Bare ActsThe DRUGS AND COSMETICS ACT, 1940

Section 12

Power of Central Government to make rules

Amendment status not verified — confirm the current text below against the official source.

Power of Central Government to make rules. —(1) The Central Government may, 4[after consultation with or on the recommendation of the Board] and after previous publication publication by notification in the Official Gazette, make rules for the purpose of giving effect to the provisions of this Chapter : 5[Provided that consultation with the Board may be dispensed with if the Central Government is of opinion that circumstances have arisen which render it necessary to make rules without such consultation, but in such a case the Board shall be consulted within six months of the making of the rules and the Central Government shall take into consideration any suggestions which the Board may make in relation to the amendment of the said rules.] (2) Without prejudice to the generality of the foregoing power, such rules may— (a) specify the drugs or classes of drugs 6[or cosmetics or classes of cosmetics] for the import of which a licence is required, 7[and prescribed the form and conditions of such licences, the authority empowered to issue the same, the fees payable therefor and provide for the cancellation, or suspension of such licence in any case where any provision of this Chapter or the rules made thereunder is contravened or any of the conditions subject to which the licence is issued is not complied with] ; (b) prescribe the methods of test or analysis to be employed in determining whether a drug 6[or cosmetic] is of standard quality ; (c) prescribe, in respect of biological and organometallic compounds, the units or methods of standardisation; 8[(cc) prescribe under clause (d) of 9[section 9A] the colour or colours which a drug may bear or contain for purposes of colouring;] (d) specify the diseases or ailments which an imported drug may not purport or claim 10[to prevent, cure or mitigate] and such other effects which such drug may not purport or claim to have; (e) prescribe the conditions subject to which small quantities of drugs, the import of which is otherwise prohibited under this Chapter, may be imported for the purpose of examination, test or analysis or for personal use; (f) prescribe the places at which drugs 6[or cosmetics] may be imported, and prohibited their import at any other place;

Section 12 – The DRUGS AND COSMETICS ACT, 1940 | DailyLaw.ai