Altered Provisions: Jan Vishwas (Provisions Amendment) Act, 2023

In concordance with the Jan Vishwas Act amendment, alterations are made in Section 29, governing the penalty for the utilization of government analysts' reports for advertising.

The Health Master

April 2, 2024

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Last Updated on October 2, 2024 by The Health Master

Jan Vishwas

The revised clauses within the Jan Vishwas (Provisions Amendment) Act, 2023, sanctioned by the Central government in the precedent year, aim at abolishing severe penalties, notably imprisonment, from certain sections of the Drugs and Cosmetics Act, 1940.

These revised clauses are scheduled to be effective from December 31, 2024.

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Ministry Declaration

The ministry of health and family welfare (MoHFW) issued a proclamation on March 28, stating, “…the Central Government hereby designates the amendments delineated to the Drugs and Cosmetics Act, 1940 (23 of 1940) noted in column (5) of the Schedule to the aforementioned Act, corresponding to serial number 6 stipulated in column (1) of the said Schedule, to come into force on December 31, 2024.“

Amendments Overview

Pursuant to the Jan Vishwas (Provisions Amendment) Act, 2023, modifications have been introduced to the Drugs and Cosmetics Act, 1940, wherein certain provisions entailing imprisonment are replaced with penalty provisions.

An alteration has also been implemented on Section 32B, pertaining to the compounding of specific offenses, incorporating “clause (d) of Section 27 and clause (ii) of Section 27A,” into subsection (1).

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Compounding of Offenses

Consequently, certain offenses such as drug manufacturing in contravention of provisions, albeit not adulterated or spurious under Section 27, and any non-spurious cosmetic, but in violation of chapter provisions or other regulations, may be compounded by either the Central or state government.

Controversy and Government Response

While there exists criticism regarding the compounding of Section 27 (d), suggesting the possibility of an extrajudicial settlement between the complainant and the accused entity, potentially diminishing punitive measures, the government asserts that the amendments will not weaken punitive provisions.

Instead, compounding serves as a mechanism for litigation resolution.

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Regulatory Framework

The government is required to formulate regulations for the compounding of offenses under Section 32B of the Drugs and Cosmetics Act, 1940. During a Drugs Consultative Committee (DCC) assembly chaired by Drugs Controller General (India).

Dr. Rajeev Singh Raghuvanshi on September 26, 2023, it was conveyed that a draft for establishing regulations in accordance with the new amendments has been prepared and is presently under further scrutiny and evaluation.

Amendment Details

In concordance with the Jan Vishwas Act amendment, alterations are made in Section 29, governing the penalty for the utilization of government analysts’ reports for advertising.

The phrase “punishable with fine which may extend to five thousand rupees” is substituted with “liable to penalty which may extend to one lakh rupees.”

Section 30, addressing subsequent offenses by individuals previously convicted under Section 29, introduces a modified punishment replacing imprisonment extending up to two years or a fine not less than Rs. 10,000, or both, with a “fine not less than five lakh rupees.”

Legislative Process

The amendment Act underwent approval by the Upper House of the Parliament on August 2, 2023.

Initially introduced in the Lok Sabha on December 22, 2022, the Bill was subsequently referred to the Joint Committee of the Parliament, which presented its report in March 2023.

The Bill received Lok Sabha’s approval in June 2023.

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