Central

Section 15 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

Power to exempt from application of Act.

If, in the opinion of the Central Government, public interest requires that the advertisement of any specified drug or class of drugs 1[or any specified class of advertisements relating to drugs] should be permitted, it may, by notification in the Official Gazette, direct that the provisions of sections 3,4,5 and 6 or any one of such provisions shall not apply' or shall apply subject to such conditions as may be specified in the notification to or in relation to the advertisement of any such drugs or class of drugs 1[or any such class of advertisements relating to drugs].

Summary

The Central Government has the power to exempt specific drug advertisements from the rules of this Act.
This exemption can apply to a specified drug, a class of drugs, or a specified class of drug advertisements.
To grant an exemption, the Central Government must believe that doing so is necessary in the public interest.
The exemption is made by publishing a notification in the Official Gazette.
The government can declare that Sections 3, 4, 5, and 6, or any single one of them, will not apply, or will only apply with specific conditions.

Practical examples

1On July 1, 2026, the Central Government decides that a new life-saving drug for a rare type of heart condition needs to be widely publicized so hospitals are aware of it. Believing it is in the public interest, the Central Government publishes a notification in the Official Gazette exempting advertisements for this specific drug from Section 3.

2In October 2026, the government determines that public health campaigns for a certain class of over-the-counter vitamin tablets should be allowed under strict rules. They issue an official notification stating that Section 4 will not apply to these specific advertisements, provided they contain specific safety warnings listed in the notification.

FAQ

1. Who has the authority to exempt drug advertisements under Section 15?

Only the Central Government has this power.

2. What is the primary justification required for granting an exemption under Section 15?

The Central Government must be of the opinion that public interest requires the advertisement to be permitted.

3. How does the government officially issue an exemption under Section 15?

It must publish a notification in the Official Gazette.

4. Which sections of the Act can the government suspend or modify under an exemption?

The government can suspend or modify the provisions of Sections 3, 4, 5, and 6, or any one of those sections.

5. Can the government attach conditions to an exemption?

Yes, the notification can direct that the provisions will apply subject to such conditions as may be specified in the notification.

Test yourself

1.Which level of government holds the power to exempt advertisements under Section 15?

2.What is the required legal ground for granting an exemption under Section 15?

3.Through what official medium must an exemption under Section 15 be announced?

4.Which of the following sections cannot be exempted or suspended under Section 15?

5.Can an exemption under Section 15 be made subject to conditions?

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