The Drugs and Magic Remedies (Objectionable Advertisements) 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.

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:

1. The procurement of miscarriage in women or prevention of conception in women;
2. The maintenance or improvement of the capacity of human beings for sexual pleasure;
3. The correction of menstrual disorder in women; or
4. 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—
   1. 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
   2. 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.

Section 5. Prohibition 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 referring to any magic remedy which directly or indirectly claims to be efficacious for any of the purposes specified in Section 3.

Section 7. Penalty

Whoever contravenes any of the provisions of this Act or the rules made thereunder shall, on conviction, be punishable—

1. In the case of the first conviction, with imprisonment which may extend to six months, or with fine, or with both;
2. In the case of a subsequent conviction, with imprisonment which may extend to one year, or with fine, or with both.

Section 14. Savings

Nothing in this Act shall apply to—

1. Any signboard or notice displayed by a registered medical practitioner on their premises indicating that treatment for any disease, disorder, or condition specified in Section 3, the Schedule, or the rules made under this Act is undertaken on those premises;
2. Any treatise or book dealing with any of the matters specified in Section 3 from a bona fide scientific or social standpoint;
3. Any advertisement relating to any drug sent confidentially in the manner prescribed under Section 16 only to a registered medical practitioner;
4. Any advertisement relating to a drug printed or published by the Government; or
5. Any advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and Magic Remedies (Objectionable Advertisements) Amendment Act, 1963 (42 of 1963):
   • Provided that the Government may, for reasons to be recorded in writing, withdraw the sanction after giving the person an opportunity of showing cause against such withdrawal.