SectionsParticulars
1Short 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...
2Definitions
In this Act, unless the context otherwise requires-(a) “Advertisement” includes any notice, circular; label, wrapper, or other document, and any announcement ...
3Prohibition 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 ...
4Prohibition 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 ...
5Prohibition of advertisement of magic remedies for 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 re...
6Prohibit on of import into, and export from India of certain advertisement
No person shall import into, or export from, the territories to which this Act extends any document containing and advertisement of the nature referred to in ...
7Penalty
Whoever contravenes any of the provisions of this Act of the rules made thereunder shall, on conviction, be punishable-(a) In the case of a first conviction, w...
8Powers of entry, search, etc.
(1) Subject to the provisions of any rules made in this behalf, any Gazetted Officer authorized by the State Government may, within the local limits of the ar...
9Offences by companies
(1) 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 ...
9AOffences to be cognizable
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898) an offence punishable under this Act shall be cognizable....
10Jurisdiction to try offences
No court interior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act....
10AForfeiture
Where a person has been convicted by any court for contravening any provision of this Act or any rule made there under, the court may direct that any document...
11Officers to be deemed to the public servants
Every person authorized under section 81 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)....
12Indemnity
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....
13Other laws not affected
The provision of this Act is in addition to, and not in derogation of the provisions of any other law for the time being in force....
14Savings
Nothing in this Act shall apply to-(a) Any sign board or notice displayed by a registered medical practitioner on his premises indicating that treatment for a...
15Power to exempt from application of Act
If in the opinion of the Central Government public interest requires that the advertisement of any specified drug or class of drugs or any specified class of ...
16Power to make rules
(1) The Centre Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.(2) In particular and without prej...
The Schedule
THE SCHEDULE [See Sections 3(d) and 14]S.No.       Name of the disease, disorder or condition1.         Appendicitis2.         Arteriosclerosis3.         Bl...
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