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The Drugs and Cosmetics Act 1940 Easily Explained

The Drugs and Cosmetics Act, 1940 is an Act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India.The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards.The related Drugs and Cosmetics Rules, 1945 contains provisions for classification of drugs under given schedules and there are guidelines for the storage, sale, display and prescription of each schedule.

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It is important to understand the difference between a policy and a law.

A policy outlines what a government ministry hopes to achieve and the methods and principles it will use to achieve them. It states the goals of the ministry. A policy document is not a law but it will often identify new laws needed to achieve its goals.
Laws set out standards, procedures and principles that must be followed. If a law is not followed, those responsible for breaking them can be prosecuted in court.
So, policy sets out the goals and planned activities of a ministry and department but it may be necessary to pass a law to enable government to put in place the necessary institutional and legal frameworks to achieve their aims. Laws must be guided by current government policy.

An Act of Parliament creates a new law or changes an existing law. An Act is a Bill that has been approved by both the House of Commons and the House of Lords and been given Royal Assent by the Monarch.The Government are responsible for bringing new laws into force, once they has been passed by Parliament.
An Act may come into force immediately, on a specific future date, or in stages. You can find out when an Act is due to come into force by looking at a section of the Act itself, headed ‘Commencement’ – this is among the very last sections of an Act.
Sometimes a specific date is not given and the timing is left to the discretion of the Secretary of State for the relevant government department.

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