Drugs and magic Remedies, Act 1954
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An Act to control advertisements related to drugs and magic remedies, to prohibit certain kinds of advertisements relating to magic remedies.
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Drugs and magic Remedies, Act 1954
- 1. PRESENTED BY PRIYANKA N. DESHMUKH
- 2. To control certain types of the advertisements relating to drugs. To prohibit certain kinds of advertisements relating to magic remedies which falsely claim and mislead public. To provide for matters related therewith. OBJECTIVE 1 2 3
- 3. 1. Any notice, circular, label, wrapper or otherwise such document. 2. Any announcement made orally or by means of producing or transmitting light, sound/smoke. Advertisements Magic Remedy It includes a Talisman, Mantra, Kavacha, and any other charm claiming to possess miraculous powers: 1. For diagnosis, treatment and prevention of any disease in human beings or animals, or 2. For affecting or altering the structure or organic function of the body or animal.
- 4. It includes 1. A medicine for the internal or external use of human beings or animals. 2. A substance intended for the diagnosis, cure, mitigation, treatment or prevention of disease in human or animals Registered Medical Practitioner Any person who holds a qualification granted by an authority specified in ,or notified under, Sec.3 of the Indian medical Degrees Act,1916 or specified in the schedules to the Indian Medical Council Act,1956. Drug
- 5. Advertisements relating to drugs Advertisements relating to drugs which are likely to be used in disease Advertisements relating to magic remedies Prohibited advertisements Banned
- 6. a. The procurement or miscarriage (abortion) or the prevention of conception (pregnancy) in women. b. The correction of menstrual disorders in women. c. The maintenance or improvement of capacity of human being for sexual pleasure. d. Diagnosis, cure, mitigation, treatment or prevention of any disease / disorder specified in schedule ‘J’of the Act. schedule ‘J’ disease: Appendicitis, blindness, cancer, diabetes, kidney stone, paralysis, etc. 1. Advertisements relating to drugs which are likely to be used in disease
- 7. i. Which directly / indirectly give false impression regarding true character of the drug. ii. Make false claim for it. iii.Are otherwise false and deceptive. Claiming their efficacy mentioned in clause(I) by the person who carries on the profession of administering magic remedies. 2. Advertisements relating to drugs 3. Advertisements relating to magic remedies
- 8. Exempted advertisements 1. Displayed signboards or notices by the Registered Medical Practitioner on his premises indicating that the treatment is under taken for any diseases, disorders or conditions. 2. Drug which is sent confidently in the prescribed manner to Registered Medical Practitioner. 3. Drugs printed or published by the government or any other person with prior permission of the government. 4. Book dealing with any matter specified in section 3 for bona fide scientific or social standpoint.
- 9. 1. Leaflets or literature accompanying packing of drugs. 2. Advertisements of drugs in medical, pharmaceutical, scientific and technical journals. 3. Price list published by the licenced manufacturers, importers or distributors of drugs. 4. Medical literature distributed by medical detailers appointed by the licenced manufacturers, importers or distributors of drugs. 5. Advertisements of chemical contraceptives for oral use Various conditions that are not applicable to following classes
- 10. Offence and penalties 1. Contravention of any of the provision of this Act or rules there under:- • Punishable with imprisonment up to 6 months or with fine or with both; on first conviction. • Punishable with imprisonment up to 1 year or with fine or with both; on subsequent conviction. 2. In case of contravention by company, every person who, at the time of the commission of the offences, was in – charge and responsible for the conduct of company business shall be deemed to be guilty and liable for the punishment. However, such person is not liable for punishment if he proves that the offences was committed his knowledge.
- 11. Tuberculosis Rheumatism Kidney stone Leprosy Appendicitis Cataract Cancer Obesity Heart diseases Smallpox Blindness Paralysis Diseases or ailments of which advertisements are prohibited under DMR(OA)ACT, 1954.OR Mention any 7 diseases or ailments of which no advertisements should be made to claim their cure as per Drugs and Magic Remedies(OA)act.