The UNITED PROVINCES OBJECTIONABLE ADVERTISEMENTS CONTROL ACT, 1948

  
655 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE UNITED PROVINCES OBJECTIONABLE ADVERTISEMENTS CONTROL ACT, 1948 [U.P. Act No. II of 1949] 
 
  
656 
 THE UNITED PROVINCES OBJECTIONABLE 
ADVERTISEMENTS CONTROL ACT, 19481 
(U. P. Act No. II of 1949)  
 ————— 
Adapted and modified by the Adaptation of Laws Order, 1950. 
 (Passed by the U. P. Legislative Assembly on October 23, 1948 
and U. P. Legislative Council on November 10, 1948). 
 [Received the assent of the Governor-General on  
January 27, 1949, under section 76 of the Government of India 
Act, 1935, as adopted by the India Provisional Constitution Order, 
1947, and was 2published in the United Provinces Gazette, dated 
February 19, 1949.] 
 AN 
ACT 
to control objectionable advertisements relating to certain drugs 
and other matters.  
 WHEREAS It is expedient to control objectionable advertise-
ments relating to certain drugs and other matters ;  
IT is hereby enacted as follows : 
Short title, 
extent and 
commencement 
1. (1) This Act may be called the United Provinces Objectionable 
Advertisements Control Act, 1948. 
(2) It shall come into force on such 3date as the 1[State 
Government] may, by notification in the official Gazette, appoint in this 
behalf.  
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1. For Statement of Objects and Reasons see Gaz. Extra., d. Oct 11, 1948 pp. 23-26; for discussion, see L. A. 
Pro., d. Oct. 23, 1948 in vol. L. pp. 490-521, d. April 2, 1949, in Vol. LVIII, p. 324 and (L. C. Pro.,  
dated November 9, 1948, in Vol. XII, pp. 292 and 355, dated July 13, 1949, in Vol. XIII, p. 34 
respectively). 
2.  See in Gaz. d. Feb. 19, 1949, Pt. VII-A, pp. 11-12.  
3.  The Act came into force on Oct. 15, 1952, see not. no. 3848-11-A/V—735-45, d. Oct. 8, 1952, in Gaz.  
d. Oct. 11, 1952, Pt. I, p. 1165.  
 This Act has been extended to the areas mentioned in column 1 of this table under the Act or Order 
mentioned in column 2 and enforced in such areas under notification, if any, mentioned in column 3 with 
effect from the date mentioned in column 4 against each such area ;  
Areas Act or Order under 
which extended 
Notification if any under 
which enforced 
Date from which 
enforced 
1 2 3 4 
1. Rampur District Rampur (Application of 
Laws) Act, 1950 
... Dec. 30, 1949 
2. Banaras District Banaras (Do.) Order, 
1949 
No. 3262 (1)/XVII d. 
Nov. 30, 1949. 
Nov. 30, 1949 
3. Tehri Garhwal 
District 
Tehri-Garhwal (Do.) 
Order, 1949. 
No. 3262 (2)/VII, d. Nov. 
30, 1949. 
Do. 
 
 [The United Provinces Objectionable Advertisements Control, Act, 1948]  
657 
2. In this Act, unless there is anything repugnant in the subject 
or context, 
(a) “advertisement” means any printed, cyclo-styled, typed or 
written matter or a design, or picture or an announcement intended to 
be published, sold, distributed, affixed, inscribed, exhibited or 
announced. 
Definitions 
(b) “Drug” includes any substance used as medicine whether 
for internal or external use by human beings in the treatment, 
mitigation or prevention, cure or relief of any disease, ailment or other 
condition of human organization.  
 
(c) “Indecent advertisement” means an advertisement which in 
the mind of a reader, spectator or listener directly or indirectly tends to 
excite lust or sexual appetite or to create feelings of disgust or 
abhorrence, or contains such matters as are notified by the 2[State 
Government] to be prejudicial to public morals.  
 
(d) “Prescribed” means prescribed by any rules made under this 
Act.  
(e) “Public place” means a place to which public is admitted and 
includes a place which is open to public gaze.  
 
(f) “Registered medical practitioner” means a person practicing 
Allopathy, Ayurvedic, Unani or any other system of medicine and who 
has been registered as such under any enactment for the time being in 
force. 
 
(g) “Venereal disease” includes syphilis, gonorrhea, soft cancer, 
venereal granuloma and lymph granuloma.  
 
3. No person shall himself or through any other person 
published any indecent advertisement or distribute or sell the same or 
affix or inscribe or exhibit any such advertisement on any public place 
or deliver or attempt to deliver to any person or throw down the area of 
any building or structure for any such advertisement.  
Prohibition of 
indecent 
advertisement 
                                                                                                                                                                            
 
1.  Subs. by the A. O. 1950 for (Provl. Govt.).  
2.  Subs. by the A. O. 1950 for (Provl. Govt.).  
[The United Provinces Objectionable Advertisements Control, Act, 1948]  
658 
Prohibition of 
advertisements 
relating to 
venereal 
diseases, etc.  
4. No person shall himself or through any other person 
publish, announce, distribute, sell, deliver, exhibit, affix or inscribe in 
any manner indicated in the preceding section — 
(i) an advertisement holding out or recommending to the public 
any drug alleged to be for the cure, prevention or relief of any venereal 
disease, or any other disease, ailment or condition relating to sexual 
organs or peculiar to women  or which the 1[State Government] may 
specify in rules made under this Act, or  
 (ii) an advertisement referring to a drug in terms calculated to 
lead to its use for procuring the miscarriage of pregnant women ;  
Provided that the provisions of clause (i) shall not apply to 
manufacturer of medicine, who makes such advertisement with the 
previous sanction of the prescribed authority, for distribution only to 
registered medical practitioners.  
Grant of 
licence to 
medical 
practitioners  
5. (1) A registered medical practitioner desirous of advertising 
in any manner, any premises for special treatment of or for the 
prevention, cure or relief of or for prescribing any drug or giving any 
advice in connection with any venereal disease or any other disease or 
ailment or condition relating to sexual organs or peculiar to women or 
which the 1[State Government] may prescribe, shall apply in writing, 
stating the particulars of the treatment, his special qualifications and 
medicines he proposes to use, to the prescribed authority for the grant 
of a licence in respect of such premises.  
 (2) The licence shall be granted on payment of such fee and 
shall be in such form and subject to such conditions as may be 
prescribed.  
(3) The prescribed authority may renew, revoke, or suspend any 
licence granted under this section and its decision shall be final.  
Power to seize 
copies of 
advertisements 
6. Any officer authorized by the 1[State Government] in this 
behalf, may seize copies of any newspaper, periodicals, leaflet, 
pamphlet, handbill, label, book or picture or any notice board or other 
form of advertisement wherever found and obliterate any written or 
printed matter or pictorial representation of signs in any public place if 
it appears to him that an advertisement contained therein contravenes 
the provisions of this Act or the Rules made thereunder or any 
condition of the licence granted under this Act, and a Magistrate trying 
the contravention may without prejudice to any sentence which he 
may pass, direct that the copies or other articles seized in respect of 
which he is satisfied that such contravention has occurred shall be 
forfeited to the 1[State Government]. 
Requiring 
disclosure of  7. Any person publishing, distributing, selling, delivering, 
writing,    printing,    designing,    painting,    affixing,    inscribing   or  
—————————————————————————————————————————— 
1.  Subs. by the A. O. 1950 for (Provl. Govt.).  
 [The United Provinces Objectionable Advertisements Control, Act, 1948]  
659 
announcing on behalf of another person any advertisement which 
contravenes the provisions of this Act, shall, when required by the 
prescribed authority, disclose the correct name and address of the 
person on whose behalf such person purports to act or to have acted as 
aforesaid. 
name and 
address of 
advertiser 
8. No person shall in any manner distribute, exhibit or publish 
any advertisement relating to any drug unless its true formula has been 
disclosed to the prescribed authority, who shall not disclose such 
formula to any person except with the permission of the person 
disclosing the formula.  
Prohibition of 
advertisement 
of drug 
without its 
formula 
9. No person shall import, from any place outside 1[Uttar 
Pradesh] to any place in 1[Uttar Pradesh] any newspaper or other 
periodical or any literature or picture of any other article containing any 
advertisement which contravenes any of the provisions of this Act.  
Prohibition of 
import of 
objectionable 
advertisement  
10. Any person who contravenes the provisions of this Act or the 
Rules made thereunder or any condition of the licence granted under 
this Act shall be punishable with rigorous imprisonment for a term 
which may extend to six months, or with fine or with both ;  
Penalty 
Provided that no person shall be convicted under this section in 
respect of distributing, selling, delivering or affixing any objectionable 
advertisement if he proves to the satisfaction of the Court that the did 
not know or could not with reasonable diligence have ascertained that 
the advertisement concerned was of such a character as contravened 
the provisions of this Act.  
 
11. Any offence punishable by or under this act may be 
compounded by such officer as may be authorized by the 2[State 
Government] in this behalf and on such terms and conditions as may be 
prescribed.  
Power to 
compound 
offences  
12. No suit, prosecution or other legal proceeding shall lie 
against the 2[State Government] or any public servant for any thing 
which is in good faith done or in tended to be done under this Act or the 
rules made thereunder.  
Protection of 
public 
servants and 
limitation of 
suits and 
prosecutions  
13. No suit shall be instituted against the 2[State Government] 
and no prosecution or suit shall be instituted against any public 
servant in respect of anything done, or intended to be done, under this 
Act or the rules made thereunder unless the suit or prosecution has 
been instituted within four months from the date of the Act complained 
of.  
Bar to 
proceeding  
14. (1) No Magistrate having powers inferior to that of a 
Magistrate of the first class shall try any offence punishable under this 
Act.  
Jurisdiction 
of Magistrate 
 
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1.  Subs. by the A. O. 1950 for (the United Provinces).  
2.  Subs. by the A. O. 1950 for (Provl. Govt.).  
[The United Provinces Objectionable Advertisements Control, Act, 1948] 
660 
 (2) An offence under this Act shall be cognizable and bailable. 
Act not to 
apply to 
Government 
institutions, 
etc.  
15. The provisions of this Act shall not apply to advertisements 
relating to the treatment of diseases in Government institutions and in 
such other institutions as the 1[State Government] may, from time to 
time, by notification, direct. 
Power to make 
rules. 16. (1) The 1[State Government] may make 2rules generally for 
carrying out the purposes of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing powers, such rules may specify with reference to the 
provisions of clause (1) of section 4 and sub-section (1) of section 5, 
other diseases, ailments or conditions in respect of which no 
advertisement of any drug or other preparation shall be published, 
exhibited or distributed.  
 
—————————————————————————————————————————— 
1.  Subs. by the A. O. 1950 for (Provl. Govt.). 
2.  For rules, see not, no. 3848 (1)—A/V-735—45, d. Oct. 8, 1952, in Gaze., d. Oct. 11, 1952, Pt. I—A, pp. 
656-657. 

 
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