Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com West Bengal Undesirable Advertisements (Control) Act, 1948 29 of 1948 [15 October 1948] CONTENTS 1. Short title, extent and commencement 2. Definitions 3. Prohibition of issue of certain advertisements 4. Confiscation of documents, etc., containing advertisement, etc., which contravenes section 3 5. Penalty 6. Act not to apply in certain cases 7. Jurisdiction to try offences 8. Officers to be deemed public servants 9. Indemnity 10. Power to make rules West Bengal Undesirable Advertisements (Control) Act, 1948 29 of 1948 [15 October 1948] PREAMBLE 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. For Statement of Objects and Reasons, see the Calcutta Gazette, Extraordinary, dated the 18th March, 1948, Part IV, page 297; for proceedings of the West Bengal Legislative Assembly, see the proceedings of the meeting of the West Bengal Legislative Assembly held on the 8th September, 1948. 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 1force on such date as t h e 2[State] Government may, by notification in the Official Gazette, appoint. 1. This Act came into force on the 15th day of August, 1951, vide notification No. Medl. 4562/V-5/51, dated the 4th August, 1951, published in the Calcutta Gazette, of the 9th August, 1951, Part I, page 1989. 2. This word within the square brackets was substituted for the word "Provincial" by para. 4(1) of the Adaptation of Laws Order, 1950. 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, hand-bill, 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, gonorrhea or soft chancre or any sign, symptom or sequel of such disease and includes such other venereal diseases as may be prescribed by the 1[State] Government in this behalf. 1. This word within the square brackets was substituted for the word "Provincial" by para. 4(1) of the Adaptation of Laws Order, 1950. 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, assets 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 1[Government]. (2) The 2[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 1[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 is reasonably suspected to be. Explanation.- In this section "Calcutta" means the town or Calcutta as defined in section 3 of the Calcutta Police Act, 1866, (Ben. Act IV of 1866) together with the suburbs of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866 (Ben. Act II of 1866). 1. This word within the square brackets was substituted for the words "His Majesty" by para. 4(1) of the Adaptation of Laws Order, 1950. 2. See foot-note 3 on page 87, ante. 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 1[State] Government may 2appoint in this behalf, or (d) any advertisement, label or set of instructions which is permitted under the Drugs Act, 1940, (XXIII of 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. 1. See foot-note 3 on page 87, ante. 2. For notification relating to the appointment of the Secretary to the Government of West Bengal, Medical and Public Health Department, as the person referred to in section 6(c) of the Act, see notification No. Medl. 4563/V-5/57, dated 4.8.51, published in the Calcutta Gazette of 1951, Part I, page 1989. 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 (Act XLV of 1860). 9. Indemnity :- No suit, prosecution or other legal proceeding shall lie against any servant of the 1[Government] for anything which is in good faith done or intended to be done under this Act. 1. This word within the square brackets was substituted for the word "Crown" by para. 4(1) of the Adaptation of Laws Order, 1950. 10. Power to make rules :- (1) The 1[State] Government may make rules2 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. 1. See foot-note 3 on page 87, ante. 2. For the West Bengal Undesirable Advertisements (Control) Rules, 1951, made under section 10, see notification No. Medl. 4561/V- 5/51, dated 4.8.51, published in the Calcutta Gazette of 1951, Part I, page 1989.