Section 33O of Drugs and Cosmetics Act 1940 - Power to Amend First Schedule
Section 33O of the Drugs and Cosmetics Act, 1940 authorises the Central Government to add to or otherwise amend the First Schedule for the purposes of Chapter IVA, subject to consultation with the statutory Board and the prescribed prior Gazette-notice procedure.
Text of Section 33O
The Central Government, after consultation with the Board and after giving, by notification in the Official Gazette, not less than three months' notice of its intention so to do, may, by a like notification, add to or otherwise amend the First Schedule for the purposes of this Chapter and thereupon the said Schedule shall be deemed to be amended accordingly.
Meaning and Scope of Section 33O
Section 33O creates a statutory mechanism for updating the First Schedule without requiring the text of the Schedule to remain permanently fixed in the form originally enacted. The power is vested in the Central Government, but the section expressly makes consultation and prior public notice part of the amendment process.
- The power is exercisable by the Central Government.
- The Central Government must consult the Board before amending the First Schedule.
- A notification in the Official Gazette must give not less than three months' notice of the intention to amend the Schedule.
- The actual addition or amendment is then made by a further notification.
- After the notification takes effect, the First Schedule is deemed to stand amended accordingly for the purposes of the Chapter.
What is the Board?
For Chapter IVA, the relevant statutory body is the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board constituted under Section 33C of the Act. Section 33O therefore links amendment of the First Schedule with expert statutory consultation before the Central Government exercises its notification power.
What is the First Schedule?
The First Schedule forms part of the Drugs and Cosmetics Act, 1940 and is particularly relevant to the statutory framework governing Ayurvedic, Siddha and Unani drugs under Chapter IVA. Section 33O permits the Central Government to add to or otherwise amend that Schedule for the purposes of the Chapter by following the procedure stated in the section.
Why the Three-Month Gazette Notice Matters
The section does not confer an unrestricted power to alter the First Schedule immediately. It expressly requires publication in the Official Gazette of at least three months' notice of the Government's intention to make the change. The amendment itself is made by a like notification after the statutory process is followed.
Related Provisions
Section 33O appears at the end of the principal rule-making and regulatory provisions in Chapter IVA. Readers may also refer to Section 33C on the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board, Section 33N on the Central Government's rule-making power, and Section 33P on the power to give directions.
Official Legal Resources
India Code - Drugs and Cosmetics Act, 1940 CDSCO - Acts and Rules