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The Drugs Act, 1940

( ACT NO. XXIII Of 1940 )

Chapter IV

MANUFACTURE, SALE AND DISTRIBUTION OF DRUGS

Prohibition of manufacture and sale of certain drugs
18. From such date as may be fixed by the Government by notification in the official Gazette in this behalf, no person shall himself or by any other person on his behalf
 
 
 
 
(a) manufacture for sale, or sell, or stock or exhibit for sale, or distribute
 
 
 
 
(i) any drug which is not of standard quality;
 
 
 
 
(ii) any misbranded drug;
 
 
 
 
(iii) any patent or proprietary medicine, unless there is displayed in the prescribed manner on the label or container thereof either the true formula or list of ingredients contained in it in a manner readily intelligible to members of the medical profession;
 
 
 
 
(iv) any drug which by means of any statement, design or device accompanying it or by any other means, purports or claims to cure or mitigate any such disease or ailment, or to have any such other effect as may be prescribed;
 
 
 
 
(v) any drug, in contravention of any of the provisions of this Chapter or any rule made thereunder;
 
 
 
 
(b) sell, or stock, or exhibit for sale, or distribute any drug which has been imported or manufactured in contravention of any of the provisions of this Act or any rule made thereunder;
 
 
(c) manufacture for sale, or sell, or stock or exhibit for sale, or distribute any drug, except under, and in accordance with the conditions of, a licence issued for such purpose under this Chapter:
 
 
 
 
Provided that nothing in this section shall apply to the manufacture, subject to prescribed conditions, of small quantities of any drug for the purpose of examination, test or analysis:
 
 
 
 
Provided further that the Government may, by notification in the official Gazette, permit, subject to any conditions specified in the notification, the manufacture for sale, sale or distribution of any drug or class of drugs not, being of standard quality.
 
 
 
 
Explanation. The formula or list of ingredients mentioned in sub clause (iii) of clause (a) shall be deemed to be true and a sufficient compliance with that sub clause if, without disclosing a full and detailed recipe of the ingredients, it indicates correctly all the potent or poisonous substances contained therein together with an approximate statement of the composition of the medicine.

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Ministry of Law, Justice and Parliamentary Affairs