Section 20 of The Drugs and Cosmetics Act, 1940
1[20. Government Analysts.--(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such areas in the State and in respect of such drugs or 2[classes of drugs or such cosmetics or classes of cosmetics] as may be specified in the notification.
- (2)The Central Government may also, by notification in the Official Gaz ette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts in respect of such drugs or 2[classes of drugs or such cosmetics or classes of cosmetics] as may be specified in the notification.
- (3)Notwithstanding anything contained in sub-section (1) or sub-section (2), neither the Central Government nor a State Government shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government und er which he is serving. 3[(4) No person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be a Government Analyst under sub-section (1) or sub-section (2) of this section.]]
Summary
- The State Government can appoint qualified persons to be Government Analysts for specific areas and specific drugs or cosmetics.
- The Central Government can also appoint qualified Government Analysts for specified products.
- These appointments must be officially published in the Official Gazette, which is the government's public journal.
- A government cannot appoint an analyst who belongs to another government department without first getting that government's consent.
- Anyone who has any financial interest in importing, making, or selling drugs or cosmetics is strictly banned from being appointed as an analyst.
Practical examples
FAQ
1. Who has the authority to appoint Government Analysts under Section 20 of the Drugs and Cosmetics Act, 1940?
Under Section 20 of the Drugs and Cosmetics Act, 1940, both the State Governments and the Central Government have the authority to appoint Government Analysts.
2. How are appointments of Government Analysts made public under Section 20 of the Drugs and Cosmetics Act, 1940?
Under Section 20 of the Drugs and Cosmetics Act, 1940, all appointments of Government Analysts must be made by publishing a notification in the Official Gazette, which is the official government journal.
3. Can a state government appoint a Central Government chemist as an analyst under Section 20 of the Drugs and Cosmetics Act, 1940?
Yes, under Section 20 of the Drugs and Cosmetics Act, 1940, a state can appoint an official serving under another government, but only if they obtain the previous consent of the government under which the chemist is currently serving.
4. What disqualifies a person from being appointed as a Government Analyst under Section 20 of the Drugs and Cosmetics Act, 1940?
Under Section 20 of the Drugs and Cosmetics Act, 1940, any person who has any financial interest in the import, manufacture, or sale of drugs or cosmetics is completely barred from being appointed as a Government Analyst.
Test yourself
Q1.Under Section 20 of the Drugs and Cosmetics Act, 1940, which of the following is a strict disqualification for appointment as a Government Analyst?
Q2.Under Section 20 of the Drugs and Cosmetics Act, 1940, how must the appointment of a Government Analyst be officially declared?
Q3.Under Section 20 of the Drugs and Cosmetics Act, 1940, what is required before a state government can appoint an official who is currently serving under the Central Government?
Q4.If an Inspector appointed under Section 21 of the Drugs and Cosmetics Act, 1940 takes a sample of a drug for testing, to whom do they send it for official analysis under Section 20 of the Drugs and Cosmetics Act, 1940?