Drugs and Cosmetics Act, 1940 - Chapter IVA

Section 33C of the Drugs and Cosmetics Act, 1940: Ayurvedic, Siddha and Unani Drugs Technical Advisory Board

Section 33C provides for the constitution of the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board. The Board advises the Central Government and State Governments on technical matters arising under Chapter IVA and performs the other functions assigned to it by that Chapter.

Legal context: Section 33B states that Chapter IVA applies only to Ayurvedic, Siddha and Unani drugs. Under section 3, the expression "the Board", in relation to an Ayurvedic, Siddha or Unani drug, means the Board constituted under section 33C.

Meaning and purpose of Section 33C

The provision creates a specialist statutory technical body for matters concerning Ayurvedic, Siddha and Unani drugs. Its composition combines public health and drug-regulatory officials with Government Analysts, scientific specialists, pharmacopoeia representatives, teachers, industry representatives and practitioners.

Section 33C - Statutory provision

(1) The Central Government shall, by notification in the Official Gazette and with effect from the date specified in the notification, constitute the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board. Its statutory role is to advise the Central Government and State Governments on technical matters arising from Chapter IVA and to carry out other functions assigned to it by that Chapter.

(2) Composition of the Board:

  1. the Director General of Health Services, ex officio;
  2. the Drugs Controller, India, ex officio;
  3. the principal officer dealing with Indian systems of medicine in the Ministry of Health, ex officio;
  4. the Director of the Central Drugs Laboratory, Calcutta, ex officio;
  5. one person holding appointment as Government Analyst under section 33F, nominated by the Central Government;
  6. one Pharmacognocist nominated by the Central Government;
  7. one Phyto-chemist nominated by the Central Government;
  8. four persons nominated by the Central Government: two from among members of the Ayurvedic Pharmacopoeia Committee, one from the Unani Pharmacopoeia Committee and one from the Siddha Pharmacopoeia Committee;
  9. one teacher in Darvyaguna and Bhaishajya Kalpana, nominated by the Central Government;
  10. one teacher in ILM-UL-ADVIA and TAKLIS-WA-DAWASAZI, nominated by the Central Government;
  11. one teacher in Gunapadam, nominated by the Central Government;
  12. three persons, one each representing the Ayurvedic, Siddha and Unani drug industry, nominated by the Central Government; and
  13. three persons, one each from among practitioners of the Ayurvedic, Siddha and Unani Tibb systems of medicine, nominated by the Central Government.

(3) The Central Government appoints a member of the Board as Chairman.

(4) Nominated members hold office for three years and are eligible for renomination.

(5) With the previous approval of the Central Government, the Board may make bye-laws fixing its quorum and regulating its procedure and conduct of business.

(6) The functions of the Board may be exercised notwithstanding any vacancy in the Board.

(7) The Central Government appoints the Secretary of the Board and provides such clerical and other staff as it considers necessary.

Amendment note: The expression and specified membership provisions were amended by the Drugs and Cosmetics (Amendment) Act, 1982 (Act 68 of 1982), with the relevant substitutions taking effect from 1 February 1983.

Related definitions and provisions

Ayurvedic, Siddha or Unani drug - Section 3(a)

Section 3(a) covers medicines intended for internal or external use, or for diagnosis, treatment, mitigation or prevention of disease or disorder in humans or animals, when manufactured exclusively according to formulae described in the authoritative books of the Ayurvedic, Siddha and Unani Tibb systems specified in the First Schedule.

The Board - Section 3(aa)

For an Ayurvedic, Siddha or Unani drug, "the Board" means the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board constituted under section 33C.

Government Analyst - Section 33F

Section 33F concerns appointment of Government Analysts for Ayurvedic, Siddha and Unani drugs. Section 33C(2)(v) specifically provides for a Board member holding appointment as Government Analyst under section 33F.

Practical role of the Board

Section 33C is institutional rather than penal. It establishes the technical advisory mechanism supporting administration of Chapter IVA. The Board's advice can concern technical and regulatory matters relating to Ayurvedic, Siddha and Unani drugs, while the Act and the Drugs Rules, 1945 contain the substantive requirements governing manufacture, licensing, labelling, testing and enforcement.

Official legal resources

For the authoritative statutory text and regulatory material, consult the India Code copy of the Drugs and Cosmetics Act, 1940 and Rules, the CDSCO Drugs and Cosmetics Act page, the CDSCO Traditional Drugs page, and the Ministry of Ayush.