Amendment in Pharmacy Act 1948 and Drugs and Cosmetics Act 1940
Year- 1940 No- 23
The Drugs and Cosmetics Act, 1940
(A) In section 29, for the words "punishable with fine which may extend to five thousand rupees", the words "liable to a penalty which may extend to one lakh rupees" shall be substituted.
(B) In section 30, in sub-section (2), for the words "imprisonment which may extend to two years, or with fine which shall not be less than ten thousand rupees, or with both", the words "fine which shall not be less than five lakh rupees" shall be substituted.
(C) In section 32B, in sub-section (1), after the words and figures "of section 13,", the words, brackets, letters, and figures "clause (d) of section 27 and clause (ii) of section 27A," shall be inserted.
Year- 1948 No- 8
The Pharmacy Act, 1948
(A) In section 18, in sub-section (2), after clause (h), the following clauses shall be inserted, namely: — "(i) the manner of holding an inquiry and imposing penalty under sub-section (1) of section 43A; (j) the form and manner of preferring an appeal under sub-section (2) of section 43A.".
(B) In section 26A, in sub-section (3), for the words "punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees, or with both", the words "liable to a penalty which may extend to one lakh rupees" shall be substituted.
(C) In section 41, for sub-section (1), the following sub-section shall be substituted, namely:— "(1) If any person whose name is not for the time being entered in the register of the State falsely pretends that it is so entered or uses in connection with his name or title any words or letters reasonably calculated to suggest that his name is so entered, he shall be punishable on first conviction with fine which may extend to one lakh rupees and on subsequent conviction with imprisonment which may extend to three months or with fine not exceeding two lakh rupees, or with both: Provided that it shall be a defense if the name of the person is entered in the register of another State and that at the time of claim, an application for registration in the State had been made.".
(D) In section 42, in sub-section (2), for the words "imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both", the words "imprisonment for a term which may extend to three months, or with fine which may extend to two lakh rupees, or with both" shall be substituted.
(E) After section 43, the following section shall be inserted: — "43A. Adjudication of penalties-
(1) To adjudge the penalties under section 26A, the Central Government shall authorize the President of the State Council, where the alleged violation is committed, to be the adjudicating officer for holding an inquiry and imposing penalty in the manner as may be prescribed under section 18, after giving any person concerned a reasonable opportunity of being heard.
(2) Whoever is aggrieved by any order of the adjudicating officer may prefer an appeal to the President, Central Council, within forty-five days from the date of receipt of such order in such form and manner as may be prescribed under section 18.
(3) The President, Central Council may entertain an appeal after the expiry of forty-five days if it is satisfied that the appellant was prevented from sufficient cause for filing the appeal within the said period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(5) An appeal under sub-section (2) shall be disposed of within ninety days of filing.
(6) The amount of penalty imposed under sub-section (1), if not paid, may be recovered as an arrear of land revenue.".
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