Salient features of the amended provisions of the Drugs & Cosmetics Act, 1940

Prices of Life Saving Drugs

The Department of Pharmaceuticals has notified the National Pharmaceutical Pricing Policy- 2012 under which the prices of National List of Essential Medicines-2011 are to be controlled & regulated. The objective is to put in place a regulatory framework for pricing of drugs so as to ensure availability of required medicines essential medicines at reasonable prices even while providing sufficient opportunity for innovation and competition to support the growth of industry, thereby meeting the goals of employment and shared economic well being for all.

As per the recommendations of the Mashelkar Committee, the Drugs & Cosmetics Act, 1940 was amended by the Drugs & Cosmetics (Amendment) Act, 2008 for enhancing the penalties in the Drugs & Cosmetics Act, 1940 so as to help tackle the problem of spurious and adulterated drugs. The salient features of the amended provisions of the Drugs & Cosmetics Act, 1940 are as follows:

a) Maximum penalty life imprisonment and fine of Rs. 10 lakhs or 3 times the value of the confiscated goods, whichever is more.
b) Some of the offences cognizable and non-bailable;
c) Besides officers from the Drug Controller™s Office, other gazette officers also authorized to launch prosecution under the Act;
d) Specially designated courts for trial of offences covered under the Act;
e) Provision for compounding of minor offences.

This information was given by the Minister of State for Chemicals and Fertilisers, Shri Srikant Kumar Jena in a written reply in the Lok Sabha today.


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