Section 33EEB of the Drugs and Cosmetics Act, 1940 - Regulation of Manufacture for Sale of Ayurvedic, Siddha and Unani Drugs
Section 33EEB is part of Chapter IVA of the Drugs and Cosmetics Act, 1940. It regulates the manufacture for sale or distribution of Ayurvedic, Siddha and Unani drugs by requiring compliance with the standards prescribed for the drug.
Text and meaning of Section 33EEB
No person shall manufacture for sale or for distribution any Ayurvedic, Siddha and Unani drug except in accordance with such standards, if any, as may be prescribed in relation to that drug.
In practical terms, Section 33EEB makes prescribed quality standards a statutory condition for manufacture of Ayurvedic, Siddha and Unani drugs intended for sale or distribution. The section should be read with the other provisions of Chapter IVA and the applicable provisions of the Drugs Rules, 1945.
What is an Ayurvedic, Siddha or Unani drug?
Section 3(a) of the Act defines an Ayurvedic, Siddha or Unani drug to include medicines intended for internal or external use for, or in the diagnosis, treatment, mitigation or prevention of, disease or disorder in human beings or animals and manufactured exclusively in accordance with formulae described in the authoritative books of the Ayurvedic, Siddha and Unani systems specified in the First Schedule.
How Section 33EEB operates
- The provision applies where an Ayurvedic, Siddha or Unani drug is manufactured for sale or distribution.
- The manufacturer must comply with standards prescribed in relation to the drug.
- Section 33EEC separately regulates prohibited manufacture and sale and requires manufacture for sale or distribution to be under, and in accordance with, a licence issued by the prescribed authority, subject to statutory exceptions.
- The Drugs Rules, 1945 contain the detailed regulatory framework for manufacture for sale of Ayurvedic, Siddha and Unani drugs.
Manufacturing licence and regulatory framework
Part XVI of the Drugs Rules, 1945 deals with manufacture for sale of Ayurvedic, Siddha or Unani drugs. Rule 151 addresses manufacture on more than one set of premises, Rule 152 concerns licensing authorities, and Rule 153 deals with applications for manufacturing licences. The applicable licence, product and procedural requirements should be checked against the current Rules and notifications before manufacture or marketing.
Good Manufacturing Practices under Schedule T
Schedule T to the Drugs Rules, 1945 prescribes Good Manufacturing Practices for Ayurvedic, Siddha and Unani medicines. Its objectives include authenticity and prescribed quality of raw materials, maintenance of prescribed manufacturing processes, adequate quality control and release of manufactured drugs of acceptable quality.
| Provision | Subject | Relevance to Section 33EEB |
|---|---|---|
| Section 3(a) | Definition of Ayurvedic, Siddha or Unani drug | Identifies the category of drugs to which the provision applies. |
| Section 33EEB | Manufacturing standards | Requires manufacture for sale or distribution to comply with prescribed standards. |
| Section 33EEC | Prohibition of manufacture and sale of certain drugs | Includes licensing and prohibitory requirements for manufacture, sale and distribution. |
| Part XVI, Drugs Rules, 1945 | Manufacture for sale | Contains detailed licensing provisions for Ayurvedic, Siddha and Unani drugs. |
| Schedule T, Drugs Rules, 1945 | Good Manufacturing Practices | Sets GMP requirements for Ayurvedic, Siddha and Unani medicines. |
Relationship with Sections 33E, 33EE and 33EEA
Section 33E deals with misbranded Ayurvedic, Siddha or Unani drugs, Section 33EE defines adulterated drugs, and Section 33EEA defines spurious drugs. These provisions operate alongside the manufacturing-standard requirement in Section 33EEB. Section 33EEC then prohibits specified manufacture and sale, including manufacture or sale in contravention of Chapter IVA or the rules made under it.
Official legal and regulatory resources
For the current statutory text and regulatory material, consult India Code, the Central Drugs Standard Control Organization and the Ministry of Ayush. The official sources should be checked for later amendments, rules and notifications before relying on a compliance requirement.