An Act to control advertisements related to drugs and magic remedies, to prohibit certain kinds of advertisements relating to magic remedies.

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.