INTRODUCTION
In 1937 a Bill was introduced in the Central
Legislative Assembly to give effect to the recommendations of the Drugs Enquiry
Committee to regulate the import of drugs into British India. This Bill was
referred to the Select Committee and the Committee expressed the opinion that a
more comprehensive measure for the uniform control of manufacture and
distribution of drugs as well as of imports was desirable. The Central
Government suggested to the Provincial Governments to ask the Provincial
Legislatures to pass resolutions empowering the Central Legislature to pass on
Act for regulating such matters relating to control of drugs as fall within the
Provincial sp here. Provincial Governments got the resolution passed from the
Provincial Legislatures and sent them to the Central Government for getting
through the Bill to regulate the import, manufacture, distribution and sale of
Drugs and Cosmetics. Thereupon the Drugs and Cosmetics Bill was introduced in
the Central Legislative Assembly.
STATEMENT OF OBJECTS AND REASONS
1. In order to give effect to the
recommendations of the Drugs Enquiry Committee,, in so far as they relate to
matters with which the Central Government is primarily concerned, a Bill to
regulate the import of drugs into British India was introduced in the
Legislative Assembly in 1937. The Select Committee appointed by the Legislative
Assembly was of the opinion that a more comprehensive measure providing for the
uniform control of the manufacture and distribution of drugs as well as of
import was desirable. The Government of India accordingly asked Provincial
Governments to invite the Provincial Legislatures to pass resolutions under
section 103 of the Government of India Act, 1935, empowering the Central
Legislature to pass an Act for regulating such matters relating to the control
of drugs as fall within the Provincial Legislative List. Such resolutions have
now been passed by all Provincial Legislatures.
2. Chapter II of the Bill establishes a Board
of Technical Experts to advise the Central and Provincial Governments on
technical matters.
3. Chapter III provides for the control of
the import of drugs into British India. The executive power under this chapter
will accordingly be exercised by the Central Government.
4. Chapter IV relates to control of the
manufacture, sale and distribution of drugs and contains the provisions which it
is proposed should be enacted in exercise of the powers conferred by the
resolutions under section 103 of the Government of India Act passed by the
Provincial Legislatures. The executive power under Chapter IV will be exercised
by the Provincial Government.
5. The First Schedule prescribes the
standards to be complied with by imported drugs and the Second Schedule
prescribes the standards to be complied with the drugs manufactured, sold or
distributed in India. The standards prescribed in the two Schedules are
identical. The Central Government will have power to amend the First Schedule,
but power to amend the Second Schedule will rest with Provincial Government.
6. The Government of India have considered to
what extent provision can be made to secure the maintenance of unformity in
standards and in other important matters in which uniformity is desirable. They
understand that it would be ultra vires of Central Legislature to assign to any
authority other than the Provincial Government's authority conferred by the Bill
in respect of matters falling within the Provincial Legislative field. For this
reason it is not possible to assign the power to fix standards and to make rules
to any single authority. In order to assure that before any action is taken due
consideration is given to the desirability of maintaining uniformity, provision
has been made in Chapter VI for a single Technical Advisory Board which both
Central and Provincial Government will be required to consult before modifying
the standards set up by the Bill or before making rules under the Bill.
ACT 23 OF 1940
The Drugs and Cosmetics Bill was passed by the
Central Legislative Assembly and it received the assent of the Governor General
on 10th April, 1940 and thus became the Drugs and Cosmetics Act, 1940 (23 of
1940).
LIST OF AMENDING ACTS AND ADAPTATION
ORDERS
1. The Repealing and Amending Act, 1949 (40
of 1949).
2. The Adoption of Laws Order, 1950
3. The part B States (Laws) Act, 1951 (3 of
1951).
4. The Drugs (Amendment) Act, 1955 (11 of
1955).
5. The Drugs (Amendment) Act, 1960 (35 of
1960).
6. The Drugs (Amendment) Act, 1962 (21 of
1962).
7. The Drugs and Cosmetics (Amendment) Act,
1964 (13 of 1964).
8. The Drugs and Cosmetics (Amendment) Act,
1972 (19 of 1972).
9. The Drugs and Cosmetics (Amendment) Act,
1982 (68 of 1982).
10. The Drugs and Cosmetics (Amendment) Act,
1986 (71 of 1986).
|
