Section 33L of Drugs and Cosmetics Act 1940: Application to Government Departments

Section 33L makes the regulatory provisions of Chapter IVA applicable to Government departments that manufacture for sale, sell or distribute Ayurvedic, Siddha or Unani drugs, subject to the express exception for Section 33K on confiscation.

Text of Section 33L

33L. Application of provisions to Government departments.

The provisions of this Chapter except those contained in section 33K shall apply in relation to the manufacture for sale, sale or distribution of any Ayurvedic, Siddha or Unani drug by any department of Government as they apply in relation to the manufacture for sale, sale or distribution of such drug by any other person.

The statutory wording is reproduced from the official text of the Drugs and Cosmetics Act, 1940 published by the Government of India. The expression concerning Ayurvedic, Siddha or Unani drugs reflects the substitution made by Act 68 of 1982 with effect from 1 February 1983.

Meaning and Scope of Section 33L

Section 33L is an equality-of-application provision within Chapter IVA of the Drugs and Cosmetics Act, 1940. Its purpose is to make the requirements of that Chapter applicable when a Government department itself engages in the manufacture for sale, sale or distribution of an Ayurvedic, Siddha or Unani drug. The Government department is therefore not outside the regulatory framework merely because the activity is carried on by Government.

The section contains one express statutory exception: Section 33K, which deals with confiscation, is excluded from the operation of Section 33L.

What is an Ayurvedic, Siddha or Unani Drug?

For this Chapter, the relevant statutory definition is found in Section 3(a) of the Drugs and Cosmetics Act, 1940. In substance, it covers medicines intended for internal or external use, or for diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, when manufactured exclusively in accordance with formulae described in the authoritative books of the Ayurvedic, Siddha and Unani Tibb systems specified in the First Schedule.

Key Legal Effect

Government activity is covered: Chapter IVA applies where a Government department manufactures for sale, sells or distributes an Ayurvedic, Siddha or Unani drug.
Same statutory framework: The relevant provisions apply to such Government activity in the same manner as they apply to manufacture for sale, sale or distribution by another person.
Section 33K is excluded: The confiscation provision in Section 33K is expressly carved out by Section 33L.
Chapter IVA context matters: The provision should be read with the surrounding provisions governing standards, prohibited manufacture and sale, analysts, inspectors, penalties, records, prosecution and rule-making for Ayurvedic, Siddha and Unani drugs.

Related Provisions

Section 33K provides for confiscation following conviction under Chapter IVA and is the provision specifically excluded by Section 33L. Section 33M deals with institution and trial of prosecutions under the Chapter, while Section 33N empowers the Central Government to make rules for giving effect to Chapter IVA.

Legal note: This page explains the statutory provision for general information. For compliance, enforcement or litigation, the current Act, applicable rules, notifications and orders should be checked together with the facts of the matter.

Official Sources

For the authoritative statutory text and current regulatory material, see the India Code text of the Drugs and Cosmetics Act, 1940, the CDSCO Acts and Rules page, and the Ministry of Ayush statutory compilation.