Section 16 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954
Power to make rules.
- (1)The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
- (2)In particular and without prejudice to the generality of the foregoing power; such rules may--
- (a)specify any 1[disease, disorder or condition] to which the provisions of section 3 shall apply;
- (b)prescribe the manner in which advertisements of articles or things referred to in clause (c) of 2* * * section 14 may be sent confidentially. 3[(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
Summary
- The Central Government has the authority to create rules to carry out the goals of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
- These rules can specify which diseases, disorders, or health conditions will be banned from having drug advertisements under Section 3 of the Act.
- The rules can set the exact way confidential drug advertisements are allowed to be sent to registered medical doctors under Section 14 of the Act.
- Every new rule must be presented before both Houses of Parliament for a total of thirty days while Parliament is in session.
- Parliament can decide to either modify the rule or cancel it completely within this thirty day period.
- Any changes or cancellations made by Parliament will not affect the validity of anything that was already done under that rule before the change.
Practical examples
FAQ
1. Who has the authority to make rules under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954?
Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Central Government has the authority to make rules to carry out the purposes of this Act by publishing a notification in the Official Gazette.
2. For how long must a rule be presented to Parliament under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954?
Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, every rule made must be laid before both Houses of Parliament for a total period of thirty days while Parliament is in session. This period can be completed in a single session, or split across two or more successive sessions.
3. What happens if Parliament disagrees with a rule made under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954?
Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, if both Houses of Parliament agree to modify a rule or agree that the rule should not be made before the sessions expire, the rule will only take effect in the modified form or will have no effect at all.
4. If Parliament cancels a rule under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, does it undo past actions taken under that rule?
No. Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, any modification or annulment of a rule by Parliament is without prejudice to the validity of anything that was previously done under that rule.
Test yourself
1.Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, which authority is empowered to make rules for carrying out the purposes of the Act, and how must these rules be published?
2.Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, what is the required duration for which a rule must be laid before each House of Parliament while in session?
3.Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, if both Houses of Parliament agree to modify or annul a rule, what is the legal status of actions that were already taken under that rule before the change?
4.Under Section 16 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, how does the rule-making power interact with the savings provisions for medical practitioners under Section 14 of the Act?
5.Under Section 16 and Section 3 of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, how can a new health condition or disease be added to the list of prohibited drug advertisements?