Section 5 of the Drugs and Cosmetics Act, 1940 - Drugs Technical Advisory Board
Section 5 provides for the Drugs Technical Advisory Board (DTAB), the statutory technical advisory body constituted by the Central Government for matters arising from administration of the Drugs and Cosmetics Act, 1940.
Meaning and purpose of Section 5
Section 5 requires the Central Government to constitute the Drugs Technical Advisory Board. Its central statutory role is to advise the Central Government and State Governments on technical matters arising from administration of the Act and to perform other functions assigned to it under the Act.
For the purposes of the Act, the expression "the Board" in relation to drugs or cosmetics other than Ayurvedic, Siddha or Unani drugs refers to the Drugs Technical Advisory Board constituted under Section 5. Ayurvedic, Siddha and Unani drugs have a separate statutory board under Section 33C, and Section 7A excludes those drugs from Sections 5 and 7.
Section 5 - The Drugs Technical Advisory Board
(1) The Central Government shall, as soon as may be, constitute a Board (to be called the Drugs Technical Advisory Board) to advise the Central Government and the State Governments on technical matters arising out of the administration of this Act and to carry out the other functions assigned to it by this Act.
(2) The Board shall consist of the following members, namely:
- the Director General of Health Services, ex officio, who shall be Chairman;
- the Drugs Controller, India, ex officio;
- the Director of the Central Drugs Laboratory, Calcutta, ex officio;
- the Director of the Central Research Institute, Kasauli, ex officio;
- the Director of Indian Veterinary Research Institute, Izatnagar, ex officio;
- the President of Medical Council of India, ex officio;
- the President of the Pharmacy Council of India, ex officio;
- the Director of Central Drug Research Institute, Lucknow, ex officio;
- two persons to be nominated by the Central Government from among persons who are in charge of drugs control in the States;
- one person, to be elected by the Executive Committee of the Pharmacy Council of India, from among teachers in pharmacy or pharmaceutical chemistry or pharmacognosy on the staff of an Indian university or a college affiliated thereto;
- one person, to be elected by the Executive Committee of the Medical Council of India, from among teachers in medicine or therapeutics on the staff of an Indian university or a college affiliated thereto;
- one person to be nominated by the Central Government from the pharmaceutical industry;
- one pharmacologist to be elected by the Governing Body of the Indian Council of Medical Research;
- one person to be elected by the Central Council of the Indian Medical Association;
- one person to be elected by the Council of the Indian Pharmaceutical Association; and
- two persons holding the appointment of Government Analyst under this Act, to be nominated by the Central Government.
(3) The nominated and elected members of the Board shall hold office for three years, but shall be eligible for re-nomination and re-election.
Proviso: A person nominated or elected under clause (ix), (x), (xi) or (xvi) of sub-section (2) holds office only so long as that person holds the appointment or office by virtue of which the nomination or election was made.
(4) Subject to previous approval of the Central Government, the Board may make bye-laws fixing a quorum and regulating its procedure and the conduct of its business.
(5) The Board may constitute sub-committees and may appoint non-members to such sub-committees for periods not exceeding three years, or temporarily for consideration of particular matters.
(6) The functions of the Board may be exercised notwithstanding any vacancy in the Board.
(7) The Central Government shall appoint a Secretary of the Board and provide such clerical and other staff as it considers necessary.
Editorial note: The statutory wording above follows the consolidated official India Code text. Institutional names appearing in the enacted text are reproduced as stated in that official text.
Section 5 explained
1. Statutory technical advisory body
DTAB is created by the Act itself. Its advisory jurisdiction concerns technical questions arising from administration of the Drugs and Cosmetics Act and other functions specifically assigned to it by the legislation.
2. Mixed composition
The provision combines ex officio members with nominated and elected members. This structure brings together public health administration, drug regulation, laboratories, veterinary science, pharmacy, medicine, pharmaceutical industry, pharmacology, professional bodies and Government Analysts.
3. Tenure and continuity
Nominated and elected members ordinarily hold office for three years and may be nominated or elected again. For specified categories, tenure is linked to the underlying office or appointment. A vacancy does not prevent the Board from exercising its statutory functions.
4. Procedure and sub-committees
The Board may regulate quorum and procedure through bye-laws with prior Central Government approval. It may also create sub-committees and include persons who are not Board members where specialist consideration is required.
5. Administrative support
The Central Government appoints the Secretary and provides the clerical and other staff considered necessary for the Board.
Related provisions
Section 3 contains definitions relevant to the Act, including the meaning of "the Board". Section 6 deals with the Central Drugs Laboratory. Section 7 provides for the Drugs Consultative Committee. Section 7A states that Sections 5 and 7 do not apply to Ayurvedic, Siddha or Unani drugs.
Official resources
For authoritative verification and current regulatory material, refer to the Drugs and Cosmetics Act, 1940 on India Code, the CDSCO Acts and Rules page, and the CDSCO DTAB meeting records.
Reviewed against official India Code and CDSCO sources: 25 September 2026.