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.
4
[(2) The Board shall consist of the following members, namely:—
(i) the Director General of Health Services, ex officio, who shall be the Chairman;
(ii) the Drugs Controller, India, ex officio;
(iii) the Director of the Central Drugs Laboratory, Calcutta, ex officio;
(iv) the Director of the Central Research Institute, Kasauli, ex officio;
(v) the Director of the Indian Veterinary Research Institute, Izatnagar, ex officio;
(vi) the President of the Medical Council of India, ex officio;
(vii) the President of the Pharmacy Council of India, ex officio;
(viii) the Director of the Central Drug Research Institute, Lucknow, ex officio;
(ix) two persons to be nominated by the Central Government from among persons
who are in charge of drugs control in the States;
(x) 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;
(xi) 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;
(xii) one person to be nominated by the Central Government from the pharmaceutical
industry;
(xiii) one pharmacologist to be elected by the Governing Body of the Indian Council of Medical
Research;
1. Cl. (f) omitted by Act 3 of 1951, s. 3 and Sch.
2. Ins. by Act 19 of 1972, s. 4.
3. Ins. Act 13 of 1964, s. 3 (w.e.f. 15-9-1964).
4. Subs. by s. 4, ibid., for sub-section (2) (w.e.f. 15-9-1964).
8
(xiv) one person to be elected by the Central Council of the Indian Medical
Association;
(xv) one person to be elected by the Council of the Indian Pharmaceutical
Association;
(xvi) 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 :
1
[Provided that the person nominated or elected, as the case may be, under clause (ix) or
clause (x) or clause (xi) or clause (xvi) of sub-section (2) shall hold office for so long as he holds
the appointment of the office by virtue of which he was nominated or elected to the Board.]
(4) The Board may, subject to the previous approval of the Central Government, make bye -
laws fixing a quorum and regulating its own procedure and the conduct of all business to be
transacted by it.
(5) The Board may constitute sub-committees and may appoint to such sub-committees for
such periods, not exceeding three years, as it may decide , or temporarily for the consideration
of particular matters, persons who are not members of the Board.
(6) The functions of the Board may be exercised notwithstanding any vacancy therein.
(7) The Central Government shall appoint a person to be Secretary of the Board and shall
provide the Board with such clerical and other staff as the Central Government considers
necessary.
6. The Central Drugs Laboratory.—(1) The Central Government shall, as soon as may
be, establish a Central Drugs Laboratory under the control of a Director to be appointed by
the Central Government, to carry out the functions entrusted to it by this Act or any rules
made under this Chapter :
Provided that, if the Central Government so prescribes, the functions of th e Central Drugs
Laboratory in respect of any drug or class of drugs 2
[or cosmetic or class of cosmetics] shall be
carried out at the Central Research Institute, Kasauli, or at any other prescribed Laboratory and
the functions of the Director of the Central Drugs Laboratory in respect of such drug or class of
drugs 2
[or such cosmetic or class of cosmetics] shall be exercised by the Director of that
Institute or of that other Laboratory, as the case may be.
(2) The Central Government may, after consultation with the Board, make rules
prescribing—
(a) the functions of the Central Drugs Laboratory;
3
* * * * *
(d) the procedure for the submission to the said Laboratory 4
[under Chapter IV or
Chapter IVA] of samples of drugs 2
[or cosmetics] for analysis or test, the forms of the
Laboratory’s reports thereon and the fees payable in respect of such reports;
(e) such other matters as may be necessary or expedient to enable the said Laboratory to carry
out its functions;
(f) the matters necessary to be prescribed for the purposes of the proviso to
sub-section (1).
1. Subs. by Act 13 of 1964, s. 4, for the proviso (w.e.f. 15-9-1964).
2. Ins. by Act 21 of 1962, s. 5 (w.e.f. 27-7-1964).
3. Cls. (b) and (c) omitted by Act 11 of 1955, s. 4.
4. Subs. by Act 13 of 1964, s. 5, for “under Chapter IV” (w.e.f. 15-9-1964).
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7. The Drugs Consultative Committee.—(1) The Central Government may constitute an
advisory committee to be called “the Drugs Consultative Committee” to advise the Central
Government, the State Governments and the Drugs Technical Advisory Board on any matter
tending to secure uniformity throughout 1
[India] in the administration of this Act.
(2) The Drugs Consultative Committee shall consist of two representatives of the Central
Government to be nominated by that Government and one representative of each State
Government to be nominated by the State Government concerned.
(3) The Drugs Consultative Committee shall meet when required to do so by the Central Government
and shall have power to regulate its own procedure.
2
[7A. Sections 5 and 7 not to apply to Ayurvedic, Siddha or Unani drugs.—Nothing contained
in sections 5 and 7 shall apply to 3
[Ayurvedic, Siddha or Unani] drugs.]