Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954- Sections 10 to 16 and Schedule

10. Jurisdiction to try offences.

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.

10-A. Forfeiture.

[i][10-A. 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 clause (b) of sub-section (1) of Section 8, shall be forfeited to the Government.]

11. Officers to be deemed to be public servants.

11. Officers to be deemed to be public servants.—Every person authorised under Section 8 shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860).

12. Indemnity.

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.

13. Other laws not affected.

13. Other laws not affected.—The provisions of this Act are in addition to, and not in derogation of the provisions of any other law for the time being in force.

14. Savings.

[ii][14. Savings.—Nothing in this Act shall apply to,—

(a) any signboard or notice displaced by a registered medical practitioner on his 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 in those premises; or

(b) any treatise or book dealing with any of the matters specified in Section 3 from a bona fide scientific or social standpoint; or

(c) any advertisement relating to any drug sent confidentially in the manner prescribed under Section 16 only to a registered medical practitioner; or

(d) any advertisement relating to a drug printed or published by the Government; or

(e) 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.]

15. Power to exempt from application of Act.

15. Power 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 [iii][or any specified class of advertisements relating to drugs] should be permitted, it may, by notification in the Official Gazette, direct that the provisions of Sections 3, 4, 5 and 6 or any one of such provisions shall not apply or shall apply subject to such conditions as may be specified in the notification to or in relation to the advertisements of any such drug or class of drugs [iv][or any such class of advertisements relating to drugs].

16. Power to make rules.

16. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may—

(a) specify any [v][disease, disorder or condition] to which the provisions of Section 3 shall apply;

(b) prescribe the manner in which advertisements of articles or things referred to in clause (c) of [vi][* * *] Section 14 may be sent confidentially.

[vii][(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

The Schedule

[viii][THE SCHEDULE

[See Sections 3(d) and 14]

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