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.
Be it enacted by Parliament as follows: ?
1. Short tt!", "#t"$t %$& 'o(("$'"("$t. ) (1) This Act may be called the Drugs and Magic
emedies (!b"ectionable Ad#ertisement) Act$ 1%&'(
()) *t e+tends to the whole of *ndia e+ce,t the -tate of .ammu and /ashmir$ and a,,lies also to
,ersons domiciled in the territories to which this Act e+tends who are outside the said territories(
(0) *t shall come into force on such date
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[1] 1 as the 2entral 3o#ernment may$ by notification in
the !fficial 3a4ette$ a,,oint(
*. D"+$to$,. ) *n this Act$ unless the conte+t otherwise re5uires ?
?(a) ?ad#ertisement? includes any notice$ circular$ label$ wra,,er$ or other document$ and any
announcement made orally or by any means of ,roducing or transmitting light$ sound or smo6e1
?(b) ?drug? includes ?
(i) a medicine for the internal or e+ternal use of human beings or animals1
(ii) any substance intended to be used for or in the diagnosis$ cure$ mitigation$ treatment or
,re#ention of disease in human beings or animals1
(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 animals1
(i#) any article intended for use as a com,onent of any medicine$ substance or article$ referred to
in sub7clauses (i)$ (ii) and (iii)1
?(c) ?magic remedy? includes a talisman mantra kavacha$ and any other charm of any 6ind
which is alleged to ,ossess miraculous ,owers for or in the diagnosis$ cure$ mitigation treatment
or ,re#ention 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 animals1
?(cc) ?registered medical ,ractitioner? means any ,erson$ ?
(i) who holds a 5ualification granted by an authority s,ecified in$ or notified under -ection 0 of the
*ndian Medical Degrees Act$ 1%18 (9 of 1%18) s,ecified in the -chedules to the *ndian Medical
2ouncil Act 1%&8 (1:) of 1%&8)1 or
(ii) who is entitled to be registered as a medical ,ractitioner under any law for the time being in
force 1in any -tate to which this Act e+tends relating to the registration of medical ,ractitioner1
(d) ?ta6ing any ,art in the ,ublication of any ad#ertisement? includes ?
? (i) the ,rinting of the ad#ertisement1
? (ii) the ,ublication of any ad#ertisement outside the territories to which this Act e+tends by or at
the instance of ,erson residing within the said territories1
-. .roh/to$ o+ %&0"rt,"("$t o+ '"rt%$ &r12, +or tr"%t("$t o+ '"rt%$ &,"%,", %$&
&,or&"r,. ) -ub"ect to the ,ro#isions of this Act$ no ,erson shall ta6e any ,art in the ,ublication
of any ad#ertisement referring to any drug in terms which suggest or are calculated to lead? to
the use of that drug for ?
?(a) the ,rocurement of miscarriage in women or ,re#ention of conce,tion in women1 or
?(b) the maintenance or im,ro#ements of the ca,acity of human beings for se+ual ,leasure1 or
?(c) the correction of menstrual disorder in women1 or
?(d) the diagnosis$ cure$ mitigation$ treatment or ,re#ention of any disease$ disorder or condition
s,ecified in the -chedule$ or any other disease$ disorder or condition (by whatsoe#er name
called) which may be s,ecified in the rules made under this Act1
Pro#ided that no such rule shall be made e+ce,t ?
? (i) in res,ect of any disease$ disorder or condition which re5uires timely treatment in
consultation? with a registered medical ,ractitioner or for which there are normally no acce,ted
remedies$ and
? (ii) after consultation with the Drugs Technical Ad#isory Board constituted under the Drugs and
2osmetics Act$ 1%': ()0 of 1%':)$ and$ if the 2entral 3o#ernment considers necessary$ with such
other ,ersons ha#ing s,ecial 6nowledge or ,ractical e+,erience in res,ect of Ayur#edic or ;nani
systems of medicines as that 3o#ernment deems fit(
4. .roh/to$ o+ (,!"%&$2 %&0"rt,"("$t, r"!%t$2 to &r12,. ) -ub"ect to the ,ro#isions of
this Act$ no ,erson shall ta6e any ,art in the ,ublication of any ad#ertisement relating to a drug if
the ad#ertisement contains any matter which ?
(a) directly or indirectly gi#es a false im,ression regarding the true character of the drug1 or
?(b) ma6es a false claim for the drug1 or
?(c) is otherwise false or misleading in any material ,articular(
5. .roh/to$ o+ %&0"rt,"("$t o+ (%2' r"("&", +or tr"%t("$t o+ '"rt%$ &,"%,", %$&
&,or&"r,. ) <o ,erson carrying on or ,ur,orting to carry on the ,rofession of administering
magic remedies shall ta6e any ,art in the ,ublication of any ad#ertisement referring to any magic
remedy which directly or indirectly claims to be efficacious for any of the ,ur,oses s,ecified in
-ection 0(
3. .roh/t o$ o+ (4ort $to, %$& "#4ort +ro( I$&% o+ '"rt%$ %&0"rt,"("$t. ) ?<o ,erson
shall im,ort into$ or e+,ort from$ the territories to which this Act e+tends any document containing
and ad#ertisement of the nature referred to in -ection 0$ or -ection '$ or -ection &$ and any
documents containing any such ad#ertisement shall be deemed to be goods of which the im,ort
or e+,ort has been ,rohibited under -ection 1% of the -ea 2ustoms Act$ 1=9= (= of 1=9=)$ and all
the ,ro#isions of that Act shall ha#e effect accordingly$ e+ce,t that -ection 1=0$ thereof shall ha#e
effect as if for the word ?shall? therein the word ?may? were substituted(
5. ."$%!t6. ) >hoe#er contra#enes any of the ,ro#isions of this Act of the rules made thereunder
shall$ on con#iction$ be ,unishable ?
?(a) in the case of a first con#iction$ with im,risonment which may e+tend to si+ months$ or with
fine$ or with both1
?(b) in the case of a subse5uent con#iction$ with im,risonment which may e+tend to one? year$ or
with fine$ or with both(
7. .o8"r, o+ "$tr6, ,"%r'h, "t'. ) (1) -ub"ect to the ,ro#isions of any rules made in this behalf$
any 3a4etted !fficer authorised by the -tate 3o#ernment may$ within the local limits of the area
for which he is so authorised ?
?(a) enter and search at all reasonable times$ with such assistants$ if any$ as he considers
necessary$ any ,lace in which he has reason to belie#e that an offence under this Act has been or
is being committed1
?(b) sei4e any ad#ertisement which he has reason to belie#e contra#enes any of the ,ro#isions of
this Act: Pro#ided that the ,ower of sei4ure under this clause may be e+ercised in res,ect of any
document$ article or thing which contains any such ad#ertisement$ including the contents$ if any$
of such document$ article or thing$ if the ad#ertisement cannot be se,arated by reason of its being
embossed or otherwise$ from such document$ article or thing without affecting the integrity utility
or saleable #alue thereof1
?(c) e+amine any record$ register$ document or any other material ob"ect found in any ,lace
mentioned in clause (a) and sei4e the same if he has reason to belie#e that it may furnish
e#idence of the commission of an offence ,unishable under this Act(
?()) The ,ro#isions of the 2ode of 2riminal Procedure$ 1=%= (& of 1=%=)$ shall$ so far as may be$
a,,ly to any search or sei4ure under this Act as they a,,ly to any search or sei4ure made under
the authority of a warrant issued under -ection %= of the said 2ode(
?(0) >here any ,erson sei4es anything under clause? (b) or clause (c) of sub section (1) he shall$
as soon as may be inform a Magistrate and ta6e his orders as to the custody thereof(
9. O++"$'", /6 'o(4%$",. ) (1) *f the ,erson contra#ening any of the ,ro#isions of this Act is a
com,any$ e#ery ,erson who$ at the time the offence was committed$ was in charge of and was
res,onsible to the com,any for the conduct of the business of the com,any as well as the
com,any shall be deemed to be guilty of the contra#ention and shall be liable to be ,roceeded
against and ,unished accordingly1
Pro#ided that nothing contained in this sub section shall render any such ,erson liable to any
,unishment ,ro#ided in this Act if he ,ro#es that the offence was committed without his
6nowledge or that he e+ercised all due diligence to ,re#ent the commission of such offence(
?()) <otwithstanding anything contained in sub section (1) where an offence under this Act has
been committed by a com,any and it is ,ro#e that the offence was committed with the consent or
conni#ance of or is attributable to any neglect on the ,art of any director or manager secretary or
other officer of the com,any such director manager secretary or other officer of the com,any shall
also be deemed to be guilty of that offence and shall be liable to be ,roceeded against and
,unished accordingly(
Explanation ? ?or the ,ur,oses of this section ?
?(a) ?com,any? means any body cor,orate and includes a firm or other association of
indi#iduals$ and
?(b) ?director? in relation to a firm means a ,artner in the firm(
9A. O++"$'", to /" 'o2$9%/!". ) <otwithstanding anything contained in the 2ode of 2riminal
Procedure$ 1=%= (& of 1=%=) an offence ,unishable under this Act shall be cogni4able(
1:. J1r,&'to$ to tr6 o++"$'",. ) <o court inferior to that of a ,residency magistrate or a
magistrate of the first class shall try any offence ,unishable under this Act(
1:A. ;or+"t1r". ) >here a ,erson has been con#icted by any court for contra#ening any
,ro#ision of this Act or any rule made there under$ the court may direct that any document
(including all co,ies thereof)$ article or thing$ in res,ect of which the contra#ention is made$
including the contents thereof where such contents are sei4ed under clause (b) of sub section (1)
of section =$ shall be forfeited to the 3o#ernment(
11. O++'"r, to /" &""("& to th" 41/!' ,"r0%$t,. ) @#ery ,erson authorised under section =l
shall be deemed to be a ,ublic ser#ant within the meaning of section )1 of the *ndian Penal 2ode
('& of 1=8:)(
1*. I$&"($t6. ) <o suit$ ,rosecution or other legal ,roceeding shall lie against any ,erson for
anything which is in good faith done or intended to be done under this Act(
1-. Oth"r !%8, $ot %++"'t"&. ) The ,ro#ision of this Act are in addition to$ and not in derogation
of the ,ro#isions of any other law for the time being in force(
14. S%0$2,. ) <othing in this Act shall a,,ly to ?
?(a) any sign board or notice dis,layed by a registered medical ,ractitioner on his ,remises
indicating that treatment for any disease$ disorder or condition s,ecified in section 0$ 1the
-chedule or the rules made under this Act$ is underta6en in those ,remises1 or
?(b) any treatise or boo6 dealing with any of the matter s,ecified in section 0 from a bona fide
scientific or social stand,oint1 or
?(c) any ad#ertisement relating to any drug sent confidentially in the manner ,rescribed under
section 18 only to a registered medical ,ractitioner1or
?(d) any ad#ertisement relating to a drug ,rinted or ,ublished by the 3o#ernment1 or
?(e) any ad#ertisement relating to a drug ,rinted or ,ublished by any ,erson with the ,re#ious
sanction of the 3o#ernment granted ,rior to the commencement of the Drugs and magic
emedies (!b"ectionable Ad#ertisement) Amendment Act$ 1%80 (') of 1%80)(
Pro#ided that the 3o#ernment may$ for reasons to be recorded in writing withdraw the sanction
after gi#ing the ,erson an o,,ortunity of showing cause against such withdrawal(
15. .o8"r to "#"(4t +ro( %44!'%to$ o+ A't. ) *f in the o,inion of the 2entral 3o#ernment
,ublic interest re5uires that the ad#ertisement of any s,ecified drug or class of drugs or any
s,ecified class of ad#ertisement relating to drugs should be ,ermitted$ it may by notification in the
!fficial 3a4ette$ direct that? the ,ro#isions of sections 0$'$& and 8 or nay one of such ,ro#ision
shall not a,,ly sub"ect to the ad#ertisement of any such drug or class of drugs or any such class
of ad#ertisement relating to drugs(
13. .o8"r to (%<" r1!",. ) (1) The 2entre 3o#ernment may$ by notification in the !fficial
3a4ette$ ma6e rules for carrying out the ,ur,oses of this Act(
?()) *n ,articular and without ,re"udice to the generality of the foregoing ,ower$ such rules may ?
?(a) s,ecify and disease$ disorder or condition to which the ,ro#isions of section 0 shall a,,ly1
?(b) ,rescribe the manner in which ad#ertisement of articles or things referred to in clause (c) of
section 1' may be sent confidentially(
?(0) @#ery rule made under this Act shall be laid as soon as may be after it is made$ before each
Aouse of Parliament while it is in session for a total ,eriod of thirty days which may be com,rised
in one? session or in two or more successi#e session$ and if before the e+,iry of the session in
which it is so laid or the successi#e sessions aforesaid$both houses agree in ma6ing any
modification in the rule or both houses agree hat the rule should not be made$ the rule shall
thereafter ha#e effect only in such modified form or be of no effect$ as the case may be1 so
howe#er$ that any such modification or annulment shall be without ,re"udice to the #alidity of
anything ,re#iously done under that rule(

THE SCHEDULE
BSee -ections 0(d) and 1'C
-(<o(<ame of the disease$ disorder or condition
1(A,,endicitis
)(Arteriosclerosis
0(Blindness
'(Blood ,oisioning
&(BrightDs disease
8(2ancer
9(2ataract
=(Deafness
%(Diabetes
1:(Diseases and disorders of the brain
11(Diseases and disorders of the o,tical system
1)(Diseases and disorders of the uterus
10(Disorders or menstrual flow
1'(Disorders of the ner#ous system
1&(Disorders of the ,rostatic gland
18(Dro,sy
19(@,ile,sy
1=(?emale diseases (in general)
1%(?e#ers (in general)
):(?its
)1(?orms and structure of the female bust
))(3all stones$ 6idney stones and bladder stones
)0(3angrene
)'(3alucoma
)&(3oitre
)8(Aeart diseases
)9(Aigh or low blood ,ressure
)=(Aydrocele
)%(Aysteria
0:(*nfantile ,aralysis
01(*nsanity
0)(Ee,rosy
00(Eecuoderma
0'(Eoc6"aw
0&(Eocomotor ato+ia
08(Eu,us
09(<er#ous debility
0=(!besity
0%(Paralysis
':(Plague
'1(Pleurisy
')(Pneumonia
'0(heumatism
''(u,tures
'&(-e+ual im,otence
'8(-mall ,o+
'9(-tature of ,ersons
'=(-terility in women
'%(Trachoma
&:(Tuberculosis
&1(Tumours
&)(Ty,hoid fe#er
&0(;lcers of the gastro7intestinal tract
&'(Feneral diseases$ including sy,hilis$ gonorrhoea$ soft chancre$ #eneral$ granulima and lym,ho
granuloma(
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[1] 1st April, 1955 vide Notifcation No. S.R.O. 511, dated 26th February, 1995, Gazette of India,
1955, Part II, Section 3, Page 449.
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