The Drugs Act-1940

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The Drugs Act-1940

Type: Rules

Issuing Agency: Department of Narcotics control

Responsible Agency: Department of Narcotics control

Issuing Date: 20-09-1964

By Permission of the

GOVERNMENT OF PAKISTAN

THE DRUGS ACT, 1940

(XXIII OF 1940)

(As modified up to the 20th September, 1964)

ALL PAKISTAN LEGAL DECISIONS

NABHA ROAD, LAHORE

CHAPTER 1

INTRODUCTORY

(1) This Act may be called the Drugs Act, 1940.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once: but Chapter III shall take effect only from such 6date as the Central Government may, by notification in the official Gazette, appoint in this behalf, and Chapter IV shall take effect in a particular

For Statement of Objects and Reasons, see Gazelle of India, 1940. Pt. V, p. 34 ; for Report of Select Committee, see.ibidl.. p 143.

This Act has been applied to: —

(i) Baluchistan, see Notification No. I0X-N. dated the 17th October. 1940, Gazetle of India.

1940. Pt. I. p. 1478.

(ii) Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.-W.F.P. and extended to the Excluded Area of Upper Tanawal (N.-W.F.P.) other than Phulera with effect from such date and subiecl lo such modifications as may be notified, see N.-

W. F. P. (Upper Tanawal) (Excluded Area) Laws Regulation. 1950. This Acl has been extended to:

-¦ (i) the Leased Areas of Baluchistan by Hie Leased Areas (Laws) Order. 1950 (G.G.O. 3 of

Short title-, extern and commencement

1950); (ii) the'Baluchistan States Union by the Baluchistan Stales Union (Federal Laws) (Extension)

Order. 1953 (G.G.O. 4 of 1953) ; din the Stale of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order. 1953

(G.G.t). I 1 of 1953). as amended ; (iv) the whole of the Province of Wesl Pakistan by the Wesl Pakistan Act 14 ot 1958. s. 2.

The Act has been and shall be deemed lo have Ken brought into force in Gwadur with effect from the 8th September. 1958 by the Gwadur (Application of Central Laws) Ordinance. 1960 (37 of I960), s. 2.

2 The word and comma "export." ins. by Act 22 ot 1963. s. 2.

3 The words and comma "export from," ins. ihitl., s. 3.

4 Subs, by Ordinance No. 21 of 1960. s. 3 and Second Schedule, for the words "the Provinces and the Capital of the Federation" which were subs, by the A.O.. 1949. for "British India".

5 Subs, by Ordinance No. 21 of 1960, s. 3 and Second Sch.. for subsection (2) which was amended by the A.O., 1949.

6 The 1st April, 1947, as the dale from which Chapter III shall take effect, see Gazette of India. 1946. Pt. I. p. 1349.

CHAPTER II

Tun DRUGS TECHNICAL ADVISORY BOARD, Tin-: CENTRAL DRUGS LABORATORY AND nm DRUGS CONSULTATIVE COMMITTEE

5.— (1) The Central Government shall, as soon as may be, constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Central Government and the Provincial Governments on technical matters arising out of

1 Subs, by Ordinance No. 21 of 1960. s. 3 and Second Schedule (with effect from 14-10-1«>55) for the words "the Provinces and the Capital of the Federation" which were subs, by the A.O., 1949. for "British India".

2 Subs, by Act No. 22 of 1963. s. 4. for the words "League of Nations".

3 The words "or Chapter IIIA" ins. ibid.The Drugs Technical Advisory Bo aid

The Drugs Consultative Committee.

1 For the Drugs Technical Advisory Board Bye-laws. 1963, see Gazelle of Pakistan, 1963. Pt. I. p. 46')

2 Subs, by the AC. 1949, for "the Central Research Institute, Kasauli. or al any other".

3 The word "prescribed" omitted by the Federal Laws (Revision and Declaration) Act. 1951 (26 of 19M ),

s. 3 and Second Sell.

4 The words "institute or of that other" omitted by the A.O.. 1949.

5 The words "as the case may be" rep. by the Federal Laws (Revision and Declaration) Act. 19? 1 (26 ol 1951), s. 3 and Second Sell.

6 Clauses (b) and (c), omitted by Act No. 22 of 1963. s. 6.

CHAPTER III

IMPORT OF DRUGS

Misbranded drugs.

8.— (1) For the purposes of this Chapter the expression "standard quality" when applied to a drug means that the drug complies with the standard set out in the Schedule.

(2) The Central Government, alter consultation with the Board and after giving by notification in the official Gazette not less than three months' notice of its intention so to do, may by a like notification add to or otherwise amend the Schedule for the purposes of this Chapter, and thereupon the Schedule shall be deemed to be amended accordingly.

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

(d) 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

(e) if it is not labelled in the prescribed manner; or

CHAPTER IIIA

EXPORT OF DRUGS

15A. From such date as may be fixed by the Central Government by notification in the official Gazette in this behalf, no person shall export any drug for the export of which a licence is prescribed, otherwise than under, and in accordance with, such licence :

Provided that nothing in this section shall apply to the export, subject to the prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis or for personal use.

151$.— (1) The Central Government may, alter 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 this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may—

(a) specify the drugs or classes of drugs for the export 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;

(b) prescribe the conditions subject to which small quantities of drugs, the export of which is otherwise prohibited under this Chapter, may be exported for the purpose of examination, test or analysis or for personal use;

(d) regulate the submission by exporters of samples of drugs for examination, test or analysis by the Central Drugs Laboratory, and

CHAPTER IV

MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS

16.— (1) For the purposes of this Chapter the expression "standard quality" Standards of when applied to a drug means that the drug complies with the standard set out in quality. the Schedule.

(2) The Provincial Government, after consultation with the Board and after giving by notification in the official daze-tie not less than three months notice of its intention so to do, may by a like notification add to or otherwise amend the Schedule for the purposes of this Chapter, and thereupon the Schedule shall be deemed to be amended accordingly.

17. For the purposes of this Chapter a drug shall be deemed to be Misbranded misbranded— drugs

(a) if it is an imitation of, or substitute for, or resembles in a manner likely to deceive, another ding, 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 il is not truly a product; or

(d) if it is so coloured, coated or powdered or published that damage is concealed, or if it is made to appear of better or greater therapeutic value than it really is; or

(e) if it is not labelled in the prescribed manner: or

(f) 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, 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 or company is fictitious or does not exist.

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