REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 37] NEW DELHI, MONDAY, DECEMBER 9, 1963/AGRAHAYANA 18, 1885
MIN1STKY OF LAW (Legls^tive Department) New Delhi, the 9th December, 1965/Agrahayana 18, 1885 (Saka) The following Act of Parliament received the assent of the Pre- sident on the 7th December, 1963, and is hereby published for general information: — THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) AMENDMENT ACT, 1963
No. 42 OF 1963
[7th December, 1963]
An Act to amend the Drugs and Magic Remedies (O)jectionable Advertisements) Act, 1954.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
1. This Act may be called the Drugs and Magic Remedies Short tile.
(Objectionable Advertisements) Amendment Act, 1963.
21 of 1954.
Amendment of section 2.
2. In section 2 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (hereinafter referred to as the principal A c t ) ,-
(i) after clause (c), the following clause shall be inserted, namely: —
' (cc) "registered medical practitioner" means any person,—
7 of 1916.
(i) who holds a qualification granted by an autho- rity specified in, or notified under, section 3 of the Indian Medical Degrees Act, 1916 or specified in the Schedules to the Indian Medical Council Act. 1956; or
102 of 1935.
(ii) who is entitled to be registered as a medical practitioner under any law for the time being in force
451
746 G of I. Ex.—1.
452 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIin any State to which this Act extends relating to the registration of medical practitioners;';
(ii) clause (P) shall be omnLed.
3. In section 3 oi the principal Act, for clause (d), the following Amendmcni of section 3
clause shall be substituted, namely: —
" (d) the diagnosis, cure, mitigation, treatment or prevention uf 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—
(i) 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
23 ol it
(ii) after consultation with the Drugs Technical Advi- sory Board constituted under the Drugs and Cosmetics Act, 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.".
Amendment of section 7.
4. In section 7 of the principal Act, after the words "any of the provisions of this Act", the words "or the rules made thereunder" shall be inserted.
5. For section 8 of the principal Act, the following section shall be substituted, namely: —
Sub titution of new sec- tion for sec- ;ion 8. Power* of entry, search, etc.
"8." (1) Subject to the provisions of any rules made in this behalf, any Gazetted Officer authorised by the State Government may, within the local limits of the area for which he is so autho- rised,—
(a) enter and search at all reasonable times, with such assistants, if any, as he considers necessary, any place in which he has reason to believe that an offence under this Act hes been or is being committed;
(b) seize any advertisement which he has reason to be- lieve contravenes any of the provisions of this Act:
Provided that the power of seizure under this clause may be exercised in respect of any document, article or thing which contains any such advertisement, including the con- tents, if any, of such document, article or thing, if the adver- tisement cannot be separated by reason of its being embossed
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 453or otherwise, from such document, article or thing without affecting the integrity, utility or saleable value Lhereof;
(c) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.
5 ol 1898.
(2) The provisions of the Code of Criminal Procedure, 1898 shall, so far as may be, apply to any search or seizure under this Act as they apply to any seerch or seizure made under the autho- rity of a warrant issued under section 98 of the said Code.
(3) Where any person seizes anything under clause (b) 01 clause (c) of sub-section (1), he shall, ab soon as may be, inform a Magistrate and take his orders as to the custody thereof.".
6. After section 9 of the principal Act, the following section shall Insertion ot new section QA.
be inserted, namely: —
Offences to be cogni- 5 of 1K98.
"9A. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this Act shall be cognizable.".
7. After section 10 of the principal Act, the following section shall be inserted, namely: —
Insertion of new section iOA,
Forfeitur< "10A. 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 (including all copies thereof), article or thing, in respect n>f which the con- travention is made, including the contents thereof where such contents are seized under clause (b) of sub-section (1) of sec- tion 8, shall be forfeited to the Government.".
8. For section 14 of the principal Act, the following section shall be substituted, namely: —
"14. Nothing in this Act shall apply to—
(a) any sign board or notice displayed by a registered medical practitioner on his premises indicating that treat- ment for any disease, disorder or condition specified in sec- tion 3, the Schedule or the rules made under this Act, is undertaken in those premises: or
454 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(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 con- fidentially 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:
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 with- drawal.".
9. In section 15 of the principal Act,—
A nendment of section 15.
(i) after the words "any specified drug or class of drugs", the words "or any specified class of advertisements relating to drugs" shall be inserted;
(ii) after the words "any such drug or class of drugs", the words "or any such class of advertisements relating to drugs" shall be inserted.
10. In section 16 of the principal Act,—
Amendment of section 16.
(a) in sub-section (2) —
(i) in clause (a), for the words "disease or condition", the words "disease, disorder or condition" shall be substi- tuted;
(ii) in clause (b), the words, brackets and figure "sub- jection (1) of" shall be omitted;
(b) after sub-section (2), the following sub-section shall be inserted, namely: —
" (3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parlia- ment while it is in session for a total period of thirty days
9 K. 1] THE GAZETTE OF INDIA EXTRAORDINARY 455which 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 modi- fication or annulment shall be without prejudice to the vali- dity of anything previously done under that rule.".
11. After section 16 of the principal Act, the following Schedul< shall be added, namely: —
Insertion of a new Sche- dule.
"THE SCHEDULE
[See sections 3 (d) and 14]
S. No Name of the disease, disorder or condition
1. Appendicitis 2. Arteriosclerosis 3. Blindness 4. Blood poisoning 5. Bright's disease ft. Cancer 7. Cataract 8. Deafness 9. Diabetes 10. Diseases and disorders of the brain 11. Diseases and disorders of the optical system 12. Diseases and disorders of the uterus 13. Disorders of menstrual flow 14. Disorders of the nervous system 15. Disorders of the prostatic gland 16. Dropsy 17. Epilepsy 18. Female diseases (in general) 19. Fevers (in, general) 20. Fits 21. Form and structure of the female bust456 THE GAZETTE OK INDIA EXTRAORDINARY [PART II—SEC. 1J,
S. No.
Name oj the disease, disorder or condition
22. Gall stones, kidney stones and bladder stones
23. Gangrene
24. Glaucoma
25. Goitre
26. Heart diseases
27. High or low blood pressure
28. Hydrocele
29. Hysteria
30. Inlantile paralysis
31. Insanity
32. Leprosy
33. Leucoderma
34. Lockjaw
35. Locomotor ataxia
36. Lupus
37. Nervous debility
38. Obesity
39. Paralysis
40. Plague
41. Pleurisy
42. Pneumonia
43. Rheumatism
44. Ruptures
45. Sexual impotence
46, Smallpox
47. Stature of persons
48. Sterility in women
49. Trachoma
50. Tuberculosis
51. Tumours
52 . Typhoid fever
53 Ulcers of the gastro-intestinal tract
54 . Venereal diseases, including syphilis, gonorrhoea, soft
chancre, venereal granuloma and lympho cranulotna.".
R. C S. SABKAR, Secy, to the Govt. of India.
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