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DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT

Ministry of Law and Justice

Act nº 21 of 1954


  • Schedules
  • Act nº 21 of 1954

Preamble

THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954

[Act, No. 21 of 1954]1

[30th April, 1954]

PREAMBLE

An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic ualities and to provide for matters connected therewith.

1. This Act Has Been Extended To Pondicherry By Reg. 7 Of 1963, Sec. 3 And Sch. I (W.E.F. 1st October, 1963), And Extended To The State Of Sikkim, Vide S.O. 949 (E), Dated 20th October, 1988.


Section 1. Short title, extent and commencement

(1) This Act may be called the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories.

(3) It shall come into force on such date1as the Central Government may, by Notification in the Official Gazette, appoint.

1. 1st April, 1955, vide Notification No. S.R.O. 511, dated 26th February, 1995, Vide Gazette of India, 1955, Pt. II, Sec. 3, p. 449.


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "advertisement" includes any notice, circular, label, wrapper or other document, and any announcement made orally or by any means of producing or transmitting light, sound or smoke;

(b) "drug" includes--

(i) a medicine for the internal or external use of human beings or animals;

(ii) any substance intended to be used for or in the diagnosis, cure, mitigation, treatment or prevention of disease in human beings or animals;

(iii) any article, other than food, intended to affect or influence in any way the structure or any organic function of the body of human beings or animals;

(iv) any article intended for use as a component of any medicine substance or article, referred to in sub-clauses (i), (ii) and (iii);

(c) "magic remedy" includes a talisman, mantra, kavacha, and any other charm of any kind which is alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment or prevention of any disease in human beings or animals or for affecting or influencing in any way the structure or any organic function of the body of human beings or animals;

1[(cc) "registered medical practitioner" means any person,--

(i) who holds a qualification granted by an authority specified in, or notified under Sec. 3 of the Indian Medical Degrees Act, 1916 (7 of 1916) specified in the Schedules to the Indian Medical Council Act, 1956 (102 of 1956); or

(ii) who is entitled to be registered as a medical practitioner under any law for the time being in force in any State to which this Act extends relating to the registration of medical practitioner;]

(d) "taking any part in the publication of any advertisement" includes--

(i) the printing of the advertisement,

(ii) the publication of any advertisement outside the territories to which this Act extends by or at the instance of a person residing within the said territories;

2[* * * *]

1. Inserted by Act 42 of 1963, sec. 2.

2. Clause (e) omitted by Act 42 of 1963, Sec. 2.


Section 3. Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders

Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drug for--

(a) the procurement of miscarriage in women or prevention of conception in women; or

(b) the maintenance or improvement of the capacity of human beings for sexual pleasurre; or

(c) the correction of menstrual disorder in women; or

1[(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition specified in the Schedule, or any other disease, disorder or condition (by whatsoever name called) which may be specified in the rules made under this Act :

Provided that no such rule shall be made except--

(i) in respect of any disease, disorder or condition which requires timely treatment in consultation with a registered medical practitioner or for which there are normally no accepted remedies; and

(ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 {23 of 1940), and if the Central Government considers necessary, with such other persons having special knowledge or practical experience in respect of Ayurvedic or Unani systems of medicines as that Government deems fit.]

1. Substituted by Act 42 of 1963, Sec. 3 for "Cl. (d)".


Section 4. Prohibition of misleading advertisements relating to drugs

Subject to the provisions of this Act, no person shall take any part in the publication of any advertisement relating to a drug if the advertisement contains any matters which--

(a) directly or indirectly gives a false impression regarding the true character of the drug; or

(b) makes a false claim for the drug; or

(c) is otherwise false or misleading in any material particular.

Section 5. Prohibition of advertisement of magic remedies of treatment of certain diseases and disorders

No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3.

Section 6. Prohibition of import into, and export from, India of certain advertisements

No person shall import into, or export from, the territories to which this Act extends any document containing an advertisement of the nature referred to in Sec. 3 or in Sec. 4 or Sec. 5, and any document containing any such advertisements shall be deemed to be goods of which the import or export has been prohibited under Sec. 19 of the Sea Customs Act, 1878 (8 of 1878),1and all the provisions of that Act shall have effect accordingly, except that Sec. 1832thereof shall have effect as if for the word "shall" therein the word "may" were substituted.

1. A.S.P. Kurnp v. Union of India, A.I.R. 1983 Ker. 259 at p. 261.

2. Now the Customs Act, 1962 (52 of 1962).


Section 7. Penalty

Whoever contravenes any of the provisions of this Act1[or the rules made thereunder] shall, on conviction, be punishable--

(a) in the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both;

(b) in the case of a subsequent conviction,with imprisonment which may extend to one year, or with fine, or with both.

1. Now the Customs Act, 1962 (52 of 1962).


Section 8. Powers of entry, search, etc.

1[8. Powers of entry, search, etc.

(1) Subject to the provisions of any rules made in this behalf, any Gazetted Officer authorised by the State Government may, within the local limits of the area for which he is so authorised,--

(a) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;

(b) seize any advertisement which he has reason to believe contravenes any of the provisions of this Act:

Provided that the power of seizure under this clause may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing, if the advertisement cannot be separated by reason of its being embossed or otherwise from such document, article or thing without affecting the integrity, utility or saleable value thereof;

(c) examine any record, register, document or any other material object found in any place mentioned in Cl.

(a) and seize the same if he has reason to believe that it may furnish evidence of the commission of any offence punishable under this Act.

(2) The provisions of the Code of Criminal Procedure, 1898 (5 of 1898),2shall, so far as may be, apply to any search or seizure under this Act as they apply to search or seizure made under the authority of a warrant issued under Sec. 98 or the said Code.

(3) Where any person seizes anything under Cl. (b) or Cl. fc) of sub-section (1), he shall, as soon as may be, inform a Magistrate and take his orders as to the custody thereof.]

1. Substituted by Act 42 of 1963, Sec. 5, for Sec. 8.

2. Now the Code of Criminal Procedure, 1973 (w of 1974).


Section 9. Offences by companies

(1) If the person contravening any of the provisions of this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against, and punished accordingly :

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence,

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company, shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,--

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

Section 9A. Offences to be cognizable

1[9A. Offences to be cognizable

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898),2an offence punishable under this Act shall be cognizable.]

1. Inserted by Act 42 of 1963, Sec. 6.

2. Now the Code of Criminal Procedure, 1973 (2 of 1974).


Section 10. Jurisdiction to try offences

No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this Act.

Section 10A. Forfeiture

1[10A. Forfeiture

Where a person has been convicted by any Court for contravening any provision of this Act or any rule made thereunder, the Court may direct that any document (including all copies thereof), article or thing, in respect of which the contravention is made, including the contents thereof where such contents are seized under Cl. (b) of sub-section (1) of Sec. 8, shall be forfeited to the Government.]

1. Inserted by Act 42 of 1963, Sec. 7.


Section 11. Officers to be deemed to be public servants

Every person authorized under Sec. 8 shall be deemed to be a public servant within the meaning of Sec. 21 of the Indian Penal Code (45 of 1860).

Section 12. Indemnity

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.