The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

(1) This Act may be called the Drugs and MagicRemedies (Objectionable Advertisement) Act, 1954. (2) It extends to the whole of India 1***, and applies also to persons domiciled in the territories towhich this Act extends who are outside the said territories. (3) It shall come into force on such date2as the Central Government may, by Notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) 'advertisement' includes any notice, circular, label, wrapper or other document, and anyannouncement 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 orprevention of disease in human beings or animals; (iii) any article, other than food, intended to affect or influence in any way the structure orany 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, referredto in sub-clauses (i), (ii) and (iii); (c) 'magic remedy' includes a talisman, mantra, kavacha, and any other charm of any kind whichis alleged to possess miraculous powers for or in the diagnosis, cure, mitigation, treatment orprevention of any disease in human beings or animals or for affecting or influencing in any way thestructure or any organic function of the body of human beings or animals; 1[(cc) 'registered medical practitioner' means any person,-- (i) who holds a qualification granted by an authority specified in, or notified undersection 3 of the Indian Medical Degrees Act, 1916 (7 of 1916) specified in the Schedules to theIndian 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 beingin force in any State to which this Act extends relating to the registration of medical practitioner;] (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 orat the instance of a person residing within the said territories; 2* * * * * *

Subject to the provisions of this Act, no person shall take any part in the publication of anyadvertisement referring to any drug in terms which suggest or are calculated to lead to the use of that drugfor-- (a) the procurement of miscarriage in women or prevention of conception in women; or (b) the maintenance or improvement of the capacity of human beings for sexual pleasure; or (c) the correction of menstrual disorder in women; or 1[(d) the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or conditionspecified 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 inconsultation with a registered medical practitioner or for which there are normally no acceptedremedies; and (ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugsand Cosmetics Act, 1940 (23 of 1940), and if the Central Government considers necessary, withsuch other persons having special knowledge or practical experience in respect of Ayurvedic orUnani systems of medicines as that Government deems fit.]

Subject to the provisions of thisAct, no person shall take any part in the publication of any advertisement relating to a drug if theadvertisement contains any matters which-- (a) directly or indirectly gives a false impression regarding the true character of the drug; or (b) makes a false claim for the drug; or (c) is otherwise false or misleading in any material particular.

No person carrying on or purporting to carry on the profession of administering magicremedies shall take any part in the publication of any advertisement referring to any magic remedy whichdirectly or indirectly claims to be efficacious for any of the purposes specified in section 3.