Chapter: 2.1 Important provisions of the Act

Important provisions of the Act

The Act prohibits participation of following nature:

I.    In publication of any advertisement which may induce people to use the drug for

(a)     the procurement of miscarriage or prevention of conception; or
(b)    the maintenance or improvement of the capacity of human beings for sexual pleasure; or
(c)    the correction of menstrual disorder in women. [Section 3]

II. In publication of any advertisement which may induce people to use the drug for the diagnosis, cure, mitigation, treatment or prevention of any disease, disorder or condition. [Section 3]
III. In publication of any advertisement relating to a drug if She advertisement contains any matter 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 inany material particular. [Section 4]

It also prohibits import and export of any documents containing any such advertisements as has been mentioned above. [Section 6]

However, the Act also provides for certain exceptions to above prohibitions:

a) The Act allowed such advertisement by a registered medical practitioner indicating that treatment for any disease, disorder or condition specified in section 3, the Schedule or the rules made unfair the rules made under this Act, is undertaken in those premises.
b) Publication of any treatise or book dealing with any of the matters specified in section 3 from a bona fide scientific or social standpoint;
c) Advertisement relating to any drug sent confidentially in the manner prescribed under section 16 only to a registered medical practitioner; or
d) Advertisement relating to a drug printed or published by the Government or by previous sanction of the Government granted prior to the commencement of the Drugs and Magic Remedies (Objectionable Advertisements Amendment Act, 1963 (42 of 1963);
e)Advertisements relating to drugs, which in the opinion of the Central Government public interest requires that the advertisement of any specified drug or class of drugs or any specified class of advertisements relating to drugs should be permitted.

The most important provision of this Act is that is empowers any Gazetted Officer authorized by the State Government to enter and search any place in which he has reason to believe that an offence under this Act has been or is being committed. The said Officer can examine any record, register, document, advertisement or any other material object and seize the same which he has reason to believe contravenes any of the provisions of this Act.