THE DRUGS & COSMETICS (MAHARASHTRA AMENDMENT) ACT, 1989

MAHARASHTRA ACT No. XXXI OF 1989 (For State of Objects and Reasons see Maharashtra Government Gazette, 1989, Part-V Extraordinary, p.404.)

[This Act received the assent of the President on the 18^th September 1989; assent first published in the Maharashtra Government Gazette, Part IV, Extra-ordinary on the 4^th October 1989).

An Act further to amend the Drugs and Cosmetics Act, 1940, in its application to the State of Maharashtra.

WHEREAS It is expedient further to amend the Drugs and Cosmetics Act, 1940, in its application to the State of Maharashtra for the purpose hereinafter appearing; It is hereby enacted in the Fortieth Year of the Republic of India as follows:-

Short title.

1. This Act may be called the Drugs and Cosmetics (Maharashtra Amendment) Act, 1989.

23 of 1940.

Amendment of section 33 of Act 23 of 1940

2. In section 33 of the Drugs and Cosmetics Act, 1940, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”), in sub-section (2), -

(a) in clause (e), the words “and the fees payable therefore” shall be deleted:

(b) clause (eea) shall be deleted; and

(c) in clause (o), the words “and the fees payable therefore” shall be deleted.

3. After section 33 of the principal Act, the following section shall be inserted, namely:-

Power of State Government to make rules.

33-1A. The State Government may, by notification in the Official Gazette and subject to the condition of Previous publication, make rules, to prescribe the fees payable for the following purposes of this Chapter, namely:-

(a) grant or renewal, of a licence for the manufacture for sale or distribution for the sale and for the distribution of drugs or any specified drugs or class of drugs or of cosmetics or any specified cosmetics or class of cosmetics;

(b) inspection (for the purposes of grant or renewal of licences) of premises, wherein any drug cosmetic is being or is proposed to be manufactured;

(c) test or analysis of any drug or cosmetic by Government Analyst; and

(d) any other matter for which fees may be prescribed under this Chapter.”

Amendment of section 33N of Act 23 of 1940

4. In section 33N of the principal Act, in sub-section (2), in clause (e) the words and the fees payable therefore” shall be deleted.

Inspection of section 33N-1 in Act 23 of 1940

5. After section 33N of the principal Act, the following section shall be inserted, namely:-

Power of State Government to make rules

“33N-1. The State Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to prescribe the fees payable for the following purposes of this Chapter, namely:-

(a) grant or renewal of a licence for the manufacture for sale of Ayurvedic, Siddha or Unani drugs, and for sale of processed Ayurvedic, Siddha or Unani drugs;

(b) inspection (for the purpose of grant or renewal of licences) of premises, wherein any Ayurvedic, Siddha or Unani drug is being or is proposed to be manufactured;

(c) test or analysis of any Ayurvedic, Siddha or Unani drug by Government Analyst; and

(d) any other matter for which fees may be prescribed under this Chapter.”

Amendment of section 38 of Act 23 of 1940

6. In section 38 of the Principal Act, for the words “Every rule made “the words Every rule made by the Central Government” shall be substituted.

Insertion of section 39 in Act 23 of 1940

7. After section 38 of the principal Act, the following section shall be inserted, namely:-0

Rules to be laid before State Legislature

“39. Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.”

Amendment of Forms 14-A and 19-A of and Drugs Cosmetics Rules

8. In the Drugs and Cosmetics Rules, 1945, in Schedule-A, -

(a) in Form 14-A, for item 7, the following shall be substituted, namely:-

“7. A fee of rupees ………… has been credited to the Government account under the head of account. …….”;

(b) in Form 19-A, -

(i) in item 6, the words “five” and “twenty”, respectively, shall be deleted;