Section 33H of the Drugs and Cosmetics Act, 1940: Application of Sections 22, 23, 24 and 25

Section 33H extends the inspection, sampling, disclosure and Government Analyst report framework contained in Sections 22, 23, 24 and 25 to the Ayurvedic, Siddha and Unani drug regime under Chapter IVA of the Drugs and Cosmetics Act, 1940.

ProvisionSection 33H, Drugs and Cosmetics Act, 1940

ChapterChapter IVA - Ayurvedic, Siddha and Unani drugs

Connected sectionsSections 22, 23, 24 and 25

Core effectApplies those provisions, so far as may be, with the statutory modification for Ayurvedic, Siddha or Unani drugs.

Text and meaning of Section 33H

Section 33H provides that Sections 22, 23, 24 and 25, together with the rules made under them, apply, so far as may be, to an Inspector and a Government Analyst appointed under Chapter IVA in the same manner as they apply to an Inspector and Government Analyst under Chapter IV. For this purpose, references to a "drug" in those provisions are to be read as references to an Ayurvedic, Siddha or Unani drug.

The provision therefore avoids repeating the detailed enforcement and evidentiary machinery already contained in Chapter IV. Instead, it incorporates that machinery into Chapter IVA with the modification necessary for the traditional drug category regulated by that Chapter.

What is an Ayurvedic, Siddha or Unani drug?

Section 3(a) of the Act defines an Ayurvedic, Siddha or Unani drug, in substance, as a medicine intended for internal or external use, or for diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, manufactured exclusively according to formulae described in the authoritative books of the Ayurvedic, Siddha and Unani Tibb systems specified in the First Schedule.

How Sections 22, 23, 24 and 25 operate through Section 33H

Section 22 - Powers of Inspectors

Section 22 sets out statutory powers of Inspectors, including powers connected with inspection, taking samples, search, examination of records and seizure in circumstances permitted by the Act. Through Section 33H, the applicable inspection powers are carried into Chapter IVA for Ayurvedic, Siddha and Unani drugs, subject to the words and context of that Chapter.

Section 23 - Procedure of Inspectors

Section 23 prescribes procedure when an Inspector takes a sample for test or analysis, including notice, division and sealing of samples, delivery of portions and submission to the Government Analyst. Section 33H makes this procedural framework applicable, so far as may be, to samples dealt with under Chapter IVA.

Section 24 - Disclosure of manufacturing or storage place

Section 24 requires the person in charge of premises where a drug is manufactured or kept for sale or distribution, when required by an Inspector, to disclose the place where it is manufactured or kept. Under Section 33H, the reference to a drug is read for Chapter IVA as a reference to an Ayurvedic, Siddha or Unani drug.

Section 25 - Reports of Government Analysts

Section 25 governs reports issued by Government Analysts after test or analysis, their delivery and their evidentiary effect, including the statutory procedure for controverting a report and, where applicable, testing by the Central Drugs Laboratory. Section 33H applies that framework to Government Analysts and relevant samples under Chapter IVA, so far as the provision can operate in that context.

Meaning of "so far as may be": Section 33H applies the incorporated provisions to the extent that they are capable of operating in the Chapter IVA context. The express statutory modification is that references to a "drug" in the incorporated provisions are read as references to an Ayurvedic, Siddha or Unani drug.

Inspectors and Government Analysts under Chapter IVA

Section 33F deals with Government Analysts for Ayurvedic, Siddha or Unani drugs, while Section 33G deals with Inspectors for those drugs. Section 33H connects those officers with the operational provisions in Sections 22 to 25. Read together, these provisions establish the statutory route for inspection, sampling, analysis and use of analyst reports in enforcement under Chapter IVA.

Legislative note

The expression concerning Ayurvedic, Siddha or Unani drugs in Section 33H reflects the substitution made by the Drugs and Cosmetics (Amendment) Act, 1982 (Act 68 of 1982), with effect from 1 February 1983.

Official reference

For the authoritative statutory text and regulatory material, refer to the CDSCO Acts and Rules page and the CDSCO Traditional Drugs page.

This page is a general statutory reference. For a particular regulatory or prosecution issue, the current Act, applicable rules, notifications and case-specific facts should be examined.