sub~titute for, or resembles in a manner likely to deceive, another cosmet!e; or (b) it it purports to be the product of a place or country of which it is not truly a product; or (e) if it contains a colour which is not prescribed; or (d) if it is sold, or offered or exposed for sale, under a name which belongs to another cosmetic; or (e) if it is not labelled in the prescribed mannerj or (j) if its label or container bears the name ,of an indivi(lual or company purporting to be the manufacturer or producer ot the' cosmetic which individual or company it; fictitious or does not exist; or  (g) if the label or container bears any statement which is falae or misleading in any partieular 178 for the purposes of this chapter a drug shall be deemed to be adulterated-ad  · erate4 druii - ' i' ' (a) if it consists, in whole or in part, of any ftlthy, putrid or decomposed substance; or (b) if it has been prepared, packed or stored under insanitary conditions wherebv it may have been contaminated with filth or whereby it may h~ve bee~ rendered injurious to health; or "(c) if its container is composed, in whole or in part, t1f ait1 poisonous or deleterious subrtance which may render the contents injuriour to health; or (d) if it bear'~ or cont'3in~, for purposes of co\ouring oiilly, a colour other than one which is nrescribed; or (e) u any substa~ce has been-'(i) mixed or packed therewith so as to reduce its quality or strength; or (li) suh!'ltituted wholly <'1r in pl'lrt tnel'efor e~-!'or the purpose of clause (a), & drug shall not be deemed to codldst, in whole or in part, of any decomposed substance only by l'oi8&n of the fact that such decomposed substance is the ~ qf ~ natural'decoinpoiftion of the drug wlthin the period, if any, ~ on the 'label of the drug within which the drug is to be used: provided that such decomposition is not due to any negligence on the part of the manufacturer of the drug or the dealer thereof and that it doeinot nmder the drug injurious to health 18 from such date as may be fixed by the state government by notiftcation !in the oftkial gazette in this behalf, no person s:ull himself or by any otbe:r person on his behalf-(a) manufacture for sale, or sell, or stock or exhibit for sale, or distribute-prohibj-tion of manufac_ ture ad sal of eerta1a druia and co metieb (i) any drug or cosmetic which is not of standard quality; (ii) any misbranded drug or misbranded cosmetic; (iia) any adulterated drug; (iii) any patent or proprietary medicine, unless there is displayed tn the prescribed manner on the label or  container theteoi the true formula or list of ingrmients contained jh it iii it manner ~adily intewgilble to the members of the medical profebs1ott; - - - - - (b) sell, or ~tock or exhibit for sale, or dis~b~tc any dru8 or c:08uietic which has been imported or man~ in ~~tra~­lion of ady of the provisions of this act or any rute made there-under; (c) manufacture for sale, or sell, or stock or exhibit for sale, or dtstrlbrite any drug or cosmetic, except under, and !in accordance  with tbe conditions of, a ucence issued for such purpose under this 'chapter: - - -  - provided further that the central government may, after consultation with  the board, ~y notification in the, o1jlcfal :q~te'"l'iwt, bubje,cl to any conditions sped1led in the notification, ~ ~~~ for i8le, sale or custr1bution of any drug or class of drugs not being of ataiidard quality e:z:planation-the formula or list of ingredients mentioned in subclauie (iii) of clause (a) ahall be deemed to be true and a s~ compliance with that 8ub-clause lit, without disclosing a full· and  de~ recipe ot the ~ts, it indicates correctly all the potentor~ substances contained therein together with an approximate state~ at the composition of the medicine    1 • (1) - - -  - (2) for the purposes of section 18 a drug shall not be dee~d to be misbranded or adulterated or to be below standard quality nor shill a coidieite be' deemed to be misbranded or to be below standard quality only bj  reason' of the faet that- - - - - - (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 ofticially subordinate to such authority as the government appointing him may specify in this behalf zz (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,-(0) inspect any premises wherein any drug or cosmetic is being manufactured and in the case of sera, vaccines and any other drug  prescribed in this behalf, the plant and process of manufacture and the means employed for standardizing and testing the drug; (b) take samples of any drug or cosmetic which is being manufactured, or being sold or is stocked or exhibited for sale, or is being distributed; (c) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this chapter has been or is being committed and order in writing the person in possession of any drug or cosmetic in respect of which the offence has been or is beb:ig committed, not to dispose of any stock of such drug or cosmetic for a specified period not exceeding twenty days, or, lmless the alleged offence is such that the defect may be removed ~y the possessor of thp drug or cosmetic, seize the stock of such drug or co~tics; (cc) examine any record, register, document or any other material object found in any place mentioned in clause (c), and seize the same if he bas reason to believe that it may furnish evidence of the commission of an offence punishable under this act or the rules made thereunder; - - - - - (2) the provisions of the code of criminal procedure, 1898 shall, so &i of i  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 blsued under section 98 of the said code (3) if any person wilfully obstructs an inspector in the exercise of the powers conferred upon him by or under this chapter, he shall be punishable with imprisonment which may extend to three years, or with fine, or with both zi (1) - - - - - (5) where an inspector takes any action under clause (c) of 88c!tiod 22,-iii '" - - - (b) it he seizes the stock of the drug or cosmetic, he shall u ioqid 81 may be inform a magistrate ad take his orders u to the euatody thereof; - - '" - - (6) where an inspector seizes any record, register, document or any other material object under clause (ce) of sub-section (1) of section 22 he shall, as soon as may be, inform a magistnte and take his orders  to the custody thereof - - - - ri whoever himself or by any other person on his behalf manufactures for sale, sells, stocks or exhibits for sale or distributes-(ii) any drug-(i) deemed to be misbranded under clause (a), clause (b), clause (e), clause (d), clause (f) or clause (g) of section 17 or adulterated under section 17b; or peoalt7 for muau facture, ale, etc  of druta iii contra· ventiod of this chapter (ii) without a valid licence as required under clause (c) of section 18, shall be punishable with imprisonment for a tenn which shall not be less than one year but which may extend to ten years and shall also be liable to fine: provided that the court may, for any special reasons to be recorded in writing, impose a sentence of imprisonment of len than one year; (b) any drug other than a drug referred to in clause (a) in contravention of any of the provisions of this chapter or any rule made thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both pedal for  facture, •• le, eteof come-%7 a whoever himself or by any other person on his behalf manufactures for sale, sells, stocks or exhibits for sale, or distribute any cosmetic in contravention of any of the provisions of this chapter or any rule made thereunder, shall be punishable with impr:lsorunent tor a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both tl~ in contranntiod of tbii chqtir 28 whoever contravenes the provisions of section 18a shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both - - - - penalty for nod-d1ae1oiure of the namof thejdldu-o ~, eta pwt, tor~ mil_t ~  - (l) whoever, havlni been convicted of an otrenee-(a) under clause (a) of section 1:1 is again convicted ot ad offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may qtedd to ten years and shall also be liable to fine: provided that the court may, for any special reason to be record~ in writing, impose a aentence of lesa than two yean; ~ '  : (b) under clause (b) of section 27, is again coilvicted of an offence uniier thatc1'8use shall be punishable with unpriso~t 'for a term which may extend to ten years, or with fine or with both (1a) whoever, having been convicted of an offence under section 'rta is ~in convicted under that section, shall be punishable with un'prison-jriehtfot a term which 'may extend to two years, or with flne whlcll may extend to one thousand rupees, or with both - - - - - 31: (1) where any person has been convicted under this chapter for conttavening any such 'provision of this chapter or any rule made thereunder as may be specified by rule made in this behalf, the stock of the dttlg 'or cosmetic in respect of which the contravention has been made shall be liable to confiscation and if such contravention is in respect of-(i) manufacture of any drug deemed to be misbranded under clause (a), clause (b), clause (c), clause (d) c~use (f) or clause (g) of section 17 or adulterated under section 17b; or (ii) manufacture for sale, or sale, or stocking or exhibiting for ale, or distribution of any drug without a valid licence 88 requjrecl under clause (c) of section 18, -e1im}rmltntb or machinery used in such manufacture, sale or distrl- ;  b1lt1on::ll!l4any ret!eptacl~, 'pacbges or coverings in which such drug !s contatftm ~ and the· animais, vemcles, vetie1s or other conveyatlces used 1a carrying such drug shall also be liable to conftjcation '(i) ~ut prejudite to the provistorla contained in sub4edt1on (j), ~ 'the eourt is 'satisfled, on fhe appuc'iltion of an ii1speetor or otherwae-84  after such'  inquiry as may' be nece8s8ry that the drug or 008-iii8ti~ 111 !1bt of standard quality or is a misbranded or adulterated drag, or misbranded cosmetic, such drug or, as the cue may be, such cosmetic shall be liable to confiscation ' - - - - - - - - - , ~ iiuiice of ; malrls~!"te o! the fir::;t c'as5 shall try an offence punishable under this chapter ,  '"'i nlo~  '1 - - - - - o1renc:et" ,<2) no court ;nforil)r to t'1at of a presidency magistrate or of a i··  ·   ~ ii' • :   t ~: 3za where, 'r't ,,"v b'1, during the trial of any offence under th!a chapter alleged to have been committed by any person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, the court is satisfied, on the evidence adduced before ft, that such' manufacturer or agent is also concerned in that offence, then, the court may, notwithstanding anythin~ contained fn sub-sectlon ~ of section 351 of the code of crimhml procedure, 1898, proceed against him' i of l_ as though a ~tion had been instituted against hbn under section 12  ir 'i :", i 33 (1) the central government may after consultation with the board and after previous publication by notification in ~~ oftlclaj " g82i!tte; make rules for the purpost! of aztving et!eot "to die prcmjfona of this' 8dlpter: ' !"' power of ceotn1 dave'l'dsmnt to make nla ptmfdl!d fhat oi)djq1tation \vita the board may be &pense<!- with if the cthtral ~ ii' of opidicm tut cbwmstanaea rave ~ wb1eh 1'iildh it ne1llldy to  rules without inch codiultation, but in such a case the board shan be oodsulted wltbin sis months ot the making ot he rules ad the central government shall take into eonsideration any iligeitions which the board· may make ~ relation to tji6 ~t of _ 8a14 rolett (2) wjthout prejudice to the generality of the "foregoing power such id1ei may-- - - - - - (e) preaettbe the fo~ of uoences tor the manufactu~e for sale, for the sale anlt fot the d1atribution of drugs or any s;>ecified drug or clai· of c:irugi or of coiid8ttcs or any specifieiooametic or class of oocletiqlt the form of application for such licencu, the oonditions subject to which such l:lcences may be issued, the authority empowered to issue the same and the fees payable therefor; - - - - - (i) prescribe the conditions to be observed in the packing in bott1~, p,~ and other containers of drut(s or cosmet1cs, and proh11ilt the sale, stoc&g or exh1bftlon for sale, or dfstribiutfgd of dnqpr q1' cciiiiletfes pacdd in contra:ventioll f1f sugh eonctitiodl; - - - - - (ti) presertbe the powers and duties of inspectors and ipectfy the donp, or classaa of drup or ~~ or classes of cosmetics in re~a~on to w'bich and the conclitioll5, 1imi~tions or ~rlction ~bject to which, such powers and duties may be exercised or performed; - - - - 33c (1) the central government shall, by notiftcation in the oftlcial gazette and with effect from such date as may be spec1fled therein, constitute a board (to be called the ayurvedic ana unanf drops technical advisory board) to advise the central government and the state gov-'~,nti em 'technieal matters arising out of tbls chapter and to carry out ~he other functions assigned to it by this chapter ~ die id4 udiuil : erd·abt· «jry  (2) the board shall consist of the followin, memben, name1y:-- - - - - (iii) the adviser in indigenou~ systems of medicine, ministry ef health, ex otficio; - - - - - (viii) two persons to be nominated by the central government from among members of the central council of ayurvedtc research; - - - - - (zi) two persons, one each to represent the ayurvedic (including siddha) and l:1nani drug industry, to be nominated by the central government; "(:rii) two perrons,c:me each frc;tn among the practitioners of a~ (ine1udfrg ddtja) and· ttniaf ,tam of mecftejne, to ije nomjnated by the central government - - - - - 330 from such date as may be fixed by the state government by notification in the official gazette in this behalf, no person shall himaelf or by any other person on his behalf, manufacture for sale any ayurvec:lic (including siddha) or unani drug,-(a) except under prescribed hygienic conditions; prohibi tion of manufacture for sale of ayurvedie (including siddha) and unant drup (b) except under the supervision of a person having the prescribed qualifications;   (c) except under and in accordance with the conditions of a licence issued for such purpose under this chaqter; (d) unless the raw materials used in the preparation of such drug are genuine and are properly identified; (e) unless such drug is labelled with the tnie ust of au tho ingredients contained in it and with such other particulars 88 may be prescribed; and (f) in contravention of any of the provisions of this chapter or any rule made thereunder: provided that nothing in th;s section shall apply to vaidyas and hakims who manufacture such drugs for the use of their own patients: provided further that nothing in clauses (4), (b) and (e) shall apply to the manufacture, subject to prescribed conditions of small quantities of any such drug for the purpose of examinatfon,test or analysis 33£ from such date as mily be fixed by the state government by notiflcation in the omclal gazette in this behalf no person sh:tll··himself or by any other person on his behalf, fell, or stock or exhibit for sale, or distribute, any ayurvedic (including siddha) or unani dru~ other than that manufactured by a manufacturer licensed under this chapter - - " - " restrlction od sale, etc, of ayur vedic (in cludln, siddha) and unani drup 331 whoever contravenes the provisions of section 33d or section 33e or section 24 as applied bv section 33h or any rule made under this chapter shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupeel, or with both peaalt7 for manu facture, sale, etc ofayur_ vedic (ld-cludin slddha) ani! unadi dru,1 1ft contravention of thl chapter penalty for subsequent otrcllll!l 3u wh«?evel', having been con~cted of an offence under 8eetion 33d or section 33e is again convicted of an offence under the said section shall be punishable with imprisonment for a term which may extend to lix montha, or with flnewhich may extend to one thouiandrupees, or with both - " •• - - conp zance of offences 13m (1) no prosecution' und8r this chapter shall be inatituted except by an inspector ,"" (2) no court ~ior to that of a presidency magiatrate or of a magistrate of the first class shall try an oftence punishable under this chapter " , un (1) the central government" may, after consultation with the board and atter previous publication by notification in the official gazette, make rules for the purpose of giving e1fect to the provisions of this chapter: | power    ||----------|| central  || govern  || mentto   || make     || rules   |provided that consultation with the board may be dispensed with it 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 mating of the rules and the central government shall take into codsideration any suggestions which the board may make in relation to tlje amendment of the said rules (2) without prejudice to the generality of the foregoing power, such rules may-- - - - - (e) prescribe the forms of licences for the manufacture for sale of ayurvedic (including 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 tssue the same and the fees payable therefor; publica· tlon of sentences passed under thla act (f) regulate the mode of labelling packed ayurvedic (including s1ddha) or unani drugs and prescribe the matters which shall or ahall not be included in such labels; - - - - - 35 (1) if any person is convicted of an offence under this act, it shall be lawful for the court before which the conviction takes place to cause the oftender's name, place of residence, the oftence of which he has been convicted and the penalty which has been inflicted upon him, to be publjahed at the expense of such person in such newspapers or in such other manner as the court may direct - - - - - 31 notwithstanding anything contained in the code of criminal procedure, 1898 it shall be lawful for any presidency 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 - - - - - maliatrate' power to impose enhanced penal· ties ru1ea to belalci before parliament 38 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 th:irty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid 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 modiftcation or annulment shall be without prejudice to the ftlsdity of anythina previously done under that rule - ~:~;-~~ [see section 3(4)]' ;a;;;a!:ocftiac (ttatn)dig s:i:iap) ~ - - - a bill further to amend the drugs and cosmetics act, 1940 (shri b shankmclmnd, miftwter 01 health cmd fmni&ti welffin) 