The West Bengal Undesirable Advertisements (Control) Act, 1948
West Bengal Act 29 of 1948
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[Dated 15th October, 1948]
An Act to control the publication of advertisements relating to contraceptives and the medical treatment of certain diseases and disorders.
Whereas it is expedient to control the publication of advertisements relating to contraceptives and the medical treatment of certain diseases and disorders ;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Undesirable Advertisements (Control) Act, 1948.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "advertisement" includes oral advertisement and also includes any notice, sign, announcement, bill, handbill, circular, book newspaper, magazine, periodical, pamphlet, or leaflet, whether pictorial or otherwise ;
(2) "prescribed" means prescribed by rules made under this Act;
(3) "sexual disorder" means any ailment, irregularity, affection or diseased condition of the organs of generation ;
(4) "venereal disease" means syphilis, gonorrhoea or soft chancre or any sign, symptom or sequela of such disease and includes such other venereal diseases as may be prescribed by the State Government in this behalf.
3. Prohibition of issue of certain advertisements. - (1) No person shall by means of any advertisement,-
(a) prescribe or offer to prescribe any medicine or appliance for use as contraceptive, or
(b) offer to treat any person for, or indicate the line of treatment of, any venereal disease, sexual disorder, irregularity of menstruation or any other prescribed disease, infirmity or abnormality or offer to prescribe, any remedy therefor, or give or offer to give any advice in connection with the treatment thereof.
(2) No person shall print or publish, or cause to be printed or published, for distribution or exhibition to the public, or circulate or cause to be circulated or exhibit or cause to be exhibited, to the public or to any person,-
(a) any advertisement referred to in sub-section (1), or
(b) any label or set of instructions, whether pictorial or otherwise, to be affixed to or delivered with, any packet, box, bottle or phial,
if such label or set of instructions recommends, asserts or infers that any remedy, medicine, medicinal or herbal preparation or any appliance or charm of any kind, whether for use internally, or externally, is a contraceptive or is useful or may be used as a contraceptive, or is a cure, or is useful or may be used, for the prevention, treatment or relief of any venereal disease, sexual disorder, irregularity of menstruation or any other prescribed disease, infirmity or abnormality.
4. Confiscation of documents, etc., containing advertisement, etc. which contravenes section 3. - (1) Any person prescribed under sub-section (2) who may be authorised in writing in this behalf by the Commissioner of Police in Calcutta and the District Magistrate elsewhere may at any time seize and detain any document or any article or thing which such person has reason to believe contains any advertisement which contravenes any of the provisions of section 3, and the Court trying such contravention may direct that such document or such article or thing and all copies thereof shall be forfeited to Government.
(2) The State Government shall prescribe the persons or classes of persons who may be authorised under sub-section (1) to take the action provided for under that sub-section.
(3) Where in pursuance of sub-section (1) any document or article or thing has been declared to be forfeited to Government, any police officer may seize any copy thereof, wherever found, and any Magistrate may by warrant authorise any police officer not below the rank of Sub-Inspector to enter upon and search any premises whereon or wherein such document or article or thing or any copy thereof is or reasonably suspected to be.
Explanation. - In this section "Calcutta" means the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866, together with the suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866.
5. Penalty. - Whoever contravenes any of the provisions of section 3 shall, on conviction, be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
6. Act not to apply in certain cases. - Nothing in this Act shall apply to,-
(a) any medical treatise or book, or any treatise or book dealing with the subject from a bona fide scientific or social standpoint, or
(b) any advertisement, or any article or thing sent confidentially in the prescribed manner only to a medical practitioner or to a wholesale or retail chemist for the purpose of his business, or
(c) any advertisement made, printed or published with the previous sanction of such person or persons as the State Government may appoint in this behalf, or
(d) any advertisement, label or set of instructions which is permitted under the Drugs Act, 1940, or any rules made thereunder.
Explanation. - "Medical practitioner" in this section includes a person regularly practising either the allopathic, homoeopathic, Ayurvedic, Unani or any other system of medicine.
7. Jurisdiction to try offences. - No Magistrate other than a Presidency Magistrate or a Magistrate of the First Class shall try an offence punishable under this Act.
8. Officers to be deemed public servants. - Any person empowered to act under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
9. Indemnity. - No suit, prosecution or other legal proceeding shall lie against any servant of the Government for anything which is in good faith done or intended to be done under this Act.
10. Power to make rules. - (1) The State Government may 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 provide for all or any of the following matters, namely:-
(a) the venereal diseases referred to in clause (4) of section 2 ;
(b) the diseases, infirmities or abnormalities referred to in section 3 ;
(c) the persons and classes of persons referred to in sub-section (2) of section 4;
(d) the manner of sending confidentially an advertisement, article or thing referred to in clause (b) of section 6.
West Bengal Act 29 of 1948
--------------------------------------------------------------------------------
[Dated 15th October, 1948]
An Act to control the publication of advertisements relating to contraceptives and the medical treatment of certain diseases and disorders.
Whereas it is expedient to control the publication of advertisements relating to contraceptives and the medical treatment of certain diseases and disorders ;
It is hereby enacted as follows :-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Undesirable Advertisements (Control) Act, 1948.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,-
(1) "advertisement" includes oral advertisement and also includes any notice, sign, announcement, bill, handbill, circular, book newspaper, magazine, periodical, pamphlet, or leaflet, whether pictorial or otherwise ;
(2) "prescribed" means prescribed by rules made under this Act;
(3) "sexual disorder" means any ailment, irregularity, affection or diseased condition of the organs of generation ;
(4) "venereal disease" means syphilis, gonorrhoea or soft chancre or any sign, symptom or sequela of such disease and includes such other venereal diseases as may be prescribed by the State Government in this behalf.
3. Prohibition of issue of certain advertisements. - (1) No person shall by means of any advertisement,-
(a) prescribe or offer to prescribe any medicine or appliance for use as contraceptive, or
(b) offer to treat any person for, or indicate the line of treatment of, any venereal disease, sexual disorder, irregularity of menstruation or any other prescribed disease, infirmity or abnormality or offer to prescribe, any remedy therefor, or give or offer to give any advice in connection with the treatment thereof.
(2) No person shall print or publish, or cause to be printed or published, for distribution or exhibition to the public, or circulate or cause to be circulated or exhibit or cause to be exhibited, to the public or to any person,-
(a) any advertisement referred to in sub-section (1), or
(b) any label or set of instructions, whether pictorial or otherwise, to be affixed to or delivered with, any packet, box, bottle or phial,
if such label or set of instructions recommends, asserts or infers that any remedy, medicine, medicinal or herbal preparation or any appliance or charm of any kind, whether for use internally, or externally, is a contraceptive or is useful or may be used as a contraceptive, or is a cure, or is useful or may be used, for the prevention, treatment or relief of any venereal disease, sexual disorder, irregularity of menstruation or any other prescribed disease, infirmity or abnormality.
4. Confiscation of documents, etc., containing advertisement, etc. which contravenes section 3. - (1) Any person prescribed under sub-section (2) who may be authorised in writing in this behalf by the Commissioner of Police in Calcutta and the District Magistrate elsewhere may at any time seize and detain any document or any article or thing which such person has reason to believe contains any advertisement which contravenes any of the provisions of section 3, and the Court trying such contravention may direct that such document or such article or thing and all copies thereof shall be forfeited to Government.
(2) The State Government shall prescribe the persons or classes of persons who may be authorised under sub-section (1) to take the action provided for under that sub-section.
(3) Where in pursuance of sub-section (1) any document or article or thing has been declared to be forfeited to Government, any police officer may seize any copy thereof, wherever found, and any Magistrate may by warrant authorise any police officer not below the rank of Sub-Inspector to enter upon and search any premises whereon or wherein such document or article or thing or any copy thereof is or reasonably suspected to be.
Explanation. - In this section "Calcutta" means the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866, together with the suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866.
5. Penalty. - Whoever contravenes any of the provisions of section 3 shall, on conviction, be punishable with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
6. Act not to apply in certain cases. - Nothing in this Act shall apply to,-
(a) any medical treatise or book, or any treatise or book dealing with the subject from a bona fide scientific or social standpoint, or
(b) any advertisement, or any article or thing sent confidentially in the prescribed manner only to a medical practitioner or to a wholesale or retail chemist for the purpose of his business, or
(c) any advertisement made, printed or published with the previous sanction of such person or persons as the State Government may appoint in this behalf, or
(d) any advertisement, label or set of instructions which is permitted under the Drugs Act, 1940, or any rules made thereunder.
Explanation. - "Medical practitioner" in this section includes a person regularly practising either the allopathic, homoeopathic, Ayurvedic, Unani or any other system of medicine.
7. Jurisdiction to try offences. - No Magistrate other than a Presidency Magistrate or a Magistrate of the First Class shall try an offence punishable under this Act.
8. Officers to be deemed public servants. - Any person empowered to act under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
9. Indemnity. - No suit, prosecution or other legal proceeding shall lie against any servant of the Government for anything which is in good faith done or intended to be done under this Act.
10. Power to make rules. - (1) The State Government may 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 provide for all or any of the following matters, namely:-
(a) the venereal diseases referred to in clause (4) of section 2 ;
(b) the diseases, infirmities or abnormalities referred to in section 3 ;
(c) the persons and classes of persons referred to in sub-section (2) of section 4;
(d) the manner of sending confidentially an advertisement, article or thing referred to in clause (b) of section 6.
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