Section 3A of the Drugs and Cosmetics Act, 1940 - Construction of References in Jammu and Kashmir
Section 3A is an interpretive provision dealing with references in the Drugs and Cosmetics Act, 1940 to a law or functionary that was not in force or did not exist in the former State of Jammu and Kashmir. The provision directs such a reference to be read as referring to the corresponding law or functionary applicable there.
Text and meaning of Section 3A
In substance, where the Act refers to a law that was not in force, or to a functionary that did not exist, in Jammu and Kashmir, the reference is to be construed as a reference to the corresponding law in force or the corresponding functionary in existence there.
The object of Section 3A is therefore one of statutory construction. It prevents a reference elsewhere in the Act from becoming ineffective merely because the named law or office did not have the same legal form or designation in Jammu and Kashmir.
Legislative history
Section 3A was inserted by the Drugs and Cosmetics (Amendment) Act, 1972 (Act 19 of 1972), section 4. The provision formed part of the legislative changes associated with the application of the Drugs and Cosmetics Act to Jammu and Kashmir.
Jammu and Kashmir and Ladakh after the 2019 reorganisation
The statutory text published on India Code continues to show Section 3A. The official text also carries a footnote referring to Notification No. S.O. 3912(E), dated 30 October 2019, concerning application of the Act to the Union territory of Jammu and Kashmir and the Union territory of Ladakh. Accordingly, the historical expression "State of Jammu and Kashmir" in Section 3A should be read with the subsequent constitutional and territorial changes in mind.
Relationship with nearby provisions
Section 3 contains the principal definitions used throughout the Act. Section 3A follows those definitions and supplies a special rule of interpretation for the Jammu and Kashmir context. Section 4 then deals with the statutory presumption relating to substances specified as poisonous.
Official legal sources
For the current central text, amendments and official statutory material, refer to India Code - Drugs and Cosmetics Act, 1940. Regulatory material concerning drugs and cosmetics is also published by the Central Drugs Standard Control Organisation (CDSCO).
Key point
Section 3A ensures continuity of meaning when the Drugs and Cosmetics Act refers to a law or public functionary for which Jammu and Kashmir had a corresponding local law or authority. When applying the provision today, the statutory text should be considered together with the post-2019 legal framework applicable to the Union territories of Jammu and Kashmir and Ladakh.