Page:Acts of the Parliament of India 1954.pdf/75

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Act 21 of 1954.]
Drugs and Magic Remedies (Objectionable Advertisements)
67
(b) 'director' in relation to a firm means a partner in the firm.

10. Jurisdiction to try offences.—No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.

11. Officers to be deemed to be public servants.—Every person authorised under section 8 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Act XLV of 1860).

12. Indemnity.—No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

13. Other laws not affected.—The provisions of this Act are in addition to, and not in derogation of the provisions of any other law for the time being in force.

14. Savings.—(1) Nothing in this Act shall apply to—

(a) any sign board or notice displayed by a registered medical practitioner on his premises indicating that treatment for any of the diseases or disorders specified in section 3. is undertaken in those premises; or
(b) any treatise or book dealing with any of the matters specified in section 3 from a bona fide scientific or social standpoint; or
(c) any advertisement relating to any drug sent confidentially in the prescribed manner only to a registered medical practitioner or to a wholesale or retail chemist for distribution among registered medical practitioners or to a hospital or laboratory; or
(d) any advertisement relating to a drug printed or published by the Government, or, with the previous sanction of the Government, by any other person; or
(e) any advertisement, label or set of instructions which is permitted under the Drugs Act, 1940 (XXIII of 1940), or any rules made thereunder.

(2) In this section -

(a) 'Registered medical practitioner means any person,
(i) who holds a qualification granted by an authority specified in, or notified under, section 3 of the Indian Medical Degrees Act, 1916 (VII of 1916) or by an authority specified in any of the Schedules to the Indian Medical Council Act, 1933 (XXVI of 1933); or
(ii) who is entitled to be registered as a medical practitioner under any law for the time being in force in any State to which this Act extends relating to the registration of medical practitioners;
(b) 'hospital' includes a clinic, dispensary or other institution for the reception of the sick, whether as in-patients or out patients.