Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
No: 21 Dated: Apr, 30 1954
Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
(Act No. 21 of 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.
Be it enacted by Parliament as follows:-
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, 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 date3 as the Central Government may, by Notification in the Official Gazette, appoint.
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;
[(cc) registered medical practitioner means any person,
(i) who holds a qualification granted by an authority specified in, or notified under, section 3 of the Indian Medical Degrees Act, 1916 (7 of 1916) or 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 practitioners;]
(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;