Section 24 of the Drugs and Cosmetics Act 1940 - Persons Bound to Disclose Place Where Drugs or Cosmetics Are Manufactured or Kept
Section 24 of the Drugs and Cosmetics Act, 1940 creates a legal duty on the person in charge of premises where a drug or cosmetic is being manufactured, or is kept for sale or distribution, to disclose the relevant place when required to do so by an Inspector.
Text of Section 24
Section 24 - Persons bound to disclose place where drugs or cosmetics are manufactured or kept.
Every person for the time being in charge of any premises whereon any drug or cosmetic is being manufactured or is kept for sale or distribution shall, on being required by an Inspector so to do, be legally bound to disclose to the Inspector the place where the drug or cosmetic is being manufactured or is kept, as the case may be.
Legislative note: The words relating to cosmetics were inserted by Act 21 of 1962, section 15, with effect from 27 July 1964.
What Section 24 Means
The provision supports inspection and enforcement under the Act. It applies when an Inspector requires information from the person who is, at that time, in charge of premises connected with the manufacture, sale or distribution of drugs or cosmetics. The statutory obligation is to disclose the place where the relevant drug or cosmetic is manufactured or kept.
Who Is Required to Disclose the Place?
The duty is imposed on the person for the time being in charge of the premises. The wording focuses on actual responsibility for the premises at the relevant time. The provision is therefore directed at obtaining location information necessary for an Inspector to perform regulatory functions under the Act.
When Does the Duty Arise?
- There must be premises where a drug or cosmetic is being manufactured or is kept for sale or distribution.
- An Inspector must require the person in charge to make the disclosure.
- Once so required, the person is legally bound to disclose where the drug or cosmetic is being manufactured or kept.
Meaning of Drug, Cosmetic and Inspector
Drug: Section 3(b) of the Act contains the statutory definition of "drug". It includes medicines for internal or external use and other categories specified in that definition. The precise statutory definition should be consulted when deciding whether a particular substance or product falls within the Act.
Cosmetic: Section 3(aaa) defines a "cosmetic" broadly as an article intended to be applied to the human body for cleansing, beautifying, promoting attractiveness or altering appearance, and includes an article intended for use as a component of a cosmetic.
Inspector: Inspectors for the purposes of Chapter IV are appointed under Section 21. Their statutory powers are principally set out in Section 22, while Section 23 deals with procedure followed by Inspectors in specified situations.
Relationship With Other Provisions
Section 24 should be read as part of the inspection and enforcement framework in Chapter IV of the Act. Sections 21 to 23 deal with Inspectors, their powers and procedure. Section 24 imposes the disclosure obligation concerning the location of manufacture or storage. Depending on the facts, other provisions concerning records, information and penalties may also become relevant, including Section 18B and Section 28A.
Practical Point
Section 24 is concerned specifically with disclosure of the place where a drug or cosmetic is manufactured or kept. It should not be confused with Section 18A, which concerns disclosure of the name, address and other particulars of the person from whom a drug or cosmetic was acquired in the circumstances covered by that section.
Regulatory Context
The Drugs and Cosmetics Act, 1940 remains a central statute governing drugs and cosmetics in India. Drug regulation operates under the Act and applicable rules. Cosmetics are also regulated under the Act, with the Cosmetics Rules, 2020 forming an important part of the current regulatory framework for cosmetics.
Related Sections
For the surrounding statutory scheme, see Section 22 - Powers of Inspectors, Section 23 - Procedure of Inspectors, Section 25 - Reports of Government Analysts, and Section 28A - Penalty for not keeping documents and for non-disclosure of information.