Central

Section 6 of The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

No person shall import into, or export from, the territories to which this Act extends any documents containing an advertisement of the nature referred to in section 3 or in section 4 or section 5, and any document containing any such advertisements shall be deemed to be goods of which the import or export has been prohibited under section 19 of the Sea Customs Act, 1878 (8 of 1878), and all the provisions of that Act shall have effect accordingly, except that section 183 thereof shall have effect as if for the word 'shall' therein the word 'may' were substituted.

Summary

Nobody is allowed to import into India or export from India any document that contains advertisements banned by Section 3, Section 4, or Section 5.
These prohibited documents are treated as goods whose import or export is banned under Section 19 of the Sea Customs Act, 1878.
All the rules and provisions of the Sea Customs Act, 1878 will apply to these illegal advertisements.
There is one specific change: Section 183 of the Sea Customs Act, 1878 will apply as if the word "may" is used instead of the word "shall".

Practical examples

1In May 1958, Salim tries to bring a box of flyers from another country into India. The flyers advertise a magic talisman that claims to cure diabetes. Because Section 6 prohibits importing documents with Section 5 advertisements, Salim's flyers are seized at the border.

2An advertising agency in Delhi attempts to mail a batch of misleading drug pamphlets to a client in Sri Lanka in September 1962. Under Section 6, exporting these misleading advertisements (which violate Section 4) is prohibited.

FAQ

1. Which old custom law is used to enforce Section 6?

The Sea Customs Act, 1878 (8 of 1878).

2. Under what section of the custom law are these advertisements treated as prohibited goods?

They are treated as prohibited goods under Section 19 of the Sea Customs Act, 1878.

3. What is the specific word change made to Section 183 of the Sea Customs Act, 1878 when applying it here?

It is applied as if the word "may" is substituted for the word "shall".

Test yourself

Q1.Section 6 prohibits the import and export of documents containing advertisements referred to in which sections?

Q2.Under which Act are the documents containing prohibited advertisements deemed to be prohibited goods?

Q3.Under which specific section of the Sea Customs Act, 1878 are these advertisements deemed prohibited?

Q4.What modification is made to Section 183 of the Sea Customs Act, 1878 for the purposes of this Act?

Q5.Does Section 6 apply to documents exported from India as well as those imported?

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