REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 58] NEW DELHI, WEDNESDAY, DECEMBER 3,1969/AGRAHAYANA 12, 1891
Separate paging is given to this Part in order that it may be filed
as a separate compilation
The following Bill was introduced in the Rajya Sabha on the 3rd December 1969: —
BILL NO. XXIX OF 1969
A Bill further to amend the Drugs and Cosmetics Act, 1940.
BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows: —
1. This Act may be called the Drugs and Cosmetics (Amendment) Act, 1969.
2. In the Drugs and Cosmetics Act, 1940 (hereinafter referred to as the 23 of 1940.
Short title.
principal Act), in section 1,—
(i) in sub-section (2), the words "except the State of Jammu and Kashmir" shall be omitted;
Amend- ment at sec- tion 1.
(ii) to sub-section (3), the following proviso shall be added, namely —
"Provided that in relation to the State of Jammu and Kashmir, Chapter III shall take effect only from such date after the com- mencement of the Drugs and Cosmetics (Amendment) Act, 1969, as the Central Government may, by notification in the Official Gazette, appoint in this behalf.".
. In section 3 of the principal Act, clause (d) shall be omitted. Amend-
ment of sec- tion 3.
(1037)
1038 THE GAZETTE OF INDIA EXTRAORDINARY [PART It4. After section 3 of the principal Act, the following section shall be in- serted, rianu^y: —
Inser- tion of new sec- tion 3A.
"3A. Any reference in this Act to any law which is not in force, or any functionary not in existence, in the State of Jammu and Kashmir, shall, in relation to that State, be construed as a reference to the corresponding law in force, or to the corresponding functionary in existence, in that State.".
Construc- tion of referen- ces to any law not in force or any func- tionary not in exist- ence in the State of Jammu and Kashmir.
Jammu and Kashmir Repeal and saving.
Act 20 5. (1) On and from the date on which any of the provisions of the principal Act take effect in the State of Jammu and Kashmir, the corres- ponding provisions, if any, contained in the Jammu and Kashmir Drugs Act, 2000, shall stand repealed.
of 2000 (1940 AD).
(2) The repeal of any provisions contained in the Jammu and Kashmir
Drugs Act, 2000, under sub-section (1), shall not affect—
(a) the previous operation of the provisions so repealed or any-
thing duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued
or incurred under the provisions so repealed;
(c) any penalty, forfeiture or punishment incurred in respect ot
any offence committed against the provisions so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the said provisions had not been repealed:
Provided that anything done or any action taken (including any ap- pointment made, notification issued or rule made) under the provisions so repealed shall be deemed to have been done or taken under the cor- responding provisions of the principal Act as amended by this Act and now extended to the State of Jammu and Kashmir and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the principal Act as amended by this Act.
Sue. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1039STATEMENT OF OBJECTS AND REASONS
The Drugs and Cosmetics Act, 1940, at present, does not extend to the State of Jammu and Kashmir. The subject-matter of that Act falls also under entry 19 of the Concurrent List which has been made applicable to that State only in 1967 by the Constitution (Application to Jammu and Kashmir) Second Amendment Order, 1967. It is now proposed to extend the Drugs and Cosmetics Act, 1940, to the State of Jammu and Kashmir, so as to ensure uniformity in the matter of enforcement of standards of drugs and cosmetics manufactured in the country.
2. The Bill seeks to achieve the above object.
NEW DELHI;
The 2ith September, 1969. K. K, SHAH.
1040 THE GAZETTE C 7 INDIA EXTRAORDINARY [PAHT II—SEC. 2FINANCIAL MEMORANDUM
According to the Drugs and Cosmeticc Act, 1940, the State Govern- ments enforce the control measures relating to manufacture, distribution and sale of drugs and cosmetics and the Central Government regualtes the importation of drugs and cosmetics. For enforcing the provisions relating to importation of drugs and cosmetics under Chapter III of the said Act, there is already an existing organization. By the extension of the Act to the State of Jammu and Kashmir by clause 2 (i) of the Bill, no additional appreciable expenditure is likely to be involved since the exist- ing organization itself could be utilised in relation to the State of Jammu and Kashmir also. However, some expenditure towards miscellaneous items like travelling allowance, etc., may have to be incurred. The ex- penditure on this account is not likely to exceed rupees one thousand per annum. There will be no non-recurring expenditure.
B. N. BANERJEE,