Drugs and Magic Remedies (Objectionable Advertisements), 1954 Act,1954

An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities and to provide for matters connected therewith. This act is not unconstitutional, because it does not interferes with private business and also it does not impose unreasonable restrictions.

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66 Drugs and Magic Remedies
(Objectionable Advertisements),
1954 Act,1954
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Mr. Sagar Kishor SavaleMr. Sagar Kishor Savale
Department of Pharmaceutics
[email protected]
2015-016
Department of Pharmacy (Pharmaceutics) | Sagar savale

2. Contents
1.Introduction
2.Objective
3.Commencement
4.Definitions
1.Advertisement
2.Magic Remedies
5.Classes of Prohibited Advertisements
6.Classes of Exempted Advertisements from this Act
7.Exemption from Application of Act
8.Offences and Penalties
9.Conclusion
10.References
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3. An Act to control the advertisement of drugs in certain cases,
to prohibit the advertisement for certain purposes of remedies
alleged to possess magic qualities and to provide for matters
connected therewith.
This act is not unconstitutional, because it does not interferes
with private business and also it does not impose unreasonable
restrictions.
Introduction
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4. Objective
The Act has been passed with the aim:
1.To control certain types of the advertisements relating to drugs,
2.To control certain kinds of advertisements relating to magic
remedies which falsely claim and mislead public, and
3.To provide for matters related therewith.
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5. Commencement
It extends to the whole of India except the State of Jammu and
Kashmir in 1954, and applies also to persons domiciled in the
territories to which this Act extends who are outside the said
territories
This Act has been extended to and brought into force in Dadra and
Nagar Heveli (w.e.f. 1-10-63) by Ref. 6 of 1963, s.2 Sch. I.
This Act has been extended to Pondicherry by ReF. 7 of 1963, S. 3
and Sch. I (w.e.f. 1-10-1963)
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6. Definitions
1.Advertisement:
Advertisement includes- (I) The printing of the advertisement,
(II) The publication of any advertisement
" 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.
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7. 2. Magic remedies:

"Magic Remedy " includes a talisman, mantra, kavacha, and any
other charm of any kind which is alleged to possess miraculous
powers:
1.For or in the diagnosis, cure, mitigation, treatment or prevention
of any disease in human beings or animals, and
2.For affecting or influencing in any way the structure or any
organic function of the body of human beings or animals
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8. Classes of Prohibited Advertisements
1.Advertisements of drug for the treatment of certain
diseases and disorders: E.g..
a.For the procurement of miscarriage or prevention of conception
in women,
b.For the correction of menstrual cycle in women's,
c.For the maintenance or improvement of the power of human
beings (sexual pleasure),
d.For the diagnosis , cure , treatment or prevention of : any
disorder or condition specified in the schedule.
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9. 2. Prohibition of misleading advertisements relating to
drugs:
Eg.
The advertisements relating to a drug or drugs, which:
a) Directly or indirectly give the false impression regarding the
true nature of the drugs,
(b) Make any false claims for such a drugs,
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10. 3. Prohibition of advertisements of magic remedies for the
treatment of certain diseases or disorders:
Publication of any advertisements related to any magic remedy
which directly or indirectly claims to be efficacious for any
purposes is prohibited.
4. Prohibition of import into, and export from, India of
certain advertisements:
Import into, and export from India of any document containing
of the nature referred to prohibition of misleading
advertisements, and advertisements of magic remedies, for the
treatment of certain diseases and disorders. 10

11. Classes of Exempted Advertisements
from this Act
The following classes of advertisements are not prohibited under
this act:
1.Any advertisements relating to the drugs printed or published by
the government or any other person with prior permission of the
government,
2. Any advertisement relating to a drug which is sent confidentially
in the prescribed manner to registered medical practioner,
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12. 3. Advertisements including any book or treatise dealing with any
matter relating to the diseases, disorders or condition which are
otherwise prohibited, provided published from bonafide
scientific or social point of view,
4. Displayed signboards or notices by the registered medical
practioner on his premises,
5. Advertisements relating to the drugs which comply with the
required conditions as follows:
(a) leaflets or literature along with packagings of drugs,
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13. (b) Advertisements of drugs in medicinal, pharmaceutical,
scientific and technical journals,
(c) Therapeutic index or price list published by licensed,
manufacturer, importer, and distributor.
6. Any advertisements relating to a drug printed or published with
previous sanction of the govt. granted prior to the
commencement of the drugs and magic remedies (objectionable
advertisement) Act, 1954
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14. Exemption from Application of Act
The Central Government, for the public interest, may permit any
advertisement of any specified Drugs or class of drugs by
notification in the official gazette.
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15. Offences and Penalties
1.Contravention of any of the provision of this act or rules:
(a)Punishable with imprisonment up to 6 months or with fine
or both : on first conviction
(b) Punishable with imprisonment up to 1 year or with fine or
with both: on subsequent conviction.
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16. 2.In case of contravention of the provisions of the act
by a company:
Every person who, at the time of the commission of the
offence, was in charge and responsible for the conduct of
the company business shall be guilty and liable for the
punishment.
However, such person is not liable for the punishment if he
proves that the offence was committed without his
knowledge or that he has taken all the precautions to
prevent the commission of such offence.
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17. Conclusion
Drugs and magic remedies (objectionable advertisements) act 1954
has been concluded that this act was made for :
1.Prohibition of Advertisements of drug for the treatment of
certain diseases and disorders,
2. Prohibition of misleading advertisements relating to drugs,
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18. 3. Prohibition of advertisements of magic remedies for the
treatment of certain diseases or disorders,
4. Prohibition of import into, and export from, India of certain
advertisements.
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19. References
1. Http://www.commonlii.org/in/legis/num_act/damraa1954459
2. The Drugs & Cosmetic Rules 1955 vide Gazette Notification-85
(E) dated. 6.2.02.
3. The Drugs and Magic Remedies (Objectionable Advertisement)
Rules: 1955
4. The Gazette of India. The Drugs and Magic Remedies
(Objectionable advertisements) Act 1954. No. 21 of 1954.
5. Kuchekar’s forensic pharmacy , drug and magic remedies act,
1954, page no. 7.1 to 7.6
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