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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Preamble 1

Title: Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

State: Central

Year: 1954

THE DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 [Act, No. 21 of 1954]1 [30th April, 1954] PREAMBLE An Act to control the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic ualities and to provide for matters connected therewith. ________________________ 1. This Act Has Been Extended To Pondicherry By Reg. 7 Of 1963, Sec. 3 And Sch. I (W.E.F. 1st October, 1963), And Extended To The State Of Sikkim, Vide S.O. 949 (E), Dated 20th October, 1988.

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Section 5

Title: Prohibition of Advertisement of Magic Remedies of Treatment of Certain Diseases and Disorders

State: Central

Year: 1954

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

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Complete Act

Title: Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954

State: Central

Year: 1954

Preamble1 - DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENTS) ACT, 1954 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Prohibition of advertisement of certain drugs for treatment of certain diseases and disorders Section4 - Prohibition of misleading advertisements relating to drugs Section5 - Prohibition of advertisement of magic remedies of treatment of certain diseases and disorders Section6 - Prohibition of import into, and export from, India of certain advertisements Section7 - Penalty Section8 - Powers of entry, search, etc. Section9 - Offences by companies Section9A - Offences to be cognizable Section10 - Jurisdiction to try offences Section10A - Forfeiture Section11 - Officers to be deemed to be public servants Section12 - Indemnity Section13 - Other laws not affected Section14 - Savings Section15 - Power to exempt from application of Act Section16 - Power to make rules ScheduleI - THE SCHEDULE

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Complete Act

State: Central

Year: 1954

.....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 :- Act extended to Sikkim with modifications w.e.f. 1-11-89 - See Gaz. of Ind., 20-10-88 and 26-10-89, Pt. II, S. 3(ii), Ext., p. 3 (No. 533) and p. 2 (No. 691). The Act has been extended to the Union territory of- (1) Dadra and Nagar Haveli by Regn. 6 of 1963 (1-7-1965); (2) Pondicherry by Regn. 7 of 1963 (1-10-1963); and (3) Goa, Daman and Diu by Regn. 11 of 1963 (1-7-1965). (Goa is now a State). SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be calledthe Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954-. (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories. (3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS - In this Act, unless the context otherwise requires,- (a) "advertisement" includes any notice, circular, label, wrapper,.....

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1954

(1) This Act may be called the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. (2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to persons domiciled in the territories to which this Act extends who are outside the said territories. (3) It shall come into force on such date1as the Central Government may, by Notification in the Official Gazette, appoint. ________________________ 1. 1st April, 1955, vide Notification No. S.R.O. 511, dated 26th February, 1995, Vide Gazette of India, 1955, Pt. II, Sec. 3, p. 449.

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Section 2

Title: Definitions

State: Central

Year: 1954

.....1916) specified in the Schedules to the Indian 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 being in 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 or at the instance of a person residing within the said territories; 2[* * * *] ________________________ 1. Inserted by Act 42 of 1963, sec. 2. 2. Clause (e) omitted by Act 42 of 1963, Sec. 2.

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Section 14

Title: Savings

State: Central

Year: 1954

.....(a) any signboard or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in Sec. 3, the Schedule or the rules made under this Act is undertaken in those premises; or (b) any treatise or book dealing with any of the matters specified in Sec. 3 from a bonafide scientific or social standpoint; or (c) any advertisement relating to any drug sent confidentially in the manner prescribed under Sec. 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 (42 of 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 withdrawal.] ________________________ 1. Substituted by Act 42 of 1963, Sec. 8, for Sec. 14.

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The Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 Complete Act

State: Chattisgarh

Year: 2005

.....includes physical, mental and economic harm and harm to reputation; (5) "Code" means the Code of Criminal Procedure, 1973 (No. 2 of 1974). Section 3 - Act not in derogation of any other law The provision of this Act shall be in addition to and not in derogation of any other law for the time being in force. Section 4 - Punishment for identifying Tonahi Whoever identifies any person as Tonahi by any means shall be punished with rigorous imprisonment for a term which may extend to 3 years and also with fine. Section 5 - Punishment for harassment Whoever causes physical or mental harassment or damage to any person identified by him or any person as Tonahi shall be punished with rigorous imprisonment for a term which may extend to 5 years and also with fine. Section 6 - Punishment for alleged curing Whoever does any act of jhar-phook, totka, use of tantra-mantra or anything as Ojha upon any person indicated as a Tonahi or any other person or animal or living thing alleged to be affected by such Tonahi, under any claim of treatment or control shall be punished with rigorous imprisonment for a term which may extend to 5 years and also with fine. Section 7 -.....

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Central Excise Tariff Act, 1985 Chapter 95

Title: Toys, Games and Sports Requisites; Parts and Accessories Thereof

State: Central

Year: 1985

.....of Note 1, heading 9503 applies, inter alia, to articles of this heading combined with one or more items, which cannot be considered as sets under rule 3 (b) of the General rules for the interpretation of this Schedule, and which, if presented separately, would be classified in other headings, provided the articles are put up together for retail sale and the combinations have essential character of toys. 5. Heading 9503 does not cover articles which, on account of their design, shape or constituent material, are identifiable as intended exclusively for animals, for example, "pet toys" (classification in their own appropriate heading).] Tariff Item Description of goods Unit Rate of duty (1) (2) (3) (4) 6[***] 7[9503 TRICYCLES, SCOOTERS, PEDAL CARS AND SIMILAR WHEELED TOYS; DOLLS' CARRIAGES; DOLLS; OTHER TOYS; REDUCED-SIZE ("SCALE") MODELS AND SIMILAR RECREATIONAL MODELS, WORKING OR NOT; PUZZLES OF ALL KINDS 9503 00 - Tricycles, scooters, pedal cars and similar wheeled .....

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Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 Section 3

Title: Prohibition of Advertisement of Certain Drugs for Treatment of Certain Diseases and Disorders

State: Central

Year: 1954

.....for sexual pleasurre; or (c) the correction of menstrual disorder in women; or 1[(d) the diagnosis, cure, mitigation, treatment or prevention of 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 (ii) after consultation with the Drugs Technical Advisory Board constituted under the Drugs and Cosmetics Act, 1940 {23 of 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.] ________________________ 1. Substituted by Act 42 of 1963, Sec. 3 for "Cl. (d)".

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