The west bengal undesirable advertisements ( control ) act, 1948

Short title, 
extent and 
commencement 
West Beng1 ACt XXIX of 1948 
THE WEST BENGAL UNDESIRABLE ADVERTISE- 
MENTS (CONTROL)rACT, 1948. 
[Passed by the --We" t Bengal Legislatiore.] 
[Assent of the Governor was first published in the Calcutta 
Gazette, Extraordinary, of the 15th October, 1948.] 
An Act to control the publication, of advertisements' 
relating to contraceptives and the medical treatr%ent 
of certain diseases ana disorders. 
WREREAS 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. (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 
Provincial Government may, by notification in the 
Official Gazette, appoint. 
2. In this Act, unless there is anything repugnant Definitions. 
in the subject or context,— 
(1) "advertisement" includes oral advertisement 
and also includes any notice, sign, announce-
ment, 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, irregu-
larity, affection or diseased condition of the 
organs of generation; 
(4) "venereal disease" means syphilis, gonorrhcea or 
soft chancre or any sign, symptom or seguela of 
such disease and includes such other venereal 
diseases as may be prescribed by the Provincial 
Government in this behalf. 
3. (1) No person shall by means of any advertise-
ment,— 
(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 abhor-. 
mality or offer to prescribe, any remedy there-
for, or give or offer to give any advice in 
connection with the treatment thereof. 
Price—Indian, annas 2 ; English, 3d. 
Prohibition of 
issue of certain 
advertisements. 
The West Bengal Undesirable kdvertisements 
(Control) Act, 1948. - 
[West Ben. Act 
(Secti,,ons 4, ,5.) 
(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 contracep-
tive or is useful or may be used as a contraceptive, or 
is a cure, or is useful or may be used, for the preven-
tion, treatment or relief of any venereal disease, 
sexual disorder, irregularity of menstruation or any 
other prescribed disease, infirmity or abnormality. 
venes section 3. 
which 	 contra- 
tisement, 	 etc., 
documents, etc., 
containing adver- 
Confiscation of 
under that sub-section. 
under sub-section (1) to take the action provided for 
(2) The Pr 
persons or classes of persons who may be authorised 
thereof shall be forfeited to His Majesty. 
3, and the Court trying such contravention may direct 
that such document or such article or thing and all copies 
ment which contravenes any of the provisions of section 
such person has reason to believe contains any advertise-
Commissioner of Police in Calcutta and the District 
any document or any article or thing which 
Mlyagistrate elsewhere may at any time seize and detain 
who may be authorised in writing in this behalf by the 
4. (1) Any person prescribed under sub-section (2) 
Provincial Government shall prescribe the 
(3) Where in pursuance of sub-section (1) any docu-ment or article or thing has been declared to be forfeited
to His Majesty, 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.—I n  this section "Calcutta" means the to wn of Calcutta as defined in section 3 of the Calcutta Po lice Act, 1866, together with the suburbs of Calcutta 
as defined by notification under section 1 of the Calcutta burban Police Act, 1866. 
Penalty, 
fine which may extend to one thousand rupees, or with both. 
imprisonment which may extend to one year, or with 
section 3 shall, on conviction, be punishable with 
5. Whoever con Lravenes any of the provisions of 
Ben. Act. I V of 1866. 
Ben. Act 
II of 1866. 
The West Bengal Undesirable Advertisements 
(Control) Act, 1948. 
XXIX 'Of 1948.] 
XXIII of 
1940. 
Aot XLV 
of 1860. 
( Se ctions 
6. Nothing in this Act shall apply to,— 	 Act not to apply 
(a) any medical treatise or book, or any treatise or in certain Ca8e6'  
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, 
OT • 
any advertisement made, printed or published , 
with the previous sanction of such person or 
persons as the Provincial 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 allo-
pathic, homoeopathic, Ayurvedic, Tinani or any other 
system of medicine. 
7. No Magistrate other than a Presidency Magistrate 
or a Magistrate of the First Class shall try an offence 
punishable under this Act. 
8. 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. No suit, prosecution or other legal proceeding 
shall lie against any servant of the -Crown for anything 
which is in good faith done or intended to be done 
under this Act. 
(0) 
Jurisdiction 
to try offences. 
Officers to be 
deemed publics 
servants. 
Indemnity. 
.10. (1) The Provincial 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; 
the persons and classes of persons referred to in 
sub-section (2) of section 4; 
the manner of sending confidentially an adver-
tisement, article or thing referred to in clause 
(b) of section 6. 
(c)  
(d)  
Power to make 
rules. 
WBGP,48/9-7319A-2M 

‹ Prev All West Bengal acts Next ›