Section 31A of the Drugs and Cosmetics Act, 1940 - Application to Government Departments
Section 31A places Government departments substantially on the same regulatory footing as other persons when they manufacture, sell or distribute drugs under Chapter IV of the Drugs and Cosmetics Act, 1940. The section expressly excludes the provisions contained in Section 31.
Text and meaning of Section 31A
The provisions of this Chapter, except those contained in Section 31, apply to the manufacture, sale or distribution of drugs by a department of Government in the same manner as they apply to the manufacture, sale or distribution of drugs by any other person.
In practical terms, a Government department does not obtain a general exemption from the requirements of Chapter IV merely because the activity is carried on by Government. Where the department manufactures, sells or distributes drugs, the applicable provisions of the Chapter continue to operate, subject to the specific exclusion of Section 31 stated in Section 31A.
What Section 31A covers
- Government departments: The provision specifically addresses drug-related activities carried on by a department of Government.
- Manufacture, sale or distribution: These are the activities expressly identified by the section.
- Chapter IV requirements: The relevant provisions of Chapter IV apply as they do to activities carried on by other persons.
- Exception for Section 31: Section 31, dealing with confiscation, is expressly excluded by the wording of Section 31A.
Relationship with Section 31
Section 31 of the Drugs and Cosmetics Act, 1940 deals with confiscation in specified circumstances. Section 31A expressly says that the provisions of Chapter IV apply to Government departments except those contained in Section 31. This statutory exception should be read according to its express terms rather than as a general exemption from the rest of Chapter IV.
Legislative history
Section 31A was inserted by Section 22 of the Drugs and Cosmetics (Amendment) Act, 1964 (Act 13 of 1964), with effect from 15 September 1964. Its purpose, as reflected in the enacted text, is to make the Chapter applicable to Government departments engaged in the specified drug activities while preserving the stated exception.
Related provisions
Readers may also refer to Section 32 - Cognizance of offences and the other provisions of Chapter IV. For the Act as a whole, see the Drugs and Cosmetics Act, 1940.