Chapter 8 Part 2 D and C Act Continued..

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CHAPTER - 8 PART 2

D and C Act 1940


Various administrative bodies constituted / appointed
under the Act:
For the purpose of efficient implementation and administration of the D
and C Act, the following agencies have to be constituted by the Central
Government / State Governments.

I. Advisory Bodies:
1. Drugs technical advisory board (DTAB)
2. Drugs consultative committee(DCC)

II. Analytical Bodies:


3. Central Drugs laboratory (CDL)
4. State Drugs testing laboratories
5. Government analyst

III. Executive Bodies:


6. Central Drugs control Department Licensing Authorities
7. State Drugs control Department
8. Drugs Inspector

I. ADVISORY BODIES:
Drugs Technical Advisory Board
Constitution and Functions of Drugs Technical Advisory Board
(DTAB)

Constitution: it is constituted by the Central Government under section 5

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of D and C act 1940 for a term of 3 years each time; It is constituted with
the following elected, Nominated and Ex- officio members.

A. Elected Members:
1) One person to be elected by P.C.I from amongst the teachers in
pharmacy or pharmaceutical chemistry or pharmacognosy of an
recognized pharmacy college or university
2) One person to be elected by M.C.I from amongst the teachers in
medicine of a recognized medical college or university.
3) One pharmalogist to be elected by the governing body of Indian
council of Medical Research (ICMR).
4) One person to be elected by Indian Pharmaceutical Association
(IPA).
5) One person to be elected by Indian medical association from
amongst its members (IMA).
B. Nominated Members: (by Central Government)
6) Two persons to be nominated from amongst the Drugs controllers of all
the States.
7) One person to be nominated from the pharmaceutical industry.
8) Two Government analysts to be nominated from amongst Government
analysts of Central Drugs laboratory and State Drugs testing laboratories.
Ex- Officio Members:
9) The director general of the health services (Central health Department)
who shall be the chairman of the board.
10) The Drugs controller general of India of Central Drugs control
Department
11) Director of the Central Drugs Laboratory (CDL) Kolkata
12) Director of the Central Research institute, Kasouli
13) Director of the Central Drugs Research Institute, Lucknow

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14) Director of the Indian veterinary Research Institute, Izatnagar
15) President of the pharmacy council of India (PCI)
16) President of the Medical council of India (MCI)

Members hold the office for a period of 3 years, they are eligible for re-
nomination and reelection, any member can resign during the term from
his membership. Any vacancies of members created due to resignation or
death can be filled up only for the remaining period. the members can
constitute an executive committee and subcommittees for varies
purposes. The Board can appoint a registrar or secretary and sufficient no
of officials for day to day functioning of the Board and fix their salaries.

Functions:
1) To advise Central/ State Governments on various technical matters
arising out the administration of D and C act:
2) To advise / suggest about any amendments to Drugs and
Cosmetics.
3) To carry out any other functions entrusted to it by the Central
Government related to D and C act.

Drugs Consultative committee: (D.C.C)


The Drugs consultative committee is constituted by the Central
Government under section 7 of the D and C act . it is constituted with the
following members :
1) Two representatives of the Central Government to be nominated by
the Central Government.
2) One representative of the State Government to be nominated by the
concerned State Governments

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Functions of the Drugs Consultative Committee:-
1) To advise /suggest the Central Government and the State
Governments and also D.T.A.B, about ensuring uniformity in enforcement
of the Drugs and Cosmetics act entrusted and its rules.
2) To carry out any other functions entrusted to the act by the Central
Government which are related the Drugs and Cosmetics.

II. ANALYTICAL BODIES:


1) Central Drugs laboratory (C.D.L): it is established by the Central
Government under section 7 of D and C act 1940. It is established in
Kolkata and consists of a Director and sufficient no of officers for the
laboratory.

Functions of the CDL:-


a) To carry out analysis of samples of Drugs and Cosmetics sent to it
by the customs officers.
b) To carry out analysis and assay of samples of Drugs sent to it by
the courts.
c) To carry out any other functions entrusted to it by the Central
Government.
The samples of vaccines sera and others biological prepns are analyzed
at Central research institute, Kasauli on behalf of C.D.L
The samples of polio vaccines are analyzed at polio vaccine testing
laboratory of Central research institute on behalf of C.D.L
The samples of Veterinary Drugs are analyzed at Indian Veterinary
research Institute, Izatnagar on behalf of C.D.L.
The samples of mechanical contraceptives are analyzed at the Central

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Indian pharmacopeia laboratory, Ghaziabad on behalf of C.D.L
The samples for Human Blood and plasma etc. are analyzed at the
National Institute of Virology – Pune
The samples for analysis should be sent in sealed packing by Registered
post to the concerned Directors of the laboratories. officers in charge of
the lab shall receive the samples, check for the sealed packings and carry
out the analysis and assay of the samples as per the protocol, and submit
the report to the director, who after checking the report, puts his signature
alsoand send the report confidentially by Registered Post to the person
who has sent the sample for analysis. Such a report is considered as
official and authentic by the court of law as per the act.

2) State Drugs Testing Laboratories:

Each and every State Government shall establish the State Drugs testing
laboratories or Government Drugs testing laboratories with a Director or a
superintendent and sufficient no of Government analysts to the laboratory.
Private Drugs testing laboratories are also permitted to be established
under the act. The main function of the State Drugs testing laboratory is
to carry out the analysis and assay of samples of Drugs and Cosmetics
sentto it by the Drugs Inspectors and submit its report to the Inspectors. It
can also carry out the analysis of Drugs sent to it by any individuals or
manufacturing units on payment of the prescribed fee and submit its report
to the concerned persons. such analysis and assay of the samples of
Drugs and Cosmetics received by the laboratory is carried out by the
Government Analysts of the laboratory.

3) Government Analysts:

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A Government analyst is appointed by the Central Government or State
Government under section 20 of the D and C act, for the purpose of
analyzing the samples of Allopathic Drugs and cosmists and under section
33-F for analyzing and testing the samples of Ayurvedic, Unani and siddha
system of medicines. A Government analyst appointed should not have
any financial interest or business of his own in Import, manufacturing and
sale of Drugs and Cosmetics or other types of private business. A
Government Analyst is a ‘Public Servant’ Under Section 21 of the Indian
Penal Code (IPC) and all terms and conditions prescribed for a ‘Public
Servant’ shall also apply to Government Analyst.

I. Qualifications prescribed for the appointment of a


Government analyst:
Following are the Qualifications prescribed for the Appointment as
Government Analyst:-

1) A Graduate / Degree in pharmacy or Medicine or Science of a


recognized college / University with at least 5 years of post graduate
experience in analyzing and testing the samples of Drugs and Cosmetics
under a Government analyst or under the Head of in approved Drugs
testing laboratory.
OR

2) A Post Graduate Degree in Pharmacy or Medicine or Science of a


recogsnised college / University with at least 3 years of post graduate
experience in analysing and testing the samples of Drugs and Cosmetics
under a Government analyst or under the head of an approved Drugs
testing laboratory
OR

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3) An associate ship Diploma of the Institution of chemists (India) with
“Analysis of Drugs and Pharmaceuticals” as one of the subjects studied
with not less than 3 years of experience in the analysis and assay of Drugs
and Cosmetics under a Government analyst or under the Head of an
approved Drugs testing lab.

OR
4) For the purpose of analyzing and testing the samples of veterinary
Drugs, a person should have any one of the above mentioned Educational
Qualifications with not less than 3 years to5 years of experience
respectively in analysing and testing the samples of veterinary Drugs.
OR
5) For the purpose of analyzing and testing the samples of biological
and special prepns like vaccines, sera etc. mentioned under schedule C
and C1, of D and C Act, a Person with any one of the above Educational
Qualifications with not less than 3 Yrs to 5 yrs respectively of experience
in testing and analyzing such samples under a Government analyst or
under the head of an approved Drugs testing laboratory.

II. Duties of a Government analyst:


Following are the duties of a Government Analyst
1) To analyze and test the samples of Drugs and Cosmetics received
by him form Drugs Inspector or other persons and forward the report to
the concerned persons who have sent the samples to him.
2) To carry out any Research work and publish the articles of Research
after obtaining permission from the Director or the Head of the Drugs
testing laboratory.
3) To carry out any other duties entrusted to him by his superior officers
related to testing and analyzing, different types of Drugs and Cosmetics.

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