Section 14 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
Savings.
1[14. Savings.--Nothing in this Act shall apply to--
- (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 section 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 section 3 from a bonafide scientific or social standpoint; or
- (c)any advertisement relating to any drug sent confidentially in the manner prescribed under section 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.]
Summary
- This section lists the specific exemptions, or savings, where the rules of this Act do not apply.
- It exempts sign boards or notices on a doctor's premises that show they treat diseases listed in Section 3, the Schedule, or the rules.
- It exempts genuine scientific or social books and treatises discussing Section 3 diseases.
- It exempts confidential drug advertisements sent only to registered medical practitioners in the way the rules require.
- It exempts drug advertisements printed or published by the Government.
- It exempts advertisements with government permission granted before the 1963 Amending Act started, though the government can cancel this in writing after giving the person a chance to show cause, which means a chance to argue why it should not be cancelled.
Practical examples
FAQ
1. Can a doctor display a sign board about treating diseases listed in the Schedule?
Yes, a registered medical practitioner can display a signboard or notice on their premises stating that they treat those diseases.
2. Are books about Section 3 diseases completely banned?
No, books or treatises are exempt if they deal with these matters from a genuine, scientific, or social standpoint.
3. Can drug advertisements be sent to doctors?
Yes, they are exempt if they are sent confidentially in the manner prescribed under the rules and sent only to a registered medical practitioner.
4. What advertisements are allowed if published before the 1963 Amending Act?
Advertisements printed or published with the government's previous sanction granted before the 1963 Amending Act are exempt, but the government can withdraw this permission.
5. How can the government withdraw a previously granted sanction?
The government must record its reasons in writing and must first give the person an opportunity to show cause against the withdrawal.
Test yourself
1.Which of the following is exempt from the Act under Section 14?
2.Under Section 14, books are exempt if they deal with Section 3 matters from what standpoint?
3.To whom can confidential drug advertisements be sent under Section 14?
4.Who can print or publish drug advertisements without restriction under Section 14(d)?
5.For advertisements approved by the Government before the 1963 Amending Act, what must the Government do to withdraw its permission?