1. If the person contravening any of the provisions of this Act is a company, every person who at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.
2. Notwithstanding anything contained in Sub-section (1) where an offence under this Act has been committed by the company and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or the officer of the company, such director, manager, secretary or other officer of the company shall be liable to be proceeded against and punished accordingly.
For the purpose of this section company means any corporate body and includes a firm or other association of individuals and director in relation to a firm means a partner in the firm.
COGNIZABILITY AND JURISDICTION:
An offence punishable under this Act shall be cognizable. This is notwithstanding anything contained in the Code of criminal Procedure, 1978, (Section 9-A). As regard 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 the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
EXCEPTIONS OR SAVINGS:
The following are the exceptions as to the application of this Act. Accordingly under Section 14 of the Drugs and Magic remedies (Objectionable Advertisements) Act, 1954, nothing in this Act
shall apply to:
(a) Any signboard or notice displayed by a registered medical practitioner on his premises indicating that treatment for any disease, disorder or condition specified in Section 3, the Schedule or the rules made under this Act, is under taken in those premises; or
(b) Any treatise or book dealing with any of the matters specified in Section 3 from bona fide scientific or social stand point; or
(c) Any Advertisement relating to any drug sent confidentially, in the manner prescribed under Section 16 only to a registered medical practitioner; or
(d) Any Advertisement relating to drug printed or published by the government; or
(e) Any Advertisement relating to a drug printed or published by any person with the previous sanction of the Government granted prior to the commencement of the Drugs and Magic Remedies (Objectionable Advertisements) Amendment Act, 1963.
POWER OF THE CENTRAL GOVERNMENT: (SECTION 16 OF THE ACT):
1. The Central Government may, by notification in the Official Gazette, 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:
(a) Specify any disease, disorder or condition to which the provisions of Section 3 shall apply;
(b) Prescribe the manner in which advertisements of articles or things referred to in Clause (c) of Section 14 may be sent confidentially.
3. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in on session or in two or more successive sessions and if before the expiry of the sessions aforesaid both Houses agree in making any modification in the rule shall thereafter have effect only in such modification in the modified form or be of no effect, as the case may be, so however, that any such modification annulment shall be without prejudice to the validity of anything previously done under that rule.
