Drugs and Cosmetics Act, 1940

3. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

⁹ [(a) "¹⁰[Ayurvedic, Siddha or Unani] drug" includes all medicines intended for internal or external use for or in the diagnosis, treatment, mitigation or prevention of ^11[disease or disorder in human beings or animals, and manufactured] exclusively in accordance with the formulae described in, the authoritative books of ¹¹[Ayurvedic, Siddha and Unani Tibb system of medicine], specified in the First Schedule,]

¹² [(aa) "the Board" means-

(i) in relation to ¹⁰[Ayurvedic, Siddha or Unani] drug, the ¹¹[Ayurvedic, Siddha and Unani Drugs Technical Advisory Board] constituted under section 33C; and

(ii) in relation to any other drug or cosmetic, the Drugs Technical Advisory Board constituted under section 5;]

¹³ [¹⁴[(aaa)] "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 for use as a component of cosmetic ¹⁵[***];]

¹⁶ [(b) "drug" includes-

¹⁷ [(i) all. medicines for internal or external use of human 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 repelling insects like mosquitoes ;]

(ii) such substances (other than food) intend to affect the structure or any function of the human body or intended to be used for the destruction of 18'[vermin] or insects which cause disease in human beings or animals, as may be specified from time to time by the Central Government by notification in the Official Gazette;]

¹⁹ [(iii) all substances intended for use as components of a drug including empty gelatine capsules; and

(iv) such devices intended for internal or external use 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;]

²⁰ [(c) "Government Analyst" means-

(i) in relation to ¹⁰[Ayurvedic, Siddha or Unani] drug, a Government Analyst appointed by the Central Government or a State Government under section 33F; and

(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central Government or a State Government under section 20;]

^21[***]

²² [(e) "Inspector" means-

(i) in relation to ¹⁰[Ayurvedic, Siddha or Unani] drug, an Inspector appointed by the Central Government or a State Government under section 33G; and

(ii) in relation to any other drug or cosmetic, an Inspector appointed by the Central Government or a State Government under section 21;]

²³ [²⁴ (f) manufacture" in relation to any drug ¹³[or cosmetic] includes any process or part of a process for making, altering, ornamenting, finishing, packing, labeling, breaking up or otherwise treating or adopting any drug ¹³[or cosmetic] with a view to its ²⁵[sale or distribution] but does not include the compounding or dispensing ²⁶[of any drug, or the packing of any drug or cosmetic,] in the ordinary course of retail business; and "to manufacture" shall be construed accordingly;]

²⁷ [(g)] "to import", with its grammatical variations and cognate expressions means to bring into ²⁸[India];

²⁹ [(h) "patent or proprietary medicine" means,-

(i) in relation to Ayurvedic, Siddha or Unani Tibb systems of medicine all formulations containing only such ingredients mentioned in the formulae described in the authoritative books of Ayurveda, Siddha of Unani Tibb systems of medicine specified in the First Schedule, but does not include a medicine which is administered by parenteral route and also a formulation included in the authoritative books as specified in clause (a);

(ii) in relation to any other 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 Pharmacopoeia for the time being or any other Pharmacopoeia authorized in the behalf by the Central Government after consultation with the Drugs Technical Advisory Board constituted under section 5;]

³⁰ [²⁷[(i)] "prescribed" means prescribed by rules made under this Act.]

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